CHAPTER 227

THE LAND ACT.

Amended by the Land (Amendment) Act 2001, The Land

(Amendment) Act 2004, The Land (Amendment) Act 2010

Arrangement of Sections.

Section

PART I—INTERPRETATION.

1. Interpretation.

PART II—LAND HOLDING.

2. Land ownership.
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 registrar 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.
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 land tribunal in respect of non-payment 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. Registrable interest.
39. Restrictions on transfer of land by family members.
40. Acquisition of land by a noncitizen.
41. Land Fund.

PART III—CONTROL OF LAND USE.

42. Acquisition of land by the Government.

43. Utilisation of land according to various laws.
44. Control of environmentally sensitive areas.
45. Land use planning and zoning.
 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.
50. Secretary and other officers of the commission.
51. Meetings of the commission.
52. Authentication of common seal, etc.
53. Powers of the commission.
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.

70. Water rights.
71. Rights of way.
72. Rights of officials to encamp.
73. Execution of public works.

PART V—LAND TRIBUNALS.

District land tribunals.

74. District land tribunals.

75. Tenure of office of members of district land tribunals.
76. Jurisdiction of district land tribunals.
77. Computation of compensation.
78. Rules of procedure.
79. Secretary of land tribunal.

Subcounty and urban land tribunals, etc.

80. Subcounty land tribunals.

81. Land tribunals in urban areas.
82. Appointment of subcounty and urban land tribunals.
83. Tenure of office of members of a land tribunal.
84. Jurisdiction of subcounty and urban land tribunals.
85. Rules of procedure of a land tribunal.
86. Remuneration of members of subcounty and urban land
tribunals.
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 registrar.
92. Offences and penalties.
93. Regulations.
94. Power of Minister to amend Schedule.
95. Transitional provisions.
 96. Saving.

Schedule

Schedule Currency point.

CHAPTER 227

THE LAND ACT.

Commencement: 2 July, 1998.

An Act to provide for the tenure, ownership and management of land;

to amend and consolidate the law relating to tenure, ownership and
management of land; and to provide for other related or incidental
matters.

PART I—INTERPRETATION.

1. Interpretation.

In this Act, unless the context otherwise requires—

(a) “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;
(b) “association” means a communal land association established by
section 15;
(c) “authorised undertaker” means a person or authority authorised
or required by law to execute public works;
(d) “board” means a district land board established by article 240 of
the Constitution and referred to in section 56;
(e) “bona fide occupant” and “lawful occupant” have the meanings
assigned to them in section 29;
(f) “certificate of customary ownership” means a certificate issued
under section 4;
(g) “certificate of occupancy” means a certificate issued under
section 33;
(h) “Commission” means the Uganda Land Commission
established by article 238 of the Constitution and referred to in
section 46;
(i) “Commissioner” means the Commissioner of Land Inserted by the
Registration and includes Assistant Commissioner, Land
Principal Registrar of Titles, Senior Registrar of Titles, (Amendment)
Registrar of Titles, or District Registrar of Titles so Act, 2004,
appointed to the extent that he or she has been authorised to deemed to have
exercise or perform any power or duty conferred or imposed come into force
by this Act upon the Commissioner on 18th March
(j) “committee” means a land committee established by section 64; 2004.
(k) “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;
(l) “currency point” has the value assigned to it in the Schedule to
this Act;
(m) “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;
(n) “district land tribunal” means the District Land Tribunal Inserted by the
established under section 75 of this Act; Land
(o) “former controlling authority” means the Uganda Land (Amendment)
Commission or a designated authority in existence before the Act, 2004,
coming into force of the Constitution; deemed to
(p) “former designated authority” means a city council, municipal have come into
council, town council or town board established in a designated force on 18th
urban area; March 2004.
(q) “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;
(r) “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;
(s) “gazetted” means published in the official gazette by either a
statutory instrument or a legal notice issued by the responsible
Minister; Repealed by the
(t) Repealed Land
(Amendment)
(u) “leasehold land tenure” means the holding of land for a given
Act, 2004,
period from a specified date of commencement, on such terms
deemed to have
come into force
on 18th March
2004.
 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;
(v) “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;
(w) “mediator” has the meaning assigned to it in section 89;
(x) “Minister” means the Minister responsible for lands;
(y) “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;
(z) “recorder” means the recorder established by section 68;
(aa) “Register Book” means the book kept by the registrar in
accordance with the Registration of Titles Act;
(bb) “registered owner” means the owner of registered land
registered in accordance with the Registration of Titles Act;
(cc) “registrable interest” means an interest registrable under the
Registration of Titles Act, namely, mailo, freehold, leasehold Repealed by the
and sub-leasehold, but includes a certificate of customary tenure Land
and a certificate of occupancy; (Amendment)
(dd) Repealed Act, 2004,
deemed to have
(ee) “road” means a road reserve as defined in the Roads Act;
come into force
(ff) “tenant by occupancy” means the lawful or bona fide occupant
on 18th March
declared to be a tenant by occupancy by section 31;
2004.
(gg) “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 Inserted by the
law or equity to use or occupy for a specific purpose or for a Land
specific period all or part of the land of a landowner or to (Amendment)
prevent a landowner from exercising any right, interest, Act, 2004,
privilege or liberty in, on, under or over his or her land, and deemed to have
includes but is not limited to, an easement, a profit a come into force
prendre, a usufructuary right, a restrictive covenant, a right on 18th March
arising out of a share-cropping agreement, a right of a 2004.
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; Substituted by the
(hh) “urban area” means a gazetted urban area by the Minister Land (Amendment)
responsible for urban affairs. Act, 2004, deemed
to have come into
PART II—LAND HOLDING. force on 18th March
2004.
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— (a) customary;
(b) freehold;
(c) mailo;
and (d) leasehold.

3. Incidents of forms of tenure.

(1) Customary tenure is a form of tenure—

(a) applicable to a specific area of land and a specific description or
class of persons;
(b) subject to section 27, governed by rules generally accepted as
binding and authoritative by the class of persons to which it
applies;
(c) applicable to any persons acquiring land in that area in
accordance with those rules;
(d) subject to section 27, characterised by local customary
regulation;
 (e) applying local customary regulation and management to
individual and household ownership, use and occupation of, and
transactions in, land;
(f) providing for communal ownership and use of land;
(g) in which parcels of land may be recognised as subdivisions
belonging to a person, a family or a traditional institution; and
(h) which is owned in perpetuity.

(2) Freehold tenure is a form of tenure deriving its legality from the
Constitution and its incidents from the written law which—
(a) involves the holding of registered land in perpetuity or for a
period less than perpetuity which may be fixed by a condition;
(b) enables the holder to exercise, subject to the law, full powers
of ownership of land, including but not necessarily limited to—
(i) using and developing the land for any lawful purpose;
(ii) taking and using any and all produce from the land;
(iii) entering into any transaction in connection with the
land, including but not limited to selling, leasing, mortgaging or
pledging, subdividing creating rights and interests for other
people in the land and creating trusts of the land; Inserted by the
(iv) Disposing of the land to any person either as a gift Land
inter vivos or by will. (Amendment)
Act, 2004,
(3) For the avoidance of doubt, a freehold title may be created deemed to have
which is subject to conditions, restrictions or limitations which may come into force
be positive or negative in their application, applicable to any of the on 18th March
incidents of the tenure. 2004.

(4) Mailo tenure is a form of tenure deriving its legality from the
Constitution and its incidents from the written law which-
(a) involves the holding of registered land in
perpetuity;
(b) permits the separation of ownership of land from the
ownership of developments on land made by a lawful
or bona fide occupant; and
(c) enables the holder, subject to the customary and
statutory rights of those persons lawful or bona fide
in occupation of the land at the time that the tenure
 was created and their successors in title, to exercise
all the powers of ownership of the owner of land held
of a freehold title set out in subsections (2) and (3)
and subject to the same possibility of conditions,
restrictions and limitations, positive or negative in
their application, as are referred to in those
subsections.

(5) Leasehold tenure is a form of tenure—

(a) created either by contract or by operation of law;
(b) the terms and conditions of which may be regulated by law to
the exclusion of any contractual agreement reached between the
parties;
(c) under which one person, namely the landlord or lessor, grants or
is deemed to have granted another person, namely the tenant or
lessee, exclusive possession of land usually but not necessarily
for a period defined, directly or indirectly, by reference to a
specific date of commencement and a specific date of ending; Inserted by the
(d) usually but not necessarily in return for a rent which may be Land
for a capital sum known as a premium or for both a rent and (Amendment)
a premium but may be in return for goods or services or both Act, 2004,
or may be free of any required return; deemed to
(e) under which both the landlord and the tenant may, subject to the have come
terms and conditions of the lease and having due regard for the into force on
interests of the other party, exercise such of the powers of a 18th March
freehold owner as are appropriate and possible given the specific 2004.
nature of a leasehold tenure.

4. Certificate of customary ownership.

(1) Any person, family or community holding land

under customary tenure on former public land may acquire a
certificate of customary ownership in respect of that land in
accordance with this Act.
Inserted by the
(2) A certificate for customary ownership shall be in
Land
the prescribed form.
(Amendment)
Act, 2004,
deemed to have
come into force
on 18th March
2004.
 (3) An application for a certificate of customary
ownership shall be in the prescribed form and shall be
submitted, together with the prescribed fee, to the committee
of the area in which the land the subject of the application is
situated.

5. Functions of committee on application for certificate of

customary ownership.

(1) On receipt of an application for a certificate of customary

ownership, the committee shall—
(a) determine, verify and mark the boundaries of all interests in the
land which is the subject of the application;
(b) demarcate rights of way and other easements over the land the
subject of the application and any adjacent land which benefit or
burden or are reputed to benefit or burden any such land or
which it considers will be necessary for the more beneficial
occupation of any such land in respect of which an application
may be granted or any adjacent land;
(c) adjudicate upon and decide in accordance with and applying
customary law any question or matter concerning the land
referred to it by any person with an interest in land which is the
subject of an application or any land adjacent to it, including the
question of whether the customary law applicable to the land the
subject of the application recognises individual rights to the
occupation and use of land and, if so, subject to what conditions
and limitations;
(d) record that if any person has, or two or more persons have,
exercised rights under customary law over the land the subject
of the application that should be recognised as ownership of that
land, that person or those persons, as the case may be, shall,
prima facie, be entitled to be issued with a certificate of
customary ownership and in the case of two or more persons, the
shares of each person and the nature of their ownership;
(e) if any persons have exercised any right over the land or any part
of it or are entitled to any interest in the land or part of it not
amounting to ownership, including any lease, right of
occupation or use, charge, pledge or other encumbrance whether
 by virtue of customary law or otherwise, hereafter in this Act
referred to as a third party right, record the nature, incidents and
extent of that
third party right and the persons entitled to the benefit of it;
(f) advise the board upon any question of customary law;
(g) safeguard the interests and rights in the land which is the subject
of the application of women, absent persons, minors and persons
with or under a disability;
(h) take account of any interest in land in respect of which, for any
reason, no claim has been made;
(i) exercise such other functions as may be prescribed.

(2) The committee shall, in the exercise of any of its powers under this
section which involve a hearing, comply with the rules of natural justice
and, subject to that duty, may—
(a) hear evidence which would otherwise not be admissible in a
court of law;
(b) call evidence of its own motion;
(c) use evidence contained in any official record or adduced in any
other claim;
(d) refer any matters to any customary institution habitually Amended by
accepted within the area as an institution with functions over the Land
land for its advice and, where relevant, use, with or without (Amendment)
adaptations and additions, customary procedures relating to Act, 2004,
the settlement of disputes over land recognised and in deemed to have
general use within the community where the land is situated; come into force
and on 18th March
(e) generally, determine its own procedures. 2004.

(3) In order to discharge the functions referred to in subsection (1), the

chairperson of a committee shall have power to administer oaths and to
issue summonses, notices and orders requiring the attendance of such
persons and the production of such documents as he or she may consider
necessary for carrying out the functions of the committee.

6. Procedures for application for certificate of customary

ownership.
 (1) The chairperson of a committee shall be responsible
for ensuring that the procedures to be followed by the committee
as set out in this section and any other procedures that may be
prescribed are complied with.

(2) Where an application has been submitted to the Amended by the

committee, a notice in the prescribed form shall be published Land
and posted in a prominent place in the area and on the land (Amendment) Act,
which is the subject of the application— 2004, deemed to
(a) specifying the location and approximate area of the land; have come into
(b) requiring all persons who claim any interest in the land or force on 18th
in any adjacent land which may be affected by the application, March 2004.
including in respect of any adjacent land claims as to the
boundaries of that land, to attend a meeting of the committee at
a specified time and put forward their claims; and the time
specified shall be not less than two weeks from the date on which
the notice is published and posted as required by this subsection.

(3) On the date specified under subsection (2), the

committee shall hear and determine all claims made under that
subsection.
Amended by
(4) The committee may adjourn any hearing into any the Land
claim and request an officer from the district land office, any (Amendment)
other person or a group of persons recognised within the area Act, 2004,
as having knowledge about the land and its incidents of deemed to have
tenure to conduct further investigations into that claim. come into force
on 18th March
(5) In hearing and determining any claim, the committee 2004.
shall use its best endeavours to mediate between and reconcile
parties having conflicting claims to the land.

