The Land Act

This section says the Act may be cited as the Land Act.

This section defines terms used in the Act, such as “access order,” “actual notice,” and “Allocations Committee.”

People exercising powers under, applying, or interpreting the Act must have regard to the National Land Policy principles. Adult women have the same right as men to acquire, hold, use, and deal with land, on the same terms and restrictions.

This section says land in Tanzania remains public land, vested in the President as trustee, and sets out the President’s related powers over land categories and occupancy grants.

This section sets out the procedure for transferring general or reserved land to village land, including notice, representations, reporting, and the President’s transfer power.

This section defines what counts as reserved land and gives the Minister and President powers to declare certain land as hazardous or reserved land.

This section sets out how land can be declared hazardous land and what notices, consultation steps, and approvals are required.

The Minister is responsible for policy formulation and supervising Ministry officials, and may give directions, seek advice, and take necessary actions for land administration and implementation of the National Land Policy and this Act.

The President appoints a Commissioner for Lands.

The Commissioner manages land administration, must follow delegated presidential directives, must give reasons for adverse determinations in some cases, and must publish an annual report.

The section sets out who must be appointed in land administration, what appointed officers must do, and when the Commissioner may authorise or delegate functions.

The Minister must establish Land Allocations Committees at appropriate government levels.

The Commissioner and appointed officers must, where practical, give the public general information and guidance on land matters and this Act.

Local government authorities and their officers are generally barred from granting occupancy rights unless specifically authorized; they may also communicate with, advise, and send applications to the Commissioner in the ways set out here.

Officials must step aside and disclose conflicts of interest involving land matters, especially where they or their immediate family have an interest.

An officer appointed under this Act is protected from personal liability for acts or omissions done in good faith, without negligence, and while exercising or performing powers or duties under the Act.

This section establishes the National Land Advisory Council and sets who appoints its members and chair.

This section lets the Minister appoint an inquiry into land-related matters and sets how the inquiry must be run.

This section defines land occupation rights and limits non-citizens to specified land interests only for approved investment purposes, subject to stated exceptions.

Non-citizens generally cannot be allocated or granted land unless the land is for investment under the Tanzania Investment Act.

The Minister must make regulations about land ceilings and consultation when determining them.

A granted right of occupancy is issued by the President and comes with conditions on land, registration, term, rent, revocation, and compulsory acquisition.

A residential licence lets the licensee occupy specified land for the licence period, and the licensee may not assign it.

This Part applies to granted rights of occupancy, which are referred to as “rights of occupancy”.

A person occupying surveyed land must apply to the Commissioner for a right of occupancy within 90 days after the survey plan is approved.

An application for a right of occupancy must be filed with the required form, attachments, signatures, fees, and any extra information or consents required by law or by the Commissioner.

The Commissioner determines applications for rights of occupancy and may approve, return, reject, or act on recommendations tied to those applications.

Section 28 is repealed.

Section 29 is repealed.

If the Commissioner grants a right of occupancy, a certificate of occupancy must be issued to the person, and the occupier must sign it to accept its terms.

Section 31 is repealed.

A pre-1 December 2008 offer of a right of occupancy remains valid and keeps its legal force despite the amendment or repeal of sections 27, 28, and 29.

The Minister may require a premium for a right of occupancy, set how it is paid, and demand payment before or with the occupancy certificate.

A right of occupancy may be granted for up to 99 years, and some shorter or renewable arrangements are also allowed.

The holder of a right of occupancy must pay annual rent, and the Commissioner sets how and when it is paid.

Land rent collected under this Act must be deposited into the Consolidated Fund.

Some land uses are exempt from paying rent for a right of occupancy, and the Commissioner must adjust rent if land stops being used for those exempt purposes.

This section makes rights of occupancy subject to conditions, requires building-related applications within six months where applicable, and sets consultation, customary-rights, compensation, and inspection rules.

An occupier may ask the Commissioner to change occupancy conditions so a new use, development, or related disposal can be allowed, but the application must be complete and the change cannot be acted on until endorsement, signatures, and any required payments are done.

