Concise Notes on Property Rights and Adverse Possession in Uganda

Adverse Possession in Uganda: Legal doctrine allows a possessor to claim ownership after continuous possession for a specified period (12 years). Its practice has raised concerns regarding land injustices, particularly for vulnerable groups.

Property Rights: Defined as fundamental for economic development and social stability. Article 263 of the Ugandan Constitution protects individuals from dispossession while allowing government acquisition for public benefit with compensation.

Legal Framework: Uganda's land tenure system features legal pluralism with statutory and customary laws coexisting. This complicates property rights, particularly regarding adverse possession, where disputes often arise.

Challenges:

• Ambiguities in legal interpretations
• Inconsistent judicial decisions on adverse possession claims
• Difficulties applying statutory laws to diverse land tenure systems
• Societal disparities affecting vulnerable groups like women and rural communities due to adverse possession enforcement.

Research Objectives:

• Evaluate the effectiveness of Uganda's legal framework concerning property rights and adverse possession.
• Analyze the impacts of adverse possession on land tenure security and propose policy reforms.

Theoretical Framework:

• Personhood theory highlights the importance of ownership in individual identity, advocating stronger protections for personal properties (non-fungible), such as ancestral lands.