(6) The committee shall—

(a) prepare a report on the application, recording all claims to
interests and rights in the land or to the occupation and use of
the land and its opinion on whether those claims have been
proved to exist, setting out its findings and recommendations
with reasons on the application, including in all cases whether
 the application should be approved with or without conditions,
restrictions or limitations endorsed on the certificate and
forming part of the incidents of customary ownership evidenced
by the certificate or refused, and all claims made in relation to
the application;
(b) give or send a copy of the report to the applicant; Inserted by the
(c) submit the report to the board; Land
(d) make a copy of the report available within the area for (Amendment)
inspection by all persons who submitted claims to or who Act, 2004,
were heard by the committee. deemed to have
come into force
7. Functions and procedure of board on application for certificate on 18th March
of customary ownership. 2004.

(1) The board shall, upon receipt of the report and recommendations
of the committee referred to in section 6(6), consider the application in the
light of that report and those recommendations and may—
Amended by the
(a) confirm the recommendations of the committee and where
Land
those recommendations are to issue a certificate of
(Amendment)
customary ownership with or without conditions,
Act, 2004,
restrictions or limitations, approve the issue of a certificate
deemed to have
of customary ownership accordingly and where the
come into force
recommendations are to refuse to issue a certificate of
on 18th March
customary ownership, confirm that refusal;
2004.
(b) where the recommendation of the committee is to approve
the issue of a certificate subject to conditions, restrictions or
limitations, vary the recommendation of the committee and
issue a certificate of customary ownership, with or without
conditions, restrictions or limitations in accordance with any
such variations as it may make;
(c) return the report to the committee with directions as to what
action, including further investigations or hearings, the
committee is to undertake on the application; or
Inserted by the
(d) reject the report of the committee and where the
Land
recommendation of the committee is to issue a certificate,
(Amendment)
refuse the issue of a certificate and where the
Act, 2004,
recommendation of the committee is to refuse the issue of a
deemed to have
certificate, approve the issue of a certificate.
come into force
on 18th March
2004.
 (2) Where the board rejects or varies a recommendation
of the committee, it shall give reasons for its decision.

(3) Where the committee has recorded under section

5(1)(e) that a person is entitled to the benefit of a third party
right, a certificate of customary ownership may only be
issued subject to that third party right, a record of which
shall be endorsed on the certificate.

(4) The Board shall communicate its decision in writing

to the recorder.
Amended by the
(5) Where the Board approves the issue of a Land
certificate of customary ownership with or without (Amendment) Act,
conditions, restrictions or limitations, the recorder shall issue 2004, deemed to
the applicant with a certificate in terms of the decision of the have come into
Board. force on 18th
March 2004.
(6) Any person aggrieved by a decision of the board
under this section may appeal to the land tribunal against that
decision; and the land tribunal may confirm, vary, reverse or
modify the decision of the board and make such other order in
respect of that decision or as it is empowered to make by this Act.

8. Incidents of certificate of customary ownership.

(1) A certificate of customary ownership shall be taken

to confirm and is conclusive evidence of the customary rights and
interests specified in it, and the land to which the certificate refers
shall continue to be occupied, used, regulated and any
transactions in respect of the land undertaken and any third party
rights over the land exercised in accordance with customary law.

(2) A certificate of customary ownership shall confer on

the holder of the certificate the right of the holder to undertake,
subject to the conditions, restrictions and limitations contained in
the certificate and subject to subsection (1), any transactions in
respect of that land which may include, but shall not be limited
to—
(a) leasing the land or a part of it;
(b) permitting a person usufructuary rights over the land or a part of
it for a limited period which may include a period for the life of
the person granting or the person granted the usufructuary right;
(c) mortgaging or pledging the land or a part of it, where a certificate
of customary ownership does not restrict it;
(d) subdividing the land or a part of it, where a certificate of
customary ownership does not restrict it;
(e) creating, or with the consent of the person entitled to the benefit,
altering or discharging any easement, right in the nature of an
easement or third party right applicable to the land or a part of
it;
(f) selling the land or a part of it, where a customary certificate of
customary ownership does not restrict it;
(g) transferring the land or a part of it to any other person in response
to an order of a court or a land tribunal; Amended by the
(h) disposing of the land either as a gift inter vivos or by will. Land
(Amendment)
(3) The holder of a certificate of customary ownership Act, 2004,
who undertakes any transaction in respect of the land to which deemed to have
the certificate relates shall provide the recorder with a copy or come into force
other accurate record of the transaction, and the recorder shall on 18th March
keep all such records in the prescribed manner. 2004.

(4) No transaction referred to in subsection (3)(a), (c) or

(f) shall have the effect of passing any interest in the land to
which the transaction relates unless it is registered by the recorder
under subsection (3).

(5) For the avoidance of doubt, where a mortgage of land

to which this section applies has been made under the Mortgage
Act, the mortgagee has the power to sell and execute a transfer of
that land to a purchaser in case of default by the mortgagor.

(6) In this section, “usufructuary right” means the right

to use and derive profit from a piece of property belonging to
another while the property itself remains undiminished and
uninjured in any way.
 (7) A certificate of customary ownership shall be
recognised by financial institutions, bodies and authorities as a
valid certificate for purposes of evidence of title.

9. Conversion of customary tenure to freehold tenure.

(1) Any person, family, community or association

holding land under customary tenure on former public land may
convert the customary tenure into freehold tenure in accordance
with this Act.

(2) The decision of the board approving the conversion

to freehold tenure shall be in the prescribed form.
Amended by the
(3) An application for conversion from customary Land (Amendment)
tenure to freehold tenure shall be in the prescribed form and Act, 2004, deemed
shall be submitted, together with the prescribed fee, to the to have come into
committee of the area in which the land the subject of the force on 18th March
application is situated. 2004.

(4) On receipt of the report and recommendations of the

committee, the board shall cause the land in respect of which the
application is made to be surveyed before approving the
application.

(5) When the board approves an application for

conversion, the board may attach conditions to the conversion.

(6) Any party aggrieved by the decision of the board

may appeal to the land tribunal; and the tribunal may confirm,
reverse, vary or modify the decision and make such orders as it
is empowered to make by this Act.

10. Application for grant of land in freehold.

(1) A person who wishes to be granted a freehold shall

apply in the prescribed form to the board.
 (2) The application referred to in subsection (1) shall be
lodged with the committee.

11. Functions of the committee on application for freehold tenure.

(1) Upon receipt of an application made under section 9

or 10, the committee shall, subject to this section, exercise in
respect of the application all its functions under section 5.

(2) The committee shall when exercising the functions

set out in section 5(1)(c) consider or take into account the
question whether the customary law applicable to the land the
subject of an application to which this section applies recognises
or provides for individual ownership of land.

(3) In respect of an application made under section 9, the

committee shall, when exercising the functions set out in section
5(1)(d) record whether the person or persons referred to in that
paragraph are prima facie entitled to have their customary tenure
converted to freehold tenure and in any case where two or more
persons are prima facie entitled to convert their customary tenure
to freehold tenure shall record whether they own or are entitled
jointly or in common and in the latter case, the share of each.

(4) Any person who holds a certificate of customary

ownership shall be exempted in respect of that land from the
verification described by section 5.

12. Procedures for application for freehold tenure.

(1) The committee shall, subject to this section, in

respect of an application made under section 9 or 10, comply with
all the procedures set out in section 6.

(2) Where the applicant is in possession of a certificate

of customary ownership—
(a) Section 6(2)(b), (3), (4), (5) shall not apply to the application;
(b) the committee may, when preparing a report on the application
to which section 9 applies, make use of any report prepared
 under section 6(6)(a) but shall, in so doing, have regard to
section 11 and whether, in the circumstances of the application,
there are any new or additional matters not dealt with in the
report submitted under section 6 that should be brought to the
attention of the board.

13. Functions of board on application for freehold tenure.

(1) The board shall, upon receipt of the report and recommendations
of the committee referred to in section 12(2)(b), consider the application in
the light of that report and those recommendations and, subject to section
12(1), may—
(a) confirm the recommendations of the committee and where those
recommendations are to approve the application, with or without
conditions and restrictions, confirm that approval and refer the
approval to the registrar of titles to issue the applicant with a
certificate of title or, as the case may be, a limited certificate
under the Registration of Titles Act and where the
recommendations are to refuse the application, confirm that
refusal;
(b) where the recommendation of the committee is to approve the
application, subject to conditions, restrictions and limitations,
vary the recommendation of the committee and approve the
application, with or without conditions, restrictions and
limitations in accordance with any such variations as it may
make;
(c) return the report to the committee with directions as to what
action, including any further investigations or hearings, the
committee is to undertake on the application; or
(d) reject the report of the committee and where the
recommendation of the committee is to approve the application,
refuse to approve the application and where the recommendation
of the committee is to refuse the application, approve the
application; and where the application is rejected, the board shall
give reasons as to why the application was rejected.

(2) Where the committee reports, under section 12(2)(b)

that a person is entitled to the benefit of a third party right, the
board shall, if it accepts the report of the committee on the matter,
 and after taking into account the advice of the district land office,
determine the nature of the third party right.

(3) Before approving the report and recommendations

under subsection (1)(a) or (b), the board shall cause the land in
respect of which the application is made to be surveyed.

(4) The board may, where it has determined that any

person is entitled to the benefit of a third party right in land which
is subject to an application for conversion to freehold tenure,
determine that any freehold title of such land shall be subject to
such restrictions, conditions and limitations as it considers
desirable in the interests of efficiency and equity in land
management or as will enable full effect to be given to those third
party rights.

(5) In respect of an application to which section 10

applies, the board shall charge a fee for the freehold title which
shall be prescribed and any such charge at the fair market
valuation shall be set by the board at the level determined by the
chief government valuer, and any fee may be paid in one lump
sum or in installments as the board may determine.

(6) Where the board approves an application, it shall—

(a) send a copy of its decision to the registrar to enable the registrar
to issue a certificate;
(b) request the registrar to issue a certificate of freehold title to the
applicant in terms of its decision, including endorsing on the title
as an encumbrance any restriction, condition or limitation as is
referred to in subsection (4).

(7) Any person aggrieved by a decision or determination of the board

under this section may appeal to the land tribunal against that decision; and
the land tribunal may confirm, vary, reverse or modify the decision or
determination of the board and make such other order in respect of that
decision or determination as it is empowered to make by this Act.

14. Duties of registrar in respect of applications under sections 9 and

10.
 (1) On receipt of a decision of the board approving an
application for the conversion of customary tenure to freehold
tenure or approving a grant of land in freehold tenure
accompanied by a certified survey plan, the registrar shall issue a
freehold certificate of title to the applicant.

(2) The registrar may, in accordance with section 39 Amended by the

of the Registration of Titles Act, on the advice of the Land
commissioner responsible for surveys, issue to the applicant (Amendment)
a certificate of title endorsed with the words “Limited as to Act, 2004,
Parcels”. deemed to have
come into force
(3) Where the decision of the board includes a request on 18th March
under section 13(6)(b) that the registrar shall endorse the 2004.
certificate of title with an encumbrance so as to give effect to a
restriction, condition or limitation on the freehold title, the
registrar shall give effect to that request.

15. Communal land associations.

(1) A communal land association may be formed by any

group of persons in accordance with this Act for any purpose
connected with communal ownership and management of land,
whether under customary law or otherwise.

(2) Within each district, the district registrar of titles

shall perform such functions relating to communal land
associations as are conferred on that officer by this Act or as may
be prescribed.

(3) The district registrar of titles shall keep a public

register of associations in the prescribed form and shall exercise
a broad and general supervision over the administration of the
associations within his or her district in order to ensure that they
comply with their constitutions and manage the communal land
under their control with due regard to the interests of the members
of the association; and without limiting the generality of that
function, he or she may, at any time that he or she considers it
necessary for the proper performance of his or her functions or
 that it is in the public interest so to do, give directions to any
officer of an association as to the proper performance of his or
her duties, and that officer shall be under a duty to comply with
any such order.

16. Meeting to form association and elect a managing committee.

(1) A group of persons who wish to form themselves into

an association may apply to the district registrar of titles to
become an association under the Act.

(2) The district registrar of titles shall, on receipt of an

application, convene a meeting of the group of persons.

(3) A notice to convene a meeting shall—

(a) state the place where and the time, being not less than twenty-
one days from the date of the notice, at which the meeting is to
be held;
(b) be drawn to the attention of all members of the group of persons
in such manner that they will understand its nature and purpose.

(4) A meeting of a group of persons convened under this

section shall—
(a) determine whether to incorporate themselves into an
association;
(b) where not less than 60 percent of the group determine so to
incorporate themselves, elect not more than nine nor less than
three persons, of whom not less than one-third shall be women,
to be the officers of the association.

(5) The district registrar of titles or an authorised officer shall

preside at the meeting convened under this section.

17. Constitution of an association.

(1) The officers elected under section 16 shall be

responsible for preparing a constitution for the association.
 (2) The district registrar of titles shall assist the officers
in preparing a constitution for the association and may provide
the officers with a model constitution containing such matters as
may be prescribed.

(3) A constitution prepared by the officers shall be

submitted to the district registrar of titles for his or her
certification that it complies with such matters as may have been
prescribed or where no matter has been prescribed, that it
provides for a transparent and democratic process of management
of the affairs of the association.

(4) Where the district registrar of titles is of the opinion

that the constitution does not comply with subsection (3), he or
she shall, within not more than thirty days from the receipt of that
constitution, return it to the officers with a statement of reasons
as to why he or she has rejected it.

