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Section 1: Key Definitions for Land Rights in Uganda

1.Interpretation

In this Act, unless the context otherwise requires—

"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;

"association" means a communal land association established by section 15;

"authorised undertaker" means a person or authority authorised or required by law to execute public works;

"board" means a district land board established by Article 240 of the Constitution and referred to in section 57;

"bona fide occupant" and "lawful occupant" have the meanings assigned to them in section 29;

"certificate of customary ownership" means a certificate issued under section 4;

"certificate of occupancy" means a certificate issued under section 34;

"Commission" means the Uganda Land Commission established by Article 238 of the Constitution and referred to in section 47;

"committee" means a land committee established by section 65;

"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;

"currency point" has the value assigned to it in the Schedule to this Act;

"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;

"District Land Tribunal" means the District Land Tribunal established under section 75;

"former controlling authority" means the Uganda Land Commission or a designated authority in existence before the coming into force of the Constitution;

"former designated authority" means a city council, municipal council, town council or town board established in a designated urban area;

"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;

"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;

"gazetted" means published in the official Gazette by either a statutory instrument or a legal notice issued by the responsible Minister;

"leasehold land tenure" means the holding of land for a given period from a specified date of commencement, on such terms 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;

"mailo land tenure" means the holding of registered land in perpetuity and having roots in the allotment of land pursuant to the Uganda Agreement, 1900 and subject to statutory qualifications, the incidents of which are described in section 3;

"mediator" has the meaning assigned to it in section 86;

"Minister" means the Minister responsible for lands;

"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 74; and any other works ancillary or incidental to the foregoing;

"recorder" means the recorder established by section 69;

"Register Book" means the book kept by the Registrar of Titles in accordance with the Registration of Titles Act;

"registered owner" means the owner of registered land registered in accordance with the Registration of Titles Act;

"registrable interest" means an interest registrable under the Registration of Titles Act, namely, mailo, freehold, leasehold and subleasehold, but includes a certificate of customary tenure and a certificate of occupancy;

"Registrar of Titles" means the registrar of titles appointed under the Registration of Titles Act;

"road" means a road reserve as defined in the Roads Act;

"tenant by occupancy" means the lawful or bona fide occupant declared to be a tenant by occupancy by section 31;

"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 law or equity to use or occupy for a specific purpose or for a specific period all or part of the land of a landowner or to prevent a landowner from exercising any right, interest, privilege or liberty in, on, under or over his or her land, and includes but is not limited to an easement, a profit a prendre, a usufructuary right, a restrictive covenant, a right arising out of a share cropping agreement, a right of a 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 sublease;

"urban area" means an area gazetted as an urban area by the Minister responsible for urban affairs.

Plain English Summary

The Land Act uses specific definitions for words like 'owner', 'occupant', and 'customary tenure'. These definitions decide who owns or can use land, ...

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