Tanzania
Land Act
Chapter 113
- Commenced on 1 May 2001
- [This is the version of this document at 30 November 2019.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Land Act.2. Interpretation
In this Act, unless the context required otherwise—"access order" means an order made under section 148;"actual notice" means the notice which a person has personally of a matter or action or document or the rights and interests of another person;"Allocations Committee" means the Land Allocations Committee established by section 12;"appointing authority" means the person or organization having the authority under any law to appoint persons to the public service;"assignee" means a person to whom an assignment is made;"Assistant Commissioner" means an Assistant Commissioner appointed under section 11;"authorised officer" means an officer authorised by the Commissioner or the Registrar to perform any functions of the Commissioner or, as the case may be, the Registrar which may be specified in the document of authorisation delivered to that officer;"borrower" means a person who obtains an advance of money or money's worth or agrees to the fulfillment of a condition on the security of a mortgage of his right of occupancy or lease;"building" means any building or other structure made or assembled on, in or under any land and includes the land on, in or under which the building or structure is situate;"caveat" means a notice in the form of an entry on a register that no action of a specified nature in relation to the right of occupancy in respect of which the notice has been entered may be taken without first informing the person who gave the notice;"certificate of approval" means the certificate granted under section 41;"certificate of occupancy" means a certificate issued under section 29;"certificate of validation" means a certificate issued under section 53;"Commissioner" means the Commissioner for Lands appointed under section 9;"communal right of way" has the meaning ascribed to it by section 153;"co-occupancy" has the meaning ascribed to it by section 159;"Council" means the National Land Advisory Council established by section 17;"Court" means anybody established by or under any written law which is referred to in section 167 as having jurisdiction to determine land disputes;"customary law" has the meaning ascribed to it by the Interpretation of Laws Act;[Cap. 1]"customary right of occupancy" includes deemed right of occupancy;"dealing" includes disposition and transmission;"deemed right of occupancy" means a right to title of a Tanzania citizen of African descent or a community of Tanzania citizens of African descent using or occupying land under and in accordance with customary law;"deliver" includes to transmit by post or by hand;"derivative right" means a right to occupy and use land created out of a right of occupancy and includes a lease, a sub-lease, a licence, a usufructuary right and any interest analogous to those interests;"Deputy Commissioner" means a Deputy Commissioner appointed under section 11;"development" means the carrying out of any building operation, engineering operation or mining operation in, on, under or over land or the making of any change of a substantial nature in the use of land;"disposition" means any sale, exchange, transfer, grant, partition, exchange lease, assignment, surrender, or disclaimer and included the creation of an easement, a usufructuary right or other servitude or any other interest in a right of occupancy or a lease and any other act by an occupies of a right of occupancy over that right of right of occupancy or under a lease whereby his rights over that right of occupancy or lease are affected and an agreement to undertake any of the dispositions so defined;"district authority" means a district council, a township authority or a village council;"District Land and Housing Tribunal" means a Court referred to in section 167;"dwelling house" means any house or part of a house or room used as a separate dwelling in any building and included any garden or other premises within the cartilage of a used as a part of the dwelling house as so defined;"easement" has the meaning ascribed to it by section 143;"entry order" means an order made under section 155;"foreign company" means a company classified as a foreign national by the Tanzania Investment Act;[Cap. 38]"Fund" means the Land Compensation Fund established by section 173;"general land" means all public land which is not reserved land or village land includes un occupied or unused village land;"granted right of occupancy" means a right of occupancy granted under and in accordance with Part VI;"hazardous land" means land declared to be hazardous land under section 7;"head lease" means a lease in respect of which a sublease is entered into;"High Court" means the High Court of Tanzania established under Article 108 of the Constitution of the United Republic;"instrument" means a writing including an enactment which creates or affects legal or equitable rights and liabilities and includes any