HOW TO OBTAIN CUSTOMARYLAND CERTIFICATE OF OWNERSHIP IN UGANDA

HOW TO OBTAIN CUSTOMARY LAND CERTIFICATE OF OWNERSHIP

LAWs APPLICABLE INCLUDE•

• 1995 CONSTITUTION OF THE REPUBLIC OF UGANDA AS AMENDED ARTICLE,237(1),(3)
• LAND ACT 1998 CAP 227 AS AMEND SECTIONS 2,3,4,5,6,7 and 8

1. 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 land Act as amended.
2. • A certificate for customary ownership is in the prescribed form and is issued by the district land board.
3. • Any person, family or community holding land under customary tenure can apply for a certificate of customary ownership in the prescribed form

• obtain the form from land office and fill it accordingly
• obtain assessment for application fees from the cash office
• Submit the application together with the prescribed fee to the area land committee in which the subject land of the application is situated.
• On receipt of an application for a certificate of customary ownership, the committee shall publish a notice in the prescribed form and post it in a prominent place in the a area where the subject land is situated —specifying the location and approximate area of the land;requiring all persons who claim any interest in the land or in any adjacent land which may be affected by the application, including in respect of any adjacent land claims as to the boundaries of that land, to attend a meeting of the committee at a specified time and put forward their claims; and the time specified shall be not less than two weeks from the date on which the notice is published and posted as required by this Act.
• On the date specified, the Area land committee shall hear and determine all claims made under that subsection.v
• The committee may adjourn any hearing into any claim and request any officer from the district land office, any other person or a group of persons recognized within the parish as having knowledge about land and its incidents of tenure within the parish to conduct further investigations into that claim.
• On hearing and determining any claim, the committee shall use its best endeavors to mediate between and reconcile parties having conflicting claims to the land.
• THEN the Area land committee shall prepare a report on the application, recording all claims to interests and rights in the land or to the occupation and use of the land and its opinion on whether those claims have been proved to exist, setting out its findings and recommendations with reasons on the application, including in all cases whether the application should be approved with or without conditions, restrictions or limitations endorsed on the certificate and forming part of the incidents of customary ownership evidenced by the certificate or refused, and all claims made in relation to the application;
• The Area land committee makes a copy of the report available within the area for inspection by all persons who submitted claims to or who were heard by the committee.
• the Area land committee gives or sends a copy of the report to the applicant;
• The applicant then submits the report to the District land board or the area land committee sends it there
• The district land board upon receipt of the report and recommendations of the committee considers the application in the light of that report and those recommendations
• The district land board may confirm the recommendations of the committee and where those recommendations are to issue a certificate of customary ownership with or without conditions, restrictions or limitations, issue that certificate of customary ownership accordingly and where the recommendations are to refuse to issue a certificate of customary ownership, confirm that refusal.
• Where the board rejects or varies a recommendation of the committee, it shall give reasons for its decision.
• Where the committee has recorded that a person is entitled to the benefit of a third party right, a certificate of customary ownership may only be issued by the board subject to that third party right, a record of which shall be endorsed on the certificate.
• The board shall communicate its decision in writing to the recorder.
• Where the decision of the board is to issue a certificate of customary ownership with or without conditions, restrictions or limitations, the recorder shall issue a certificate in the terms of the decision of the board to the applicant.

Author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS
Email address: onlinetransactionconsultancy@gmail.com.

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