Conditions in the Certificate of Right of Occupancy
INTRODUCTION
After having succeeded
to obtain the Certificate of Right of Occupancy, it is advised to read and
understand it.
Contained in the
Certificate of Right of Occupancy, among other things, are the conditions for
that Right of Occupancy.
In this article, our
major orientation will be on the common conditions found in the Certificate of
Right of Occupancy which the Owner must comply.
These are discussed below;
i) Payment of the Land Rent
The Occupier is required to pay the Land
Rent in every year during the term of Right of Occupancy. The rent may be
revised by the Commissioner for Lands.
Why do we pay the Land Rent?
How can the Occupier know the amount
of Land Rent he/she is obliged to pay
for a particular year?
And how can one pay the Land Rent?
Here we have only evoked the primary
understanding of the Land Rent.
We shall have a detailed discussion on the
subject in of the Articles in the coming weeks.
ii) Protection of the Beacons
The Occupier is obliged to protect all the
beacons on the land throughout the term of Right of Occupancy.
But what are the Beacons? These are
permanent marks, made of concrete, iron or stone, which are fixed during the
survey and are used to demarcate the actual boundaries between one plot of land
and another.
It is also required that the missing
beacons be re-established at any time by the Occupier’s expenses.
iii) Preservation of the Environment
The Occupier is required to protect the
environment including protection of the soil against soil erosion.
iv) Building conditions
The building conditions provided in the
Certificate of Right of Occupancy includes the following;
a)
Building to be in Permanent
materials.
b)
Submit building plans to the
respective directed jurisdiction within six months after commencement of the
Right of Occupancy.
c)
Building construction to begin
within six months after approval of plans.
d)
Building to be complete within
thirty six months from the date of the commencement of the Right.
e)
What should be on the land .
For example, only one main building and usual and necessary outbuilding.
v) Use of the Land
The Certificate of Right of Occupancy
restricts the use of the land. The Occupier must comply to the indicated use.
Non-compliance may attract legal actions such as stop order and demolition.
In case the Occupier wants to change the
use of his Right of Occupancy, s/he must follow the set procedures for change
of use.
vi) Approval of Assignment by the Commissioner
The Occupier shall not assign the Right
within three years of the date hereof without the prior approval of the
Commissioner.
vii) Notification of disposition to the Commissioner
The notification should be in prescribed
form before or at the time the disposition is carried out together with all
premia, taxes, and sum prescribed in connection with the disposition.
viii) Revocation
In Tanzania, the monopoly over land is vested in the political
entity, the President (Radical Title). The President
may, therefore, revoke the Right of Occupancy for good cause or in public
interest.
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