D5
RESEARCH PROJECT
TOPIC
LAND LEASING AND LAND USE RIGHTS IN UGANDA
CHAPTER ONE
LAND LEASING AND LAND USE RIGHTS IN UGANDA: LEGAL
IMPLICATIONS AND CHALLENGES
1.0 Introduction
Land is a crucial resource in Uganda, playing a significant role in economic
development, social stability, and environmental sustainability. The legal
framework governing land leasing and land use rights is essential in
ensuring equitable access, security of tenure, and proper land
management. However, Uganda faces several challenges regarding land
leasing, including disputes over ownership, weak enforcement of land laws,
and conflicts between customary and statutory land tenure systems. This
research seeks to examine the legal implications and challenges
associated with land leasing and land use rights in Uganda.
1.1 Background of the Study
Land is a central pillar of Uganda’s socio-economic and political fabric, serving as the primary
source of livelihood for over 80% of the population engaged in agriculture. The country’s land
tenure system is governed by a legal framework that recognizes four main types of tenure:
customary, freehold, mailo, and leasehold, as enshrined in the 1995 Constitution of Uganda and
the Land Act. Among these, leasehold tenure has emerged as a critical mechanism for
facilitating land access, agricultural investment, and urban development. However, despite its
intended benefits, the land leasing system in Uganda is fraught with legal ambiguities,
institutional weaknesses, and socio-economic conflicts that undermine its effectiveness.
The historical roots of Uganda’s land challenges can be traced back to the colonial era, particularly
the 1900 Buganda Agreement, which introduced the mailo land tenure system, creating a dual
ownership structure where landlords held formal titles while tenants retained customary rights.
This system sowed the seeds for long-term land disputes, as it entrenched inequalities between
landowners and occupants.. The Land Act further sought to streamline land administration by
recognizing and providing a legal basis for leasehold transactions. However, the implementation
of these laws has been inconsistent, leading to widespread tenure insecurity, especially among
vulnerable groups such as smallholder farmers, women, and indigenous communities.
One of the most pressing challenges in Uganda’s land leasing system is the prevalence of tenure
insecurity and land conflicts. Overlapping claims between customary owners, leaseholders, and
government entities have resulted in violent disputes, particularly in regions like Northern
Uganda and the Albertine Graben, where large-scale land acquisitions for agribusiness and oil
exploration have displaced local communities.
Additionally, weak enforcement of lease agreements has led to illegal evictions, with many
tenants lacking legal protection against arbitrary termination of leases. Corruption within
land administration institutions further exacerbates these problems, as fraudulent land
transactions and bribery in the registration process undermine trust in the legal system.
Another critical issue is the gender disparity in land leasing and ownership. Despite
constitutional provisions for gender equality, cultural norms and discriminatory practices
often prevent women from accessing or controlling land. Studies indicate that only 15-
20% of women in Uganda hold registered land titles, leaving them economically
vulnerable and dependent on male relatives. The legal framework, while progressive on
paper, has failed to adequately address these systemic inequalities, particularly in rural
areas where customary law often overrides statutory protections.
Given these complexities, this study seeks to examine the legal implications and challenges
of land leasing and land use rights in Uganda, with a focus on identifying gaps in the
existing framework and proposing actionable policy recommendations. By analyzing case
laws, government reports, and field data, the research aims to contribute to ongoing
debates on land reform and provide evidence-based solutions for improving tenure
security, reducing conflicts, and promoting inclusive economic growth. The findings will be
relevant to policymakers, legal practitioners, civil society organizations, and international
stakeholders working on land governance in Uganda and across sub-Saharan Africa.
1.2 Statement of the Problem
• The problem of land leasing and land use rights in Uganda stems from a
fragmented legal framework, weak governance structures, and socio-cultural
disparities, leading to widespread tenure insecurity, conflicts, and inequitable
access to land. Despite progressive laws such as the Land Act (1998) and the
National Land Policy (2013), implementation gaps, corruption in land
administration, and overlapping tenure systems (customary, mailo,
leasehold, and freehold) have resulted in frequent disputes, illegal
evictions, and land grabbing, particularly affecting smallholder farmers,
women, and marginalized communities. Rapid urbanization and large-scale
agricultural investments have further intensified competition for land,
exacerbating conflicts while the land registry system remains inefficient,
opaque, and prone to fraud, leaving many legitimate leaseholders unprotected.
