This is the version of this Act as it was from 18 March 2004 to 11 February 2010. Read the latest available version.
Land Act
Related documents
- Is amended by Land (Amendment) Act, 2001
- Is amended by Land (Amendment) Act, 2004
- Is amended by Land (Amendment) Act, 2010
- Is amended by Law Revision (Miscellaneous Amendments) Act, 2023
Uganda
Land Act
Chapter 236
- Commenced on 2 July 1998
- [This is the version of this document as it was from 18 March 2004 to 11 February 2010.]
- [Note: This legislation was revised and consolidated as at 31 December 2000 and 31 December 2023 by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
- [Amended by Land (Amendment) Act, 2001 (Act 3 of 2001) on 2 July 2000]
- [Amended by Land (Amendment) Act, 2004 (Act 1 of 2004) on 18 March 2004]
Part I – Interpretation
[Note: this Act has been amended by the substitution for the words “Tribunal” or “Land Tribunal” wherever they occur by the words “District Land Tribunal” and the words “Registrar of Titles”, “Registrar” or “District Registrar of Titles” wherever they occur by the word “Commissioner”, by section 40 of Act 1 of 2004]1. Interpretation
In this Act, unless the context otherwise requires—“alienated” means alienated by the grant of an estate in freehold or leasehold which is registered under the Registration of Titles Act, and “unalienated” shall be interpreted accordingly;“association” means a communal land association established by section 15;“authorised undertaker” means a person or authority authorised or required by law to execute public works;“board” means a district land board established by article 240 of the Constitution and referred to in section 56;“bona fide occupant” and “lawful occupant” have the meanings assigned to them in section 29;“certificate of customary ownership” means a certificate issued under section 4;“certificate of occupancy” means a certificate issued under section 33;“Commission” means the Uganda Land Commission established by article 238 of the Constitution and referred to in section 46;“Commissioner” means the Commissioner for Land Registration and includes Assistant Commissioner, Principal Commissioner, Senior Commissioner, Commissioner, or Commissioner of Titles so appointed to the extent that he or she has been anthorised to exercise or perform any power or duty conferred or imposed by this Act upon the Commissioner;[definition of “Commissioner” inserted by section 3(a) of Act 1 of 2004]“committee” means a land committee established by section 64;“community” means an indigenous community of Uganda as provided for in the Third Schedule to the Constitution, or any clan or subclan of any such indigenous community communally occupying, using or managing land;“currency point” has the value assigned to it in the Schedule to this Act;“customary tenure” means a system of land tenure regulated by customary rules which are limited in their operation to a particular description or class of persons the incidents of which are described in section 3;“District Land Tribunal” means the District Land Tribunal established under section 75 of this Act;[definition of “District Land Tribunal” inserted by section 3(b) of Act 1 of 2004]“former controlling authority” means the Uganda Land Commission or a designated authority in existence before the coming into force of the Constitution;“former designated authority” means a city council, municipal council, town council or town board established in a designated urban area;“former public land” means land previously administered under the Public Lands Act, 1969, prior to the coming into force of the Land Reform Decree, 1975;“freehold land tenure” means the holding of registered land in perpetuity subject to statutory and common law qualifications the incidents of which are described in section 3;“gazetted” means published in the official gazette by either a statutory instrument or a legal notice issued by the responsible Minister;"Land Tribunal" [definition of “Land Tribunal” repealed by section 3(b) of Act 1 of 2004]“leasehold land tenure” means the holding of land for a given period from a specified date of commencement, on such terms and conditions as may be agreed upon by the lessor and lessee, the incidents of which are described in section 3, and includes a sublease;“mailo land tenure” means the holding of registered land in perpetuity and having roots in the allotment of land pursuant to the 1900 Uganda Agreement and subject to statutory qualifications, the incidents of which are described in section 3;“mediator” has the meaning assigned to it in section 89;“Minister” means the Minister responsible for lands;“public works” means the construction of railways, roads, canals or airfields; the placing of telegraph lines and electric lines, and the erection of supports for those lines; the laying of sewer and water pipes; the construction of drains; the prospecting, exploration, mining and extraction of petroleum resources; the construction of dams and hydropower plants; the establishment of meteorological and water quality stations; the construction of water and sewerage treatment plants, storage reservoirs and pumping stations; and any other works, construction of public buildings and other public institutions, declared by statutory instrument to be public works, the construction of buildings for public use, such as hospitals and universities, for the purposes of section 73; and any other works ancillary or incidental to the foregoing;[definition of “public