Mailo Land Explained for Buyers
Updated 4 November 2026 · Land & Property editorial team
Mailo land is registered land held in perpetuity, with roots in the 1900 Uganda (Buganda) Agreement. Under section 3(4) of the Land Act the owner has nearly all the powers of a freehold owner, but those powers are subject to the rights of lawful and bona fide occupants, often called kibanja holders. When you buy mailo, you buy the land and you inherit those occupants. As of November 2026.
- Law
- Land Act, Cap. 236, ss.1, 3(4), 29, 31, 33, 36(9)
- Who can hold it
- Citizens only (s.41(4))
- Origin
- 1900 Uganda Agreement, named in the Land Act's definition of mailo
- Mailo on our listings
- 57 of 93 published listings (Land & Property listings, Nov 2026)
What is mailo land?
Mailo is one of the four land tenures in Uganda. The Land Act defines it as the holding of registered land in perpetuity, with roots in the land allotted under the Uganda Agreement of 1900. In plain words, the owner has a registered certificate of title that does not expire, and the owner can sell, lease, mortgage, subdivide or leave the land to heirs. That is why people say mailo is close to freehold. For the full list of tenures, see land tenure systems in Uganda.
The key difference is people, not paper. Section 3(4)(b) of the Land Act says mailo permits the separation of ownership of the land from ownership of developments made by a lawful or bona fide occupant. A mailo title can therefore sit on land where other families have lived and farmed for generations. This page is general information as of November 2026 and is not legal advice.
Where does mailo come from?
The Land Act itself points to the 1900 agreement. A Daily Monitor tenure overview by a Kampala advocate explains that around 1900 the colonial authorities gave freehold rights to the kings and feudal lords of the age, and the people living on that land became their tenants, commonly known as kibanja holders. The Observer, in a February 2019 explainer, adds that kibanja holders settled on mailo land with the owner's consent under the Busuulu and Envujjo Law of 1928.
That 1928 law is still named in the Land Act today. Section 29(1)(a) counts a person occupying land under the repealed Busuulu and Envujjo Law of 1928 as a "lawful occupant". The Observer says kibanja is mostly found on mailo land in Buganda, which is why most buyers meet mailo around Kampala, Wakiso and the central districts. Historians give different figures for how much land was allotted, so we leave the acreages out.
What can a mailo owner do with the land?
Section 3(4)(c) of the Land Act gives the mailo holder the powers of a freehold owner set out in section 3(2) and (3). Subject to the occupants' rights, that means the owner can:
- use and develop the land for any lawful purpose;
- take and use the produce of the land;
- sell, lease, mortgage, pledge or subdivide it, create rights for other people and create trusts;
- give it away during life or leave it by will.
A mailo title can also carry conditions, restrictions or limitations, just like a freehold title (s.3(3) and (4)(c)). Only citizens may hold mailo: section 41(4) says a non-citizen shall not acquire or hold mailo or freehold land. If you are comparing the two, read Freehold Land in Uganda.
What rights do occupants have on mailo land?
The Land Act gives three groups of people on registered land a secure position. The table summarises them. Section numbers are from the current revised Act (Cap. 236), which is numbered differently from older printed copies.
| Who | How the Act describes them | What protects them |
|---|---|---|
| Lawful occupant | Occupying under the 1928 Busuulu and Envujjo Law or the Toro and Ankole landlord and tenant laws; or entered with the registered owner's consent, including a purchaser; or a former customary tenant whose tenancy was not disclosed or compensated (s.29(1)) | Security of occupancy as a tenant by occupancy (s.31(1)) |
| Bona fide occupant | Before the 1995 Constitution came into force, had occupied and used or developed the land unchallenged by the owner for 12 years or more, or was settled there by the Government or its agent (s.29(2)) | Same security of occupancy (s.31(1)) |
| Someone who bought the occupant's interest | A person who bought or otherwise acquired the interest of a qualified bona fide occupant (s.29(5)) | Treated as a bona fide occupant |
A person on the land under a licence from the owner is not a lawful or bona fide occupant (s.29(4)). A tenant by occupancy pays the owner an annual nominal ground rent, set by the district land board with the Minister's approval, and "nominal" means reasonable and non-commercial (s.31(3) to (6)). Having no certificate of occupancy does not weaken the occupant's security (s.31(12)).
Most important for buyers is section 36(9). It says a change of ownership of the title by sale, grant, succession or otherwise does not affect existing lawful interests or a bona fide occupant's interest, and the new owner must respect them. To understand the legal term in more depth, read about the bona fide occupant.