(5) A constitution which has been rejected under

subsection (4) may be revised and resubmitted for certification.

(6) A constitution which has been certified as complying

with subsection (3) shall be put before and voted on by a meeting
of the members of the association specifically convened for that
purpose.

(7) A constitution shall be the approved constitution of

the association when and only when it is approved by an absolute
majority of all the members of that association at the meeting
referred to in subsection (6).

(8) An approved constitution shall be binding on all

members of the association.

18. Incorporation of officers as managing committee.

(1) The officers of an association which has voted to

approve a certified constitution shall apply to the district registrar
of titles on the prescribed form to be incorporated under this Act.
 (2) On receiving an application under subsection (1), the
district registrar of titles shall, if he or she is satisfied that the
requirements of this Act and any regulations made under this Act
have been complied with, issue a certificate of incorporation of
the officers of the association in the prescribed form, subject to
such conditions and limitations as may be prescribed.

(3) Upon the issue of a certificate of incorporation, the

persons named in it as the officers shall become a body corporate
with the name specified in the certificate and shall have perpetual
succession and a common seal.

(4) Where a certificate of incorporation has been issued

subject to conditions and limitations, the officers may, with the
approval of the district registrar of titles, vary any of those
conditions or limitations.

19. Powers of managing committee.

(1) The issue of a certificate of incorporation shall,

subject to this Act, confer on the officers the powers to sue and
the liability to be sued in the corporate name of the association,
to make contracts binding on the association and all its members,
to grant mortgages, pledges or liens over any property of the
association and to dispose of any property of the association.

(2) The managing committee shall hold any land and

other property which it holds as such and exercise its powers as
such for and on behalf of all members of the association on any
exercise of its functions.

(3) Where land is held on a certificate of customary

ownership or a freehold or leasehold title by the managing
committee on behalf of an association, no transactions of any
kind in respect of the land or any part of the land shall be entered
into or undertaken or concluded by the managing committee
unless a majority convened for the purpose approve the specific
transactions which are the subject of the meeting, and any
transaction which is concluded which does not comply with this
 subsection shall be null and void and shall give rise to no rights
or interest in the land.

20. Disputes.

(1) If a dispute arises within an association, the district registrar of

titles may of his or her own motion or on a request in writing by not less
than one-tenth of the membership of that association—
(a) undertake an inquiry into the activities of the association and the
matters which have caused or contributed to the dispute;
(b) refer the dispute to the board or such other person as he or she
considers suitable to act as a conciliator to mediate the dispute
between the members;
(c) propose amendments to the constitution or the rules of the
association to avoid similar disputes in the future;
(d) take such other action as he or she shall consider appropriate in
the circumstances, including action under this section.

(2) Where the district registrar of titles has intervened in a dispute

within an association under this section, all members of that association
shall comply with any directions given by that officer in connection with
the resolution of that dispute and shall cooperate with any person appointed
by that officer to assist in resolving the dispute.

21. Dissolution and decertification of an association.

(1) The managing committee may apply to the district

registrar of titles for dissolution of the association.

(2) An application under subsection (1) shall be made in

the prescribed form and shall be— (a) signed by the officers;
(b) accompanied by the duly and properly signed minutes of the
meeting of the members of the association specifically convened
for the purpose at which a resolution to support the dissolution
of the association was approved by a majority of all members of
the association; and
(c) delivered or sent to the district registrar of titles within fourteen
days of the date on which the resolution was approved.
 (3) The district registrar of titles may, if he or she thinks
fit, consent to the dissolution applied for; but the consent shall
not affect any liability for any debts or remove any obligation to
pay any taxes, fees, dues or other sums which the officers, on
behalf of the association, owed up to the time of the dissolution,
and any action or proceedings against those officers which have
been or which may be commenced in respect of any such debts
or sums owing may be continued or commenced, as the case may
be.

(4) When an order of dissolution is consented to, the

district registrar of titles shall—
(a) give appropriate publicity to the dissolution and its effect;
(b) cancel the certificate of incorporation of the association; and
(c) give such other directions and make such other orders as are
necessary to give full effect to the dissolution and decertification
of the association.

22. Individual holding of land created out of communal land.

(1) Where an association holds land under a certificate

of customary ownership or for a freehold title on behalf of a
community, the association shall, where the customary law of the
area makes provision for it, recognise and verify that all or part
of the land so held by it is occupied and used by individuals and
families for their own purposes and benefit.

(2) For the purpose of holding land under customary

tenure, a family shall be deemed to be a legal person represented
by the head of the family.

(3) Where any individual member of or family within a

community referred to in subsection (1) or otherwise wishes to
own, in his or her or their own capacity, land which is held
communally but which, in accordance with customary law, is
made available for the occupation and use of that individual or
household, then—
 (a) if it is before the land held by an association on behalf of the
community, the individual or household may apply for a
certificate of customary ownership under section 4, or for a
freehold title under section 10, in respect of his or her or its
portion of land, and sections 5 and 6 or, as the case may be, 11
to 14 shall apply to that application;
(b) where the land communally owned is held by an association
under a certificate of customary ownership, the individual or
family may apply to the association to transfer to him, her or it,
his or her or its portion of land, and the association shall consider
the application and take a decision in the matter; and if the
association approves the application, the applicant may cause
his or her portion of the land to be demarcated and transferred
to the applicant and registered by the recorder;
(c) where the land communally owned is held by an association
under freehold title, the individual or family may apply to the
association to transfer to him, her or to it, his, her or its portion
of land, and the association shall consider the application and
take a decision in the matter; and if the association approves the
application, the applicant may cause his or her portion of the
land to be surveyed and transferred to the applicant and
registered by the registrar.

(4) Any person aggrieved by a decision of the association under this

section may appeal against the decision to the land tribunal; and the land
tribunal may confirm, vary, reverse or modify the decision of the association
and make such other order as it is empowered to make under this Act.

23. Establishment of areas of common land use in communally-

owned land.

(1) An association may, and shall, when so requested to

do so by the community on whose behalf it holds land, set aside
one or more areas of land for common use by members of the
group.

(2) The boundaries of any area of land which has been

set aside for common use shall be marked out in such a manner,
including any such manner as is customary among the persons
 who will use that land, so as to enable those persons to recognise
and keep to those boundaries.

(3) The purposes for which land may be set aside for
common use are—
(a) the grazing and watering of livestock;
(b) hunting;
(c) the gathering of wood fuel and building materials;
(d) the gathering of honey and other forest resources for food and
medicinal purposes;
(e) such other purposes as may be traditional among the community
using the land communally.

24. Management of areas of common land use.

(1) An area of land set aside for common use shall be

used and managed in accordance with the terms of a common
land management scheme.

(2) A common land management scheme shall be made

by an association, but it shall only come into effect when it is
agreed to by the community on whose behalf the association
holds land.

(3) A common land management scheme may extend to

cover the use and management of more than one area of common
land.

(4) A person who is not a member of the community

may, with the agreement of the association, which agreement
shall not be unreasonably withheld, use common land in
accordance with the terms of the common land management
scheme applicable to that land.

(5) Where a common land management scheme is made

in respect of land held by an association under freehold, all
members of the community and persons referred to in subsection
(4) shall be deemed to have the benefit and be subject to the
 burden of easements and rights in the nature of easements in
respect of their use of the common land.

(6) The board may prepare and publish a model common

land management scheme; and where a model scheme has been
published, an association shall have regard to that scheme when
it makes its own scheme.

25. Content of common land management scheme.

(1) A common land management scheme may include all or

any of the following matters as seems most appropriate to the
association—
(a) a description of the area of common land to which it
applies;
(b) where common land is to be used for the communal grazing
and watering of livestock—
(i) the numbers and type of livestock which each member of
the community may graze on the common land;
(ii) the locations within the common land where livestock may
be grazed and the times when those locations may be used
for the grazing;
(iii) the routes to and from the common land which livestock
are required to use;
(c) where the common land is to be used for hunting, the terms and
conditions on which hunting may take place, due regard being
given to the Animal Diseases Act, Cattle Grazing Act and the
Uganda Wildlife Act; and
(d) where common land is to be used for the gathering of wood fuel,
building materials and other natural resources—
(i) the amount of wood fuel, building materials and other
natural resources which any member of the community
may gather for the use of his or her homestead and his or
her family;
(ii) the terms and conditions on which wood fuel and other
natural produce may be gathered for sale;
 (e) a description of the management activities to be undertaken by
the association;
(f) general rules concerning access to and use of common land by
members of the community and by other persons;
(g) fees that may be charged to those using the common land, and
any such fees may differentiate between members of the
community and other persons using the common land with
permission of the association;
(h) the penalties that may be imposed on those violating the terms
of the scheme, including the grounds for excluding any person
from
using the common land;
(i) the duration of the scheme;
(j) the procedures for reviewing and amending the scheme;
(k) such other matters as the members of the association may think
fit to include or as may be prescribed.

(2) There shall be deemed to be included in every scheme the

basic rights and duties of the members of the community using the
common land to which that scheme applies as set out in section 26.

26. Basic rights and duties of members of the community using

common land.

(1) The basic rights and duties of the members of a community

under a common land management scheme are as follows—
(a) the right to make reasonable use of the common land, jointly
with all other members of the group, in accordance with the
terms of the scheme;
(b) the right to gather wood fuel and building materials and harvest
the resources of the common land in accordance with the terms
of the scheme;
(c) the duty to comply with and assist in the enforcement of the rules
set out in the scheme;
(d) the right to exclude non-members of the group from the common
land, other than those non-members who have been permitted to
enter and use the common land;
 (e) the duty to bear a reasonable and proportionate share of any
expenses or losses incurred in using and managing the common
land or through any natural disaster affecting the common land;
(f) the duty to support the establishment and management of a fund
for the purposes of carrying out activities on and improvements
to the common land in accordance with the terms of the scheme
and to pay into the fund any fees and penalties collected under
the scheme;
(g) the duty not to transfer any rights to occupy or use or gather the
produce of any common land to any person whether for a fee or
otherwise, except in accordance with the terms of the agreement
and the rules of the scheme;
(h) the duty to comply with any decisions of the association or any
dispute settlement body established by the association to settle
disputes arising from the management of the scheme;
(i) such other basic rights and duties as may be proposed by the
association and agreed to by the community.

(2) Any person aggrieved by a decision of an association made

in connection with the management of a scheme may appeal against that
decision to the land tribunal; and the land tribunal may confirm, vary,
reverse or modify the decision of the association and make such other order
in respect of that decision as it is empowered to make by this Act.

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.

(1) Any lease which was granted to a Ugandan citizen out of

former public land and was subsisting on the coming into force of this Act
may be converted into freehold if the board is satisfied that the following
conditions have been complied with—
(a) that the leasehold is authentic and genuine;
(b) that there were no customary tenants on the land at the time of
acquisition of the lease;
(c) that if there were any customary tenants on the land at the time
of acquisition whose tenancy was disclosed, those tenants were
duly compensated;
(d) that all development conditions and covenants have been
complied with;
(e) that any other conditions imposed by law from time to time have
been complied with; and
(f) that the conversion shall be limited to one hundred hectares and
that any area in excess of one hundred hectares shall be
converted only if the board has verified it and is satisfied that it
is desirable in the public interest that it should be converted into
freehold.

(2) Where a lease of land exceeding one hundred hectares is

converted into freehold, the owner shall pay the market value as determined
by the chief government valuer for the new interest before the conversion
becomes effective and the money paid shall become part of the Land Fund.

(3) Any sublease held under a lease converted in accordance

with subsection (1) shall be taken to be upgraded to a lease under the same
terms, conditions and covenants.

(4) Upon conversion the registrar shall endorse on the leasehold

certificate of title the words “Converted to Freehold”, cite the applicable
law and append his or her signature. Repealed by the
Land
(5) Repealed. (Amendment) Act,
2004, deemed to
(6) The registrar shall have power to ask for the production of have come into
the duplicate of the certificate of title for endorsement in accordance with force on 18th
subsection (4). March 2004.
 Repealed by
(7) The registrar shall endorse on a subleasehold deed to which the Land
subsection (3) applies the words “Converted to Leasehold”, cite the (Amendment)
applicable law and append his or her signature. Act, 2004,
deemed to have
(8) Repealed. come into force
on 18th March
(9) For the avoidance of doubt, the registrar shall issue a 2004.
certificate of title in respect of any sublease upgraded to a lease under this
section.
Repealed by the
(10) Repealed. Land
(Amendment)
(11) Any person aggrieved by the decision of the board under this Act, 2004,
section may appeal to the land tribunal against the decision; and the land deemed to have
tribunal may confirm, reverse, vary or modify the decision and make such come into force
order as it may think fit. on 18th March
2004.
29. Meaning of “lawful occupant” and “bona fide occupant”.

(1) “Lawful occupant” means—

(a) a person occupying land by virtue of the repealed—
(i) Busuulu and Envujjo Law of 1928;
(ii) Toro Landlord and Tenant Law of 1937;
(iii) Ankole Landlord and Tenant Law of 1937;
(b) a person who entered the land with the consent of the registered
owner, and includes a purchaser; or
(c) a person who had occupied land as a customary tenant but whose
tenancy was not disclosed or compensated for by the registered
owner at the time of acquiring the leasehold certificate of title.

