Real property

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Real property (or realty) is a legal term for one of the two main classes of property in the common law. The other class being personal property (or personalty). Although the precise definition of real property varies between jurisdictions, it almost always encompasses land, rights over land and building or fixtures on land. Real property roughly, but not precisely, corresponds to the concept of immovable property in Civil law systems.



This article discusses the ownership of land from the point of view of common law jurisdictions. Other legal geopolitical systems of government have different legal interpretations concerning the ownership of land. Terminology varies in these systems, as well: for instance, heritable property in Scotland; immovable property in Canada, United States, India, Malta, Cyprus, most of Europe including Russia, also South America, Malaysia, South Africa, Pakistan, Bangladesh, and many other countries and continents; and immobilier (real estate) in France.

That first part shows that every area, every small traditional territory has it's own land laws. Note how the land laws in Scotland are different from those of England, yet this is all Britain. It's always wise to study the situations in other regions as concerns the laws that one may want to introduce, for stability reasons.



PART II

The law now broadly distinguishes between real property (land and anything affixed to it) and personal property (everything else, e.g., clothing, furniture, money). The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to. (The word is not derived from the notion of land having historically been "royal" property.[citation needed] The word royal — and its Spanish cognate real — come from the unrelated Latin word rex, meaning king.)



In modern legal systems derived from English common law, classification of property as real or personal may vary somewhat according to jurisdiction or, even within jurisdictions, according to purpose, as in defining whether and how the property may be taxed..





Real property in the Law of England and Wales

English law has retained the conceptual distinction, found in the common law, between real property and personal property, rather than basing its distinction on the civil law-inspired difference between movable and immovable property.



In English law, real property is not confined to the ownership of property and buildings — often referred to as land; it includes many legal relationships between individuals or owners of land and land that are purely conceptual such as the easement, where the owner of one property may have some right on a neighbouring property such as the right to pass over a property, and other incorporeal hereditaments such as profits a prendre, where an individual may have the right to take crops from specific land.



English law also retains a number of forms of property which are largely unknown in other common law jurisdictions such as the advowson, chancel repair liability and lordships of the manor. These are all classified as real property as they would have been protected by real actions in the early common law.



In some jurisdictions real property is held absolutely, in England it may still be considered to be carved out of Crown's ownership of all property in the realm. Such distinctions are important in terms of the law of escheat which deals with certain circumstances when property reverts to the Crown when it has been disclaimed by its owner.



Definitions

An important area of real immovable property are the definitions of estates in land. These are various interests that may limit the ownership rights one has over the land. The most common and perhaps most absolute type of estate is the fee simple which signifies that the owner has the right to dispose of the property as she/he sees fit. Other estates include the life estate where the owner's rights to the property cease at their death and fee tail estates where the property at the time of death passes to the heirs of the body (i.e. children, grandchildren, descendants) of the owner of the estate before he died.



In the law of almost every country, it is the state that is the true owner of all land within its territory, because it is the sovereign, or supreme lawmaking authority over it. Individuals don't "own" their land, but only "estates" in the land, also known as "equitable interests", such as the transferrable right to use and exclude others from use.

The last paragraph of PART II is highlighted in red, to remind us of it's importance. But to understand it well, we need to find the definitions of a State and that of a Country.



State - Organized political community with it's apparatus of government, territory in which these exists; such a community forming part of a federal republic.



Country - land occupied by a nation. (But now this begs for the definition of nation)



Nation - Large community of people, associated with a particular territory usually speaking a single language and usually having a political character or political aspirations.



SO WHAT IS UGANDA? It misses out on the things that define a country or a nation. I'm sure that's where we should begin, answering the question; who are we in this thing called Uganda, after which we can decide on what is ours in this Ugandahood. This is one of nature's law, there is no way of going around it. It will always end up in ways that don't feel right. And not always and only for Buganda.

PART III



Estate law

Estates may be held jointly as joint tenants with rights of survivorship or as tenants in common. The difference in these two types of joint ownership of an estate in land is basically the inheritability of the estate. In joint tenancy (sometimes called tenancy of the entirety when the tenants are married to each other) the surviving tenant (or tenants) become the sole owner (or owners) of the estate. Nothing passes to the heirs of the deceased tenant. In some jurisdictions the magic words "with right of survivorship" must be used or the tenancy will assumed to be tenants in common. Tenants in common will have a heritable portion of the estate in proportion to their ownership interest which is presumed to be equal amongst tenants unless otherwise stated in the transfer deed.



Real property may also be owned jointly through the device of the condominium or cooperative.







U.S. interpretationIn the United States, each state has its own real immovable property law. All states except Louisiana rely on variations of common law for the basis of their real immovable property laws. Louisiana's laws are derived from Napoleonic Code[citation needed] but have adopted some of the common law terms over the years.



This short section requires expansion.



Types of ownership interests



The law recognizes different types of ownership interests in real property. These different interests, called "estates," encompass different rights. The type of estate held by a landowner is generally determined by the language of the grant through which the landowner acquired the land.



Two differentiating characteristics of estates in land are their duration and transferability. Some important types of estates include:

Fee simple:

This most common estate lasts forever and can be freely transferred.