A disposition of a right of occupancy must follow this section and related sections, usually does not need the Commissioner’s consent, and requires notice and payment before or when the disposition happens.

Some land dispositions need the Commissioner’s approval, and certain sales or transfers are allowed only if stated conditions are met.

The Commissioner may stop a disposition from proceeding by notice, and may take further steps where a disposition is undisclosed, suspicious, or possibly fraudulent.

An approval application must use the prescribed form, be signed by all applicants, include required information and fees, and the Commissioner decides whether to grant approval, subject to conditions, or refuse it.

An applicant may ask the Commissioner to reconsider a refused or conditionally approved disposition application.

The Commissioner must decide disposition approval applications within 60 days, may require a valuation in undervalue cases, and must follow any ministerial regulations made for small-holder land amounts.

An occupier may surrender all or part of land held under a right of occupancy, but the Commissioner must not accept it unless listed conditions are met.

A person surrendering a right of occupancy must use the prescribed written form, sign it, and attach required documents and any prescribed fee; the Commissioner must then decide whether to accept or refuse the surrender, and the Registrar must update the register.

A breach of a condition happens when a required condition is not complied with, including where a required act is not done on time or is done too early.

A right of occupancy may be revoked for breach of a condition, but the President cannot revoke it without good cause; the Commissioner must consider the breach and warn the occupier before action.

If a condition is breached, the Commissioner may notify the occupier, require a response, and later require payment of a prescribed fine; the occupier must respond within the notice time.

If a breach of condition can be fixed within a reasonable time, the Commissioner may issue a notice requiring the occupier to remedy it within the stated time.

If specified breach or non-compliance conditions are met, the Commissioner must serve a revocation notice, notify interested persons and the Registrar, and then recommend revocation after the notice takes effect.

When a revocation is approved by the President, the Commissioner must publish notice, the occupancy rights end immediately, and compensation is payable to the former occupier subject to deductions and exclusions.

If rent for a right of occupancy is unpaid on time, an authorised officer may demand payment, and if it remains unpaid after 14 days, file the notice in the tribunal or district court for enforcement.

If land under a right of occupancy appears to have been abandoned, the Commissioner must publish a notice, allow at least 60 days for objections, and may then issue a declaration of abandonment.

The Minister may direct that part of general land be made available for development through a right of occupancy by auction or tender, after considering the Commissioner’s advice. The Minister must also make regulations for how those auctions and tenders are held and conducted.

This section lets certain people validate earlier land dispositions and occupations, if they meet the stated conditions and apply within the time limit.

If a person occupying land under section 57 does not comply on time, the interest is treated as a licence for six years; the occupier may apply for a right of occupancy or lease, and may get compensation if refused.

This section says when a validated derivative right becomes a right of occupancy, how its term is set, who it is held from after an irrevocable licence ends, and how unclear terms and mortgage priority are handled.

Sections 60 to 64 apply to land in urban authorities and to land in peri-urban areas, including land that is village land or not.

This section says a scheme of regularisation is meant to help record, classify, adjudicate, and register land occupation and use in areas covered by sections 60 to 64.

The Minister may start a regularisation review, and if proceeding, must direct the Commissioner to prepare a draft scheme.

The Commissioner must publicize and consult on a draft scheme of regularisation, and the Minister may approve, return, or reject it.

A regularisation scheme may cover land surveying, boundary adjustment, planning, local authority involvement, affected people’s involvement, compensation, a budget, and other prescribed matters.

Transfers or other dealings with a right of occupancy, lease, or mortgage must comply with this Act, and customary-law land dealings are carved out.

Instruments for dispositions under this Act must use prescribed forms, and they do not take effect to deal with a right of occupancy, lease, or mortgage until registered, subject to exemptions.

Instruments disposing of land under this Act must be executed by the consenting parties, using a signature, thumbprint, or other mark for individuals, and by an organisation-approved method for corporate bodies and similar entities.

Contracts for certain land dispositions are enforceable only if they are in writing (or have a written memorandum) and are signed by the party being enforced against.