(2) “Bona fide occupant” means a person who before the

coming into force of the Constitution—
(a) had occupied and utilised or developed any land unchallenged
by the registered owner or agent of the registered owner for
twelve years or more; or
(b) had been settled on land by the Government or an agent of the
Government, which may include a local authority.
 (3) In the case of subsection (2)(b)—
(a) the Government shall compensate the registered owner whose
land has been occupied by persons resettled by the Government
or an agent of the Government under the resettlement scheme;
(b) persons resettled on registered land may be enabled to acquire
registrable interest in the land on which they are settled; and
(c) the Government shall pay compensation to the registered owner
within five years after the coming into force of this Act.

(4) For the avoidance of doubt, a person on land on the basis of

a licence from the registered owner shall not be taken to be a lawful or bona
fide occupant under this section.

(5) Any person who has purchased or otherwise acquired the

interest of the person qualified to be a bona fide occupant under this section
shall be taken to be a bona fide occupant for the purposes of this Act.

30. Mediator to assist persons not qualified to be bona fide

occupants.

(1) Where a person has occupied and utilised or developed any

land unchallenged by the registered owner of the land or agent of the
registered owner for less than twelve years and therefore does not qualify
to be a bona fide occupant under section 29, that person shall take all
reasonable steps to seek and identify the registered owner of the land for the
purpose of undertaking negotiations with that owner concerning his or her
occupation of the land.

(2) Where any negotiations are entered into between the

occupant and the registered owner under subsection (1) and the parties are
unable, within a prescribed time, to reach agreement in the matter of the
occupation of the land, either party may, in the prescribed manner, invite
the mediator to assist them in their negotiations.

(3) The mediator may, upon being invited under subsection (2)
and after satisfying himself or herself that there are reasonable prospects of
reaching a satisfactory agreement between the parties, accept the invitation
and give all reasonable assistance to the parties to reach an agreement on
the occupation.

(4) Where, after a period of not less than three months, the Inserted by the
Mediator certifies that he or she is unable to assist the parties to reach Land
an agreement under this section or the parties or any one of them (Amendment)
declines to make use of the services of the Mediator, either party may Act, 2004,
appeal to the Land Tribunal and the Land Tribunal may make such deemed to
order as it thinks fit but if the Land Tribunal determines that the have come
occupation of the land to which this section refers should come to an into force on
end, it shall give not less than one year’s notice to the occupant of the 18th March
land to vacate that land. 2004.

31. Tenant by occupancy.

(1) A tenant by occupancy on registered land shall enjoy

security of occupancy on the land.

(2) The tenant by occupancy referred to in subsection (1) shall

be deemed to be a tenant of the registered owner to be known as a tenant by
occupancy, subject to such terms and conditions as are set out in this Act or
as may be prescribed.

(3) The tenant by occupancy shall pay to the registered

Inserted by the
owner an annual nominal ground rent as shall, with the approval of the
Land
Minister, be determined by the Board.
(Amendment)
Act, 2004,
(3a) The Minister shall, within sixty days after receipt
deemed to have
of a request for approval under subsection (3),
come into force
communicate his or her decision in writing to the
on 18th March
Board.
2004.
(3b) Where the minister makes no communication of his
or her decision after the expiration of the period prescribed in
subsection (3a), it shall be deemed that the approval has been
given.
 (3c) For purposes of this section, nominal ground rent
shall mean reasonable ground rent-

(i) taking into consideration the

circumstances of each case; and

(ii) in any case, of a non-commercial

nature

(3d) Where the Board has not determined the annual

nominal ground rent payable by a tenant by occupancy within six
months after the commencement of the Land (Amendment) Act
2010, the rent may be determined by the Minister.

(3e) The rent payable under this section shall be paid

within one year after the Minister has approved the rent payable
under subsection (3) or determined the rent payable under
subsection (3d).

(4) The tenant and the registered owner if aggrieved by the

decision of the board may appeal against the decision to the land tribunal;
and the tribunal may confirm, reverse, vary or modify the decision or make
such other orders as it is empowered to make by this Act. Repealed by the Land (Amendment)
Act, 2004, deemed to have come
(5) Repealed. into force on 18th March 2004.

(6) If a tenant by occupancy fails to pay the approved

Amended by the
ground rent for a period exceeding one year, the registered owner may
Land
give a notice in the prescribed form to the tenant requiring him or her
(Amendment)
to show cause why the tenancy should not be terminated for non-
Act, 2010,
payment of rent and shall send a copy of the notice to the committee.
deemed to have
come into force
(7) If the ground rent is not paid within one year from the date
on 12th February
of service of notice or the tenant by occupancy has not taken any steps
2010.
within six months after the date of service of the notice to challenge the
notice by referring to the land tribunal, the registered owner may apply to
the land tribunal for an order terminating the tenancy for non-payment of
the rent.
 Repealed by the
Land
(8) Repealed. (Amendment)
Act, 2004,
(9) For the avoidance of doubt, the security of tenure of a lawful deemed to have
or bona fide occupant shall not be prejudiced by reason of the fact that he come into force
or she does not possess a certificate of occupancy. on 18th March
2004.
32. Jurisdiction of land tribunal in respect of non-payment of
ground rent.

(1) In any case before a land tribunal concerning the non-

payment of the ground rent referred to in section 31, whether the case is
commenced by a tenant or a landlord, the land tribunal shall have regard to
the following factors—
(a) whether the person claiming the ground rent is the registered
owner of the land or his or her lawfully authorised agent;
(b) whether the landlord has interfered with the quiet enjoyment by
the tenant of his or her occupation of the land or contravened in
any way section 31(1);
(c) the circumstances, means and the necessary outgoings of the
tenant;
(d) whether the tenant has vacated the land, leaving dependents with
no means of support on the land;
(e) whether the non-payment of the ground rent is deliberate;
(f) the efforts made by the tenant or the dependents referred to in
paragraph (d) to pay the ground rent;
(g) any negotiations over the arrears which have taken place
between the landlord and the tenant and their outcome;
(h) the likelihood that if the arrears were averaged out over such
reasonable period as the tribunal may determine, the tenant or
dependent referred to in paragraph (d) would be able to pay both
those arrears and the regular yearly ground rent;
(i) such other factors as the land tribunal shall think relevant or as
may be prescribed.

(2) After hearing the parties to the case, the land tribunal shall
make an order—
 (a) directing that the tenant shall pay the arrears either in one lump
sum by a due date or in instalments over such period of time as
the tribunal shall set;
(b) granting the application for the termination of the tenancy but
suspending the coming into effect of the order so as to allow the
tenant the opportunity to pay the arrears in accordance with any
order made for their payment by the tribunal; or
(c) granting the application for the termination of the tenancy
stating in the order the date, being not less than six months from
the date of the order, by which the tenant shall have vacated the
land, and may grant any such order on such conditions, if any,
as to expenses, damages, compensation or any other relevant
matter as the tribunal thinks fit.

32A. Lawful or bona fide occupants to be evicted only for non-payment

of ground rent.

(1) A lawful or bona fide occupant shall not be evicted from Inserted by the
registered land except upon an order of eviction issued by a court and Land
only for non-payment of the annual nominal ground rent. (Amendment)
Act, 2010,
(2) A court shall, before making an order of eviction under deemed to have
this section, take into consideration the matters specified in section come into force
32(1). on 12th February
2010.
(3) When making an order for eviction, the court shall state
in the order, the date, being not less than six months after the date of
the order, by which the person to be evicted shall vacate the land and
may grant any other order as to expenses, damages, compensation or
any other matter as the court thinks fit.

(4) For purposes of this section, the word “court” shall mean
a court presided over by a Magistrate Grade 1 or a Chief Magistrate as
the case may be, and reference to the Land Tribunal in this Act and
amendments thereto shall be interpreted accordingly.
33. Certificate of occupancy.

(1) A tenant by occupancy may apply to the registered owner for

and be issued with a certificate of occupancy in the prescribed form in
respect of the land which he or she occupies in accordance with this section.

(2) On receipt of the application, the registered owner shall

notify the committee; and the committee shall appoint a day, being not less
than three weeks and not more than three months from the date of the receipt
of the application, when it will meet at the place where the land is situated
to determine, verify and adjudicate on the boundaries to the land and shall
inform the tenant by occupancy and the owner of that date.

(3) In exercising its functions of determining, verifying and

adjudicating on the boundaries of the land, the committee shall, in the
exercise of any of its powers under this section which involve a hearing of
the affected parties, comply with the rules of natural justice and, subject to
that duty, may—
(a) hear evidence which would not be admissible in a court of law;
(b) call evidence of its own motion;
(c) use evidence contained in any official record or adduced in any
other claim; and
(d) generally, determine its own procedures.

(4) A determination of the committee on the boundaries of the

land shall be sent to the tenant in occupancy and the owner of the land.

(5) A tenant in occupancy shall only be entitled to be issued with

a certificate of occupancy if he or she has paid the ground rent for the land
and has no arrears of ground rent outstanding or where there are arrears, the
matter has been determined by a decision of the land tribunal under section
32.

(6) Subject to subsection (5), on receipt of the determination of

the committee, the owner shall, without undue delay, give a consent in the
prescribed form to the tenant.
 (7) Where the registered owner has not, within six months after
the receipt of the determination of the committee, granted a consent to a
certificate of occupancy to the tenant by occupancy, the tenant may appeal
to the land tribunal; and the land tribunal shall proceed as provided for in
this Act to grant a consent to the certificate of occupancy.

(8) A grant of consent shall entitle the tenant by occupancy to

be issued with a certificate of occupancy by the recorder, and the recorder
shall, on being satisfied with the grant of consent, issue a certificate of
occupancy to the tenant by occupancy who presented the grant of consent
to the recorder.

(9) The Recorder shall notify the Registrar of the issue of a

certificate of occupancy and an encumbrance to that effect shall be
endorsed on the certificate of title by the Registrar. Amended by the
Land
34. Transactions with the tenancy by occupancy. (Amendment) Act,
2004, deemed to
(1) A tenant by occupancy may, in accordance with the have come into
provisions of this section, assign, sublet or sub-divide the tenancy with force on 18th
the consent of the land owner. March 2004.

(2) A tenancy by occupancy may be inherited.

(3) Prior to undertaking any transaction to which subsection (1)

refers, the tenant by occupancy shall submit an application in the prescribed
form to the owner of the land for his or her consent to the transaction.

(4) The registered owner shall, within six weeks from the date
of receipt of the application or such longer time as may be prescribed, either
grant a consent to the transaction in the prescribed form, with or without
conditions, or refuse consent to the transaction.
Amended by
(5) Where the registered owner refuses to grant consent to
the Land
the transaction or grants consent subject to conditions which the tenant
(Amendment)
by occupancy objects to or fails within the prescribed time to give any
Act, 2004,
decision on the application, the tenant by occupancy may appeal to the
deemed to have
land tribunal against the refusal or the conditions, as the case may be.
come into force
on 18th March
2004.
 Amended by
(6) For the purposes of appealing under this section, the the Land
failure to give a decision referred to in subsection (5) shall be taken to (Amendment)
be a refusal. Act, 2004,
deemed to have
come into force
(7) The land tribunal shall, in the exercise of its functions under
on 18th March
this section, grant the consent, with or without conditions which may
include or depart from conditions imposed by the owner, or refuse consent 2004.
to the transaction or may adjourn the proceedings to enable the parties to
reach an agreement on the matter.

(8) A copy of every consent, signed by the owner or, where the
consent has been granted by the land tribunal, by the secretary of the
tribunal, shall be delivered or sent to the recorder who shall keep a record
in the prescribed form of all such consents.

(9) No transaction to which this section applies shall be valid

and effective to pass any interest in land if it is undertaken without a consent
as provided for in this section, and the recorder shall not make any entry on
the record of any such transaction in respect of which there is no consent.

35. Option to purchase.

(1) A tenant by occupancy who wishes to assign the tenancy

shall, subject to this section, give the first option of taking the assignment
of the tenancy to the owner of the land.

(1a) Subject to subsection (7), a tenant by occupancy who

Amended by
purports to assign the tenancy by occupancy without giving the
the Land
first option of taking the assignment of the tenancy to the owner
(Amendment)
of the land commits an offence and is liable on conviction to a fine
Act, 2010,
not exceeding ninety six currency points or imprisonment not
deemed to
exceeding four years or both; and the transaction shall be invalid
have come into
and the tenant shall forfeit the right over the land and the land
force on 12th
shall revert to the registered owner.
February 2010.
(2) The owner of land who wishes to sell the reversionary
interest in the land shall, subject to this section, give the first option of
buying that interest to the tenant by occupancy.
 (3) Any offer made under this section shall be on a willing buyer
willing seller basis.

(4) Where an option to buy is offered to any party under

subsection (1) or (2), the party who makes the offer must set out the terms
of the offer with sufficient detail and clarity for the party to whom the offer
is made to understand the offer and make an appropriate response to it.

(5) A party to whom an offer to buy is made under subsection

(1) or (2) shall, within three months after the receipt of the offer, either
refuse the offer or make such a response as will enable meaningful
negotiations to take place between the parties.

(6) Either party to the negotiations to which subsection (5) refers

may, at any time after three months have elapsed since the negotiations
commenced, refer the matter to the mediator for him or her to assist the
parties to reach an agreement.