• These challenges undermine economic development, fuel social instability,
and perpetuate gender inequalities, necessitating urgent legal and institutional
reforms to ensure equitable and sustainable land governance in Uganda. The
study aims to identify the legal gaps and challenges in Uganda's land leasing
framework and propose policy recommendations for improvement.
1.3 Research Objectives
1.3.1 General Objective
To analyze the legal framework governing land leasing and land use rights in Uganda, assessing its
effectiveness and challenges.
1.3.2 Specific Objectives
1. To assess the socio-economic factors influencing land leasing and land use practices in Uganda.
2. To examine the legal framework governing land leasing and land use rights in Uganda.
3. To analyze the legal implications and challenges associated with land leasing transactions in
Uganda
4. To recommend legal and policy reforms to enhance land administration and tenure security.
1.4 Research Questions
5. What are the socio-economic factors that influence land leasing and land use practices in
Uganda?
6. What legal frameworks govern land leasing and land use rights in Uganda?
7. What are the legal implications and challenges associated with land leasing transactions in
Uganda?
8. What legal and policy recommendations can improve land leasing and land use governance in
Uganda?
1.5 Scope of the Study
1.5.1 Subject Scope
The study encompasses an analysis of Uganda's land laws, lease agreements,
tenure security, dispute resolution mechanisms, and gender dimensions in land
access. It evaluates institutional roles (Ministry of Lands, Uganda Land
Commission, and judiciary) and their effectiveness in land administration.
1.5.2 Geographical Scope
The study covers the geographical area of Uganda. It covers both rural and urban
areas.
1.5.3 Time Scope
• The study focuses on the period from 1998 (enactment of the Land Act) to the
present 2025, capturing key legal developments, policy shifts, and emerging
challenges in Uganda's land sector.
1.7 Literature Review
• 1. Diana Hunt examines the unintended consequences of Uganda's 1998
Land Act, focusing on how the reform's lack of consultation, foresight, and
adequate resourcing led to adverse outcomes such as increased urban
administrative costs, reduced commercial bank lending, and unresolved
gender equity issues. The study highlights gaps in anticipating third-party
impacts, conflicts between equity and credit market objectives, and the
high implementation costs of formalizing land rights.
• 2. Rose Nakayi, examines the legal and policy framework governing
large-scale land acquisitions (LSLAs) in Uganda, with a focus on their
implications for women's land rights. The paper highlights historical and
contemporary trends of land dispossession, the complexities of Uganda's
tenure systems (mailo, customary, leasehold, and freehold), and the weak
governance structures that facilitate evictions and land grabs.
However, the paper lacks robust implementation of existing laws, the
marginalization of customary tenure, and the disproportionate impact of
LSLAs on women, who often lack formal land titles and face discriminatory.
3. Nuwaha Isaac provides a detailed analysis of land tenure systems in
Uganda, particularly focusing on the Land Act of 1998 and its implications
for land leasing. The author highlights the different land tenure systems,
including freehold, mailo, customary, and leasehold, and examines how they
affect land transactions. However, the author fails to adequately address the
practical challenges of land leasing, such as bureaucratic inefficiencies,
corruption, and land disputes, which are prevalent in Uganda.
4. Adenuga, Adewale Henry, Claire Jack, and Ronan McCarry provide a
comprehensive analysis of the benefits and challenges of long-term land
leasing, particularly in developed countries, emphasizing its positive impacts
on agricultural productivity, investment incentives, and sustainability.
5. Lawry, Steven, Cyrus Samii, Ruth Hall, Aaron Leopold, Donna
Hornby, and Farai Mtero, provide a comprehensive systematic review of
land tenure interventions, focusing on freehold titling and statutory
recognition of customary rights. While the review highlights positive impacts
on productivity and investment in Latin America and Asia, it also identifies
significant gaps, particularly in the African context. The authors note that the
effects of tenure formalization in Africa are weaker, attributing this to pre-
existing tenure security under customary systems and lower wealth levels.