works” amended by section 3(c) of Act 1 of 2004]“recorder” means the recorder established by section 68;“Register Book” means the book kept by the Commissioner in accordance with the Registration of Titles Act;“registered owner” means the owner of registered land registered in accordance with the Registration of Titles Act;“registrable interest” means an interest registrable under the Registration of Titles Act, namely, mailo, freehold, leasehold and subleasehold, but includes a certificate of customary tenure and a certificate of occupancy;"registrar" [definition of “registrar” repealed by section 3(d) of Act 1 of 2004]“road” means a road reserve as defined in the Roads Act;“tenant by occupancy” means the lawful or bona fide occupant declared to be a tenant by occupancy by section 31;“third party right” means a right, interest, privilege or liberty which a person has or possesses, either indefinitely or for life or for a lesser period under customary law, common law or equity to use or occupy for a specific purpose or for a specific period all or part of the land of a landowner or to prevent a landowner from exercising any right, interest, privilege or liberty in, on, under or over his or her land, and includes but is not limited to, an easement, a profit a prendre, a usufructuary right, a restrictive covenant, a right arising out of a share-cropping agreement, a right of a person as a member of a group to go on to and to gather and use the fruits of communally owned land or a right to use land which a spouse may acquire by virtue of marriage, but does not include a lease or sub-lease;[definition of “third party right” inserted by section 3(e) of Act 1 of 2004]“urban area” means an area gazetted as an urban area by the Minister responsible for urban affairs.[definition of “urban area” substituted by section 3(f) of Act 1 of 2004]Part II – Land holding
2. Land ownership
Subject to article 237 of the Constitution, all land in Uganda shall vest in the citizens of Uganda and shall be owned in accordance with the following land tenure systems—3. Incidents of forms of tenure
4. Certificate of customary ownership
5. Functions of committee on application for certificate of customary ownership
6. Procedures for application for certificate of customary ownership
7. Functions and procedure of board on application for certificate of customary ownership
8. Incidents of certificate of customary ownership
9. Conversion of customary tenure to freehold tenure
10. Application for grant of land in freehold
11. Functions of the committee on application for freehold tenure
12. Procedures for application for freehold tenure
13. Functions of board on application for freehold tenure
14. Duties of Commissioner in respect of applications under sections 9 and 10
15. Communal land associations
16. Meeting to form association and elect a managing committee
17. Constitution of an association
18. Incorporation of officers as managing committee
19. Powers of managing committee
20. Disputes
21. Dissolution and decertification of an association
22. Individual holding of land created out of communal land
23. Establishment of areas of common land use in communally-owned land
24. Management of areas of common land use
25. Content of common land management scheme
26. Basic rights and duties of members of the community using common land
27. Rights of women, children and persons with a disability regarding customary land
Any decision taken in respect of land held under customary tenure, whether in respect of land held individually or communally, shall be in accordance with the customs, traditions and practices of the community concerned, except that a decision which denies women or children or persons with a disability access to ownership, occupation or use of any land or imposes conditions which violate articles 33, 34 and 35 of the Constitution on any ownership, occupation or use of any land shall be null and void.28. Conversion of leasehold into freehold
29. Meaning of “lawful occupant” and “bona fide occupant”
30. Mediator to assist persons not qualified to be bona fide occupants
31. Tenant by occupancy
32. Jurisdiction of District Land Tribunal in respect of nonpayment of ground rent
33. Certificate of occupancy
34. Transactions with the tenancy by occupancy
35. Option to purchase
36. Mutual agreement between tenant by occupancy and registered owner
37. Abandonment and termination of occupancy
38. ***
[section 38 repealed by section 18 of Act 1 of 2004]38A. Security of occupancy
39. Restrictions on transfer of family land
40. Acquisition of land by a noncitizen
41. Land Fund
Part III – Control of land use
42. Acquisition of land by the Government
The Government or a local government may acquire land in accordance with articles 26 and 237(2) of the Constitution.43. Utilisation of land according to various laws
A person who owns or occupies land shall manage and utilise the land in accordance with the Forests Act, the Mining Act, the National Environment Act, the Water Act, the Uganda Wildlife Act and any other law.44. Control of environmentally sensitive areas
45. Land use planning and zoning
Any use of the land shall conform to the provisions of the Town and Country Planning Act and any other law.Part IV – Land management
Uganda Land Commission
46. Establishment of the commission
47. Membership of the commission
48. Tenure of office
49. Functions of the commission
The functions of the commission shall be to—50. Secretary and other officers of the commission