(7) Where the mediator is unable, after three months of

negotiations, to assist the parties to reach an agreement on the option to buy,
he or she shall make a declaration to that effect; and the party who made the
offer of the option to buy shall thereupon be enabled to assign the tenancy
by occupancy or, as the case may be, sell the reversionary interest free of
the option to buy, to such other person as he or she thinks fit.
Amended by the
(8) Subject to this section, a change of ownership of title Land
effected by the owner by sale, grant and succession or otherwise shall Amendment)
not in any way affect the existing lawful interests or bona fide occupant Act, 2010,
and the new owner shall be obliged to respect the existing interest. deemed to have
come into force
36. Mutual agreement between tenant by occupancy and registered on 12th February
owner. 2010.

(1) A registered owner and a tenant by occupancy may mutually

agree that the land in which a tenant by occupancy has an interest be
subdivided in such portions as the parties may agree with each party having
exclusive occupancy or ownership of such portions as may be agreed or that
the parties become joint proprietors of the land either as joint tenants or as
tenants in common, and where they agree to be tenants in common, the
shares of each in the land on such terms and conditions as they may agree.

(2) Where the parties agree to subdivide the land and become
owners of individual portions of the subdivided land or where the parties
agree to become joint proprietors of the land, they shall provide the registrar
with documentary evidence of their agreement and certified survey plans
where applicable, and the registrar shall—
(a) make the appropriate entries on the certificate of title of the land;
(b) issue new certificates of title to the parties;
(c) inform the recorder of the changes that must be made to the
certificate of occupancy, including where relevant the
cancellation of the certificate.

37. Abandonment and termination of occupancy.

(1) Subject to section 27, where a tenant by occupancy

voluntarily abandons his or her occupancy— (a) the right of occupancy shall
lapse;
(b) the occupant may remove any structures, buildings and other
things placed by him or her on the land but not dams or trees;
(c) the occupant is not entitled to any compensation for loss of the
occupancy.

(2) For the purposes of subsection (1), a person shall be taken

to have abandoned his or her occupancy—
(a) where he or she gives notice to the registered owner of his or her
intention to abandon the occupancy; or
(b) where he or she leaves the whole of the land unattended to by
himself or herself or a member of his or her family or his or her
authorised agent for three years or more.

(3) Where the occupant proves that he or she was under a

disability during any part of the period, the period of three years shall be
extended by the period during which disability prevented the tenant by
occupancy from exercising his or her right of occupancy and there was no
member of the family and no authorised agent who could exercise the right
of occupancy on behalf of the tenant.
 (4) Where the tenant by occupancy is compelled to vacate the
land by reason of the fact that his or her building has been condemned or
demolished by order of a body or authority authorised to do so under any
enactment, then where the occupancy is in respect of land in an urban area—
(a) the occupant’s right of occupancy shall not be taken to have been
extinguished;
(b) if development is not possible, owing to planning or building
restrictions under any law, the occupant is entitled to assign his
or her right of occupancy giving the registered owner the first
option;
(c) the registered owner shall have the right with the approval of the
board to acquire the right of occupancy upon payment to the
occupant of compensation for the right of occupancy and any
development of the land, determined by a valuer appointed by
the Government.

(5) The urban council within whose jurisdiction land in an urban

area is situated may determine that, subject to any existing scheme approved
under the Town and Country Planning Act, no building may be erected and
no development may be carried out on that land unless the owner and the
tenants by occupancy have agreed to a programme of planned development
which has been approved by that urban council; and any such programme
of planned development shall include arrangements for the future
ownership and occupation of the land, having regard to the provisions of
Amended by
this Act.
the Land
(Amendment)
(6) A tenant by occupancy or a registered owner of land who
Act, 2004,
is aggrieved by the decision of the Board or valuation of the appointed
deemed to have
valuer under paragraph (iii) of subsection (4) may appeal to the District
come into force
Land Tribunal.
on 18th March
2004.

Repealed by the
38. Repealed. Land
(Amendment)
Act, 2004,
deemed to have
come into force
on 18th March
2004.
38A. Security of occupancy

(1) Every spouse shall enjoy security of occupancy on

family land.
Inserted by the
(2) The security of occupancy prescribed under subsection Land
(1) means a right to have access to and live on family land. (Amendment)
Act, 2004,
(3) For the purposes of subsection (2), the spouse shall in deemed to have
every case have the right to use the family land and give or withhold come into force
his or her consent to any transactions referred to in section 39, which on 18th March
may affect his or her rights. 2004.

(4) In this section-

“family land” means land-
(a) on which is situated the ordinary residence of a
family;
(b) on which is situated the ordinary residence of the
family and from which the family derives sustenance;
(c) which the family freely and voluntarily agrees
shall be treated to qualify under paragraph (a) or (b); or
(d) which is treated as family land according to the
norms, culture, customs, traditions or religion of the
family;

“ordinary residence” means the place where a person resides with

some degree of continuity apart from accidental or temporary
absences; and a person is ordinarily resident in a place when he or she
intends to make that place his or her home for an indefinite period;

“land from which a family derives sustenance” means-

(a) land which the family farms; or

(b) land which the family treats as the principal place which
provides the livelihood of the family; or
(c) land which the family freely and voluntarily agrees, shall be
treated as the family’s principal place or source of income
for food.
 (5) For the avoidance of doubt, this section shall not apply
to spouses who are legally separated.

39. Restrictions on transfer of land by family members. Amended by

the Land
(1) No person shall— (Amendment)
(a) sell, exchange, transfer, pledge, mortgage or lease any family Act, 2004,
land; deemed to
(b) enter into any contract for the sale, exchange, transfer, have come
pledging, mortgage or lease of any family land; or into force on
(c) give away any family land, inter vivos, or enter into any 18th March
other transaction in respect of family land; 2004.
except with the prior consent of his or her spouse.

(2) The consent required under subsection (1) shall be in the

manner prescribed by regulations made under this Act.

(3) Subsection (1) of this section shall not apply to any

transfer of land by the mortgagee in exercise of powers under the
mortgage.

(4) Where any transaction is entered into by a purchaser in

good faith and for value without notice that subsection (1) of this section
has not been complied with, the transaction shall be void but the
purchaser shall have the right to claim from any person with whom he
or she entered into the transaction, any money paid or any
consideration given by him or her in respect of the transaction.

(5) A consent referred to in subsection (1) shall not be

unreasonably withheld.

(6) Where the consent required by subsection (1) is withheld,

a person aggrieved by the withholding of the consent may appeal to the
Land Tribunal and The Tribunal shall require the spouse to show cause
why the spouse cannot give consent and may, in its discretion, dispense
with the consent.
 (7) A souse, not being the owner of the land to which
subsection (1) applies, may lodge a caveat on the certificate of title,
certificate of occupancy or certificate of customary ownership of the
person who is the owner of the land to indicate that the property is
subject to the requirement of consent under subsection (1).

(8) Notwithstanding subsection (2) of section 149 of the

Registration of Titles Act, a caveat referred to in subsection (7) shall
not lapse while the caveator’s right to security of occupancy subsists.

(9) For the purposes of subsection (4)-

“notice” means actual or constructive notice;
“purchaser” means a grantee, lessee, sub-lessee, assignee,
mortgagee, charge or other person who acquired an estate or an
interest or right in the land.

40. Acquisition of land by a noncitizen.

(1) Subject to article 237(2)(c) of the Constitution, a noncitizen

may acquire a lease in land in accordance with this section.

(2) A lease of five years or more acquired by a noncitizen shall

be registered in accordance with the Registration of Titles Act.

(3) A noncitizen shall not be granted a lease exceeding ninety-

nine years.

(4) Subject to the other provisions of this section, a noncitizen

shall not acquire or hold mailo or freehold land.

(5) For the avoidance of doubt, any non-citizen who Amended by

immediately before the coming into force of the Constitution held land the Land
as lessee on conversion within the meaning of the Land Reform Decree, (Amendment)
1975, shall be deemed to have continued to hold a lease for ninety nine Act, 2004,
years from the first day of June, 1975. deemed to
have come
(6) Any citizen holds land under freehold or mailo tenure into force on
and who ceases to be a citizen of Uganda, shall by virtue of ceasing to 18th March
be a citizen, cease to hold land under freehold or mailo tenure and any 2004.
such tenure shall automatically and without any other legal
requirement than this subsection, be converted into a lease for a period
of ninety nine years from the date of that person ceasing to be a citizen
of Uganda.

(7) For the purposes of this section, “noncitizen” means— (a) a

person who is not a citizen of Uganda as defined by the Constitution and
the Uganda Citizenship Act;
(b) in the case of a corporate body, a corporate body in which the
controlling interest lies with noncitizens;
(c) in the case of bodies where shares are not applicable, where the
body’s decision making lies with noncitizens;
(d) a company in which the shares are held in trust for noncitizens;
(e) a company incorporated in Uganda whose articles of association
do not contain a provision restricting transfer or issue of shares
to noncitizens.

(8) For purposes of subsection (7), “controlling interest”

means—
(a) in the case of companies with shares, the majority shares are held
by persons who are not citizens; and
(b) in the case of companies without shares, a company in which
decisions are arrived at by the majority of members who are
not citizens. Amended by the
Land
41. Land Fund. (Amendment)
Act, 2004,
(1) There shall be a fund to be known as the Land Fund. deemed to have
come into force
(2) Subject to the provisions of this section, the Commission on 18th March
shall be responsible for the management of the Fund, and may contract 2004.
out the management of the Fund to an organisation in the public or
private sector; but no such contract shall absolve the Commission from
the responsibility of management.

(3) The monies to form part of the Land Fund shall be derived
from the following sources—
(a) monies appropriated by Parliament;
 (b) loans obtained by the Government;
(c) grants from any donors;
(d) any monies paid into the fund under this Act;
(e) any other source approved by the Minister in writing in
consultation with the Minister responsible for finance.

(4) The fund shall be utilised as follows—

(a) to give loans to tenants by occupancy to enable them to acquire
registrable interests pursuant to article 237(9)(b) of the
Constitution;
(b) by the Government to purchase or acquire registered land to
enable tenants by occupancy to acquire registrable interests
pursuant to the Constitution;
(c) to resettle persons who have been rendered landless by
Government action, natural disaster or any other cause; Amending by
(d) to assist persons to acquire titles under this Act in the Land
accordance with a prescribed scheme. (Amendment)
Act, 2004,
(5) For the purposes of giving effect to subsection (4), the deemed to have
commission shall, in particular, carry out the following functions— come into force
(a) give loans to lawful or bona fide occupants to enable them to on 18th March
acquire registrable interests pursuant to article 237(9)(b) of the 2004.
Constitution;
(b) purchase or acquire land where necessary in order to redistribute
it to the tenants in occupancy on such terms and conditions as
shall be determined by the commission;
(c) verify and distribute the land referred to in paragraph (b) of this
subsection to the tenants by occupancy;
(d) cause and facilitate the holding under paragraph (c) of this
subsection to be surveyed and the occupant to acquire a
registrable interest of the holding;
(e) give loans to other persons to enable them to have their land
surveyed for the purpose of acquiring certificates of title;
(f) perform such other functions as provided in this Act or as the
Minister may in writing determine.

(6) Notwithstanding any provisions to the contrary in the Land

Acquisition Act—
 (a) any compulsory acquisition of land for purposes of
implementing subsection (4)(b) shall be at a fair market
valuation assessed on a willing seller willing buyer basis;
(b) no person from whom land is to be acquired under this section
shall be required to vacate that land until he or she has received
the compensation awarded to, or agreed to, by him or her;
(c) the commission shall pay compensation for any losses caused by
severance or injurious affection;
(d) the commission shall pay all reasonable costs of disturbance to
the person from whom land is to be acquired; and
(e) in the case of land occupied under customary tenure, in addition
to compensation assessed under this section, there shall be paid
as a disturbance allowance a sum not exceeding 15 percent of
the sum awarded to the person from whom land is to be acquired
where that person was using the land as his or her home.

(7) The statutory and administrative charges such as fees and

stamp duty shall be payable by the tenant in occupancy and shall not be paid
out of the fund.

(8) The commission shall ensure that as far as possible the

officers and other employees of the commission who are allocated to the
affairs of the Land Fund are identifiable and devote their attention
exclusively to the affairs of the fund.

(9) Subject to this section, the administrative costs of managing

the Land Fund shall be charged on the fund, but salaries and other
emoluments shall not be payable out of the fund.

(10) The Minister shall ensure that monies are provided for the
Land Fund and ensure that the fund is duly established within one year after
the coming into force of this Act.

(11) The commission shall maintain separate accounts for the

Land Fund from its other accounts.

(12) The accounts of the Land Fund shall be audited by the

Auditor General in accordance with article 163 of the Constitution, and the
Auditor General shall report to Parliament on the accounts of the fund under
article 163(4) of the Constitution.

(13) The commission shall submit to the Minister once in every

six months a report on its operations in the management of the Land Fund
giving such information on the affairs of the fund as the Minister may
specify in writing.

(14) The Minister shall submit progress reports to Parliament

annually on the performance of the 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.

(1) The Government or a local government shall hold in trust for

the people and protect natural lakes, rivers, ground water, natural ponds,
natural streams, wetlands, forest reserves, national parks and any other land
reserved for ecological and touristic purposes for the common good of the
citizens of Uganda.

(2) A local government may, upon request to the Government,

be allowed to hold in trust for the people and the common good of the
citizens of Uganda any of the resources referred to in subsection (1).