covenant or condition expressed in an instrument or implied in an instrument under this or any other enactment relating to land and, except where otherwise provided, any variation of an instrument;"interest" means a right in or over a right of occupancy;"land" includes the surface of the earth and the earth below the surface and all substances other than minerals and petroleum forming part of or below the surface, things naturally growing on the land, buildings and other structures permanently affixed to or under land and land covered by water;"lease" means a lease or sublease, whether registered or unregistered of a right of occupancy and includes a short-term lease and agreement to lease;"lender" means a person to whom a mortgage has been given as security for the repayment of an advance of money or money's worth or to secure a condition;"lessee" means a person to whom a lease is granted and includes a person who has accepted a transfer or assignment of a lease;"lessor" means a person by whom a lease is granted and includes a person who has accepted the transfer or assignment of the reversion of a lease;"letter of offer" means a letter of offer issued under section 27;"licence" means a permission given by the Government or an occupier of land under a right of occupancy or a lessee which allows the person to whom the licence is given to occupy or use or do some act in relation to the land comprised in the right of occupancy or the lease which would otherwise be a trespass but does not include an easement;"licensee" means the person granting or giving the licence;"lien" means the holding by a lender of any document of title relating to a right of occupancy or a lease as security for an advance of money or money's worth or the fulfillment of a condition;"local government authority" means a district authority or an urban authority;" Minister" means the Minister responsible for land;"mortgage" means an interest in a right of occupancy or a lease securing the payment of money or money's worth or the fulfillment of a condition and includes a submortgage and the instrument creating a mortgage;"occupier in common" has the meaning ascribed to it by section 159;"partition" means the separation by formal legal instrument of the shares in a right of occupancy or a lease held by occupiers in common so that each such occupier takes his shares free of the rights of the others and includes partition carried out in accordance with section 149;"periodic lease" means a lease from year to year, half year to half year, quarter to quarter, month to month, week to week or the like;"peri-urban area" means an area which is within a radius of ten kilometers out-side the boundaries of an urban or semi built up area or within any large radius which may be prescribed in respect of any particular urban area by the Minister""Permanent Secretary" means the Permanent Secretary in the Ministry responsible for land;"Primary land Court" means a Court established by section 167;"public land" means all the land of Tanzania;"public right of way" has the meaning ascribed to it by section 151;"register" means a register prescribed under this Act for the recording of rights and interests in and dispositions, of land in connection with right of occupancy and includes the and register established under the Land Registration Act, and the registry of documents established under the Registration of Documents Act;[Cap. 334; Cap. 117]"registered valuer" means a valuer with a professional or academic qualification in land valuation or with a professional or academic qualification in a subject that includes land valuation;"Registrar" has the meaning ascribed to it by the Land Registration Act, and includes the registrar of documents as appointed and defined in the Registration of Documents Act;[Cap. 334; Cap. 117]"regularisation area" means an area in respect of which a scheme of regularisation has been declared;"reserved land" means land referred to by section 6;"residential licence" has the meaning ascribed to it by section 23;"restrictive agreement" means an agreement by one occupier of land under a right of occupancy restricting the building on or the use or other enjoyment of his land for the benefit of the occupier under a right of occupancy or neighbouring land and includes a restrictive covenant;"right of occupancy" means a title to the use and occupation of land and includes the title of a Tanzanian citizen of African descent or a community of Tanzanian citizens of African descent using or occupying land in accordance with customary law;"Rules Committee" means the Land Court Rules Committee established by section 167;"sale" as used in relation to a right of occupancy, means transfer of an interest in or over land on conditions attached to a granted right of occupancy;[Act No. 2 of 2002]"scheme of regularisation" means a scheme declared by the Minister under section 59;"short term lease" has the meaning ascribed to it by section 80;"small mortgage" has the meaning ascribed to it by section 114;"transfer" means the