What happens if two people claim the same piece of land?

The project cannot decide ownership. What it can do is record both claims, pay neither prematurely, and not use the dispute to avoid paying.

Olule Solomon7 min read

A project cannot decide who owns land — that is for the courts or the recognised local authority. What it can and should do is record both claims, hold the compensation rather than paying the wrong person, keep the entitlement alive while the dispute is resolved, and not use the dispute as a reason to take possession without paying anyone.

Why disputes surface at exactly this moment

Boundaries that were vague for decades become precise when money attaches to them. Family arrangements that worked informally are tested when one name has to go on a payment. Land borrowed years ago and farmed since is claimed by both the lender and the borrower.

None of this is unusual, and a well-run programme expects a proportion of records to be contested. What matters is how they are handled.[1]

What should happen

  1. Both claims recorded against the parcel, with the claim type for each — owner, cultivator, inheritor, borrower — rather than one name and a note.
  2. The dispute flagged the day it appears, and routed into resolution immediately rather than discovered when payment fails.[2]
  3. Resolution attempted locally first — boundary walking with neighbours present, local authority or clan mediation, public display of the draft register so the community can speak to it.
  4. Compensation retained in an identified account against the parcel, not reallocated or treated as saved.
  5. Payment on determination, by a court, a recognised authority, or a written agreement between the parties.

What should not happen

  • Payment to whoever presents first, or whoever is better connected. Once paid, it is effectively irreversible.
  • Both parties told to sort it out and come back, with no assistance and no timeline.
  • Possession taken on the basis that the land is disputed and therefore nobody can be paid.[3]
  • The parcel quietly dropped from the register, which is how disputes become omissions.

If you are one of the claimants

Get your claim recorded in writing with a reference, whatever the other party says. Gather what evidence exists — boundary agreement with neighbours, attestation from local leadership, physical markers, planted trees whose age speaks to occupation, receipts, any prior determination.

Ask the project for two things specifically: that the compensation be retained rather than released while the dispute runs, and that the process not delay unrelated parts of your entitlement — if the dispute concerns one parcel, the house on another should still be paid.[4]

And ask what assistance is available. Many programmes will fund mediation or the legal step needed to settle a claim, because it is cheaper for them than a parcel that blocks a corridor for two years.

Sources

  1. [1]Performance Standard 5: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2012.
  2. [2]Guidance Note 5: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2012.
  3. [3]Good Practice Handbook: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2023.
  4. [4]Uganda legislation — Constitution of the Republic of Uganda (1995) and Land Act (1998) — Uganda Legal Information Institute (ULII), 2023.

Olule Solomon

Lead Consultant, ValueSpace

Olule Solomon is Lead Consultant at ValueSpace, where he works on land acquisition and resettlement systems for donor-financed infrastructure in East Africa. He writes about the practical gap between what the safeguard standards require and what a project can actually evidence at completion audit.

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