Conventionalization of property rights and the torrens system: an investigation of legal and social implications in Uganda

Abstract

This dissertation aims to explore the historical and political contexts that influenced the adoption of the Torrens system in Uganda and examine its implications for land tenure security. The study employs a desk research methodology, utilizing existing literature, legal documents, and scholarly articles to analyze the subject matter comprehensively. The objectives of this research are threefold. Firstly, to identify and analyze the various forms of land tenure in Uganda before adopting the Torrens system. This examination provides a crucial foundation for understanding the transformation of property rights in the country. Secondly, the research investigates the adoption of the Torrens system and the conflicts and challenges that arose during the process of adopting the same in Uganda. It explores the key stakeholders involved, their motivations, and the societal implications of this transition. By examining the complexities and issues encountered, a comprehensive understanding of the challenges encountered in the adoption of the Torrens system is achieved. Lastly, the study compares the application and effects of the Torrens system in Kenya, Namibia, and Australia, with that of Uganda. This comparative analysis provides valuable insights into the diverse experiences and outcomes of the Torrens system in different contexts. The research reveals diverse land tenure systems in Uganda and the impact of adopting the Torrens system. Challenges include conflicting interests and inadequate institutional capacity. Key recommendations include capacity-building initiatives, stakeholder engagement, and continuous evaluation of land tenure policies to address emerging challenges