Legal Ownership of Land in Tanzania

Introduction

In this article the discussion will be on the types of land tenure in Tanzania. These types are what constitute legal ownership of land.

To promote more understanding of the topic, the article also discusses the eligibility of land ownership and the position of foreigners as far as land ownership is concerned.

SOMA MAKALA HII KWA KISWAHILI

Who Can Own Land in Tanzania?

The following are legally eligible to own land through either Granted Right of Occupancy or Customary Right of Occupancy;
a)      Tanzanian male or female.
b)      A group of two or more Tanzanian citizens whether formed together in an association under any law or not, and a partnership or a corporate body.

What is the Position of Foreigners?

Generally, the laws of Tanzania do not permit noncitizen(s) to own land except for investment purposes.

The Land Act provides that “a person or a group of persons, whether formed into a corporate body under the Companies Act Cap. 212 or otherwise who is or are noncitizens, including a corporate body the majority of whose shareholders or owners are non-citizens, may only obtain a right of occupancy or derivative right for purposes of investment prescribed under the Tanzania Investment Act Cap. 38”.

Types of Land Ownership

There are two major types of land ownership in Tanzania which are;
a) Granted Right of Occupancy
b) Customary Right of Occupancy

a)  Granted Right of Occupancy

This is the right of occupancy granted by the President (through the Commissioner for Lands) to a person, institution, or group of people which allow them to own land in the General or Reserved Land.

The ownership is created by means of the issuing of a Certificate of Right of Occupancy which outlines the conditions for that ownership.

The next three articles will be on the various aspects of the Granted Right of Occupancy.

b) Customary Right of Occupancy

Customary right of occupancy is held by villagers in the Village Land, and its meaning is twofold;

Firstly, it includes land allocated by the Village Council. Here the right of occupancy is created by means of the issuing of a Certificate of Customary Right of Occupancy.

Secondly, it includes land acquired under customary law through, for example, purchase, clearing forest, gift, and inheritance. Here, the right of occupancy follows the customs and traditions of a particular society.

Derivative Rights

These rights are created out of the Right of Occupancy and they include the following;

i)  Leaseholds

This is a derivative right granted by holders of the Granted and Customary Rights of Occupancy.

Holders of the Granted Right of Occupancy may lease their land according to the Land Act No.4 of 1999. Holders of the Customary Right of Occupancy may lease their land subject to any restrictions  imposed by the Village Council.
It should be remembered that leasehold also includes sublease.

     ii) Residential Licence

This is the derivative right granted by the state(or its agent) on general or reserved land in order to formalize unplanned settlements. Residents in urban and peri-urban  non-hazardous areas who had occupied their land for at least three years at the time the Land Act was enacted.

Conclusion