passing of a right of occupancy, a lease or a mortgage the parties and not by operation of the law and includes the instrument by which such passing is effected;"transferee" means a person who receives the right of occupancy, lease or mortgage passed by an act of transfer;"transfer land" means general or reserved land which is to be transferred from one category of land;"transferor" means the person who passes the right of occupancy, lease or mortgage by an act of transfer;"transmission" means the passing of a right of occupancy, a lease or a mortgage from one person to another by operation of law on death or insolvency or otherwise;"trustee" means a person having a nominal title to the ownership of land or other property which he is under a legal duty to hold for the benefit of some other person or persons and includes a trustee appointed under the Trustees (Incorporation) Act;[Cap. 318]"Trustees" means the Trustees of the Land Compensation Fund established by section 173;"unexhausted improvement" means anything or any quality permanently attached to the land directly resulting from the expenditure of capital or labour by an occupier or any person acting on his behalf and increasing the productive capacity, the utility, the sustainability of its environmental quality and includes trees, standing crops and growing produce whether of an agricultural or horticultural nature;"urban area" means an area within the jurisdiction of an authority established or deemed to have been established under and governed by the Local Government (Urban Authorities) Act and the Local Government (District Authorities) Act;[Cap. 288; Cap. 287]"village council" has the meaning ascribed to it by the Local Government (District Authorities) Act;[Cap. 287]"village land" means the land declared to be village land under and in accordance with section 4 and includes any transfer land transferred to a village;"Village Land Council" has the meaning ascribed to it by section 60 of the Village Land Act;[Cap. 114]"village transfer land" means village land which is to be transferred to become part of general or reserved land;"way leave" has the meaning ascribed to it by section 151.[Act No. 7 of 2016 2nd Sch. Para. 2]Part II – Fundamental principles of National Land Policy
3. Fundamental principles of National Land Policy
Part III – Classification and tenure of land
4. All land vested in President as trustee
5. Transfer of general or reserved land to village land
6. Categories of reserved land
7. Declaration of hazardous land
Part IV – Administration
8. Minister’s responsibilities
The Minister shall be responsible for policy formulation and for ensuring the execution by officials in the Ministry of the functions connected with the implementation of the National Land Policy and of this Act which are allocated or delegated to him by the President and in pursuance of this responsibility, the Minister may—9. Appointment of Commissioner for Lands
10. Functions of Commissioner
11. Appointment of officers
There shall be appointed a Deputy Commissioner of Lands and one or more Assistant Commissioners and, after obtaining the advice of the Commissioner, any other officers whom the appointing authority shall consider necessary.[Please note: numbering as in original.]12. Land Allocations Committees
13. Information from Commissioner to members of public
14. Functions and roles of local government authorities under this Act
15. Conflict of interests
16. Protection of officers
No officer appointed under this Act shall be personally liable for any act or matter done or ordered to be done or omitted to be done by him in good faith and without negligence and in the intended or purported exercise of any power, or the performance of any duty, conferred or imposed on or allocated or delegated to him by or under this Act.17. National Land Advisory Council
18. Inquiries
Part V – Rights and incidents of land occupation
19. Rights to occupy land
20. Occupation of land by non-citizen restricted
21. Ceiling on land occupancy
22. Incidents of granted right of occupancy
23. Residential licence and its incidents
Part VI – Granted rights of occupancy
Sub-Part 1 Grant of right of occupancy
24. Application of this Part
This Part applies to granted rights of occupancy hereafter referred to as "rights of occupancy".25. Procedure for application for right of occupancy
26. Determination of application by Commissioner
27. Repealed
Repealed by Act No. 17 of 2008, s. 5.28. Repealed
Repealed by Act No. 17 of 2008, s. 5.29. Grant of right of occupancy
30. Repealed
Repealed by Act No. 17 of 2008, s. 7.30A. Saving provisions
Notwithstanding the amendment and repeal of sections 26, 27, and 28 an offer of a right of occupancy issued before the 1st December, 2008 shall continue to be valid for all purposes and shall have the force of law applicable to it as if sections 26, 27 and 28 had not been amended or repealed as the case may be.[Act No. 3 of 2009 s. 45; Cap. 4 s. 8]Sub-Part 2 Conditions on right of occupancy
31. Payment of premium on grant of right of occupancy