(3) Any resource that is not covered under subsection (1) which
is identified after the coming into force of this Act may, upon request to the
Government and with the approval of Parliament, be held in trust for the
people and for the common good of the citizens of Uganda by a local
government.

(4) The Government or a local government shall not lease out or

otherwise alienate any natural resource referred to in this section.

(5) The Government or a local government may grant

concessions or licences or permits in respect of a natural resource referred
to in this section subject to any law.

(6) Parliament or any other authority empowered by Parliament

may from time to time review any land held in trust by the Government or
a local government whenever the community in the area or district where
the reserved land is situated so demands.

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.

(1) There shall be a commission to be known as the Uganda

Land Commission.

(2) The commission shall be a body corporate with perpetual

succession and a common seal and may sue or be sued in its corporate name.
47. Membership of the commission.

(1) The commission shall consist of a chairperson and not less

than four other members appointed by the President with the approval of
Parliament.

(2) A person shall not qualify for appointment as a member of

the commission unless the person—
 (a) is of or above the age of twenty-one years;
(b) is of sound mind;
(c) is of high moral character and proven integrity;
(d) has not been convicted of an offence involving moral turpitude;
or
(e) has not been declared bankrupt.

(3) At least two of the members referred to in subsection (1)

shall be persons with qualifications and experience in matters related to
land.

(4) At least one of the members referred to in subsection (1)

shall be a woman.

(5) A person holding office as a member of Parliament or a

member of a local government council shall relinquish the office upon
appointment as a member of the commission in accordance with article 238
of the Constitution.

48. Tenure of office.

(1) The members of the commission shall hold office for a

period of
five years and shall be eligible for reappointment for a further one term.

(2) A member of the commission may be removed from office

by the President only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind; (b) misbehaviour or misconduct; or (c)
incompetence.

49. Functions of the commission.

The functions of the commission shall be to—

(a) hold and manage any land in Uganda which is vested in or
acquired by the Government in accordance with the
Constitution;
 (b) where applicable, hold and manage any land acquired by the
Government abroad, except that the commission may delegate
the management of such land to Uganda’s missions abroad;
(c) procure certificates of title for any land vested in or acquired by
the Government;
(d) perform such other functions as may be prescribed by or under
this Act or any other enactment.

50. Secretary and other officers of the commission.

(1) There shall be a secretary to the commission who shall be a

public officer appointed by the President on the advice of the Public Service
Commission upon such terms and conditions as may be specified in the
letter of appointment.

(2) The secretary shall be a person with knowledge and

experience in matters related to land.

(3) The secretary shall not be a member of the commission but

shall conduct the correspondence of the commission, keep records and
perform such other functions as the commission may direct.

(4) The secretary shall keep custody of the seal of the

commission.

(5) The commission shall have such other officers and

employees as may be necessary for the discharge of its functions, and those
officers or employees shall be appointed by the Public Service Commission
on such terms and conditions as may be specified in their letters of
appointment.

51. Meetings of the commission.

(1) The chairperson shall preside at all meetings of the

commission and shall, in addition to his or her deliberative vote, have a
casting vote.

(2) Where the chairperson is absent from any meeting of the

commission, the members present shall elect one of their number to preside;
and the member so elected shall have the powers and perform the functions
of the chairperson.

(3) The commission shall meet for the discharge of its functions
under this Act at least once in every two months at such place and time as
the chairperson shall appoint.

(4) The quorum at any meeting of the commission shall be three,

and any decision of the commission shall be by consensus; but if there is no
consensus it shall be by the majority of members present and voting.

(5) Subject to this Act, the commission may regulate its own
procedure.

52. Authentication of common seal, etc.

(1) The common seal of the commission shall be authenticated

by the signature of the chairperson or of some other member authorised by
the commission in writing, and the signature of the secretary.

(2) Any order or decision of the commission shall be in writing

and signed by—
(a) the chairperson; or
(b) any other member duly authorised by it in writing; and
(c) the secretary.
Amended by the
(3) Any instrument or contract which does not require to be Land
under seal, may be entered into and executed on behalf of the (Amendment)
commission by any member or agent duly authorised in writing by the Act, 2004,
commission for the purpose. deemed to have
come into force
(4) Any document presented in evidence as— on 18th March
(a) an instrument executed or issued by the commission and sealed 2004.
with the common seal of the commission and authenticated in
the manner prescribed in subsection (1);
(b) an order or decision of the commission and signed in the manner
prescribed in subsection (2); or
 (c) an instrument or contract of the kind referred to in subsection (3)
and entered into and executed on behalf of the commission in
the manner prescribed in that subsection, shall be received in
evidence and be presumed to be so executed, so signified and
entered into on behalf of the commission without further proof
unless the contrary is shown.

53. Powers of the commission.

For the purpose of performing its functions under the Constitution and this
Act, the commission may—
(a) acquire by purchase or exchange or otherwise hold land rights,
easements or interests in land;
(b) erect, alter, enlarge, improve or demolish any building or other
erection on any land held by it;
(c) sell, lease or otherwise deal with the land held by it;
(d) cause surveys, plans, maps, drawings and estimates to be made
by or through its officers or agents; and
(e) do such other things as may be necessary for or incidental to the
exercise of those powers and the performance of those functions.
54. Salaries and expenses of the commission.

(1) The members of the commission shall be paid such salaries

and allowances as may be specified in their letters of appointment, and the
salaries and allowances shall be charged on the Consolidated Fund.

(2) All expenses incurred by or on behalf of the commission in

connection with or incidental to the performance of its functions under this
Act shall be paid for out of funds appropriated by Parliament.

55. Commission to conform to Government policy.

(1) In the performance of its functions under the Constitution

and this Act, the commission shall conform to the policy of the Government
in relation to land matters.
(2) Subject to the Constitution, the Minister may, without
prejudice to any other powers he or she may have under this Act, give to the
commission such policy directions as are necessary to ensure compliance
with subsection (1), and the commission shall give effect to the directions.

District land boards.

56. Establishment of district land boards.

(1) There shall be for each district a district land board.

(2) The board shall be a body corporate with perpetual

succession and a common seal and may sue or be sued in its corporate name.

57. Membership of a board.

(1) Subject to a minimum membership of five, a board shall

consist of the following persons— (a) a chairperson;
(b) one member representing municipal
councils;
(c) one member representing urban councils;
Amended by
(d) at least one member from each county
the Land
in the district.
(Amendment)
(2) No person shall qualify to be appointed as a member of a
Act, 2004,
board if the person—
deemed to have
(a) is less than eighteen years of age;
come into force
(b) is of unsound mind; on 18th March
(c) is a member of Parliament; 2004.
(d) has been convicted of an offence involving moral turpitude;
or
(e) has been declared bankrupt.

(3) At least one-third of the members referred to in subsection

(1) shall be women.

(4) At least one of the members of a board shall be a person with

qualifications and experience in matters relating to land.

(5) A person holding office as a member of a local government

council shall relinquish the office upon appointment as a member of a board.
58. Tenure of office of members of a board.

(1) The members of a board shall hold office for a period of five
years and may be eligible for reappointment for a further one term.

(2) A member of a board may be removed from office by the

district council on the recommendation of the district executive committee
only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misbehaviour or misconduct;
(c) incompetence; or
(d) absenting himself or herself from meetings of the board for six
consecutive times without reasonable cause.

59. Functions of a board.

(1) The functions of a board shall be to—

(a) hold and allocate land in the district which is not owned by any
person or authority;
(b) facilitate the registration and transfer of interests in land;
(c) take over the role and exercise the powers of the lessor in the
case of a lease granted by a former controlling authority;
(d) cause surveys, plans, maps, drawings and estimates to be made
by or through its officers or agents;
(e) compile and maintain a list of rates of compensation payable in
respect of crops, buildings of a non-permanent nature and any
other thing that may be prescribed;
(f) review every year the list of rates of compensation referred to in
paragraph (e) of this subsection; and
(g) deal with any matter which is incidental or connected to the other
functions referred to in this subsection.
Amended by the
(1a) where a board enters into or undertakes or concludes any Land
such transaction or allocates land in contravention of subsection (Amendment) Act,
(1)(a), the transaction shall be void. 2010, deemed to
have come into
force on 12th
February 2010.
 (2) A board within a district may, in the performance of its
functions under of article 241(1)(a) of the Constitution, do so under the
name of the institution of a traditional leader or cultural leader existing
under article 246 of the Constitution in relation to that district.

(3) For the avoidance of doubt, nothing in subsection (2) shall

be construed as conferring on the traditional leader or cultural leader
referred to in that subsection the power of direction or control over the
board.
(4) In carrying out its functions under subsection (1)(a), a board
shall have regard to article 237(1) of the Constitution.

(5) A board shall, in compiling a list of rates of compensation

referred to in subsection (1)(e) and (f), consult the technical officers in the
district.
Amended by
(6) Each District shall have a District Land Office, which the Land
shall provide technical services through its own staff, or arrange for (Amendment)
external consultants to the Board. Act, 2004,
deemed to
(7) Deleted. have come
into force on
(8) The board shall hold in trust for the citizens the reversion on 18th March
any lease to which subsection (1)(c) relates and may exercise in relation to 2004
the lease and the reversion the powers of a controlling authority under the
Public Lands Act, 1969, as if that Act has not been repealed; but subject to
the foregoing, that Act shall, in respect of any such lease or reversion, have
effect with such modifications as may be necessary to give effect to this Act
and shall be subject to the provisions of the Constitution.

60. Powers of a board.

(1) In the performance of its functions, a district land board shall

be independent of the Uganda Land Commission and shall not be subject to
the direction or control of any person or authority but shall take into account
the national and district council policy on land and the particular
circumstances of different systems of customary land tenure within the
district.
 (2) A board shall have power to—
(a) acquire by purchase or otherwise rights or interests in land and
easements;
(b) erect, alter, enlarge, improve or demolish any building or other
erection on any land held by it;
(c) sell, lease or otherwise deal with the land held by it; and
(d) do and perform all such other acts, matters and things as may be
necessary for or incidental to the exercise of those powers and
the performance of those functions.

(3) In the performance of its functions, a district land board shall

prepare and publish an annual report and shall have regard to any comments
that the district council may make on that annual report.

61. Secretary to a board, etc.

(1) There shall be a secretary to a board who shall be a public

officer appointed by the district service commission.

(2) The secretary shall be a person with knowledge and

experience in matters relating to land.

(3) The secretary to a board shall conduct the correspondence of

the board, keep records and custody of the seal of the board and perform
such other functions as the board may direct.

(4) A board shall have such support staff as may be recruited for
the purpose in accordance with the public service regulations.

62. Meetings of a board.

(1) The chairperson shall preside at all meetings of the board and
shall, in addition to his or her deliberative vote, have a casting vote.

(2) Where the chairperson is absent from any meeting of the

board, the members present shall elect one of their number to preside; and
the member so elected shall have the powers and perform the functions of
the chairperson and shall have a casting vote.
 (3) A board shall meet for the discharge of its functions under
this Act at least once in every two months at such place and time as the
chairperson shall appoint.

(4) The quorum at any meeting of a board shall be three.

(5) Any decision of a board shall be arrived at by consensus and,

in case of a contentious issue, by a majority vote.

(6) Subject to this Act, a board may regulate its own procedure.

63. Expenses of a board, remuneration of members and audit.

(1) All expenses of a board shall be charged on the district Amended by the
administration funds. Land
(Amendment) Act,
(2) Members of the Board shall be remunerated and paid 2004, deemed to
allowances out of the Consolidated Fund. have come into
force on 18th
(3) The accounts of a board shall be audited annually. March 2004.

Land committees.

64. Establishment of Land Committees

Amended by the
(1) A District Council, on the advice of the Sub-county or
Land
Division Council, may, in accordance with this section, appoint a Land
(Amendment) Act,
Committee at Sub-County or Division level which shall exercise the
2004, deemed to
functions conferred on a Committee by this Act or any other law.
have come into
force on 18th
(2) A Committee appointed under this section shall consist
March 2004.
of a Chairperson and four other persons who shall serve on a part time
basis.

(3) A person holding office as a member of a local

government council shall relinquish that office upon appointment as a
member of a Committee.
 (4) A member of the committee shall hold office for a period
of three years and is eligible for reappointment for one further term.

(5) A District Council may terminate the appointment of a

member of a Committee for his or her inability to perform the functions
of his or her office, or for good cause.

(6) In determining whether to appoint a Committee, the

District Council shall have regard to-
(a) any request from any of the areas referred to in
subsection (1) for which a Committee may be Amendment by
appointed and in particular, whether any request is the Land
for a Committee to be appointed to perform the (Amendment) Act,
functions allocated to a Committee in Part II of this 2004, deemed to
Act; have come into
(b) the extent of the demand, if any, from the people force on 18th
within the areas referred to in subsection (1) for any March 2004.
of the services which they may apply for under Part
II of this Act;
(c) whether any of the areas referred to in subsection (1)
indicate that they are prepared to assist in the
funding of the Committee;
(d) The opinions of any of the bodies referred to in
subsection (1), on whose recommendation the District
Council is to appoint the members of a Committee;
(e) the state of the finance of the District Council;
(f) the economic and social benefits of appointing and
costs of not appointing a Committee in any particular
area; and
(g) any advice and guidance from the Ministry
responsible for local government which shall, before
issuing any such advice and guidance, consult with
and take account of, the views of the Ministry
responsible for land.

