Customary Land and Certificates of Customary Ownership

What is customary land in Uganda?

Section 3(1) of the Land Act describes customary tenure as a tenure that applies to a specific area of land and a specific description or class of persons, is governed by rules accepted as binding by that class, and applies to any person who acquires land there under those rules. It covers individual and household ownership, communal ownership and use, parcels recognised as belonging to a person, a family or a traditional institution, and it is owned in perpetuity.

The rights of women, children and persons with disability are protected. Section 27 says a customary decision that denies them access to ownership, occupation or use of land, or that imposes conditions that violate Articles 33, 34 and 35 of the Constitution, is null and void. This page is general information as of November 2026 and is not legal advice. For the other tenures, see land tenure systems in Uganda, and for the wider law Uganda Land Law and Land Titles Explained.

What is a certificate of customary ownership and how is it issued?

A certificate of customary ownership, or CCO, is a document that records who holds land under customary tenure and what rights they have. Section 4 of the Land Act says a person, family or community holding land under customary tenure on former public land may acquire one. The Act defines former public land as land previously administered under the Public Lands Act, 1969, before the Land Reform Decree, 1975. The process, in short:

1. Apply. The holder applies in the prescribed form, with the prescribed fee, to the land committee of the area where the land lies (s.4(3)).
2. Public notice. The committee posts a notice in the area and on the land, calling everyone who claims an interest in it or in adjacent land to a meeting, at least two weeks after posting (s.6(2)).
3. Verify and mark boundaries. The committee determines and marks the boundaries of all interests, records rights of way and third party rights such as leases, rights of occupation and pledges, and decides disputes under customary law (s.5(1)). It must safeguard the interests of women, absent persons, minors and persons with a disability (s.5(1)(g)).
4. Report. The committee reports to the district land board, with a copy to the applicant and a copy open for inspection (s.6(6)).
5. Decision. The board may confirm, vary, send back or reject the committee's recommendation, and must give reasons if it varies or rejects it (s.7(1) and (2)). Any third party right is endorsed on the certificate (s.7(3)).
6. Issue. The Recorder issues the certificate in the terms of the board's decision (s.7(5)).

A person aggrieved by a board decision may appeal to a district land tribunal (s.7(6)). The revised Act says that in practice the court of a magistrate grade I or a chief magistrate hears these matters (s.33(4)).

Is a certificate of customary ownership a title?

No, not in the sense of a registered certificate of title. Section 8(1) says a CCO is conclusive evidence of the customary rights and interests specified in it, and that the land continues to be occupied, used and regulated, and transactions undertaken, under customary law. It is a different record from the register kept by the Registrar of Titles. The table shows the difference.

Do not confuse a CCO with a special certificate of title, which is a separate document issued for registered land. If you are unsure which document you are being shown, ask for it by name and have a lawyer identify it. Compare with How to Read a Certificate of Title in Uganda.

What does the Recorder do on a sale of customary land?

The Recorder keeps the record of transactions on customary land. A CCO holder may sell, lease, mortgage, subdivide or give away the land, subject to any conditions or restrictions on the certificate (s.8(2)). The holder must give the Recorder a copy or accurate record of any transaction (s.8(3)). A lease, a mortgage or a sale does not pass any interest in the land unless the Recorder registers it (s.8(4)). So an unregistered sale on CCO land may not give the buyer a transferred interest.

The Ministry of Lands lists the prescribed forms for registering transactions under customary tenure: Form 33 for transfer of customary ownership, Form 34 for a lease, Form 35 for a mortgage or pledge, Form 27 for subdivision, Forms 37 to 39 for caveats, and Form 41 for spouse consent. A buyer should ask to see the form that matches the deal.

Does a sale need spouse consent (Form 41)?

Often, yes. Section 40(1) of the Land Act says no person may sell, exchange, transfer, pledge, mortgage or lease family land, or contract to do so, or give it away, except with the prior consent of his or her spouse. Family land includes the land on which the family lives, land from which it draws sustenance, and land treated as family land under the family's culture or customs (s.39(4)). The Ministry of Lands says the Recorder shall not register a transaction where the required consent is not produced, unless a court or tribunal dispenses with it (Regulation 64 of the Land Regulations), and that the consent is given on Land Form 41. A spouse who is not the owner may lodge a caveat on the certificate to protect that right (s.40(7)).

A buyer in good faith who did not know that consent was missing still has a void transaction, but may claim back any money paid from the person with whom he or she dealt (s.40(4)). The Ministry's sheet adds that the Mortgage Act requires informed, genuine spousal consent to mortgage a matrimonial home (sections 5 and 6) and, for customary land owned by a family, the consent of the spouse or spouses and children (section 7(6)). Read more in Spousal Consent, and if you are buying from abroad, see Dual Citizenship and Land Ownership in Uganda.

Many older sources, and the Ministry's sheet, call the family land section 39. In the revised Cap. 236 it is section 40, and section 39 is now "security of occupancy". Quote the edition when you speak to a lawyer.

How much is stamp duty on customary land sales?

The Ministry of Lands' customary land series (October 2023) says stamp duty is a percentage of the consideration under section 24 of the Stamps Act, using the Schedule to the Stamps Act, 2014. It lists a transfer at 1.5% of the total consideration, a mortgage deed at 0.5% and a lease at 1%, payable to the Uganda Revenue Authority. As an example only, a sale at UGX 20,000,000 would attract UGX 300,000 at 1.5%. Rates and valuation rules can change, so confirm the figure with the Uganda Revenue Authority before you budget. We do not give a seller tax figure on this page, because that depends on the seller's circumstances.

What should farm buyers ask on customary land?

• Is there a CCO, and is its name the seller's? If not, who are the family or clan members who use the land, and will they sign?
• Is it family land, and is Form 41 signed by the spouse or spouses?
• Which land committee and district land board handle the area, and is the CCO recorded with the Recorder?
• Are there third party rights, such as leases, pledges, rights of way or grazing rights, endorsed on the certificate (s.7(3))?
• Do the boundaries agree with the committee's marking?
• Do you plan to convert to freehold (s.9)? See kibanja certificate for the document trail on occupied land, and Land for Sale in Gulu: Customary Land and Farm Plots for an area where customary tenure is common.

On Land & Property listings in November 2026, none of the 93 published listings was marked customary. You can browse plot listings, and ask our team on WhatsApp or by email if a seller offers you customary land.

Frequently asked questions

Related guides

• Land Tenure in Uganda: Mailo, Freehold, Leasehold, Customary
• Uganda Land Law and Land Titles Explained
• Special Certificates of Title: The 2026 Suspension
• Family Consent on Customary Land Sales
• Mailo Land Explained for Buyers
• Dual Citizenship and Land Ownership in Uganda