32. Length of term of right of occupancy
33. Rent
33A. Exemption from land rent on Government
34. Conditions
35. Change of use
Sub-Part 3 Dispositions of right of occupancy
36. General provisions as to dispositions
37. Approval for dispositions
38. Supervisory powers over dispositions
39. Application for grant of approval for disposition
40. Reconsideration of application for approval for disposition
41. Criteria for determining application for grant of approval for disposition
42. Power to surrender right of occupancy
43. Procedure for surrender of right of occupancy
Sub-Part 4 Breach of conditions of right of occupancy
44. When breach of condition of right of occupancy arises
45. Liability to revocation for breach of condition
46. Fine for breach of condition
47. Summary action to remedy breach of condition
48. Action to enforce revocation for breach of condition
49. Revocation and its effects
50. Summary proceedings for recovery of rent
51. Abandonment of land held under right of occupancy
Sub-Part 5 Auctions of right of occupancy
52. Auction of and tenders for rights of occupancy
Part VII – Conversion of interests in land
Sub-Part 1 Validation of interests in general land
53. Validation of certain dispositions completed before coming into operation of this Act
54. Effect of non-application for certificate of validation
55. Validated derivative rights where certificate of validation not applied for
Sub-Part 2 Regularisation of interests in land
56. Application of sections 56 to 60
Sections 56 to 60 of this Act apply to land within the boundaries of any urban authority and to any land in a peri-urban area whether that land is within the boundaries of a village and is village land or not.57. Purpose of and criteria for declaring scheme of regularization
58. Determination of whether to declare scheme of regularisation
59. Procedure for declaration of scheme of regularisation
60. Content of scheme of regularization
Part VIII – Disposition affecting land
Sub-Part 1 General provisions
61. Dispositions and dealings affecting land
62. Instruments of disposition
63. Execution of instruments in writing
64. Writing required for enforcement of contracts relating to land
65. Person may make disposition to himself
66. Covenants to be implied in certain instruments
67. Implied covenants
The following are the covenants implied, subject to section 66, in every instrument to which section 66 refers—Sub-Part 2 Dispositions to prejudice creditors
68. Purpose of this Sub-Part
The purpose of sections 68 to 76 is to enable a Court to order that any interest in land acquired or received under or through certain prejudicial dispositions of those interests in land made by a debtor or the value of those interests in land be restored for the benefit of unsecured creditors but no order referred to in this section has effect so as to increase or prejudice the value of any security held by a creditor over the interest in land of the debtor.69. Prejudicial dispositions
70. Dispositions to prejudice creditors may be set aside
71. Protection of persons receiving land under prejudicial disposition
72. Application of this Sub-Part to customary dispositions
A creditor for whose protection of this Sub-Part of this Act applies who alleges and provides prima facie evidence that a disposition made under customary law has been made with the same purpose and effect as a prejudicial disposition to which this Sub-Part applies may apply to the Court under section 70 for that disposition to be set aside and the Court shall, on being satisfied that that customary disposition is a prejudicial disposition, apply the provisions of this Sub-Part to that prejudicial disposition.Sub-Part 3 Sale of right of occupancy
73. Regaining possession of land after concluding contract for sale of right of occupancy
74. Procedure for obtaining order for possession
75. Relief against rescission of contract for sale of right of occupancy
76. Purchaser of right of occupancy may seek relief against performance of contract to assign
Part IX – Leases
Sub-Part 1 General provision
77. Application of this Part
78. Power to lease right of occupancy
79. Periodic leases
80. Short term leases
81. Lease terminating on occurrence of future event
A lease which comes into operation on or after the date on which this Part of this Act comes into operation which provides for its termination or permits notice of its termination to be given on the occurrence of a future event is not invalid by reason only of that fact if the event is sufficiently defined in the lease so as to be identified when it occurs.82. Lessee remaining in possession after termination of lease without consent of lessor
83. Future leases
84. Lessor's consent to dealing with leases
Where a lease contains a condition, express or implied, by the lessee that he will not transfer, sublet, mortgage or part with the possession of the land leased or any part of it without the written consent of the lessor, no dealing with the lease shall be registered until the consent of the lessor has been produced to, and authenticated to the satisfaction of the Registrar.85. Notice by joint occupiers
