Lawful and Bona Fide Occupants: What Buyers Inherit

Who is a lawful occupant and who is a bona fide occupant?

Section 29 of the Land Act separates two groups, both of whom live on registered land owned by someone else.

A lawful occupant is a person who occupies land under the repealed Busuulu and Envujjo Law of 1928, the Toro Landlord and Tenant Law of 1937 or the Ankole Landlord and Tenant Law of 1937. It also includes a person who entered the land with the consent of the registered owner, which expressly includes a purchaser, and a person who had occupied as a customary tenant whose tenancy was not disclosed or compensated for when the owner got a leasehold title (s.29(1)).

A bona fide occupant is a person who, before the Constitution came into force, had occupied and used or developed the land unchallenged by the registered owner or the owner's agent for twelve years or more, or had been settled on the land by the Government or an agent of the Government (s.29(2)). A person who buys or otherwise acquires the interest of a qualifying bona fide occupant is also treated as a bona fide occupant (s.29(5)). A person on the land only under a licence from the owner is neither (s.29(4)). Our short Lawful occupant entry gives the plain-word version. This page is general information as of November 2026 and is not legal advice.

What is security of occupancy?

Article 237(8) of the Constitution gives lawful and bona fide occupants of mailo, freehold or leasehold land security of occupancy, and the Land Act builds on that. A tenant by occupancy on registered land enjoys security of occupancy and is treated as a tenant of the registered owner (s.31(1) and (2)). In return the tenant pays an annual nominal ground rent, which section 31(6) describes as reasonable and of a non-commercial nature.

The Act also says that security of tenure is not lost just because the occupant has no certificate of occupancy (s.31(12)). A certificate is available: the tenant applies to the registered owner, the area land committee verifies the boundaries, and the Recorder issues the certificate once the owner has given consent (s.34). But a certificate is a way to prove the right, not the source of it. The practical effect is that the occupant has a legal interest in the land even when no paper says so. This is why the busuulu (ground rent) and the occupant's history matter to any buyer on mailo land. Read more in Mailo Land Explained for Buyers.

Can a lawful or bona fide occupant be evicted?

Only in narrow circumstances. Section 33(1) says a lawful or bona fide occupant shall not be evicted from registered land except on an order issued by a court, and only for non-payment of the annual nominal ground rent. Before making that order the court must consider the matters in section 32(1), which include whether the landlord interfered with the tenant's quiet enjoyment, the tenant's means, and whether the non-payment is deliberate. The order must give a date, at least six months after the order, by which the person must leave (s.33(3)).

Before it gets that far, section 31(10) and (11) set a process. If the tenant fails to pay the approved ground rent for more than a year, the registered owner may serve a notice asking the tenant to show cause why the tenancy should not be terminated. The owner may then apply to the district land tribunal if the rent is not paid within one year of service or the tenant takes no step within six months to challenge the notice.

Attempting to evict, evicting or taking part in the eviction of a lawful or bona fide occupant from registered land without an order is an offence under the Act. A Daily Monitor report of 1 September 2023 states that non-payment of annual nominal ground rent is the only ground for evicting tenants, and quotes the State Minister for Lands saying that a change of landlord does not affect the rights of lawful bibanja holders. The report also describes a presidential directive of 28 February 2022 that no eviction should take place in a district without a District Security Committee meeting and consultation with the Minister of Lands. For more, see illegal eviction Uganda law.

What does a buyer inherit with the occupants?

The occupants. Section 36(9) says a change of ownership by sale, grant, succession or otherwise does not affect the existing lawful interests or the bona fide occupant, and the new owner must respect the existing interest. A buyer of mailo or leasehold land with people on it therefore takes the land subject to their rights, whatever the sale agreement says.

Two more rules shape the sale. The owner who wants to sell the reversionary interest must first offer it to the tenant by occupancy, on a willing buyer, willing seller basis, with three months to respond and mediation available (s.36(3) to (8)). And a tenant by occupancy cannot assign the tenancy without the owner's consent and without first offering it to the owner (ss.35 and 36). Selling without that offer is an offence and the transaction is invalid.

How should a buyer handle occupants on land for sale?

Treat occupants as part of the price. Land that looks cheaper per plot may cost more once the occupants are bought out or agreements are signed. Steps that help:

1. Visit with a licensed surveyor and the area local leaders, and write down who occupies which part.
2. Ask the seller for evidence of the first option offer to each tenant by occupancy.
3. Make the sale agreement name the occupants and state who carries the cost of any settlement. See Land Sale Agreement in Uganda.
4. Do not pay the full price until occupants are dealt with in writing.
5. Where the seller says the people on the plot are "squatters", check section 29 before agreeing. Someone who occupied land for less than twelve years may not qualify as a bona fide occupant, but section 30 requires them to negotiate and allows mediation, and a tribunal that ends such an occupation must give at least a year's notice.

For a kibanja inside a larger plot, read mailo land kibanja buying and Freehold Land in Uganda to compare how occupants fit on each tenure. Land Fund loans to occupants to acquire registrable interests are described in section 42. To look for plots, browse plot listings, or ask our team on WhatsApp or by email.

Frequently asked questions

Related guides

• Mailo Land Explained for Buyers
• Uganda Land Law and Land Titles Explained
• Illegal Evictions and the Law in Uganda
• Land Sale Agreement in Uganda: Clauses That Matter
• Lawful occupant: what it means in Ugandan property