LAW DEVELOPMENT CENTRE
DEPARTMENT OF POST GRADUATE STUDIES AND LEGAL AID
POST GRADUATE DIPLOMA IN LEGAL PRACTICE
2020/2021 ACADEMIC YEAR (FIRST INTAKE)
LAND TRANSACTIONS (AREAS COVERED)
1. INTRESTS AND DEALINGS IN LAND
• Identification of interests in land and rights accruing therefrom.
• Classification of interests in land; legal and equitable interests.
• Protection of interests in land.
• Certificates of title evidencing interests in land
• Interpreting entries on certificates of title; meaning and legal
implication.
• Land Tenure systems.
• Conversion of tenures
• Dealings in land and due diligence.
• All restrictions to dealing in land, e.g
-Citizenship
-Minority
-Insanity
-Family and matrimonial land
-Tenancy by occupancy
• Dealings in land; structuring a contract of sale of land and other
contracts e.g gift
• Breach of a contract of sale of land and remedies generally for
aggrieved parties e.g specific performance, suit for price and
damages, vesting orders ( both types), caveats
• Transfer and transmission of land
• Agency in Land Transactions – the Power of Attorney; execution,
attestation, registration, interpretation and enforcement.
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• Co-ownership of land- Joint tenancy and Tenancy in common-
identification, features, rights accruing therefrom, dealings in this
kind of land.
• Dealings in land and ethical considerations generally.
2. LEASES, TENANCIES, LICENCES
• Leases & Sub-leases.
• Meaning, creation of a lease, types, terms and conditions of a lease,
termination.
• Due diligence
• Transactions/ dealings in land held under the lease tenure.
• Certificate of title to land held under a lease tenure; identification of
tenure, interpretation of entries; meaning and legal implication.
• Structuring a lease deed, deed of surrender, variation deed.
• Registration of a lease.
• Remedies for breach of a lease contract
-Damages
-Re-entry
-Relief against forfeiture
• Conversion of lease into freehold tenure
• Tenancies
• Licences
• Ethical considerations
3. ACCESS TO ROADS AND EASEMENTS
• Access to roads; the new legislation
• Easements-types, creation, termination
4. COMPULSORY ACQUISITION OF LAND
5. LAND REGISRTY PRACTICE AND THE POWERS OF THE
COMMISSIONER FOR LAND REGISTRATION/ REGISTRAR OF
TITLES, THE PROCEDURE FOR SUING THE CLR/ RoT,
REGISTRATION AND REMOVAL OF ENCUMBRANCES,
INSTRUMENTS USED IN THE DIFFERENNT LAND
TRANSACTIONS, LOST AND OBLITERATED CERTIFICATES OF
TITLE etc. Ethical considerations.
6. INSTANCES WHEN THE CLR/ REGISTRAR OF TITLES CAN BE
SUED AND THE PROCEDURE APPLICABLE
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7. FRAUD, ILLEGALITY AND ERROR IN DEALINGS IN LAND AND
THE EFFECT THEREOF- S. 91 of the Land Act, Cap 227 as
amended.
• Fraud in dealings in land and the effect thereof
• Meaning of fraud, types of fraud, features of fraud, Pleading fraud;
burden and standard of proof
• Remedies: Recovery of land acquired through fraud- consequential
Orders; procedure, forum, pleadings.
• Damages against Government; the relevant procedure.
• Illegality and error in dealings in land and the effect thereof-Powers of
the Registrar of titles and procedure in cases of land affected by
illegality or error.
• Defences to suits for recovery of land based on fraud- the defence of
Bonafide Purchaser for Value and others.
• Ethical considerations.
8. THE LAW ON CONDOMINIUM PROPERTY
• Meaning of condominium
• Creation of condominium property.
• Salient features of condominium property ( unit area, unit factor,
common areas, commonality of use, easements, etc)
• Effect of conversion to condominium property.
• Management of condominium property: the condominium
corporation, Rules of the Condominium corporation, Dispute
resolution and remedies etc
• Model Tenancy Agreement for condominium property.
10. MORTGAGES
o Meaning of mortgage, who can create a mortgage, which
property can be mortgaged.
o Features: nature, contract, interest in land, security only
o Mortgage distinguished from a pledge and a chattel security.
o Types of mortgages- legal, equitable, informal,
subsequent/second mortgage, third-party mortgage, the power
of attorney; execution, attestation, registration, interpretation).
o Pre-contractual duties of intending mortgagor and intending
mortgagee.
o Duties of a mortgagor to a mortgagee and a mortgagee to a
mortgagor.
o Due diligence.
o Creation and validity of a mortgage; mortgage deed; execution,
attestation and registration of a legal mortgage.
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o Enforcement of a mortgage- remedies for the mortgagee
against the mortgagor in default and procedure for enforcing
each remedy.
o Remedies of parties aggrieved by terms and conditions of a
mortgage- Review of mortgages- the procedure and documents
o Creation of further charges- meaning, conditions, procedure,
necessary legal documents and fees payable.
o Variation, discharge, transfer of mortgage; procedure, legal
documents and fees payable.
o Ethical considerations.
Mortgages and the contract of guaranty
• Nature of the contract of guaranty.
• Duties and liability of the guarantor and rights of the guarantor.
• Discharge of the contract of guaranty.
• Ethical considerations.
3. A mortgage contradistinguished from a money lending
transaction- the law governing money lenders, the money lending
transactions contradistinguished form a mortgage.
P. Nakawungu
PROSCOVIA NAKAWUNGU
HEAD, LAND TRANSACTIONS
14.04.2021