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Ruhaama Real Estates

Land tenure in Uganda explained: mailo, freehold, leasehold and customary

About 6 minutes to read · Last checked September 2026

Almost every problem people hit when buying land in Uganda begins with not knowing which of four things they are being sold. The four are set out in the 1995 Constitution and the Land Act, and they behave differently.

Customary tenure

Land held according to the customs of the community it sits in, usually without a certificate of title. It is the most common form of tenure in Uganda by area, particularly in the north and east. Rights are real and legally recognised, but they are recorded in the memory of a community rather than in a register.

A holder may apply for a Certificate of Customary Ownership, and customary land can be converted to freehold. Both take time. If you are being offered customary land, the question is not only who is selling it but who else in that family or clan has a say in whether it can be sold at all.

Freehold

Ownership outright and indefinitely, registered, with a certificate of title. It is the simplest thing to buy and the simplest to transfer. A freehold title can be mortgaged, leased and passed on. Most of what a first-time buyer imagines when they think of “owning land” is freehold.

Mailo

Particular to Uganda and concentrated in Buganda, mailo dates from the 1900 Buganda Agreement. It is registered and can be held indefinitely, like freehold, with one difference that matters enormously to a buyer: mailo separates ownership of the land from the rights of people lawfully occupying it.

A mailo title can come with lawful or bona fide occupants living on it whose occupancy the law protects. They cannot simply be removed because the title changed hands. This is not a defect in the title, and it is not a reason never to buy mailo — a great deal of land around Kampala is mailo. It is a reason to walk the land and find out who is on it before you pay, rather than after.

Leasehold

The right to hold and use land for a fixed term — commonly 49 or 99 years — granted by the owner, who may be a private freeholder, a district land board or the government. The lease sets out what you may do with the land and what you must pay.

Two things to establish: how many years are actually left, and what the conditions are. A 99-year lease granted in 1960 is not a 99-year lease today, and some leases require you to develop the land within a period or forfeit it.

Which should you buy?

The honest answer is that the category matters less than people expect. No tenure is inherently safe. Freehold and leasehold are usually the most straightforward to transfer; mailo needs you to establish who is occupying the land; customary needs you to establish who has authority to sell it.

What decides whether a purchase is safe is the same in all four cases: is the title clean, do the boundaries on the ground match the ones on the paper, and is anyone else on it? A clean freehold title on land you have never visited is a worse buy than a mailo plot you have walked with a surveyor.

Every plot Ruhaama sells states its tenure on its own page, along with its survey and title references, so you know which of these four you are looking at before you enquire. See what is available.

This is general guidance, not legal advice. Every piece of land is particular, and the law changes. Use a lawyer for the transaction itself, and never rely on a summary in place of a search whose results you have seen yourself.