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DIGITISATION OF LAND RECORDS: A MEANS OR AN END TO FRAUD IN UGANDA’S LAND SECTOR?

This study examines the digitization of land records as a means to end fraud in Uganda’s lands sector. Uganda embarked on the adoption of a digital system to register and record land related information, with a primary aim, among others to eradicate fraud in the lands sector. Therefore, in Uganda, land registration is governed by the Torrens system which recognizes ownership through Title by registration. This system was developed by Sir Robert Richard Torrens in Australia and it entails entry into the registry that gives landownership legal validity, guaranteed by the State and therefore, all entries into the register are prima facie evidence of the actual status of the land. The registration of titles act is a codification of principles of Torrens system in Uganda. Section 59 of the same provides that the Certificate of title is conclusive evidence of title.2 This concept of indefeasibility of title is a direct principle birthed out of the Torrens system of registration. However, land registration, is a key element in the protection of one’s right to property; as it offers a guarantee of security of title. Correlating registration of land records and security of title, there is a general assertion that land registration acts as a guarantee for secure land ownership; thus, policies and efforts by States are towards the furtherance of the same and such registration offers a degree of security which emanates from the protection that comes with formal documentation and subjection to the Central Authority of the State. However, the purpose of this research therefore is to assess the legal framework on registration of land records in Uganda under the manual process and the digital process. This assessment shall offer a foundation for a legal analysis on the viability of these two processes on the mitigation of the fraud challenge in the land sector, or whether it instead further instigates the same. Basing on that analysis, the study shall offer recommendations that shall be tailored to the unique social, economic and political situation in Uganda, so that as a country, we can make the most out of digitization of our land records. This study examines the digitalization of land records as a means to end fraud in Uganda’s lands sector.

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Author: abdulaziz atiku a
Contributed by: asbat digital library
Institution: cavendish university uganda
Level: university
Sublevel: under-graduate
Type: dissertations