Ways of Accessing Land in Tanzania

Introduction

In Tanzania, every member of the community has equal access to land rights. This article explains different ways through which a person or an institution can obtain land. By understanding these ways, we believe, you will be in a position to acquire, and eventually own, land. These ways are;
a) Allocation
b) Purchase
c) Inheritance
d) Gift                    
e) Lease           
f) Clearing unoccupied/unowned bush

SOMA MAKALA HII KWA KISWAHILI

a) Allocation

This way involves land allocation by the relevant authority of the government. A person apply for land by filling a prescribed form.

Village Land is allocated by the Village Council after the endorsement by the Village Assembly (a meeting of all villagers above 18 years).

Reserved Land is allocated by the Ministry of Lands with cooperation from respective reserve authority.

Allocation of the General Land is done by the District and Municipal Councils to the applicants in respective jurisdiction.

b) Purchase

The law permits any capable individual or institution to access land by buying from the owner who wants to sell it. The land can be Village Land, General Land, or Reserved Land.

We shall have a detailed discussion of this way in the coming weeks.
CLICK HERE TO READ ABOUT PURCHASE OF LAND

c) Inheritance

A person can access land through inheritance from the parents, or husband (for women).

This way can be viewed from two perspectives; in the presence, and in the absence of the will by the deceased.

In the presence of the will, the mentioned heirs in the will are entitled to inherit the deceased’s properties including land.

In the absence of the will, the probate administrator is appointed and the deceased’s properties are distributed.

In either case above, women have equal right to access land as men.

d) Gift

An individual or an institution may be given land by a friend, relative or any person as a gift, and that becomes one of the ways of accessing land.

The testator is free before death to donate any or all of his/her assets in Tanzania to anyone through a Deed of Gift based on natural love and affection.

If the donor is married, then his/her spouse must consent to the transfer of a matrimonial home.

e) Lease

This way involves accessing the right to use the land for an agreed period of time, and is accompanied with the payment of rent to the owner of the land.

The difference between lease and other ways of accessing land is that in lease the user is entitled to limited, lesser rights than the owner.

Men, women and institutions in Tanzania have nondiscriminatory access to land through this way.

f) Clearing unoccupied/unowned bush

This is the oldest way of accessing land in Tanzania in which a person clears unowned bush and put it into use. The cleared bush can be in the Village Land, General Land, or Reserved Land.

It is quite difficult to use this way to access land nowadays, nevertheless it is widely used in many parts of Tanzania.

When one is ordered by the authority to follow procedures such as registration of land, one must obey the order.

Also, when the occupier is required to vacate the land, the respective authority should pay compensation for any development made on that land.

Conclusion

Accessing land per se is not an end, and is not a proof of ownership. One must legally own the land to ensure security of tenure.

The subject of legal ownership of land is discussed in Article003E.