In a way, these goals do not depart fundamentally from the issues that we have been considering like the issues of security of tenure.  In relation to the RLA in this regard or provisions of section 27, 28, 29 and 30 they are instructive while in RTA 23 and 24 are relevant and this is where the safeguards of a registered proprietor and any person dealing with property are made.  the safeguards are against the eventuality of one losing such an interest.  In any case, there is a guarantee that the government gives as to the reliability on what is disclosed in the register and there is a title assurance which are central to the security of tenure given that dealings in such property will not predispose an individual to any damage.  There is bound to be confidence in commercial business circles with all those participating in the process being unbothered with the possibilities of incurring losses.  Section 24 of RTA provides that any person deprived of land or estate through fraud or bring such land by registration or in consequence of any error is covered and so the issue of losing that title is taken care of by such provisions.  No claims that are inconsistent with a registered title would be entertained so such adverse interests cannot be treated favourably as against that of the registered proprietor and the case of Obiero v. Opiyo where the court observes that a person who acquires a first registration title acquires an indefeasible title that is better as against the whole world.

Before one is registered as a proprietor of a given property, there are preliminary stages that have to be dealt with and the most important stage is that of adjudicating the claims and whoever claims to be the owner or entitled to a particular property has to prove the claim and have to face challenges from interested parties who are allowed to make representations and those adjudications are conducted with the help of locals to ensure that only true claimants can acquire the title.  Whoever succeeds on gaining first registration will have shown the most effective entitlement to the title.  If it works out that way, it should follow that there would be no disputes that one would not wish go to court to litigate such land.  The bulk of the cases are in land related cases and therefore the theory has not been proved right.  there is a lot of litigation revolving around land which makes one wonder if we have fared any better by having first registration.  The central region happens to have been the hot bed of a number of things related to land such as the Mau Mau movement who might have not been there to stake their claims to land and therefore land in the central region is a touchy issue.  The understanding was that if and when the registration was done, people would be given opportunities to articulate their claims to avoid disputes.

It has also been suggested that the other goal is to avoid the old practice of land fragmentation and this was in fact one of the other objectives that registration sought to achieve through consolidating smaller holdings into bigger ones.  A number of social factors explain why the land units were fragmented as they believe that every son must get a share of family land no matter how small the piece of land is and one ended up with 10 small pieces of land in different place and this was identified as a militating factor against productivity.  Eventually they decided consolidation would make one end up with one larger unit which could be more productive due to economies of scale.  The provisions that are found in the RLA prohibit the registration of more than five people and only allows 5 people or less to be registered in one parcel of land.

It has also been suggested that another goal is to facilitate the tax administration or it is historically the case that land or levies imposed from land have since time immemorial served as vital sources of revenue i.e. the feudal systems in England and collective system in Russia have served as main sources of revenue to the government.  In our situations we have Land Rates and Land Rent, fees to be paid for a number of reasons, i.e. consent from land boards there are fees to be paid for transaction to proceed, under the Land Planning Act there is a planning fee, LGA there are rates that the local government levies on land, Stamp duty under stamp duty act and fees payable under the RLA.  Registration facilitates the question of administering taxes due by identifying the way to levy taxes.  One has to fulfil a number of requirements which relate to tax administration based on levies on land before any transaction can take place.

The other goal is to facilitate workable loans systems by having a credible registration system in place where one creates ample securities and adequate checks and guarantees based on land as a commodity in the market place.  One can surrender their title documents as security in return for financial accommodation through being afforded credit facilities.  This is a healthy phenomenon if it works along the lines that it should, that it is it is presupposed that one has a development plan and can take advantage of finances available which one would not have access to in the absence of title.  It is possible to benefit improve one’s property and pay back the financier.  The financier is the one who gambles by giving the credit in hope that one is going to make good or have the ability to pay.  In the event that one defaults, then the property is liquidated to recoup whatever is charged.  There is a statutory power of sale that vests on the financier if one does not make good to repay. 

The other Goal which registration seeks to attain relates to limiting or eliminating all together prospects of litigation arising from rival disputes by different claimants in respect of land; so reduction of unnecessary litigation is one of the goals set to be achieved.   Land is a very thorny issue especially in our society and most of the disputes that we have, have the potential to last for years on end.  The exercises that precede registration such as the preliminary process of adjudicating claims and ascertaining rights and interests is conducted, representations are allowed from various quarters and at the end of that process the registration results in favour of the successful claimant who will have proved ownership of that land including the extent of the land in question or the size of the holding which will have been verified by those best placed to undertake that process and in the end it is expected that no further disputes will follow.

This is not always the case, the presence of this preliminary exercise has not stopped people from litigating in court.  In any case what would happen in the absence of such a system is probably having too many cases than we have experienced and looked at either way there is a measure of success to be attributed insofar as this particular goal is concerned.

Registration seeks to avoid the possibility of fragmentation of land and this is an inbuilt mechanism that is part and parcel of the entire registration exercise.  One of the problems that was identified to exist within indigenous land holding was one that was primarily brought by cultural practices that demanded that some things like sharing land to all those thought to be entitled was applied.  Wherever communal land was found each and every individual that qualified to own a piece would get a piece and the situation arising was one where a particular person would end up with many small pieces cropping up all over the place and this was not economical.  The productivity or output from working such holdings was not making any sense.  With the advent of the Registration process this particular element would be cured once and for all by comparing an amalgamation of holdings to a number of forms.  Those who owned land could be forced to swap and in the end have the pieces combined in one area to make up a bigger unit so as to deal with the problem of fragmentation.  Consolidation of units would be encouraged and the result would be that land fragmentation would be minimised or eliminated all together.

The goal of registration has been identified to be that of facilitating the issue of tax administration.  This of course is historical land has from time immemorial offered a basis for levying various forms of revenue. And that is the practice that has been pursued almost the world over.  Feudal England knew of that practice and the serf system of Russia, closer home the Kingdoms to be found within present day Uganda had traits of this element of land serving as the basis of raising revenue.  Modern practice thrives on this albeit in a more refined form and land rates and land rents are cases in point, charging of stamp duties in the event that property is changing hands, transfer fees and other levies are all forms of land based taxes and the best way of administering such taxes is offered is used which identified who should shoulder land based taxes.  Levies levied by the Central government are other forms of land tax.

The other goal of registration is that of facilitating the loan problem between the land owners and financial institutions that extend credit for development and these are achieved basically by way of enabling property owners to use their title documents as security and to guarantee credit facilities that may be extended to land owners.  The property may be developed with the help of credit.  The liabilities and obligations of the parties are clearly spelt out in charges and mortgages and the most important element to the financiers is the ability to realise their security by way of exercising their statutory power of sale in the event that property owners default in their obligations.  The same can be said of the property owners who are entitled to a discharge of their property from the burden once they have completed their loan repayment obligations.

The other goal of registration is the making of the entire conveyancing process easy and more effective and this arises as a result of the keeping of the records of land through the register which is updated regularly from time to time to reflect the true position.  The noting in the register of any interest that may be adverse to those of the purchasers or any other party interested in dealing in the property with the owners.  The comprehensive land information system that results through the registration process greatly aids in this exercise because parties are in a position to know what the status of a property is or material details can be sought through conducting of a search and so the common problem encountered of having to search through your own effort whatever adverse claims are raised against you does not arise as it is all laid out there for all and sundry to inspect. The introductory of statutory forms which introduce certain categories of dealing in land through which mechanisms the process of mechanism is greatly improved and made a lot cheaper, faster and less complicated.


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