Life estate:

This estate lasts for the grantee's life. The grantee is called a "life tenant." Though it can generally be sold, sale does not change its duration, which must always be limited by the original grantee's life.

Leasehold:

Leasehold estates are estates of limited duration. For example, an apartment-dweller with a one year lease has a leasehold estate in her apartment. Often, leasehold tenants must pay rent.

If an estate is of limited duration, whoever will take ownership of the land upon its termination has a "future interest." Two important types of future interests are:



Reversion:

A reversion arises when a tenant grants an estate of lesser maximum duration than his own. Ownership of the land returns to the original tenant when the grantee's estate expires. The original tenant's future interest is a reversion.

Remainder:

A remainder arises when a tenant with a fee simple grants someone a life estate, and specifies a third party to whom the land goes when the life estate ends. The third party is said to have a remainder. The third party may have some legal rights to limit the life tenant's use of the land.



This Uganda was introduced by the whites. The Ugandan rulers should be advised, if interested in doing something constructive, to study how these artificial countries work, so they can update, and organize

the affairs of the people in a way that have a possiblitiy of calming the spirits.

Museveni threatens Kabaka, Buganda



London, UK

2007-12-23



President Museveni has threatened the Kabaka Ronald Mutebi and the people of Buganda, warning of consequences should they continue to interfere in what he called the politics of the country.



In a new ferocious attack on Buganda since his statement on Balaalo, the President warned CBS Radio Buganda and made it clear that since Chogm has ended, he may not be restrained from dealing with subversive elements in Buganda.



UK Version met with Baganda here in the UK and the majority seem to be convinced that the Kabaka and the establishment at Mengo are taking the right steps in efforts to regain all Kingdom properties which were confiscated by the central government since 1966.



“It has been 25 years since Museveni started ridding the back of Buganda. That is a long time to bare the weight of anyone who is now is frantically cutting off the legs of his horse”, said one Ugandan here in North London among a group gathered to watch the Arsenal Vs Tottenham match.



“Why should Buganda continue to support Museveni?, the man has been a disaster for the Kingdom. We’re no better off than Northern Uganda. When he came to power 21 years ago, Buganda was a net producer and exporter of food. We’re now a net importer of even Matoke from Ankore. .. We’re bribed, disunited, defeated and at a loss left right and centre”, Said James Kinobe. “He closed Greenland Bank while at the same time bailing out Basajjabalaba and other briefcase businesses” … Kinobe continued. … The President’s claims that Baganda are doing Businesses as far as Juba because of his reign is ridiculous. His 21 year war in the North cost more to Baganda businessmen! “Baganda were doing businesses everywhere long before Museveni was born”,



“Museveni’s letter is another stomp on the blood of Bugada. We will never bow to your threats even if it means that you have to abolish the Kingdom of Buganda again. .. We support the tough stand taken by Mengo. I might have had differences with Mengo but on this one we look eye to eye. There should not be any negotiations with the government under such threats. In fact Buganda should not negotiate with the central government until all her properties are returned”, said Jose Muwanga of Harlesden NW. London



On this note UK Version is starting a petition to back the Kingdom of Buganda. The Kingdom cannot negotiate under the barrel of the gun. Museveni’s militancy on the issues of Buganda cannot be rewarded. The President made his statement very well, ensuring that it is published before the Kabaka received it, and to show his power, got it printed on the same page he prints a picture meeting the Queen of England.

You cannot negotiate with someone on issues that are clearly being pre-determined somewhere else. The proposed Bill to take Kampala and place it under central government and the land bill are measures aimed to ensure that Buganda loses what is rightly hers. This President thinks that Kampala is not in Buganda. “Where is it?” asked one Muganda lady. “Where did he find it when he came 21 years ago? .. So he’s been in the wrong place all this time? “Why cant he go and find his Kampala wherever he thinks it is located”, asked John Male … Kale amanyinra (he’s getting too familiar with Buganda), .. Is there any person who doesn’t know that Kampala is in Buganda. Even Idd Amin knew this, Mary Nassozi added.



This President is not interested in peace and stability of Buganda and Uganda otherwise he would not have come up with such laws and threats. “He only wants a subjugated and powerless Buganda, one he can distribute to as many Balaalo as possible ... and that is why he’s coming up with terms as bona-fide tenants”, Nassozi continued … “We will not be slaves on our own land”



“Buganda Kingdom may be constitutionally binded from speaking about politics .. fine. But Baganda certainly aren’t … The constitution gives every Ugandan a right to free speech.



“The President’s letter to the Kabaka gives us another reason to continue fighting this government and strip it of its imaginary title of championing the cause of Buganda” said Sam Bogere. .. We want Ali Baba and his 40 thieves out” Sam added..



The President’s statement is a threat to the Kabaka and the people of Buganda. It must be taken seriously. We must show our support to our own and Buganda as it battles dictatorship in the country.



As UK Version informed you, President Museveni is an aggressive and radical tyrant dressed as a democrat. We warned that he will expose himself after chogm, and that is exactly what he’s done. BUGANDA SHOULD SHUT THE DESPOT OUT – SIGN THE PETITION



UK Version will publish a full analysis of the President’s statement in the New Year.



Reported By Michael Senyonjo from UK Version.com

London UK