An Act to provide for the tenure, ownership and management of land and for related matters.

The Land Act

<p>The Land Act (Cap 236) is Uganda's primary law governing land ownership, tenure, and administration. It applies to all Ugandan citizens, non-citizens, communities, and any person with an interest in land in Uganda. The Act defines four systems of land tenure — customary, freehold, mailo, and leasehold — and establishes the legal framework for acquiring, managing, and transferring land. It also protects the rights of lawful and bona fide occupants, outlines procedures for converting customary land to freehold, creates local land boards and tribunals, and sets penalties for unlawful eviction and other land-related offences.</p>

<h3>Key Definitions</h3>
<p>The Act uses specific terms that determine who owns or can use land. Important definitions include:</p>
<ul>
<li><strong>Owner</strong>: person with registered or customary ownership rights.</li>
<li><strong>Lawful occupant</strong>: someone who entered land under old laws or with the registered owner's permission.</li>
<li><strong>Bona fide occupant</strong>: someone who occupied land unchallenged for 12 years before the Constitution (1995) or was settled by the government.</li>
<li><strong>Tenant by occupancy</strong>: a lawful or bona fide occupant on registered land.</li>
<li><strong>Non-citizen</strong>: any person or company not a Ugandan citizen, limited to 99-year leases.</li>
</ul>

<h3>Types of Land Tenure</h3>
<p>Land in Uganda is held under one of four tenure systems, each with distinct rights:</p>
<ul>
<li><strong>Customary tenure</strong>: governed by local customs, can be held by individuals, families, or communities indefinitely.</li>
<li><strong>Freehold</strong>: full ownership powers (sell, lease, mortgage) subject to law.</li>
<li><strong>Mailo</strong>: similar to freehold but protects pre-existing occupants’ rights.</li>
<li><strong>Leasehold</strong>: possession for a fixed period under a lease agreement.</li>
</ul>

<h3>Customary Land Ownership and Conversion</h3>
<p>If you hold land under customary tenure, you may apply for a <strong>certificate of customary ownership</strong> through the local land committee. The committee verifies boundaries, hears claims, and submits recommendations to the district land board. Once issued, the certificate allows you to lease, sell, or mortgage the land (unless restricted). You also have the right to <strong>convert customary land to freehold</strong> by applying to the committee and paying a fee. The Land Board will order a survey and may impose conditions. If denied, you can appeal to a district land tribunal.</p>

<h3>Rights of Tenants by Occupancy (Lawful and Bona Fide Occupants)</h3>
<p>If you are a lawful or bona fide occupant on registered land, you have <strong>security of occupancy</strong>. Key rights and obligations include:</p>
<ul>
<li>You must pay an annual nominal ground rent set by the board.</li>
<li>You cannot be evicted except by a court order, and only for non-payment of rent.</li>
<li>Eviction orders must give you at least six months to vacate.</li>
<li>You may apply for a <strong>certificate of occupancy</strong> from the landowner after fulfilling rent obligations.</li>
<li>You can assign, sublet, or subdivide your tenancy only with the owner's written consent.</li>
<li>The owner must give you first option to buy if the land is sold; you must give the owner first option to take over your tenancy before selling it.</li>
</ul>

<h3>Spousal and Family Land Rights</h3>
<p>The Act protects <strong>family land</strong>, which includes your ordinary home, land used for food cultivation, or land agreed to be family land. You cannot be evicted from your home without your consent, and any sale, mortgage, or transfer of family land requires <strong>written spousal consent</strong>. If a spouse unreasonably withholds consent, the owner may appeal to a district land tribunal. A non-owning spouse may lodge a caveat on the title to protect their interest.</p>

<h3>Non-Citizen Land Ownership</h3>
<p>Non-citizens (including companies controlled by non-citizens) <strong>cannot own freehold or mailo land</strong> in Uganda. They may only lease land for a maximum of <strong>99 years</strong>. Leases of five years or more must be registered. If a Ugandan citizen acquires freehold or mailo land and later gives up citizenship, the land automatically converts to a 99-year lease.</p>