Where a lease is entered into by—86. Sublease for term same as or longer than term of head lease
87. Surrender to enable new head lease to be entered into not to affect sublease
Sub-Part 2 Covenants, conditions and powers implied in leases
88. Covenants implied in leases on part of lessor
89. Convenants implied in leases on part of lessee
90. Application of covenants to customary leases
91. Meaning of reference to the "usual covenants"
In a lease coming into effect after the commencement of this Act, unless the context requires otherwise, a reference to "the usual covenants" is to be taken as a reference to the covenants implied in that lease by sections 88 and 89.92. Meaning of "in a reasonable state of repair"
In a lease coming into effect after the commencement of this Act, a covenant to keep a building or part of it "in a reasonable state of repair" (or like expression) shall, in the absence of an express provision to the contrary, mean in such a state of repair as that which a prudent owner might reasonably be expected to keep his own building, due allowance being made for the age, character and locality of the building and the means of the person under the obligation to comply with such a covenant provided that, there shall not be read into any such covenant an undertaking by a lessee to put any building or part of it into a better condition than it was in at the commencement of the lease.93. Consent by lessor to application by lessee under lease
Sub-Part 3 Transfers, assignments and transactions
94. Merger of lessor's interest not to affect remedies
95. Burden and benefit of covenants to run with reversion
96. Effect of payment by lessee to assignor of reversion
97. Transferor or assignor of lease released from liability to pay rent and observe covenants thereafter
98. Transferee or assignee as lessee
Sub-Part 4 Remedies and relief
99. Application of this Sub-Part to customary leases
This Sub-Part shall apply to all leases and licences.100. Application of this Sub-Part to customary leases
101. Determination of lease
102. Distress for rent
103. Termination of lease for non-payment of rent or breach of covenant
104. Notice of intention to terminate a lease for breach of covenant
105. Notice of intention to terminate lease for breach of covenant other than to pay rent
106. Consequential provisions relating to notices under sections 104 and 105
107. Application for relief
108. Power of Court with respect to order of termination and relief
109. Remedies of lessor and lessee for breach of covenant
110. Unlawful eviction
Part X – Mortgages
Sub-Part 1 General provisions
111. Application of this Part to mortgages
112. Interpretation of expressions used in this Part
113. Power to create mortgage
114. Mortgage of matrimonial home
115. Application of this Part to customary mortgages
116. Mortgage of land to take effect as security only
117. Priority
118. Tacking
119. Consolidation
120. Variation of mortgage
120A. Mortgage of land
120B. Money to be invested in Tanzania
120C. Scope of application
The provisions of sections 120A(2), (3) and 120B(1) shall not apply to land held under the Certificate of Customary Right of Occupancy.[Act No. 1 of 2018 s. 10]120D. Non compliance under mortgage of land
Failure to comply with the requirements under sections 120A and120B shall constitute a breach of conditions of right of occupancy provided for under section 45(2).[Act No. 1 of 2018 s. 10]120E. Procedure relating to mortgage of land
The procedure for administration and enforcement of section 120A and 120B shall be prescribed in the Regulations.[Act No. 1 of 2018 s. 10]Sub-Part 2 Discharge of mortgages
120F. Contents of notice
121. Right to discharge
122. Transfer of mortgage
123. Mortgagee’s consents of transfer
Where a mortgage contains a condition, express or implied, by the mortgagor that the mortgagor will not without the consent of the mortgagee transfer or assign or lease the right of occupancy or in the case of a lease or sublease, then no transfer, assignment, lease or sublease shall be registered until the written consent for the mortgagee has been produced to the Registrar and any such transfer shall be null and void as a matter of law with respect to the interests of the mortgagee.[Act No. 17 of 2008 s. 12]Sub-Part 3 Covenants, conditions and powers implied in mortgages
124. Implied covenants by mortgagor
Sub-Part 4 Powers of the mortgagee
125. Foreclosure abolished
126. Remedies of mortgagee
Where the mortgagor is in default, the mortgagee may exercise any of the following remedies—127. Notice to exercise Remedies
128. Appointment, powers, remuneration and duties of receiver
129. Mortgagee's power of leasing
130. Power of mortgagee to take possession of mortgaged land
131. Withdrawal of mortgagee from possession
132. Mortgagee’s power of sale
133. Duty of mortgagee exercising power of sale
134. Powers incidental to power of sale
135. Protection of purchaser
