Proxpert Legal

Change of Citizenship & Land Ownership In Uganda

What Happens To Your Land When You Change Citizenship?

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Introduction
A single legal change can quietly strip you of your land ownership rights in Uganda, and most people don’t realise it until it’s too late.
You worked for it.
You paid for it.
You own it outright and have the certificate of title to prove it.

Then one day you acquire another citizenship and just like that, the nature of your ownership quietly changes too.

The Law
- The Constitution of the Republic of Uganda clearly states that land in Uganda belongs to the citizens of Uganda and expressly provides that non-citizens may only acquire leases on land.
- The Land Act of Uganda limits leases granted to non-citizens to a period of ninety nine (99) years.
- This is also true for companies whose controlling interest or majority shares are held by non-citizens.

Implication on pre-existing rights
If a Ugandan renounces citizenship or automatically loses citizenship upon acquiring another nationality, they no longer qualify to hold land under freehold, mailo or customary land tenures and any pre-existing ownership rights held under these tenures have to be converted to leasehold tenure in order to remain valid.

Failure to convert ownership rights held under freehold, mailo or customary land tenure to leasehold tenure after losing Ugandan citizenship makes such ownership illegal and can result in cancellation of a certificate of title.

Implication on inheritance rights
Any land held under freehold, mailo and customary tenures cannot be inherited or bequeathed to a non-citizen even under a Will. Any land comprising the estate of a deceased person is distributed or bequeathed in accrodance with the Succession Act of Uganda and is subject to the restriction on ownership of land by non-citizens.  

A Ugandan who has lost Ugandan citizenship can therefore only inherit or bequeath land held under leasehold tenure.

The dual citizenship factor
The Citizenship and Immigration Act of Uganda permits a Ugandan citizen who desires to acquire the citizenship of another country while retaining his or her Ugandan citizenship to apply for dual citizenship, upon fulfilling the pre-requisite legal requirements.

The said Act also permits a non-Ugandan citizen who wishes to acquire Ugandan citizenship while retaining the citienship of another country to apply for dual citizenship upon fulfilling the pre-requisite legal requirements.

Upon acquiring dual citizenship, a Ugandan citizen enjoys unrestricted rights to own land under any tenure in Uganda.

Conclusion
Citizenship is not just a passport decision.
It is a property decision.
It is a business decision.
It is an estate planning decision.
It is a question of law.

With proper structuring, you can protect your rights and investments and avoid uninteded but foreseeable consequences.

This article is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances;

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