Uganda's Land Tenure Systems
Uganda's Land Tenure Systems
Volume 51 Issue 12
Nampwera Chrispus
Recommended Citation: Nampwera Chrispus (2022); “Uganda’s Land Tenure Systems and Their Impact on
Development” Volume 51 Issue 12, Makerere Law Journal, pp. 1- 29.
Volume 51 Issue 12
Nampwera Chrispus*
ABSTRACT
1.0 INTRODUCTION
According to the Food and Agriculture Organisation, land tenure is the
relationship, whether legally or customarily defined, among people as
individuals or groups concerning land. Land tenure as an institution refers to
rules invented by societies to regulate behaviour which define how property
rights to land are to be allocated within societies. They also define how access
is granted to rights of use, control, and transfer of land, as well as associated
responsibilities and restraints. In simple terms, land tenure systems
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Uganda’s Land Tenure Systems and Their Impact on Development
determine who can use what resources, for how long and under what
conditions.1
There was no umbrella land tenure system for Uganda in the pre-colonial era,
because of the varying practices of customary tenure that differed from one
ethnic group to another.2 In Buganda for instance, the rights of clans over
land were comprised of ancestral grounds and not alienable to strangers,
while the Kabaka held a paramount title to all land in Buganda. Scholarly
researchers have however indicated that whatever the differences, none of the
communities in Uganda recognized individual ownership of land.3
The individual only had the right to utilize the land as he/she thought best.
He could rent it out, pledge crops on the land (but not the land itself), sell
land subject to the approval of the family, dispose of the land according to the
customary laws of inheritance and dispose of trees growing on the land,
among others.
The 1995 Constitution of Uganda and the Land Act then introduced a land
regime, which not only recognized everyone’s right to own land, but also
provided for tenures as means of land ownership. The Uganda National Land
Policy was also adopted, which recognizes the role of land in development and
its ability to transform the Ugandan peasant society into a modern,
1 Lilian Mono W Oryema; Changing Face of Land Tenure in Uganda: Period before 1900
to date. <https://www.researchgate.net/publication/307631527> Accessed 4
February 2022
2 Margaret Rugadya; Land use and villagisation 1999 land reform: the Ugandan
experience
3 supra note 1
4 ibid.
5 supra note 2
Volume 51 Issue 12
Secure property rights are important. They give confidence to individuals and
businesses to invest in land, enable borrowing using land as collateral, enable
governments to collect taxes, are essential for urban development and are
crucial for private sector development.
This article discusses the origins and incidents of the four land tenure
systems in Uganda, their continued impediment on development that would
otherwise be through investments, agricultural production and productivity,
access to credit, empowering women among others. The paper also discusses
the current land regime, makes recommendations regarding secure tenure
and then the conclusion.
The Ministry of Lands, Housing and Urban Development, claims that 68.6
percent of all households are on customary land, 18.6 percent on freehold,
9.2 percent on mailo and 3.6 percent on leasehold.9
6 Article 237(1)
7 Article 237(3)
8 Section 3 of the Land Act Cap 227
9 A 2010 statistical abstract from the Ministry basing itself on the 2002 Uganda
Population and Housing Census Analytical Report
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Uganda’s Land Tenure Systems and Their Impact on Development
10 supra note 1
11 Article 15 of the Agreement
12 Section 3(4) of the Land Act.
13 Section 3(2) of the Land Act.
14 Section 24(4) of the Ordinance
15 supra Note 11
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titles would be granted out of that land.16 Leasehold has since independence
in 1962, been granted from public land vested in the government (the state).
It is a tenure system which makes access to land on contract possible.17 The
above individualization of ownership of the land changed the focus of land
use in Uganda from communal grazing and farming, into a means of
supporting the industrial revolution in Europe and America, and it was the
case, at least until the enactment of the Public Land Act 1969.
Justice Mubiru has noted that under section 11 (1) (a) of the 1962 Act, all
"Public Land" (land that had not been demised by way of lease under the
provisions of The Crown Lands Ordinance, 1903), was vested in the Uganda
Land Commission.18
Then came the 1975 Land Reform Decree which vested all land in Uganda in
the state in trust for the people to facilitate its use for economic and social
development. It also declared all land in Uganda public land to be
administered by the Uganda Land Commission, and abolished freehold
interests in the land, except those where this interest was vested in the State
through the Commission. In addition, all mailo ownership, which existed
immediately before the enactment of the decree, was converted into leasehold
for 199 years for public bodies and 99 years for individuals.19
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Uganda’s Land Tenure Systems and Their Impact on Development
For example, it was impossible to specify the percentage of land that had to
be cultivated in a particular period or crops to be planted because there were
many variables such as the ecology of the land, weather patterns, and value
of the land. Moreover, the cost of enforcing the conditions was likely to be
disproportionate to the benefit.24
The other main criticism of the Decree was that it rendered the status of
customary tenants vulnerable and caused panic throughout the country with
landowners fearing losing their land to the rich and well connected people.