In conclusion, the literature analyzed above reveals significant gaps,
necessitating this study to fill those gaps by assessing land leasing
and land rights in Uganda, their legal implications and challenges.
1.8 Significance of the
Study
This study is significant as it provides a critical analysis of the legal and
governance challenges surrounding land leasing and land use rights in
Uganda, offering evidence-based insights that can inform policy reforms,
strengthen land administration systems, and enhance tenure security for
vulnerable groups. By examining the gaps between statutory provisions
and their implementation, the research contributes to academic discourse
on land governance while equipping policymakers, legal practitioners, and
civil society with actionable recommendations to mitigate conflicts, curb
corruption, and promote equitable land access particularly for women and
marginalized communities.
Additionally, the findings will aid investors, development agencies, and local
communities in navigating Uganda’s complex land tenure systems,
fostering sustainable land use and economic development.
1.9 Methodology
• This study adopts a doctrinal methodology, focusing on the systematic
analysis of primary and secondary legal sources to examine the legal
implications and challenges of land leasing and land use rights in
Uganda.
• Primary sources include statutory laws such as the 1995 Constitution of
Uganda, the Land Act of 1998, and the National Land Policy of 2013,
judicial precedents, and regulatory frameworks governing land
transactions.
• Secondary sources encompass scholarly articles, government reports,
and policy documents from institutions like the Uganda Land Commission
and the World Bank, which provide critical commentary and contextual
insights. By synthesizing these legal materials, the study aims to provide
a coherent evaluation of Uganda’s land leasing regime and its socio-legal
challenges, grounded in authoritative legal doctrine.
Chapter Two
This chapter assesses the socio-economic impact of
land leasing laws on investment patterns,
agricultural productivity, and social equity.
It evaluates how legal ambiguities and institutional
bottlenecks hinder productive land use, discourage
investment, and exacerbate inequalities, particularly
for smallholder farmers and marginalized
communities.
The chapter incorporates reports from government
and non-governmental sources to analyze trends in
land-related investments, agricultural output, and
community displacement, offering a critical
perspective on the effectiveness of existing laws.
THE SOCIO-ECONOMIC FACTORS INFLUENCING
LAND LEASING AND LAND USE PRACTICES IN
UGANDA
• 2.1 Population Growth and Land Demand
• 2.2 Economic Activities and Land Use Patterns
• 2.3 Government Policies and Institutional Frameworks
• 2.4 Cultural and Traditional Influences
• 2.5 Social Inequalities and Land Access
• 2.6 Environmental Considerations in Land Use
Practices
Conclusion
In Uganda, land leasing and land use patterns are heavily
influenced by socioeconomic factors. Therefore, Land use
patterns are also influenced by economic activities including
trade, infrastructural development, and agriculture since land
continues to be a vital resource for livelihoods as a result of
Uganda being primarily an agrarian economy, especially in
rural areas.
Chapter Three
• This chapter delves into the legal and regulatory
framework governing land leasing in Uganda,
analyzing key statutes such as the 1995
Constitution, the Land Act (1998), and the National
Land Policy (2013). It explores the different land
tenure systems, customary, freehold, mailo, and
leasehold and their implications for land use rights.
The chapter also examines subsidiary legislation,
judicial precedents, and administrative guidelines
that shape land leasing practices, providing a
doctrinal foundation for understanding the legal
landscape.
3.1 Legal Framework
• 3.1.1 The Constitution of the Republic of Uganda,
1995
• 3.1.2 The Land Act, Cap 236
• 3.1.3 The Land Acquisition Act, Cap 235
• 3.1.4 The Registration of Titles Act, Cap 240
• 3.1.5 The National Land Policy, 2013
• 3.1.6 The Succession Act, Cap 268
3.2 Institutional Framework
• 3.2.1 Ministry of Lands, Housing and Urban
Development (MLHUD)
• 3.2.2 Uganda Land Commission (ULC)
• 3.2.3 District Land Boards (DLBs)
• 3.2.4 Land Committees
• 3.2.5 Traditional or Cultural Leaders
• 3.2.6 National Land Information System
• 3.2.7 National Physical Planning Board
• 3.2.8 District/Urban Physical Planning Committees
• 3.2.9 Judiciary
Conclusion
In conclusion, Uganda's legal framework governing land leasing
and land use rights, primarily enshrined in the Constitution and
the Land Act, presents a complex landscape. While aiming to
provide clarity and security across customary, freehold, mailo,
and leasehold tenures, the interplay of these systems, coupled
with historical legacies and ongoing reforms, creates unique
challenges in land administration, investment, and equitable
access.
