FAQ

What are tenure systems in Uganda

According to section 237 (3) of the Constitution land is owned in the following tenure systems

1) Customary tenure

2) Freehold tenure

3) Mailo tenure

4) Leasehold tenure

 What land can be converted?

Customary land can be converted to freehold tenure

According to section 237(5) Leasehold can be converted to freehold in accordance by law of Parliament.

According to section 243 land Tribunals are in place to deal with disputes relating to grant of lease, repossession, transfer or acquisition of land by individuals and also deals with disputes relating to the amount of compensation to be paid for land acquired. 

What terms are used in land transactions?

Lawful Occupant

According to sec30, any person who through consent of the registered owner is allowed to be on the land, or any person who had occupied through customary tenancy but whose tenancy was not disclosed or compensated by the registered owner at the time of acquiring land

Bonafide Occupant

According to sec30, any person who occupies or utilised / developed land unchallenged by the registered owner for 12 years or more or was settled by government or an agent of the government.

Customary tenure

Tenure land system regulated by customary rules which are limited in their operation to a particular description or class of persons.

Freehold tenure

Holding of registered land in perpetuity i.e.  ownership of land without any time limits

Leasehold tenure

Holding of registered land for a given period from a specified date of commencement and whereby terms and conditions are agreed upon by the lessor and lessee

Mailo tenure

Holding of registered land in perpetuity and roots in the allotment of land pursuant to the 1900 Agreement.

Can non-citizens own property in Uganda?

Sec 41, non-citizens can acquire land through Leasehold Tenure, which is registered with Registration of Titles Act if the lease is 5 years or more. Lease of more than 99years is not granted to non-citizens. A citizen holding freehold or mailo tenure and loses Ugandan citizenship shall be obliged to convert their tenure to leasehold for a period of 99 years.

 Who is a non-citizen in Uganda?

Sec41 (7) non-citizen means a person not a citizen as defined by the Constitution  and Citizenship Act , i.e. any person whose parentage lacks citizenship of Uganda or has not been naturalised by government or whose registered birth was outside Uganda but whose parents are not Ugandan citizens, as for corporate bodies, non-citizen is a corporate body whose controlling interest or decision making lies with non-citizens or a company incorporated in Uganda whose Articles of Association does not contain a provision restricting transfer or issue of shares to non-citizens.

Meaning of Title?

When a person has " title" it includes documentation or records or acts that prove ownership. This is not only restricted to records of Ministry of Lands of Republic of Uganda or Mengo, but also may include among other things Local Council witnessed records.

What is a Mortgage?

A mortgage is created in a transaction whereby title holder or  a legal assignee to the property has that property pledged as security for an obligation to lender or other legal entity. It involves transfer of interest in a property for the title holder to the lender this must be done in writing.