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;

SOMA MAKALA HII KWA KISWAHILI

The conditions 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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