This made the Decree’s implementation partial, because it was politically
unpalatable.25
With all free land converted into leaseholds, there was no tenure security, and
evictions from land became rampant. Customary occupants could be evicted
at any time, despite the condition of payment of compensation prior, as the
decree empowered the government to lease any land occupied by customary
tenants to any person (including the occupants) without the consent of the
occupants. According to Mugambwa, during its existence, government
activities were almost at a standstill and it was not until the mid-1980s when
relative peace was reinstated and indeed, the government declared land
tenure reform one of its major policy initiatives.26
This was the case until 1995 when Uganda created a legal framework for the
registration and recognition of the prevailing customary land tenure.
Legislation and policies have also since been put in place promoting official
land titles and modernizing land law for customary ownership and land
governance.27
24 ibid
25 ibid
26 Supra Note 23
27 supra Note 14
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Uganda’s Land Tenure Systems and Their Impact on Development
The current land laws’ primary objective is to operationalise the land reforms
in the 1995 Constitution, the latter having brought about fundamental
reforms in ownership, tenure management and control of land in Uganda. At
the forefront is Article 237 of the Constitution, which provides that land shall
belong to the citizens of Uganda and shall vest in them in accordance with
the four tenure systems. This provision is reiterated in section 3 of the Land
Act. This position totally reverses the old system where land was vested in the
state. The state no longer controls ownership of land in Uganda.29
The current land regime also recognises people’s right to hold communal land,
form themselves into a communal land association, form a common land
management scheme by which the members agree to manage the communal
land and to set out their rights and duties. Under the Land Act, 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.30
At the start of the reform process, it was stated that the most appropriate
goals for tenure reform in Uganda were that the land tenure law and practice
The Land Act, which provides for land reform, therefore has far reaching
implications on development, as it aims to do this through functioning land
markets, establishing security of tenure, and ensuring sustainable utilization
of land to bring about development.34 These aspects will be discussed herein
below. Because land is important for both human and economic
activities, land governance is essential for development and growth.
32 supra note 2
33 John Anthony Okuku; The Land Act (1998) and land tenure reform in Uganda. Africa
Development, Vol. XXXI No.1 2006 pp 1-26.
34 ibid
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Uganda’s Land Tenure Systems and Their Impact on Development
Land tenure, meanwhile, determines who can use land, for what and how
long, and under what conditions. Tenure arrangements may be based both
official laws and policies and on informal customs. If those arrangements are
secure, users of land have an incentive to not just implement best practices
for their use of it, but also, to invest more.40
Secure property rights and efficient land registration institutions are therefore
a cornerstone of any modern economy.41 They give confidence to individuals
and businesses to invest in land, allow private companies to borrow using
land as collateral and expand job opportunities. They enable governments to
collect property taxes necessary to finance the provision of infrastructure and
services to citizens.42
With land at the heart of development therefore, secure land tenure is vital to
building inclusive, resilient, and sustainable communities that will propel
economic and social progress well into the future. The National Land Policy
2013 recognizes the role of land in development and its ability to transform
The policy is to the effect that this can be done through poverty reduction,
wealth creation, and socio-economic transformation. This has however been
hindered by the existence of multiple interests over the same land, tribal land
disputes, evictions, land grabbing, fraud, undue utilization, land
fragmentation, environmental degradation, and ineffective dispute resolution
mechanisms among others.43
Note that commercial dealings and population growth has intensified demand
for formal recognition of land claims especially those transacted through
market mechanisms, for example, tenancies purchased in urban areas or for
land purchased in rural areas.44 There is also evidence that tenure insecurity
does have an impact on land use. For instance, compared with weak or
insufficient property rights, tenure security increases credit use through
greater incentives for investment, improved creditworthiness of projects, and
enhanced collateral value of land.
When land tenure and property rights are secure, individuals can make
investments, secure credit, sell land, and make longer-term decisions about
agricultural practices. On the other hand, in developing countries (like
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Uganda’s Land Tenure Systems and Their Impact on Development
In rural areas, secure land tenure could lead to economic growth by allowing
farmers to invest in better seeds or tools, see returns on those investments,
making it easier to gain credit to finance investments in agriculture or other
entrepreneurial activity. It may also free farmers to choose whether they want
to use their land for agriculture, or lease it to someone else and pursue an
alternate livelihood. This attracts the external investment necessary for
broad-based economic growth.