(7) A Committee shall assist the Board in an advisory

capacity on matters relating to land including ascertaining rights in
land and shall perform any other functions conferred on it by this Act
or any other law.
 (8) Where a Committee has been appointed, it may, with the Amended by the
agreement of the parties to a dispute about land, act as a Mediator in Land
that dispute and when acting as a Mediator, a Committee shall have all (Amendment) Act,
the functions of a Mediator set out in section 89 of this Act an as may 2004, deemed to
be prescribed. have come into
force on 18th
65. Qualification for appointment as member of a committee. March 2004.

(1) A person shall qualify for appointment as a member of the

committee if—
(a) he or she is thirty years of age or more;
(b) he or she has not been convicted of an offence involving moral
turpitude; and
(c) in the case of the chairperson, he or she is able to speak and write
English.

(2) At least one of the members referred to in section 64 shall be

a woman.

(3) At least one of the members referred to in section 64 shall be

a person with knowledge and experience in matters relating to land.

66. Remuneration of members of committees.

(1) A member of the committee shall be paid such remuneration

as may be determined by the district council on the recommendation of the
district executive committee.

(2) All expenses incurred by or on behalf of the committee shall

be charged on the district administration funds.

67. Meetings of the committee.

(1) The chairperson shall preside at all meetings of the

committee and shall, in addition to the chairperson’s deliberative vote, have
a casting vote.
 (2) Where the chairperson is absent from any meeting of the
committee, the members present shall elect one of their number to preside
over the meeting, and the person shall have a casting vote in addition to his
or her deliberative vote.

(3) The quorum of the committee shall be three.

(4) Proceedings and decisions of the committee shall be in

writing and the records shall be kept.

(5) A decision of the committee shall be reached by consensus

and
in case of a contentious matter by majority vote.

(6) The records and instruments of the committee shall be kept

by the chairperson.

(7) Subject to this Act, the committee may regulate its own
procedure.

68. Recorder.

(1) There shall, for the purposes of section 7 and 33, be a Amended by the
recorder for each subcounty, each gazetted area and each division in Land
the case of a city, who shall be answerable to the board. (Amendment)
Act, 2004,
(2) The recorder shall be responsible for keeping records deemed to have
relating to certificates of customary ownership and certificates of come into force
occupancy. on 18th March
2004.
(3) For the purposes of subsection (1), in the case of— (a)
a rural area, the subcounty chief shall be the recorder;
(b) a gazetted urban area, the town clerk shall be the recorder;
(c) a division of a city, the assistant town clerk in charge of the
division shall be the recorder.
 Amended by
the Land
(4) A copy of each certificate referred to in subsection (2)
(Amendment)
shall be deposited with the Board which shall accordingly lodge it as an
Act, 2004,
encumbrance on the respective title.
deemed to
have come
General powers of disposal and rights.
into force on
18th March
69. General powers of disposal.
2004.
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.

(1) Subject to section 44, all rights in the water of any natural
spring, river, stream, watercourse, pond, or lake on or under land, whether
alienated or unalienated, shall be reserved to the Government; and no such
water shall be obstructed, dammed, diverted, polluted or otherwise
interfered with, directly or indirectly, except in pursuance of permission in
writing granted by the Minister responsible for water or natural resources in
accordance with the Water Act.

(2) Nothing in this section shall prevent the reasonable use by

an occupier of land of any waters referred to in subsection (1) for domestic,
small-scale agricultural, or pastoral purposes.

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.

(1) Where any officer of the Government necessarily and

unavoidably in order to carry out his or her duties needs to enter private
land, he or she may enter, giving not less than three days’ notice of the
proposed entry to the owner or occupier of the land.

(2) A person who exercises the right conferred upon him or her
by subsection (1) shall, if so required by the occupier of the land in respect
of which the right is exercised, establish his or her encampment in such
suitable place as the occupier may select.

(3) The Government shall pay promptly—

(a) a reasonable fee to the owner or occupier of the land for every
day that the land is encamped upon under this section, and any
such fee shall include payment for any produce or other things
taken from the land with the permission of the owner or
occupier;
(b) for all damage caused to the land or anything attached to or
forming part of the land or any moveable property on the land or
anything wrongly taken away from the land by the actions of any
person encamped upon the land under this section, and an owner
or occupier may appeal to the district land tribunal against any
failure by the Government to comply with this section.

(4) A person who, being the occupier of any land, refuses to

allow a person to exercise a right conferred upon him or her by subsection
(1) or wilfully interferes with or obstructs the exercise of any such right,
commits an offence and is liable on conviction to a fine not exceeding five
currency points or imprisonment not exceeding six months or both.

(5) This section shall not apply to the encampment of any

authorised security forces.

73. Execution of public works.

(1) Where it is necessary to execute public works on any land,

an authorised undertaker shall enter into mutual agreement with the
occupier or owner of the land in accordance with this Act; and where no
agreement is reached, the Minister may, compulsorily acquire land in
accordance with section 42.
 (2) Where under subsection (1), an authorised undertaker
executes public works upon or takes stone, murram or similar material from
the land, the authorised undertaker shall have over the land such rights of
access and other rights as may be reasonably necessary for the execution,
construction and maintenance of the works or, as the case may be, the taking
of the material; and the land shall be deemed to be subject to those rights
whether or not they have been registered under the Registration of Titles
Act.

(3) An authorised undertaker executing public works on land

under this section shall promptly pay compensation to any person having an
interest in the land for any damage caused to crops or buildings and for the
land and materials taken or used for the works.

(4) Any dispute as to compensation payable under subsection

(3) shall be referred to a land tribunal.

PART V—LAND TRIBUNALS.

District land tribunals.

74. District land tribunals.

(1) There shall be a tribunal in each district to be known as

Amended by the
the District Land Tribunal, which shall consist of a Chairperson and
Land
two other members, and which shall sit from time to time to hear and
(Amendment)
determine disputes concerning land matters within the district.
Act, 2004,
deemed to have
(2) The chairperson shall be a person qualified to be a magistrate come into force
grade I. on 18th March
2004.
(3) The other members of the Tribunal shall be persons with
knowledge and experience in land matters.

(4) A person shall not qualify for appointment as a member of

the tribunal unless the person—
(a) is a person of the age of thirty years or more;
(b) is of sound mind;
 (c) is of high moral character and proven integrity;
(d) has not been convicted of an offence involving moral
turpitude; (e) has not been declared bankrupt.

(5) Members of district land tribunals shall be appointed by the

Chief Justice on the advice of the Judicial Service Commission.

(6) Members of district land tribunals shall be paid such salaries

and allowances as may be determined by the Public Service Commission
on the recommendation of the Judicial Service Commission, and those
salaries or allowances shall be charged on the Consolidated Fund. Inserted by the
Land
(7) The Chairperson of a District Land Tribunal shall be (Amendment)
appointed on a full-time basis. Act, 2004,
deemed to have
(8) The other members of the Tribunal shall be appointed come into force
on a part-time basis. on 18th March
2004.
75. Tenure of office of members of district land tribunals.

(1) Members of district land tribunals shall hold office for a

period of five years and may be eligible for reappointment.

(2) A member of a district land tribunal may be removed from

office by the Chief Justice only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misbehaviour or misconduct;
(c) incompetence;
(d) absence from at least five consecutive meetings of the tribunal
without lawful excuse;
(e) having been convicted of an offence involving moral turpitude;
or
(f) having been declared bankrupt.

76. Jurisdiction of district land tribunals.

(1) The jurisdiction of a district land tribunal shall be to—

 (a) determine disputes relating to the grant, lease, repossession,
transfer or acquisition of land by individuals, the commission or
other authority with responsibility relating to land;
(b) determine any dispute relating to the amount of compensation to
be paid for land acquired under section 42;
(c) determine disputes as the court of first instance in all land Amended by the
matters where the subject matter does not exceed two Land
thousand five hundred currency points; (Amendment)
(d) Deleted. Act, 2004,
(e) determine any other dispute relating to land under this Act. deemed to have
come into force on
(2) In the exercise of jurisdiction over land matters provided 18th March 2004.
for by this section, a district land tribunal shall have the power to grant
decrees of specific performance and issue injunctions and generally
shall have the power to grant such relief, make such orders and give
such decisions against the operation of any action, notice, order, decree
or declaration made by any official or any board or any committee or
any association or the commission, as the circumstances of the case
require, and without limiting the generality of that power, may—
(a) cancel any action, notice, order, decree or declaration;
(b) vary the operation of any action, notice, order, decree or
declaration;
(c) postpone the operation of any action, notice, order, decree or
declaration;
(d) substitute a different decision for the one determined by any
official, board, committee, association or the commission;
(e) confirm any action, notice, order, decree or declaration made,
notwithstanding that some procedural errors took place during
the making of that action, notice, order, decree or declaration if
the district land tribunal is satisfied that—
(i) the person applying for relief was made fully aware of the
substance of the action, notice, order, decree or
declaration; and
(ii) no injustice will be done by confirming that action, notice,
order, decree or declaration, and
may grant that relief and all other orders made and decisions given on such
conditions if any, as to expenses, damages, compensation or any other
relevant matter as the district land tribunal considers fit.
 (3) Notwithstanding subsection (1) of this section, a District
Land tribunal shall not make an order for cancellation of entries in a
certificate of title and vesting title, but shall refer such cases to the High
Court for the necessary consequential orders.
Inserted by the
76A. Modification of Cap. 8 Land
(Amendment)
(1) Notwithstanding the provisions of sections 5, 7 and 29 of Act, 2004,
the Executive Committees (Judicial Powers) Act, the Parish or Ward deemed to have
Executive Committee Courts shall be the courts of first instance in come into force
respect of land disputes. on 18th March
2004.
(2) Notwithstanding the provisions of sections 28(2)(c) of the
Executive Committees (Judicial Powers) Act, appeals on land matters
from Division or Sub-County Executive Committee Courts shall lie to
the respective District Land Tribunal and from the latter to the High
Court and accordingly section 28(2) (c) of the Act shall not apply under
this Act.

77. Computation of compensation.

(1) The district land tribunal shall, in assessing compensation

referred to in section 76(1)(b) take into account the following—
(a) in the case of a customary owner, the value of land shall be the
open market value of the unimproved land;
(b) the value of the buildings on the land, which shall be taken at
open market value for urban areas and depreciated replacement
cost for the rural areas;
(c) the value of standing crops on the land, excluding annual crops
which could be harvested during the period of notice given to
the tenant.

(2) In addition to compensation assessed under this section,

there shall be paid as a disturbance allowance 15 percent or, if less than six
months’ notice to give up vacant possession is given, 30 percent of any sum
assessed under subsection (1).
 (3) The rates set out in the list of rates of compensation referred
to in section (1)(e) shall be used in determining the amount of compensation
payable.

78. Rules of procedure.

(1) The land tribunal shall apply rules of procedure made by the
Chief Justice, who shall take into account the need to have rules of evidence
with such modifications as are necessary to ensure the expeditious disposal Deleted by the
of land disputes. Land
(Amendment) Act,
(2) Deleted. 2004, deemed to
have come into
79. Assistant Registrar of Land Tribunal force on 18th
March 2004.
(1) A District Land Tribunal shall have an Assistant
Registrar who shall be a person qualified to be an advocate of the
Courts of Judicature.

(2) The Assistant Registrar shall be in charge of the Registry

of the District Land Tribunal and in particular shall carry out the
following functions- Amended by
the Land
(a) Receive and register applications, notices of decisions (Amendment)
and all documents or things relating to applications; Act, 2004,
(b) Issue and serve notices and summons of the Tribunal; deemed to
(c) Issue interim orders in the absence of the Chairperson; have come into
(d) Keep all documents, books, things or records of the force on 18th
proceedings of the Tribunal; March 2004.
(e) Taxation of costs; and
(f) Perform such other functions as the District Land
Tribunal may direct

(3) In the exercise of his or her functions under this section,

the Assistant registrar shall comply with the advice and guidance of the
Registrar of District Land Tribunals under section 80A of this Act.
79A. Registration of Land Tribunals Inserted by the
Land
(1) There shall be a Registrar of the District Land Tribunals (Amendment)
who shall co-ordinate and monitor the activities of the District Land Act, 2004,
Tribunals. deemed to have
come into force
(2) A person shall not be qualified to be appointed a on 18th March
Registrar unless he or she is qualified to be appointed as a registrar of 2004.
the High Court.

79B. Management of administrative affairs of Tribunal

(1) A Chairperson of a District Land Tribunal shall be responsible

for the administration of the Tribunal.

(2) In the administration of the Tribunal, the Chairperson shall be

assisted by the Assistant Registrar of the Tribunal and such
other officers and employees as may be necessary for the
efficient discharge of the Tribunal’s functions.

79C. Existing Officers

(1) A Secretary of a District Land Tribunal appointed before the

commencement of this section shall be deemed to be a duly
appointed officer acting under the equivalent office under this
Act.

