Three kinds of land
The Land Act of 2009 divides land in South Sudan into public land, held by the government; community land, held by communities under customary law; and private land, held by individuals and companies under freehold, leasehold or customary tenure. Most of Juba's residential and commercial plots are leaseholds granted by the state and county authorities, surveyed and classified, and recorded in registers kept by the land authorities of Central Equatoria State and Juba County. Around the city, land that families and communities have occupied for generations is community land, and the boundary between it and allocated plots is where many disputes begin.
How plots are allocated, and how disputes arise
A residential plot in Juba is allocated by the competent authority, surveyed, and held under a lease that must be registered. Disputes arise when the same plot is allocated to two people, when a plot is sold by someone who did not own it, when an owner who has been abroad for years returns to find a building on the land, when a community asserts that the land was never the authority's to allocate, or when a survey puts a boundary in the wrong place. Because many owners now live in Uganda, Kenya, Finland or further away, the first sign of a problem is often a relative's phone call.
Where a land case is decided
Land cases in Juba are heard by the statutory courts, beginning in the County Court or the High Court of Central Equatoria State depending on the value and nature of the claim, with appeals to the Court of Appeal and the Supreme Court. Customary law courts deal with disputes over community land and with boundary and grazing disputes outside the surveyed areas. Alongside the courts, the state land authorities and the South Sudan Land Commission hold the records on which a case turns: the allocation, the survey, the lease and its registration. Whoever holds the better-documented chain of title usually prevails, which is why the first step in any dispute is to assemble the documents before anyone else does.
Protecting land from abroad
An owner abroad can protect a plot by keeping the lease registered and the fees paid, by giving a trusted relative a properly executed power of attorney rather than an informal mandate, by checking the register for competing entries, and by acting the moment a stranger appears on the land, since possession hardens quickly. Prof. Jok acts in land disputes before the courts in Juba, assembles title documents from the land authorities, and advises owners abroad on recovering and protecting property. See land and property disputes.
Questions people ask
Who allocates plots in Juba?
The land authorities of Central Equatoria State and Juba County allocate and survey plots, and the lease is registered with them. Community land is governed by the community under customary law.
Someone has built on my plot while I was abroad. What can I do?
Gather your allocation, survey and lease documents, check the register for competing entries, and bring a claim in the court with jurisdiction over the land without delay. The longer a stranger is in possession, the harder the case becomes.
Can land in Juba be sold without the owner being present?
Only through a properly executed power of attorney. Sales by relatives acting on informal instructions are a frequent source of disputes and are open to challenge.