From the foregoing, it is clear secure tenure will stimulate economic growth
and development through increased agricultural productivity, investments
and a more competitive and rewarding land market.
48 ibid
49 Ibid
50 Institutions, Social Norms and Economic Development, Jean Philipe Platteau, 2000.
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Uganda’s Land Tenure Systems and Their Impact on Development
4.3 Agriculture
Secure land rights are an important pillar in agriculture.53 Agriculture is the
backbone of Uganda’s economy and the most important source of income and
livelihood for the predominantly rural Ugandan population. In just 2020,
agriculture contributed around 23.93 percent to Uganda’s Gross Domestic
Product,54 while according to the International Trade Administration, in the
fiscal year 2020/2021, agriculture accounted for 31 percent of Uganda’s total
export earnings.
51 MAAIF 2010: 39
52 supra note 15.
53 <https://twitter.com/intent/tweet?text> Accessed 13 December 2021.
54 <https://www.statista.com Accessed 13 December 2021.
55 <https://tradingeconomics.com.> Accessed 11th December 2021
56 <https://www.trade.gov/country-commercial-guides/uganda-agricultural-sector.>
Accessed 16 December 2021.
57 Agriculture: A Driver of growth and poverty reduction. The World Bank. Accessed at
<https://www.worldbank.org > Accessed 26 April 2022.
Volume 51 Issue 12
Such linkages between growth in the agricultural sector and the wider
economy can then enable developing countries to diversify to other sectors
where growth is higher and wages are better. In Uganda’s first Poverty
Eradication Action Plan (PEAP) in 1996 – 1997, access to land and sustainable
use of land was recognized as critical issues for enabling the poor to increase
their incomes. The strategies included in the plan recognized tenure security
particularly that of smallholders, women, and tenant farmers, as a key
objective of government policy towards land.
The plan based its strategy on the argument that tenure insecurity was a
barrier to increased production by smallholders. In addition, the lack of
acceptability of rural land as collateral by the banking system was believed to
be a problem. Second, there is proof that as agricultural productivity
increases, other sectors also develop and countries are less dependent on
agriculture for their economy.
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Uganda’s Land Tenure Systems and Their Impact on Development
living.61 It is estimated that roughly 2.5 billion people around the globe survive
on less than 2 dollars a day, and about three-quarters of them live in rural
areas and are dependent on the land they cultivate to survive. Yet, around 1
billion of them do not have secure rights to the land they till.62
Land reform has been established as having potential impacts on all the four
PEAP goals of creating an enabling environment for rapid and sustainable
economic growth, good governance, direct income-enhancing actions, and
direct enhancement of the quality of life of the poor. This, and more, justify
why, the World Bank, with current commitments of approximately 1.5 billion
dollars, has supported more than 50 countries over the last 25 years to
improve land tenure security. This has been through policy and legal support,
institutional and capacity development, and financing efforts for land titling
and digitalizing land registration systems, in addition to analytical products
and technical assistance to many countries.63
From the above, it is clear that most of Uganda’s households depend directly
or indirectly on agriculture creating a link between land and economic activity
and justifying land tenure effects on agricultural productivity and investment
and the need for secure tenures.
66 J. Bosworth: Integrating land issues into the broader development agenda: Uganda.
<https://www.fao.org/3/y5026e/y5026e0f.htm> Accessed 26 April 2022
67 Laura Tuck and Wael Zakout: 7 Reasons for land property rights to be at the top of the
world agenda. <https://blogs.worldbank.org> Accessed 5 December 2021
68 supra note 63
69 <https://documents.worldbank.org> Accessed 19 December 2021
70 supra note 64
71 <https://blogs.worldbank.org/> Accessed 19 December 2021
72 The Current Aid Framework: Agriculture & Rural Development Investments;
Agriculture and its contribution to poverty reduction. <https://www.soas.ac.uk>
Accessed 27 April 2022.
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Uganda’s Land Tenure Systems and Their Impact on Development
this critical productive asset is severely limited and the manner of accessing
land for women perpetuates social and economic inequality.73
There are direct links between women's land tenure insecurity and household
food insecurity. At the household level for example, there are growing
indications that gender divisions of labor and control of income tend to
undermine food security where the expansion of cash crops is at the expense
of food crop cultivation.75 The gender distribution of land rights has been
linked to this phenomenon, specifically because where women own land or
have a stronger stake in decision-making on the family farm, they also have
a higher degree of control over production and income from cash crops.76
This therefore means low incentives to produce, exacerbates poverty and food
insecurity as women who provide 80 percent of farm labor in the country own
and control a paltry 7 percent of the land. With that, there is no way we can
transform the poor society into an industrialized and modernized economy,
create wealth and achieve socio-economic development.
