Section 8: How to Use Your Customary Land Certificate in Uganda
8.Incidents of certificate of customary ownership
(1)A certificate of customary ownership shall be taken to confirm and is conclusive evidence of the customary rights and interests specified in it, and the land to which the certificate refers shall continue to be occupied, used, regulated and any transactions in respect of the land undertaken and any third party rights over the land exercised in accordance with customary law.
(2)A certificate of customary ownership shall confer on the holder of the certificate the right of the holder to undertake, subject to the conditions, restrictions and limitations contained in the certificate and subject to subsection (1), any transactions in respect of that land which may include, but shall not be limited to—
(a)leasing the land or a part of it;
(b)permitting a person usufructuary rights over the land or a part of it for a limited period which may include a period for the life of the person granting or the person granted the usufructuary right;
(c)mortgaging or pledging the land or a part of it, where a certificate of customary ownership does not restrict it;
(d)subdividing the land or a part of it, where a certificate of customary ownership does not restrict it;
(e)creating, or with the consent of the person entitled to the benefit, altering or discharging any easement, right in the nature of an easement or third party right applicable to the land or a part of it;
(f)selling the land or a part of it, where a customary certificate of customary ownership does not restrict it;
(g)transferring the land or a part of it to any other person in response to an order of a court or a district land tribunal;
(h)disposing of the land either as a gift inter vivos or by will.
(3)The holder of a certificate of customary ownership who undertakes any transaction in respect of the land to which the certificate relates shall provide the recorder with a copy or other accurate record of the transaction, and the recorder shall keep all such records in the prescribed manner.
(4)A transaction referred to in subsection (2)(a), (c) or (f) shall not have the effect of passing any interest in the land to which the transaction relates unless it is registered by the recorder under subsection (3).
(5)For the avoidance of doubt, where a mortgage of land to which this section applies has been made under the Mortgage Act, the mortgagee has the power to sell and execute a transfer of that land to a purchaser in case of default by the mortgagor.
(6)In this section, "usufructuary right" means the right to use and derive profit from a piece of property belonging to another while the property itself remains undiminished and uninjured in any way.
(7)A certificate of customary ownership shall be recognised by financial institutions, bodies and authorities as a valid certificate for purposes of evidence of title.
Plain English Summary
If you hold a certificate of customary ownership, you have confirmed rights to the land as stated on the certificate. You can lease, sell, mortgage, o...
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