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    Freehold and Leasehold in Brief

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    Fortune Raymond
    The document discusses the freehold and leasehold land tenure systems in Uganda's history and under current law. It notes that freehold has traditionally been the preferred tenure as it provides perpetual ownership rights. It describes how freeholds were granted under agreements in the 1900s and under the 1995 Constitution and Land Act. The document also outlines how leaseholds have been used to grant temporary land occupation, including through historical land policies and ordinances. It discusses the provisions for leaseholds under current law and some issues that can arise, such as challenges in converting leaseholds to freeholds.

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    Freehold and Leasehold in Brief

    Uploaded by

    Fortune Raymond
    34 views9 pages
    The document discusses the freehold and leasehold land tenure systems in Uganda's history and under current law. It notes that freehold has traditionally been the preferred tenure as it provides perpetual ownership rights. It describes how freeholds were granted under agreements in the 1900s and under the 1995 Constitution and Land Act. The document also outlines how leaseholds have been used to grant temporary land occupation, including through historical land policies and ordinances. It discusses the provisions for leaseholds under current law and some issues that can arise, such as challenges in converting leaseholds to freeholds.

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    The document discusses the freehold and leasehold land tenure systems in Uganda's history and under current law. It notes that freehold has traditionally been the preferred tenure as it provides perpetual ownership rights. It describes how freeholds were granted under agreements in the 1900s and under the 1995 Constitution and Land Act. The document also outlines how leaseholds have been used to grant temporary land occupation, including through historical land policies and ordinances. It discusses the provisions for leaseholds under current law and some issues that can arise, such as challenges in converting leaseholds to freeholds.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    34 views9 pages

    Freehold and Leasehold in Brief

    Uploaded by

    Fortune Raymond
    The document discusses the freehold and leasehold land tenure systems in Uganda's history and under current law. It notes that freehold has traditionally been the preferred tenure as it provides perpetual ownership rights. It describes how freeholds were granted under agreements in the 1900s and under the 1995 Constitution and Land Act. The document also outlines how leaseholds have been used to grant temporary land occupation, including through historical land policies and ordinances. It discusses the provisions for leaseholds under current law and some issues that can arise, such as challenges in converting leaseholds to freeholds.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 9

    THE FREEHOLD SYSTEM

     Always been the preferred tenure –gives perpetual rights of ownership


    In History;
     Distributions in freehold under the 1901 Ankole and 1900 Toro Agreements ( In
    Toro, it was to the omukama of Toro and chiefs)
     Adjudicated freeholds; in Ankole and Toro for the customary land holders to
    verify their holdings and acquire freehold certificates of title.
     Native freeholds; arise from the distribution schemes in Ankole and Toro
    Agreements giving land to chiefs; attached to their offices.
     Since there were customary holders of land alienated in freehold to new landlords,
    there was a need to protect the tenants or regulate their relationship with the
    landlords.

    RN. Mak SoL- Foundations of Land Law, 2023/4


    In history cont.

     The Ankole and Toro Landlord and Tenant Laws of 1937 were
    passed for this purpose.
     1903 Crown Lands Ordinance, the Governor was empowered to
    alienate some of the Crown land to individuals or groups in
    freehold, mainly to the “progressives” who would use it for
    development purposes.

    RN. Mak SoL- Foundations of Land Law, 2023/4


    Freehold under the Const. & L/A

     Article 237 (3) (b)


    Modified under the L/A.,
     Sec. 3 (2) (a)- it may be less than perpetuity
     Sec 3 (3) – may have conditions

    Preferred tenure
     See the 1989 study by MISR and the Land Tenure Center –Wisconsin
    (recommending it for Ug.)
     As seen in Sec.9, 10 L/A. (possibility to replace customary tenure)

    RN. Mak SoL- Foundations of Land Law, 2023/4


    LEASEHOLD SYSTEM

     Usually for temporary occupation and use of land- exclusive possession


    In history:
     Leases on Public land (Public Lands Act 1969 and Land Reform Decree
    1975
     On private land (Mailo before the LRD-1975)
     Crown Lands Ordinance Sec. 2 power in the governor to grant leases
     PLA 1969, the Commission in Charge
     LRD Sec. 1 (1) all land declared public land
     Sec. 2 only the commission had a perpetual interest all the rest were to
    be leases

    RN. Mak SoL- Foundations of Land Law, 2023/4


    Leases in history cont.

     LRD sec.10, leases transferable with consent of the Commission

     LRD sec 15-16 Land Tribunals set up with an appellate structure to


    deal with disputes

    RN. Mak SoL- Foundations of Land Law, 2023/4


    Leases under the 1995 Constitution and L/A

     Const. article 237 (1) (3) (d)


     Const. article 237 (2) (c ), most appropriate tenure for non-citizens&
    Land Act Sec . 40
     Land Act sec. 3 (5) (a)- (e)
     Conversion of leaseholds to freeholds; Land Act sec.28
     Regulation 14, Form 5 is used
     What are the practical issues that arise from sec 28 above?
     Was the provision well intentioned?
    RN. Mak SoL- Foundations of Land Law, 2023/4
    Leaseholds cont.

     Land held by the commission can be applied for in


    Freehold- Regulation 16
     Are leases the best option through which public land can
    be accessed/used ? Why
    What are the practical challenges to grants of public land
    in leaseholds?

    RN. Mak SoL- Foundations of Land Law, 2023/4


    Think through -

    The case for law reform; Does Uganda need a uniform land
    tenure system? If so which one and why?

    RN. Mak SoL- Foundations of Land Law, 2023/4


    The End, Thank You

    RN. Mak SoL- Foundations of Land Law, 2023/4

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