73 ibid
74 ibid
75 Ovonji-Odida et al., 2000
76 ibid
77 <https://twitter.com/intent/tweet?text=> Accessed 2 February 2022
78 Why #landmatters for economic development; Deborah Horan.
<https://www.devex.com> Accessed 13 December 2021
Volume 51 Issue 12
Bank, it is simply not possible to end poverty and boost shared prosperity
without making serious progress on land and property rights.79
Land tenure insecurity therefore represents one of the major challenges that
people in developing countries like Uganda face. The majority, who are small-
scale farmers, especially women, work on land that they do not own,
exacerbating their poverty, lack of political power, and equal recognition of
basic rights.84 Insecure land tenure rights in Uganda, for instance, make
farmers shun long-term investments on land which could otherwise help them
manage resources sustainably.
In this section, discussed is how Uganda’s land tenure systems have affected
land rights, investment, productivity, and development.
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Uganda’s Land Tenure Systems and Their Impact on Development
convert into a freehold title. This certificate has also been accorded value
under the Land Act enabling it to be transferred, mortgaged, or pledged,
enabling holders to have access to credit.
These include land grabbing, because the customary land owner cannot easily
prove their ownership, difficulty in establishing interest over the land,
difficulty in establishing which of the multiple interests take precedence over
the other, high chances of encroachment among others.89 Customary tenure
limits development because the land is not documented and hence not
available for planning. More so, some customs such as those prohibiting sale
of land outside the clan do not promote the maximum utility of land inhibiting
development.90 Customary tenure does not encourage record keeping, which
makes the resolution of disputes and the approval of any development plans
difficult or impossible.
The tenants can acquire certificates of occupancy on the land they occupy,
and if they so wish, can negotiate with the registered owner to be able to
acquire a freehold title.92 They are to pay the registered owner of the land a
ground rent, and failure to do this for two consecutive years may lead the
tenant to lose their security if they do not have sufficient reasons for
defaulting.
The registered owner cannot ask the tenants for anything except the amount
provided for the certificate of occupancy, and the certificate can also be
mortgaged, pledged, or transferred. The tenant also has a right to pass on
their tenancy in a will.93 The Land Act of 1998 made clear the tension between
90 Brian Makabayi and Moses Musinguzi; To What Extent Have the Existing Land Tenure
Systems Affected Urban Land Development?
91 supra note 63
92 Section 29 of the Land Act
93 Sections 34 and 35 of the Land Act
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Uganda’s Land Tenure Systems and Their Impact on Development
the landlord (who is the ultimate owner of the land) and the tenant (who is
the current user of the land).
These conflicting rights make it hard for landlords to develop their land even
when they are financially able, which weakens the powers of the landlords
over their land, and of course, hard for tenants because they are not ultimate
owners of the land.94
The issue of willing buyer-willing seller coined in the Act further complicates
the transfer of land from one person to another. Where the landlord might
wish to buy the tenant off the land, the tenant must be willing to sell their
rights to use the land and vice-versa. Moreover, tenants have failed to develop
land, out of fear that the landlords will one day evict them; likewise, landlords
cannot develop the land because they cannot evict the tenants.
This standoff has inhibited land markets in urban areas where purchasers
have trouble purchasing secure property holdings. This land use deadlock
has also inhibited land development, investment and productivity, delaying
the country’s transformation into a modernised economy.
5.3 Squatters.
Lawful and bona fide occupants or tenants enjoy security of occupancy and
in return, pay annual ground rent to the Landowner. They may acquire a
Certificate of Occupancy by applying for it through the Landlord, and with the
permission of the landlord, may sublet or subdivide the land they occupy.95
On the other hand, squatters are illegal occupants and are not protected by
any law.
5.4 Legislation
Uganda’s legislation relating to registration, surveying, and land acquisition
is outdated and not suited to the current needs of landowners and users. The
requirements for obtaining certificates of title, for instance, have made the
process of acquiring registered title, registering subsequent transactions and
transfers difficult and costly, with the addition of bureaucratic inefficiency.
The 1993 Constitutional Commission reported that many people had given up
trying to obtain titles to their land because of corruption in the land office.
Underfunding and underinvestment, together with lack of qualified personnel
in some areas also hamper efficiency further, particularly due to the poor
condition of records and maps and lack of equipment.