136. Sale by mortgagee to himself
137. Application of proceeds of sale of mortgaged land
The purchase money received by a mortgagee who has exercised his power of sale shall be applied in the following order of priority—138. Right of mortgagor to discharge mortgage on payment of sum due any time before sale
139. Action by mortgagee for possession of dwelling house or agricultural land
140. Power of Court in relation to possession of mortgaged land, and application of the Civil Procedure Act
141. Powers of Court to reopen certain mortgages and revise terms
142. Exercise of powers to reopen certain mortgages
Part XI – Easements and analogous rights
Sub-Part 1 General provisions
143. Application of this Part
144. Nature of easement
145. Terminology
Sub-Part 2 Creation etc., of easements and analogous rights
146. Creation of easement
147. Entry on neighbouring land where easement refused
148. Access to landlocked land
149. Enjoyment of easement and analogous rights
150. Cancellation and extinguishment of easements and analogous rights
Sub-Part 3 Public rights of way
151. Power of Minister to create public rights of way
152. Application for wayleave
153. Application for communal right of way
154. Determination on creation of public right of way
155. Powers of registrar with respect to public right of way
156. Compensation in respect of public right of way
Sub-Part 4 Powers of court
157. Power of Court to enforce easements and analogous rights
A Court may, in determining any question or dispute concerning the existence or effect of an easement or an analogous right or a public right of way, make an order on any conditions which it thinks fit on all or any of the following matters:158. Power of Court to modify or extinguish easements and analogous rights
Part XII – Co-occupancy and partition
159. Meaning and incidents of co-occupancy
160. Certificate of occupancy of co-occupiers
161. Co-occupancy and other relationships between
162. Partition
163. Ancillary power of Registrar in connection with partition
164. Sale of co-occupied land
165. Partition subject to mortgage
166. Reorganisation or winding up of land sharing arrangement
Part XIII – Dispute settlement
167. Courts
Part XIV – Miscellaneous provisions
168. Substituted service
169. Publication of notices and other information
170. Rights of entry
171. Call for information
172. Meaning of "opportunity of being heard"
173. Land Compensation Fund
174. Fees
175. Unlawful occupation of land
176. Obstruction of public rights of way
177. Offences
178. Corrupt transactions
179. Regulations
The Minister may make regulations prescribing anything which may be prescribed under this Act and generally for the better carrying into effect of the purposes and provisions of this Act and removing any difficulties, occasioned by the coming into operation of this Act and without prejudice to the generality of the foregoing, such regulations may prescribe—180. Law to be applied
181. Application of this Act
On and after the commencement of this Act, notwithstanding any other written law to the contrary, this Act shall apply to all land in Mainland Tanzania and any provisions of any other written law applicable to land which conflict, or are inconsistent with any of the provisions of this Act shall to the extent of that conflict or that inconsistency cease to be applicable to land or any matter connected with land in Mainland Tanzania.182. Repeals
The written laws set out in the Schedule herein are hereby repealed.183. Savings and transitional provisions with respect to rights, actions, dispositions etc.
184. Savings and transitional provisions with respect to rules, orders, etc
185. Act to be translated into Kiswahili
The Minister shall, as soon as may be practicable after the enactment of this Act, cause this Act to be translated into Kiswahili and that translation shall be published in the Gazette and in any other manner and form as will enable the citizens of Tanzania to gain access to that translation.186. Act to bind Government
This Act shall bind the Government.History of this document
30 November 2019 this version
Consolidation
01 May 2001
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Land (Exemption of Rent) Regulations, 2019 | Government Notice 347 of 2019 |
Cited documents 0
Documents citing this one 166
Gazette 83
Judgment 69
Legislation 14
1. | Village Land Act | 20 citations |
2. | Regulation of Land Tenure (Established Villages) Act | 8 citations |
3. | Freehold Titles (Conversion) and Government Leases Act | 3 citations |
4. | Ngorongoro Conservation Area Act | 3 citations |
5. | Advocates Act | 2 citations |
6. | Land Registration Act | 2 citations |
7. | National Housing Corporation Act | 2 citations |
8. | Government Leaseholds (Conversion to Rights of Occupancy) Act | 1 citation |
9. | Stock Theft (Prevention) Act | 1 citation |
10. | Tanganyika Higher Education Trust Fund Act | 1 citation |
11. | Beekeeping Act | |
12. | Natural Resources Act | |
13. | Road Frontage Premia Act | |
14. | Urban Leaseholds (Acquisition and Regrant) Act |