A cabinet held on earlier this month on April 9, approved seven orders that will guide the implementation of the new land law. With over 25 orders that are needed to implement the new land legislation, the recent cabinet approved seven of them. Below are seven orders to help in the new land law implementation. Prime Minister’s order governing registrars of land titles Compared to the existing Presidential Order N°008/01 of 10/05/2016 determining the functioning and powers of Registrar of Land Titles (currently repealed), a Deputy Chief Registrar of land titles and the Head of Department of land registration are introduced both as Registrars. This means that the number of registrars of land titles have increased from six to eight. Ministerial order on land registration The order determines modalities for land registration, modalities for cancellation of land registration and format of the land register. The order says that unregistered lands shall provisionally be registered as state land in its private domain until the holder provides the proof attesting his/her rights to the land. Using state land by state organs This Order contains the rights for a state organ to use state land, to enjoy its produce, rent the property thereon, and co-manage the State lands. It also contains obligations of State organs to effectively and efficiently exploit the land under its possession and provide a report accordingly. The order reiterates that the Ministry in charge of lands shall ensure overall management of the State lands and is the competent organ to grant to State organs rights to use State lands and authorise transfer of those rights between them. Ministerial order determining modalities for land sublease Sublease is a lease of a property by a tenant to a subtenant. This order determines modalities to sublease the land intended for agriculture, livestock and forest activities. It details the elements of a sublease to guide contracting parties, the sub-lessor and the sub-lessee. For Example, the parties to sublease are required to agree upon activities to be carried out on the subleased land, and will comply with land use consolidation. The termination of sublease may happen on the initiative of one of the contracting parties or by default resulting from the sub-lessee. Ministerial order governing land committees This order determines the organization, functioning, responsibilities and members of land committees. The land committee is composed of five members with at least two of them are females and their term was extended from three to five years. The land committees in districts, sectors, cells and villages are responsible for follow up of management and use of land. Landowners’ servitude This Order states that a landowner should not refuse neighbour’s passage leading to their parcels, not to block water that is naturally flowing through his / her land, and not refuse other people to access water from a well found on his or her land. The land owner conveys a servitude of passage if people need a pathway to reach the river or the lake, when there is not any other option. A person who wants a servitude of passage makes a request, in writing, to the landowner, with a copy to the authority of the Cell where the land is located. The authority of the Cell takes decisions and notifies the landowner. Order on other infrastructures intended for commercial purposes The current article 12 of new land law listed Infrastructures intended for commercial purposes but this order determines additional infrastructures including transport and telecommunication infrastructures, Water treatment, storage and supply infrastructures, energy and strategic reserve and warehouses, Wastes, sewage treatment and recycling infrastructures as well as Infrastructures for weather and space monitoring. The Presidential Order establishing national land use and development master plan was gazetted in April 2021, and was revised by the recently approved Presidential Order in order to align it with the new land law. The new land law was published in the Official Gazette of the Republic of Rwanda in June 2021 and orders are provided for its effective implementation.
