LAW DEVELOPMENT CENTRE

DEPARTMENT OF POST GRADUATE STUDIES AND LEGAL AID

POST GRADUATE DIPLOMA IN LEGAL PRACTICE
2023/2024 ACADEMIC YEAR
LIST OF TOPICS COVERED
LAND TRANSACTIONS (AREAS COVERED IN FIRST AND
SECOND TERMS)
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
● Acquisition of certificates of customary ownership-procedure,
bodies and documents
● Conversion of customary tenure to freehold tenure.
● Tenets of customary tenure (individual, family and communal).
● 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
● 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 (as an interim
remedy)
● Land ownership by Incorporated Trusts
 ● Caveats as encumbrances on land – Caveatable interests, how to
lodge caveats, lapsing of caveats, removal of caveats.
● Transfer and transmission of interests in land
● Agency in Land Transactions – the Power of Attorney; execution,
attestation, registration, interpretation and enforcement.
● 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.
● Creation of a legal 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
● Easements in common law as distinguished from Access to Roads.

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
etc, Ethical considerations.
 6. INSTANCES WHEN THE CLR/ REGISTRAR OF TITLES CAN BE SUED
AND THE PROCEDURE APPLICABLE

7. FRAUD, ILLEGALITY AND ERROR IN DEALINGS IN LAND AND THE

EFFECT THEREOF;

-Special powers of the Commissioner for Land Registration/

Registrar of Titles under 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.
● Damages where recovery of land is not possible
● 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.
● Post sale obligations of Property developer.
● Physical planning and condominium development.
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.

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,
stoppage of sale and conditions attached thereto.
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.
● Rights of a guarantor upon discharge of obligations under contract of
guarantee (indemnity, subrogation, right to securities, priority of
charges/mortgages e.t.c)
● 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 etc.

4. Security Interests in moveable property.

Tom N. Mbalinda
TOM NUWAGABA MBALINDA
HEAD OF SUBJECT, LAND TRANSACTIONS

28.02.2024