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What is Kabaka’s Land and how it differs from Private Mailo Land

What is “Kabaka’s Land”?

During the 1900 Buganda Agreement, all land in Buganda was divided into two; crown land, which was under the control of the colonial government, and mailo land.

This mailo land was also divided into two; Official mailo and private mailo.

Official mailo includes the land given to the Kabaka (350 square miles) and the ssaza chiefs who got eight square miles, among others.

The 350 square miles is the land that is currently managed by the Buganda Land Board. This land is predominately found in suburbs such as Nansana, Munyonyo, Buziga, Konge, Kigo, Maganjo, Kagoma, and Ganda, among others.

One cannot buy and own the “Kabaka’s land”. The reason why they only give leases on this land. The difference between “kabaka’s land” and private mailo is that a buyer is only given a leasehold title for Kabaka’s land while for private mailo one can get either a leasehold title or an outright transfer.

The Difference Between Private Mailo Land and Kabaka’s Land

Private Mailo; Private Mailo is the land parcelled out to individuals in the sense that it was their property. “People such as Kabaka Daudi Chwa, his mother, the Muhamedian prince, who was Mbogo, and the mother of Mwanga, were given land as individuals. 

They could deal with this land as they deemed fit; they could transfer it, or if one got a financial problem or any other, they could sell it.

Between 1900 and 1908, roughly 1,300 Baganda individuals and institutions, including churches, were given the Private Mailo. Private owners own their property in perpetuity (forever) and can sell or pass their rights on to their heirs.

Official Mailo; the Kabaka owns this land because of his position. The sale of Kabaka’s land is not permitted because it benefits the Kabaka’s office, Katikkiro, Ssaza, and Gombolola Chiefs. In distinction, with Private Mailo, one can get either a leasehold title or an outright transfer.

The other difference is that one has to pay the premium and annual ground rent for Kabaka’s land. In contrast with the Private Mailo, you only pay for the premium.

The official premium is 10% of the land’s capital value, while ground rent is 1% of the premium. Let’s say “If a plot, say in Buziga, costs USh 40 million, that is its capital value. The premium is 10 per cent, which translates into USh 4 million, while the ground rent is one per cent of USh 4 million which is USh 400, 000. For that plot in Buziga one pays premium once, and annual ground rent over the 49 years.” 

When the lease expires, the land returns to Kabaka’s ownership. The Kabaka’s office determines whether to extend the lease. But it is the policy of Buganda Land Board that once a lease expires, we renew it and give it to the sitting tenant.”

All land sold at LUBA Properties Limited is Private Mailo Land. Talk to us on 0773259007 or 0757444666 for more information.

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What is Freehold Tenure?

FREEHOLD TENURE IN UGANDA

The Land Act 1998 defines freehold tenure as a tenure that bestows upon someone ownership of registered land in eternity –which means “owning the land forever,”

This type of tenure was set up by the 1900 agreement between Buganda and the British colonial government.
Most owners of land under this tenure acquired it as grants from the colonial government before independence and from the Uganda Lands Commission after independence –with only a few having bought it from the government.

The Land Act specifies that the holder of land in freehold has the full power of ownership, which means they can use it for any lawful purpose and sell, rent, lease, dispose of it by will.

The act also decrees that only citizens of Uganda can own land under freehold tenure, with non-citizens allowed only the alternative of leasing it for a period of up to 99 years.

Obtaining certificates of title under this tenure is pursued directly through the government authorities where the Sub-county land office, the district land office, and the zonal office of the Ministry of Lands are all involved.

PROCESS OF ACQUIRING A FREEHOLD TITLE

Step 1

The Applicant must have in his/her possession fully completed Forms 4, 10, 19, 23, a set of 3 authentic deed plans, 3 Passport Photographs, Receipts of Payment and a forwarding letter requesting for a Freehold title signed by the District Land Officer of the respective District where the land is located.

Step 2

The Applicant presents the full set of original documents in duplicate and a photocopy of the same, to the Department of Land Administration for Checking. The Photocopy is stamped ‘Received’ and returned to the Applicant. The Applicant checks with the Department of Land Administration after 10 working days to confirm their approval or rejection.

Step 3

Once approved, the documents are forwarded to the Department of Land Registration for issuance of a Freehold Land Title. The applicant checks after 20 working days.

Step 4

The applicant presents the photocopy given to him/her by the Department of Land Administration stamped ‘Received’ and identification documents on collecting the Freehold Title. The applicant signs for the Title and the Photocopy is stamped ‘Returned’ on completion.

All the land we sell at Luba Properties Limited is private mailo land. Talk to us if you have any land-related questions. Call 0773259007/ 0757444666 or Email: info@lubaproperties.ug