Faolex

MFN:079962
Record Identifier:LEX-FAOC096350
Date of Entry:2010-08-04
Initials - Entry:hup
Initials - Modify:dba
Record Status:C
Major Record:Y
Domain(s):EN; LA; WA
Primary Subject(s):LA-Land & soil
Country:Uganda
Language of the FAOLEX Record:E
Language of Received Document:English
Title of Text:Land Act (Cap. 227).
Long Title: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.
Type of Text:L
MCK verified:Y
Main/classifying keywords:344
land tenure
Keywords (EN):709; 710
land-use planning; protected area
Keywords (LA):002; 114; 341; 359; 344; 099; 350; 304; 242; 244; 037; 351; 987; 820; 345; 821; 839
basic legislation; institution; land reform; cadastre/land registration; land tenure; special fund; lease; contracts; court/tribunal; dispute settlement; traditional rights/customary rights; common property; pastoralism; gender; transfer rights ; governance; property rights
Keywords (WA):211; 245; 238
water abstraction; water rights; ecosystem conservation
Comments:Consolidated version of Act No. 16 of 1998 amended by the Land (Amendment) Act 2001, The Land (Amendment) Act 2004, and The Land (Amendment) Act 2010.
Enactments listed in section 99 are repealed.
Date of Original Text:1998-07-02
Last Amended Date:2010
Amended by:[ LEX-FAOC140214] - Land (Amendment) Act, 2010 (No. 1 of 2010). 2010-06-01
Amended by:[ LEX-FAOC140209] - Land (Amendment) Act, 2004. 2004-03-18
Amended by:[ LEX-FAOC140208] - Land (Amendment) Act, 2001 (Cap. 227). 2001-02-01
Supersedes:[LEX-FAOC019682] - Land Act (No. 16 of 1998). 1998-07-02
Related Web Site:www.ulii.org; barefootlaw.org
Related Files: uga96350.pdf
Abstract:This Act makes provision with respect to a wide variety of matters regarding land in Uganda such as land tenure, customary ownerhip, grant of land in freehold, management of communal land, management of land by the Uganda Land Commission, land-use control and functioning of land tribunals.

Sections 2 declares all land in Uganda to be vested in its citizens and divides land tenure systems into 4 categories: customary; freehold; mailo; and leasehold. Section 3 defines these titles in detail. Mailo tenure is a form of tenure that permits the separation of ownership of land from the ownership of developments of the land made by a lawful or bona fide occupant. A certificate of customary ownership may be acquired by persons holding former public land in customary tenure under section 4. A Land Committee established under section 64 of the Act shall process applications for such certificate in accordance with section 5. A District Land Board established under the Constitution shall decide on granting of a certificate on the basis of advice of a Committee under section 8. Section 9 concerns the conversion of customary titles in freehold titles. Sections 11 to 15 prescribe procedures for the granting of land in freehold. Decisions under sections 9 and 10 shall be registered by the Registrar of Titles under section 14. Communal land associations may be formed by a group of persons in accordance with sections 15 to 19. The establishment of such association shall be controlled by the Registrar or Titles and the association shall be managed by a managing committee. Disputes shall be resolved by the Registrar in accordance with section 20. The Association shall set aside land for common use (sect. 23) and manage such land in accordance with rules laid down in sections 24 to 26. The area set-aside shall be managed in accordance with a common land use scheme. Section 28 provides for the conversions of leasehold titles in freehold titles, whereas section 29 defines lawful occupant and bona-fide occupant . Section 30 to 38 concern some rights and duties of occupants of land including paying rent, security of tenancy, option to purchase, and identification of the owner. Sections 39 and 40 contain rules regarding transfer of land. A Land Fund is established under section 41. The Fund shall be managed by the Uganda land Commission established under the constitution. Section 44 provides for the holding in trust of land of environmentally sensitive areas including wetlands, forest reserves, national parks, by the Government or local government. The Uganda Land Commission is established as a body corporate (sect. 46); its functions are defined in section 50, and its powers in section 53. District Land Boards shall be established for each district under section 56. These Boards shall hold and allocate land in a district in accordance with section 59. In each parish Land Committees shall be established under section 64. Section 70 concerns the reservation of rights in springs, rivers, lakes, etc. by the Government subject to section 44. In each district a Land Tribunal shall be established in accordance with section 74. Jurisdiction of such courts is defined in section 76. Tribunals shall also be established for sub-counties and gazetted urban areas (sects. 80 and 81). Section 89 spells out the function of Mediators appointed by Land Tribunals. Miscellaneous provisions deal with matters of registration, offences, and regulation making powers of the Minister responsible for lands.