<h3>Land Administration Bodies</h3>
<p>The Act establishes several institutions to manage land:</p>
<ul>
<li><strong>Uganda Land Commission</strong>: holds and manages government land, administers the Land Fund, and acquires land for public purposes.</li>
<li><strong>District Land Boards</strong>: manage land at district level, allocate unoccupied land, set compensation rates, and issue certificates.</li>
<li><strong>Local Land Committees</strong>: assist the board at subcounty level, verify boundaries, and mediate disputes.</li>
<li><strong>District Land Tribunals</strong>: hear land disputes up to 2,500 currency points, with powers to order specific performance, injunctions, and compensation.</li>
<li><strong>Land Mediators</strong>: appointed by tribunals to help parties reach voluntary agreements.</li>
</ul>

<h3>Key Procedures: Application for Freehold or Customary Certificates</h3>
<p>To obtain a freehold title or certificate of customary ownership, you must follow a step-by-step process:</p>
<ol>
<li>Submit an application on the prescribed form to the local committee or land board.</li>
<li>The committee publishes a notice, holds a hearing, and mediates conflicting claims.</li>
<li>The committee submits a report with recommendations to the land board.</li>
<li>The board reviews, may order a survey, and approves or rejects the application (with reasons).</li>
<li>If approved, the Registrar of Titles issues a certificate of title (for freehold) or the recorder issues a certificate of customary ownership.</li>
<li>You can appeal a board decision to the district land tribunal within 60 days.</li>
</ol>

<h3>Compensation and Eviction Rules</h3>
<p>If the government acquires your land for public purposes, you are entitled to <strong>fair compensation</strong> based on market value, plus a disturbance allowance of 15% (or 30% if less than six months' notice). Unlawful eviction of a lawful occupant is a criminal offence carrying up to seven years' imprisonment. The court may also order compensation and restitution of the land.</p>

<h3>Penalties for Violations</h3>
<p>The Act imposes severe penalties for land-related offences:</p>
<ul>
<li>Unlawful eviction: up to seven years in prison, fines, and compensation.</li>
<li>Non-citizen fraudulently acquiring freehold: land forfeited.</li>
<li>Making false declarations about land: fine or imprisonment.</li>
<li>Occupying land without consent: criminal offence.</li>
<li>Interfering with public rights of way or water resources: penalties under other laws.</li>
</ul>

<h3>Important Rights You Should Know</h3>
<ul>
<li>You have the right to <strong>equal treatment</strong> regardless of gender — women, children, and persons with disabilities cannot be denied access to customary land.</li>
<li>You have the right to <strong>use water</strong> on your land for household and small-scale farming without a permit.</li>
<li>You have the right to <strong>public rights of way</strong> over any land, unless the Minister changes them.</li>
<li>You have the right to <strong>traditional dispute resolution</strong> through clan leaders or elders before going to court.</li>
<li>You have the right to <strong>appeal</strong> any land board or tribunal decision to a higher authority, including the High Court.</li>
</ul>

<p>For specific legal advice, consult a qualified lawyer or the nearest district land office.</p>

If you serve on a land committee, you are entitled to be paid for your work. The district council decides how much you receive, based on a recommendation from the district executive committee. All expenses that the committee incurs are paid from the district administration funds. This ensures committee members are compensated and their work costs are covered by the district.

Section 67 of the Land Act (Cap 236) explains that committee members receive pay as determined by the district council, and all committee expenses are charged on district administration funds.

Section 67: How Committee Members Are Paid under Land Act

A member of a committee shall be paid such remuneration as may be determined by the district council on the recommendation of the district executive committee.

All expenses incurred by or on behalf of the committee shall be charged on the district administration funds.

Section 67: How Committee Members Are Paid under Land Act

67.Remuneration of members of committees

Plain English Summary