Chapter Four
This chapter identifies and analyzes the key legal and
institutional challenges affecting land leasing in
Uganda. It discusses the implicating issues such as
overlapping land rights, weak enforcement of lease
agreements, corruption in land administration, and
inefficiencies in the land registry system.
The chapter also highlights systemic barriers,
including gender disparities in land access and the
conflicts arising from large-scale land acquisitions,
drawing on case studies and documented disputes
to illustrate these challenges.
THE LEGAL IMPLICATIONS AND CHALLENGES
ASSOCIATED WITH LAND LEASING
TRANSACTIONS IN UGANDA
• 4.1 Implication of Unregistered Leases
• 4.2 Conflicts Between Customary and Formal Land Tenure
Systems
• 4.3 Landlord-Tenant Disputes and Eviction Challenges
• 4.4 Fraudulent Land Leasing Practices
• 4.5 Gender Disparities in Land Leasing
• 4.6 Bureaucratic Delays in Lease Registration and Approval
• 4.7 Impact of Compulsory Land Acquisition on Leases
• 4.8 Inconsistencies in Lease Terms and Enforcement
Conclusion
• Land leasing in Uganda presents numerous legal implications and
challenges, ranging from tenure insecurity and fraud to bureaucratic
inefficiencies and gender disparities. Addressing these issues requires
legal reforms, improved land administration systems, and stronger
enforcement mechanisms to ensure equitable and secure land leasing
transactions. Without such measures, the potential benefits of land
leasing for economic development and investment will remain unrealized.
Chapter Five
•
The final chapter synthesizes findings from previous
chapters to propose actionable legal and policy
reforms aimed at enhancing land administration and
tenure security in Uganda. It recommends measures
such as streamlining land registration processes,
strengthening dispute resolution mechanisms,
addressing gender disparities in land ownership,
and improving transparency in leasehold
transactions.
• The chapter also suggests institutional reforms to
curb corruption and calls for harmonizing customary
and statutory land laws to reduce conflicts. These
recommendations are grounded in the doctrinal
analysis conducted throughout the study, ensuring
RECOMMENDED LEGAL AND POLICY
REFORMS TO ENHANCE LAND
ADMINISTRATION AND TENURE SECURITY.
• 5.1 Strengthening Legal Frameworks for Land Tenure
Security
• 5.2 Streamlining Land Registration and Titling
Processes
• 5.3 Enhancing Dispute Resolution Mechanisms
• 5.4 Promoting Gender-Inclusive Land Policies
• 5.5 Strengthening Institutional Capacity and
Coordination
• 5.6 Encouraging Sustainable Land Use and
Environmental Protection
• 5.7 Improving Access to Information and Public
Participation
• 5.8 Addressing Urban Land Challenges
Conclusion
Therefore, land leasing and land use rights in Uganda present an
interplay of legal, economic, and social dynamics, shaped by statutory
laws, customary practices, and government policies. While the legal
framework aims to promote investment and equitable land access,
challenges such as overlapping tenure systems, inadequate
enforcement, disputes over ownership, and bureaucratic inefficiencies
persist. These issues often hinder sustainable land utilization,
disproportionately affecting vulnerable communities and fueling
conflicts.
Addressing these challenges requires legal reforms, stronger
institutional capacity, and greater public awareness to balance
economic development with the protection of land rights. A more
harmonized and transparent system is essential to ensure equitable land
distribution, security of tenure, and long-term socio-economic growth in
Uganda.
• THE END
THANK YOU