From the foregoing, it is clear this may undermine the whole notion of
development through privately owned land.
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Uganda’s Land Tenure Systems and Their Impact on Development
6.0 RECOMMENDATIONS.
The link between secure land rights and economic development became more
and more recognized in the international development community, so much
so that there is the inclusion of land rights as a goal in the post-2015
development agenda.97 In the premises, these recommendations are made:
Of importance are policy and legal framework, sustainability of land use, land
tenure and protection of land rights, land administration and land
information, decentralization, and sector efficiency and self-sufficiency.98
There is therefore need to reform land tenure, including legal and regulatory
reforms that might need consolidation, and/or harmonizing the existing laws,
and institutional capacity building to reduce on the bureaucracy associated
with land transactions.
Tiernan Mennen: Know your SDGs: Land matters for sustainable Development.
Accessed at <https://chemonics.com/blog>
98 <https://www.fao.org/> Accessed 26th December 2021
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Sensitizing citizens makes them aware of their rights, aware of the laws and
policies that relate to land, creating responsive and accountable institutions.
That is what ends up driving economic growth in the end.
By contrast, for farmers in the Sahel, where farmers have secure access to
communal lands, had successfully maintained an estimated 200 million new
trees in the last 20 years, leading to richer soil and less wind erosion. In Niger
and Burkina Faso, farmers dug in hardened soil to plant manure that would
soften the ground, eventually restoring some 500,000 hectares of barren and
degraded land.
If they didn’t have secure rights, they wouldn’t have been motivated to invest
all their labor and energy in it. Land tenure is a very complex and political
issue but very vital for the future.
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Uganda’s Land Tenure Systems and Their Impact on Development
7.0 CONCLUSION.
Today, land transfers are one of the most contested issues in Uganda. In the
wake of development strategies in the country, the power to control and to
use land in Uganda is seen as an impetus to investors for both agricultural
and industrial development. A good land tenure system, at least for Uganda,
ought to support agricultural development through the function of the land
market, which permits those who have rights in land to voluntarily sell their
land, and for progressive framers to gain access to land. A good land tenure
system ought to protect people’s rights in the land and especially those who
have no other way to earn a reasonable living or to survive.
Both the 1995 Constitution and the Land Act have gone a long way in
providing security of tenure to all land users including customary, bonafide
and lawful tenants, resolving the impasse between registered land owners and
tenants by occupancy and recognising customary tenure as legal tenure equal
to other tenures. They have provided an institutional framework for the
control and management of land under a decentralised system.
However, there are still informal developments or lack thereof in Uganda. This
is attributed to inefficient land access processes caused by poorly
administered land rights, a handful of land use planning and development
regulations ill-suited to the local tenure situation, and institutional
incapacity. It can also be accredited to ignorance of the law, political
interference, institutional and administrative weaknesses among others.
Hence, there is the need for a suitable land tenure, preferably uniform,
coupled with a good judicial system, affordable and accessible legal services,
and a trustworthy land administration system for effective land tenure, to
drive Uganda to development.
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Brian Makabayi and Moses Musinguzi; To What Extent Have the Existing
Land Tenure Systems Affected Urban Land Development?
Crown Lands Declaration Ordinance 1922
John Anthony Okuku; The Land Act (1998) and land tenure reform in
Uganda. Africa Development, Vol. XXXI No.1 2006 pp 1-26.
John Mugambwa; A Comparative Analysis of Land Tenure law reform in
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Land reform: A source unending conflict in Uganda. Uganda sustainability
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with the collaboration of Bernard Bashaasha and Helle Munk Ravnborg DIIS
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Land wrangles threaten food security, government projects in Bunyoro.
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Laura Tuck and Wael Zakout: 7 Reasons for land property rights to be at the
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Leatherdale, J. & Palmer, D. 1999. Land services appraisal, Land Act
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Margaret Rugadya; Land use and villagisation 1999 land reform: the Ugandan
experience.
Ministry of Finance, Planning and Economic Development
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Oates, P. & Ecaat, J. 1999. Strategic Environmental Assessment, Land Act
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Platteau, J.-P. 2000. Does Africa need land reform? In C. Toulmin and J.
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Republic of Uganda. 1993. The report of the Uganda Constitutional
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Republic of Uganda. 1997. Poverty eradication action plan: a national
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Seven reasons for land and property rights to be at the top of the global
agenda. Accessed at <https://landportal.org/node/81137> Accessed 7
January 2022.
Steven Lawry; Customary Land Tenure. <https://dai-global-
developments.com> Accessed 20 December 2021.
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