51. Meetings of the commission
52. Authentication of common seal, etc.
53. Powers of the commission
For the purpose of performing its functions under the Constitution and this Act, the commission may—54. Salaries and expenses of the commission
55. Commission to conform to Government policy
District land boards
56. Establishment of district land boards
57. Membership of a board
58. Tenure of office of members of a board
59. Functions of a board
60. Powers of a board
61. Secretary to a board, etc.
62. Meetings of a board
63. Expenses of a board, remuneration of members and audit
Land Committees
64. Establishment of Land Committees
65. Qualification for appointment as member of a committee
66. Remuneration of members of committees
67. Meetings of the committee
68. Recorder
General powers of disposal and rights
69. General powers of disposal
Subject to this Act, the commission or a board shall have power to grant estates and create rights or interests in land and to manage, dispose of and otherwise deal with the estate or interest in relation to land vested in it.70. Water rights
71. Rights of way
All land, whether alienated or unalienated, shall be subject to all existing public rights of way which shall be reserved to and vested in the Government on behalf of the public; and all such rights of way shall be maintained by the public uninterrupted unless they are terminated or altered by the direction of the Minister in writing.72. Rights of officials to encamp
73. Execution of public works
Part V – District Land Tribunal
District Land Tribunal
74. District Land Tribunal
75. Tenure of office of members of District Land Tribunals
76. Jurisdiction of District Land Tribunals
76A. Modification of Cap. 8
77. Computation of compensation
78. Rules of procedure
79. Assistant Commissioner of District Land Tribunal
79A. Registration of District Land Tribunals
79B. Management of administrative affairs of District Land Tribunal
79C. Existing Officers
79D. Supervisory powers over District Land Tribunals
Subcounty and urban land tribunals, etc.
80. ***
[section 80 repealed by section 35 of Act 1 of 2004]81. ***
[section 81 repealed by section 35 of Act 1 of 2004]82. ***
[section 82 repealed by section 35 of Act 1 of 2004]83. ***
[section 83 repealed by section 35 of Act 1 of 2004]84. ***
[section 84 repealed by section 35 of Act 1 of 2004]85. ***
[section 85 repealed by section 35 of Act 1 of 2004]86. ***
[section 86 repealed by section 35 of Act 1 of 2004]87. Right of appeal
88. Customary dispute settlement and mediation
89. Functions of the mediator
Part VI – Miscellaneous
90. Disposal of fees, etc.
91. Special powers of Commissioner
92. Offences and penalties
93. Regulations
94. Power of Minister to amend Schedule
The Minister may, with the approval of the Cabinet, by statutory instrument, amend the Schedule to this Act.95. Transitional provisions
96. Saving
Notwithstanding the repeal of the Public Lands Act, 1969, any regulations saved under that Act shall continue in force until revoked by regulations made under this Act.History of this document
31 December 2023
Consolidation
Read this version
28 July 2023
12 February 2010
Amended by
Land (Amendment) Act, 2010
Read this version
18 March 2004 this version
Amended by
Land (Amendment) Act, 2004
02 July 2000
Amended by
Land (Amendment) Act, 2001
Read this version
01 July 2000
Consolidation
Read this version
02 July 1998
Commenced
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