(2) For the avoidance of doubt, subject to the provisions of this Act,
every person who immediately before the commencement of this
section held or was acting in any office established by or by
virtue of this Act, so far as it is consistent with the provisions of
this section, shall be taken to have been appointed as from the
coming into force of this section, to hold or act in the equivalent
office under this Act.
79D. Supervisory powers over Land Tribunals

(1) The general powers of supervision over Land Tribunals and the
office of the Registrar of Land Tribunals under this Act shall be
exercised by the Chief Registrar of the High Court.
(2) All assets, liabilities and monies for the operation of Land
Tribunals and the office of the Registrar of Land Tribunals shall
be appropriated through the Secretary to the Judiciary.
(3) All assets, liabilities and monies for the operation of Land
Tribunals held under the management of the Ministry
responsible for lands by virtue of the provisions of this Act, as
they stood at the commencement of this section, shall be
transferred to the Secretary to the Judiciary.

Subcounty and urban land tribunals, etc.

80. Repealed.
Repealed by
81. Repealed. the Land
(Amendment)
82. Repealed. Act, 2004,
deemed to
83. Repealed. have come into
force on 18th
84. Repealed. March 2004.

85. Repealed.

86. Repealed.

87. Right of appeal.

(1) An appeal shall lie from the decision of a district land

tribunal to the High Court.
Repealed by
(2) Repealed. the Land
(Amendment)
(3) An appeal from the decision of a district land tribunal in the Act, 2004,
exercise of its appellate jurisdiction shall lie to the High Court. deemed to
have come into
force on 18th
March 2004.
88. Customary dispute settlement and mediation.

(1) Nothing in this Part shall be taken to prevent or hinder or

limit the exercise by traditional authorities of the functions of determining
disputes over customary tenure or acting as a mediator between persons who
are in dispute over any matters arising out of customary tenure.

(2) At the commencement of a case or at any time during the

hearing of the case, a land tribunal may advise the parties to the case that,
in its opinion, the nature of the case is such that the parties would be better
served by using mediation to resolve their differences than by continuing
with litigation in the tribunal; and where such an opinion has been given,
the land tribunal may adjourn the case for such period as it considers fit to
enable the parties to use the services of the traditional authorities or the
mediator or some other person to mediate in the dispute.

89. Functions of the mediator.

Amended by
(1) There shall be one or more Mediators in each District the Land
who shall be appointed by the District Land Tribunal and the (Amendment)
appointment shall be on an ad hoc basis. Act, 2004,
deemed to
(2) The mediator shall be a person of high moral character and have come
proven integrity who by virtue of his or her skill, knowledge, work, standing into force on
or reputation in society is capable and likely to be able to bring parties who 18th March
are in disagreement or dispute about an issue over land arising out of any 2004.
matter provided for in this Act together to negotiate and reach a mutually
satisfactory agreement or accommodation on that matter.

(3) The mediator shall have such functions as are provided for
in this Act or as may be conferred on him or her by regulations.

(4) In the exercise of his or her functions, the mediator shall be

independent and shall not be subject to the direction or control of any other
person.

(5) In exercising any functions under this Act, the mediator shall
be guided by the principles of natural justice, general principles of
mediation and the desirability of assisting the parties to reconcile their
differences, understand each other’s point of view and be prepared to
compromise to reach an agreement; but the mediator shall not compel or
direct any party to a mediation to arrive at any particular conclusion or
decision on any matter the subject of the mediation.

(6) The mediator shall in each case be a person agreed to by the

two parties.
(7) A mediator shall be paid such allowance as may be
prescribed.

PART VI—MISCELLANEOUS.

90. Disposal of fees, etc.

(1) All rents, fees and other revenues received by a board in

respect of lands and in respect of its activities under this Act shall be paid
to the district treasury and form part of the revenues of the district
administration, except that revenues received by the board in respect of
urban land shall be paid to and form part of the revenue of the urban
authority.

(2) The fees for assurance of title shall be part of the

Consolidated Fund.

91. Special powers of registrar.

(1) Subject to the Registration of Titles Act, the registrar shall,

without referring a matter to a court or a district land tribunal, have power
to take such steps as are necessary to give effect to this Act, whether by
endorsement or alteration or cancellation of certificates of title, the issue of
fresh certificates of title or otherwise.

(2) The Commissioner shall, where a certificate of title or Amended by the

instrument— Land
(a) is issued in error; (Amendment)
(b) contains a wrong description of land or Act, 2004,
boundaries; deemed to have
come into force
on 18th March
2004.
 (c) contains an entry or endorsement made in
error;
(d) contains an illegal endorsement;
(e) is illegally or wrongfully obtained; or
(f) is illegally or wrongfully retained,

Give not less than twenty one day’s notice, of the intention to take
the appropriate action, in the prescribed form to any party likely Amended by
to be affected by any decision made under this section; the Land
(Amendment)
(2a) The Commissioner shall conduct a hearing, giving the Act, 2004,
interested party under subsection (2) an opportunity to be heard deemed to
in accordance with the rules of natural justice, but subject to that have come into
duty, shall not be bound to comply with the rules of evidence force on 18th
applicable in a court of law. March 2004.

(2b) Upon making a finding on the matter, the Commissioner shall

communicate his or her decision in writing to the parties, giving
the reasons for the decision made, and may call for the duplicate
certificate of title or instrument for cancellation, or correction or
delivery to the proper party.

(3) If a person holding a certificate of title or instrument referred

to in subsection (2) fails or refuses to produce it to the registrar within a
reasonable time, the registrar shall dispense with the production of it and
amend the registry copy and where necessary issue a special certificate of
title to the lawful owner.

(4) The registrar may—

(a) correct errors in the Register Book or in entries made in
it;
(b) correct errors in duplicate certificates or instruments; and
(c) supply entries omitted under this Act.

(5) The registrar may make amendments consequent upon

alterations in names or boundaries but in the correction of any such error or
making of any such amendment shall not erase or render illegible the
original words.
 (6) Upon the exercise of the powers conferred on the registrar
under subsection (5), the registrar shall affix the date on which the
correction or amendment was made or entry supplied and shall initial it.

(7) Any error or any entry corrected or supplied under this

section shall have the same validity and effect as if the error had not been
made or entry not omitted.

(8) In the exercise of any powers under this section, the registrar
shall—
(a) give not less than twenty-one days’ notice in the prescribed form
to any party likely to be affected by any decision made under
this section;
(b) provide an opportunity to be heard to any such party to whom a
notice under paragraph (a) has been given;
(c) conduct any such hearing in accordance with the rules of natural
justice but subject to that duty, shall not be bound to comply with
the rules of evidence applicable in a court of law;
(d) give reasons for any decision that he or she may make.

(9) The registrar shall communicate his or her decision in

writing to the parties and the committee.

(10) Any party aggrieved by a decision or action of the registrar

under this section may appeal to the district land tribunal within sixty days
after the decision was communicated to that party.

(11) Where the registrar has cancelled a certificate of title or an

entry in the Register Book, a party in whose favour the cancellation is made
shall not transfer the title until the expiry of the time within which an appeal
may be lodged; and where an appeal is lodged against the cancellation, he
or she shall not transfer the title until the determination of the appeal.

(12) The party who lodges an appeal under this section shall take
steps
to ensure that the registrar and the other party are served with the notice of
appeal.
 (13) Where the person who appealed under this section fails to
prosecute the appeal, the tribunal shall, on application by any other party to
the appeal, strike out the appeal.

92. Offences and penalties.

(1) A person who—

(a) being a noncitizen, acquires land in freehold using fraudulent
means;
(b) makes a false declaration in any manner relating to land;
(c) wilfully and without the consent of the owner occupies land
belonging to another person; or
(d) being a member of the land tribunal, a board, a committee,
solicits or receives any payment from any person to whom any
service is rendered under this Act being payment which the
member is not authorised to collect or receive under this Act,
commits an offence.
(e) Attempts to evict, evicts, or participates in the eviction of a Amended by the
lawful or bonafide occupant from registered land without an Land
order of eviction; (Amendment)
(2) A person convicted of an offence specified in subsection Act, 2010,
(1)(a) is liable to a fine not exceeding one thousand currency points or deemed to have
imprisonment not exceeding three years or both. come into force
on 12th February
(3) A person convicted of an offence specified in subsection 2010.
(1)(b) is liable to a fine not exceeding twenty-five currency points or
imprisonment not exceeding one year or both.

(4) A person convicted of an offence specified in subsection

(1)(c) is liable to a fine not exceeding ninety six currency points or Amended by the
imprisonment not exceeding four years or both. Land
(Amendment)
(5) A person who commits an offence under subsection (1)(d) is Act, 2010,
liable upon conviction to a fine not exceeding twenty-five currency points deemed to have
or imprisonment not exceeding six months or both. come into force
on 12th February
2010.
 (5a) a person convicted of an offence specified in subsection
Amended by the
(1) (e) is liable on conviction to imprisonment not exceeding seven
Land
years.
(Amendment)
Act, 2010,
(5b) a person is convicted under subsection (5a), the court
deemed to have
may-
come into force
on 12th February
(a) Order that person to pay compensation or damages to the
2010.
person who was evicted; or
(b) Make an order for restitution in favour of the person who
was evicted

(6) A court convicting a person of an offence to which

subsection (4) relates may, in addition, issue a warrant addressed to a police
officer requiring the officer immediately and subject to such conditions as
the court may impose to—
(a) enter upon the land which was the subject of the conviction;
(b) dispossess and remove from the land the person convicted
together with his or her family, dependents and servants;
(c) take possession of the land on behalf of the owner, together with
crops growing on the land and buildings and other immovable
property;
(d) hand over the property to the owner immediately after taking
possession.

(7) No order shall be made under subsection (6)(c) if the court

is satisfied that some person other than the person convicted or his or her
family, dependents or servants is in lawful possession of the land.

93. Regulations.
Amended by
(1) The Minister may, by statutory instrument, make the Land
regulations for better carrying into effect of the provisions of this Act, (Amendment)
and such regulations shall be laid before Parliament within two months Act, 2004,
after publication in the Gazette. deemed to have
come into force
(2) Without prejudice to the general effect of subsection (1), on 18th March
regulations made under this section may— 2004.
 (a) prescribe the procedure to be followed in the alienation of
freehold and leasehold and the terms and conditions of any such
grant;
(b) fix fees to be charged for the preparation of any documents for
or in connection with any disposition or dealing in land;
(c) fix charges to be made by a board or commission in respect of
agreements or other documents for the occupation of land; and
(d) prescribe anything to be prescribed under this Act.

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.

(1) An interim district land board established under section 7 of

the Constitution (Consequential Provisions) Statute shall continue in
existence until the board established by the Constitution and referred to in
this Act is appointed.
(2) The board referred to in subsection (1) shall be appointed
within six months from the date of the coming into force of this Act.

(3) On the coming into force of this Act, a former controlling

authority shall cease to deal with any land matter, which was pending before
it, and any such matter shall be transferred to the board.

(4) A person whose lease had expired by the time of the coming
into force of the Constitution and who had partially or fully developed the
land, shall be entitled to a fresh grant upon application to the board.

(5) Where any case relating to a land dispute was pending before
the High Court prior to coming into force of this Act, that case shall continue Amended by the
to be heard by the High Court until completion. Land
(Amendment)
(6) Where any case relating to a land dispute was pending Act, 2001,
before a Magistrates’ Court or a Local Council Court prior to the deemed to have
coming into force of this Act, the case shall continue to be heard by the come into force
Magistrates’ Court or the Local Council until completion. on 2nd July 2001.
 (7) Until the Land Tribunals are established and commence
to operate under this Act, Magistrates’ Court and Local Council
Courts shall continue to have the jurisdiction they had immediately Inserted by the
before the commencement of this Act. Land
(Amendment)
(8) Any person who immediately before the commencement Act, 2001,
of this Act had a right to appeal to a Magistrate’s Court or Local deemed to have
Council Court in respect of a land dispute but could not exercise that come into force
right owing to the provisions of subsection (7) of this section as they on 2nd July 2001.
stood at the commencement of this Act, shall, notwithstanding anything
to the contrary, have the right to appeal to that court.

(9) Pending the survey and registration of land used or set Inserted by the
aside for use by the Government or by any other public body before the Land
coming into force of this Act by or to the orders of the Commission, the (Amendment)
land occupied or used by the Government or any other public body Act, 2004,
together with the reasonable curtilage to that land shall remain vested deemed to
in the Commission for the same estate or interest as immediately before have come into
the enactment of this Act. force on 18th
March 2004.
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.

_____

Schedule.
ss. 1, 94.
Currency point.

A currency point represents twenty thousand Uganda Shillings.

_____

History: Act 16/1998; Act 3/2001.

Cross References
Animal Diseases Act, Cap. 38.
Ankole Landlord and Tenant Law of 1937.
Busuulu and Envujjo Law of 1928.
Cattle Grazing Act, Cap. 42.
Constitution of 1995.
Constitution (Consequential Provisions) Statute, Statute 12/1996.
Forests Act, Cap. 146.
Land Acquisition Act, Cap. 226.
Land Act, Act 16/1998.
Land Reform Decree, Decree 3/1975.
Magistrates Courts Act, Cap. 16.
Mining Act, Cap. 148.
Mortgage Act, Cap. 229.
National Environment Act, Cap. 153.
Public Lands Act, Act 13/1969.
Registration of Titles Act, Cap. 230.
Roads Act, Cap. 358.
Toro Landlord and Tenant Law of 1937.
Town and Country Planning Act, Cap. 246.
Uganda Citizenship Act, Cap. 65.
Uganda Wildlife Act, Cap. 200.
Water Act, Cap. 152.
1900 Uganda Agreement.

_____