Can a mailo owner evict kibanja holders?
Not freely. Section 33(1) of the Land Act says a lawful or bona fide occupant shall not be evicted from registered land except on an order of a court, and only for non-payment of the annual nominal ground rent. Before making the order the court must consider the factors in section 32(1), and the order must give a date at least six months ahead for the occupant to leave (s.33(2) and (3)). Section 33(4) says the court is a magistrate grade I or chief magistrate court, and that references to district land tribunals are read accordingly.
The law has been restated in public more than once. A Daily Monitor explainer of 1 September 2023 sets out the same rule, that non-payment of annual nominal ground rent is the only ground for evicting tenants. The same report quotes the State Minister for Lands calling informal sharing of a tenant's land, so the landlord can sell the rest, unlawful, and the Attorney General saying such deals can be valid only with informed consent and no coercion. If an owner tries to remove people without a court order, see Court Orders and Injunctions on Land for how courts stop it.
Occupants have duties too. A tenant by occupancy who assigns, sublets or subdivides needs the owner's consent (s.35), and must first offer the owner the first option to take the assignment (s.36(1)). The owner who wants to sell the reversionary interest must offer it first to the tenant by occupancy (s.36(3)). Sales are on a willing buyer, willing seller basis (s.36(4)).
How do you check mailo land on the title?
Start with the certificate of title and a search at the land registry. A mailo title identifies the land by county, block and plot, so learn how to read those numbers in mailo block plot meaning, and see volume folio search vs block plot search for which search to run. Then do the checks that matter most on mailo:
- Confirm the seller is the registered owner and read every entry on the title, including caveats and mortgages. Read How to Read a Certificate of Title in Uganda.
- Walk the whole boundary with the seller and neighbours, and write down every family, house, crop and grave you find.
- Ask the seller for any record of busuulu or ground rent paid by occupants, and any agreement with them.
- If the plot is part of a bigger title, confirm it has been cut out and registered. See Subdividing Land.
- Understand what registration does and does not protect. See Indefeasibility of title. A clean register does not remove occupants whose rights the Land Act protects.
- Follow the transfer steps in How to Transfer Mailo Land, and use a lawyer.
How common is mailo on our listings?
Very common. On Land & Property listings in November 2026, 57 of 93 published listings were marked mailo by the seller, including 18 of 21 plot listings and 27 of 39 farmland listings. Freehold appeared on 4 listings and leasehold on 2. That fits a stock concentrated in Kampala, Wakiso and the central districts. For a local example, read Land for Sale in Gayaza: Kiwenda, Busukuma, Nakasajja. You can also browse plot listings, and if a listing says mailo and you want it checked, ask our team on WhatsApp or by email.
Frequently asked questions
What is mailo land?
Mailo is registered land held in perpetuity, with roots in the 1900 Uganda Agreement. The owner has nearly all the powers of a freehold owner, but those powers are subject to the rights of lawful and bona fide occupants on the land, under section 3(4) of the Land Act.
Can a mailo owner evict kibanja holders?
Only through a court. Section 33 of the Land Act says a lawful or bona fide occupant can be evicted only on a court order and only for non-payment of the annual nominal ground rent. The order must give at least six months to leave.
Does a new buyer of mailo land have to keep the occupants?
Yes. Section 36(9) of the Land Act says a change of ownership by sale or otherwise does not affect the existing lawful interests or a bona fide occupant, and the new owner must respect them. Check for occupants before you pay.
Can a foreigner buy mailo land?
No. Section 41(4) of the Land Act says a non-citizen shall not acquire or hold mailo or freehold land. A non-citizen can take a lease of up to 99 years. Diaspora Ugandans who are still citizens can hold mailo.
How do I find a mailo plot on the register?
Use the county, block and plot numbers shown on the certificate of title, then search the registry or the online land information system. Compare the result with the seller's title and the physical boundaries, and ask a lawyer to confirm.
Sources
- Land Act, Cap. 236 (as at 31 December 2023), Uganda Legal Information Institute (ULII) (accessed 2026-11)
- A glimpse into Uganda's land tenure systems, Daily Monitor (Alex Matovu, Signum Advocates), 15 June 2021 (accessed 2026-11)
- Understanding mailo land and dual ownership, The Observer, 10 February 2019 (accessed 2026-11)
- Govt clarifies law on land evictions, Daily Monitor, 1 September 2023 (accessed 2026-11)