Freehold land Tenure In Uganda

Freehold land Tenure In Uganda  : Freehold land tenure refers to a system where owners of land have a deed or title which allows the owner to hold the registered land forever or do whatever they wish with it in accordance with the law. The owners of the land can use, sell, lease, transfer, subdivide, mortgage or give away the land as they see fit.

The Land Act 1998 defines the freehold tenure as a tenure that bestows upon someone

ownership of registered land in eternity meaning owning the land forever, this type of tenure was set up by the 1900 agreement between Buganda and the British Colonial government.

Most of the land owners in Uganda under Freehold land tenure acquired the land as grants from the colonial government before independence and from the Uganda Land Commission after independence, with only a few having bought/requested it mostly from the government.

The Land Act specifies that he holder of the land in freehold has all the powers of ownership

meaning they can use it for any lawful purpose, sell it, rent, lease or dispose of it as they wish.

The act also decrees that only citizens of Uganda are entitled to own land under freehold

tenure, the only alternative for non – citizens to own land is leasing it for a period of up to 99 years.

The grantee of land in freehold was and is entitled to a certificate of title, most of this land in

Uganda was issued to the church missionaries and academic institutions and some individuals.

In Uganda, freehold is the premier mode of private land ownership under the English law.

Certificates of title for the freehold land tenure are pursed directly via government authorities

which involve the Sub – County Land Office, the District Land Office and the Ministry of Lands zonal offices.

Freehold tenure has features of Mailo land tenure and since there is no Mailo tenure in many

parts of the country apart from Buganda and a few sections of Ankole, elsewhere in Uganda people go for freehold tenure as it provides security for unending ownership.

The freehold tenure system originates from the set up to address limited requirement by

religious institutions and was granted as a result of the Toro Agreement of 1900 and the 1901 Ankole Agreement.

Land Registration in Uganda regarding freehold is governed by the Registration of Title’s Act (RTA).

Features of Freehold Land Tenure

• The holder owns a Certificate of Title describing the land
• There is an unlimited period of ownership
• Leasehold can be converted to Freehold
• The landowner with a title has full powers over land and can do anything lawful with the land
• Non-Citizens cannot acquire or hold Freehold Land Tenure, a non – citizen can only acquire a lease on Freehold tenure

How To Acquire A Freehold Land Title?

A land title for freehold land can be acquired in Uganda in the following steps

Step 1

An applicant must be in possession of fully completed Forms 4,10, 19, 13, a set of 3 authentic

deed plans, 3 passport photographs, receipts of payment and a forwarding letter requesting for a Freehold title signed by the District Land Officer of the respective district where the land is located.

Step 2

The applicant then presents the full set of original documents in duplicate and a photocopy of

the same to the Department of Land Administration for checking. The Photocopy is then stamped “Received’ and returned to the Applicant.

The Applicant checks with the Department of Land Administration after 10 working days to confirm their approval or rejection.

Step 3

Once approved, the documents are forwarded to the Department of Land Registration for

issuance of a Freehold Land Title. The applicant checks after 20 working days.

Step 4

The applicant presents the photocopy given to him or her by the Department of Land

Administration stamped “Received” and identification documents on collecting the Freehold title.

The applicant signs for the Title and the Photocopy are stamped “Return” on completion.

The following documents are required

• Form 4, 10, 19, 23
• Set of Deed Plans
• Set of Passport
• Photographs
• General receipts of Payment
• A requesting letter
• Currently, fees paid at the Ministry of Land are
• Registration fees – 10,000
• Assurance of Title – 20,000/=
• Issuance of the Title – 20,000/=