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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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Understanding Customary Land Tenure in Uganda

CUSTOMARY LAND TENURE IN UGANDA
Customary land owned by community members, consent of the community members is required for any land transaction while for land owned by a family, consent of the spouse and children must be obtained.

Customary land can also be converted to freehold land where the owners wish to change it. (Section 9 of the Land Act)
Under customary systems, the land is owned and disposed of under customary regulations. The land can be owned by an individual, a family, or a community, and is the most dominant system in Uganda. Under this tenure, proper records are not kept which makes it difficult to purchase land and resolve land-related conflicts. The inherent insecurity leads to mismanagement and degradation, as little personal interest in the land exists.

Types of Customary Land

1. Customary communal land; where persons or communities share ownership or use of land for a common purpose. A particular group of people in a particular area for purposes like grazing, water source, and firewood collection, wild fruits and vegetables, fishing, harvesting honey, and white ants, cutting papyrus, etc, communally owns the land. In most cases, the rights to access this land are inherited.

2. Customary family land; is where the head of the family or clan may be said to ‘own’ the land. Its utilization is usually controlled by the family head, elders, clan heads, or a group in its well-defined administrative structures. The family heads are responsible for protecting the land and ensuring that every family member gets the right to use some part of the land. Family land is inherited within the family. The management of the land is passed down from parents to children and their family members but kept within the family.

3. Individual customary land; is where an individual is said to ‘own’ land because the land was allocated to them, to use or own permanently, or they inherited the land or purchased the customary land as an individual. This will include the right to allocate potions of the land to the next generation.

Customary land is very different from Kabaka’s land or official mailo.

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 the Kabaka’s land while for private mailo one can get either a leasehold title or an outright transfer.

Buying land is easy more so if you have the money at hand. But always be mindful of the type of tenure of the land in question.

At Luba Properties, all the land we sell is private mailo which means the land is titled and can be owned forever and can be passed on to the next generation. Give us a call on 0773259007/ 0757444666 or email us at info@lubaproperties.ug