Section 22: How to Get Private Land from Communal Land in Uganda
22.Individual holding of land created out of communal land
(1)Where an association holds land under a certificate of customary ownership or for a freehold title on behalf of a community, the association shall, where the customary law of the area makes provision for it, recognise and verify that all or part of the land so held by it is occupied and used by individuals and families for their own purposes and benefit.
(2)For the purpose of holding land under customary tenure, a family shall be deemed to be a legal person represented by the head of the family.
(3)Where any individual member of or family within a community referred to in subsection (1) or otherwise wishes to own, in his or her or its own capacity, land which is held communally but which, in accordance with customary law, is made available for the occupation and use of that individual or household, then—
(a)if it is before the land held by an association on behalf of the community, the individual or household may apply for a certificate of customary ownership under section 4, or for a freehold title under section 10, in respect of his or her or its portion of land, and sections 5 and 6 or, as the case may be, sections 11, 12, 13 and 14 shall apply to that application;
(b)where the land communally owned is held by an association under a certificate of customary ownership, the individual or family may apply to the association to transfer to him, her or it, his or her or its portion of land, and the association shall consider the application and take a decision in the matter; and if the association approves the application, the applicant may cause his or her or its portion of the land to be demarcated and transferred to the applicant and registered by the recorder;
(c)where the land communally owned is held by an association under freehold title, the individual or family may apply to the association to transfer to him, her or to it, his, her or its portion of land, and the association shall consider the application and take a decision in the matter; and if the association approves the application, the applicant may cause his or her or its portion of the land to be surveyed and transferred to the applicant and registered by the Registrar of Titles.
(4)Any person aggrieved by a decision of the association under this section may appeal against the decision to a district land tribunal; and the district land tribunal may confirm, vary, reverse or modify the decision of the association and make such other order as it is empowered to make under this Act.
Plain English Summary
If you are part of a community that holds land communally, you have the right to apply for your own individual ownership of the portion you occupy and...
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