Any person may make a disposition to himself, alone or with other persons.

Certain land and lease instruments automatically include implied covenants, unless the instrument clearly says otherwise.

Section 71 says certain covenants are implied in instruments covered by section 70, including title, quiet enjoyment, further assurance, and rent/performance covenants.

This section lets a court order restored land interests or their value for unsecured creditors, but not in a way that increases or worsens a creditor’s security over the debtor’s land.

A disposition is treated as prejudicing a creditor when it hinders, delays, or defeats a creditor’s recourse to land or an interest in land to recover a debt, unless it is only meant to prefer one creditor over another.

Certain creditors and government collection bodies may apply to court to set aside a prejudicial land disposition.

A court must not make a section 74 restoration or compensation order against a person who proves good-faith acquisition or receipt of the land without the relevant knowledge, including receipt through someone who met that test.

A protected creditor may ask the court to set aside a customary-law disposition if they provide prima facie evidence that it has the same purpose and effect as a prejudicial disposition. If satisfied, the court must apply this Sub-Part to that disposition.

If the purchaser has taken possession under a sale of a right of occupancy, the vendor may rescind only by peaceably retaking possession or by getting a court possession order.

If a vendor wants to regain possession of land under section 77, the vendor must give the purchaser a notice explaining the breach and the possible ways to fix it.

The purchaser may ask the court for relief against rescission of the contract in specified possession proceedings, and must do so within 90 days after the vendor peaceably enters the land.

A purchaser may ask the court for relief if specific performance will not be ordered and the purchaser cannot rescind or repudiate; the court may rescind the contract, order refunds, and give the purchaser a lien.

This section says sections 81 to 114 apply to leases made or taking effect after the Part starts, except customary-law leases.

The holder of a granted right of occupancy may lease the right, but the lease is subject to the Act and any applicable conditions.

This section says when a lease is treated as periodic and how a periodic tenancy can be ended by notice.

This section defines a short term lease and says it may be made orally or in writing; it also says a short term lease is not a registrable interest in land.

A lease is not invalid just because it lets termination happen on a future event, if that event is clearly defined in the lease.

If a lessee stays in possession after the lease ends or expires without the lessor’s consent, the lessee’s lease obligations continue until they leave. If the lessor keeps accepting rent for two months after termination, a month-to-month lease is deemed to begin.

A lease of a right of occupancy may start on a future date, but not more than 21 years after execution; if the future lease is for more than 5 years, it has no effect unless registered.

A lease dealing cannot be registered until the lessor’s consent is produced and authenticated to the Registrar’s satisfaction.

If a lease involves co-occupiers and can be ended by notice, the notice must be given to and by all the co-occupiers unless everyone agrees otherwise.

This section limits how certain subleases work, allows the parties to renegotiate sublease terms, and prevents renegotiated terms from becoming more onerous for the sublessee.

If a lease is surrendered so a new lease to the same lessee can be entered into, the sublease does not have to be surrendered if the sublease will end, or can be terminated by notice, by the time the new head lease ends.

This section implies lease terms making the lessor responsible for quiet enjoyment, certain repairs, habitability, and rent suspension after specified damage, and gives both parties some termination and entry powers.

This section implies covenants in leases: the lessee must pay rent, use the land properly, keep repair obligations, allow access for inspections and repairs, and must not transfer or sublease without the lessor’s written consent, with a narrower set of covenants for short term leases.

Parties to a customary lease may add certain covenants from sections 92 and 93, and the Minister may prescribe some of those covenants to be implied in the lease after considering the Commissioner’s advice.

For leases that start after this Act begins, “the usual covenants” means the covenants implied by sections 92 and 93, unless the context requires otherwise.

This section defines what “in a reasonable state of repair” means in a lease.

A lessor must not unreasonably refuse consent to certain lease-related requests by a lessee, and must respond in writing within a reasonable time.

If a sublessor surrenders or merges the head lease, the holder of the right of occupancy gets the same remedies and notice rights against the sublessee that the sublessor had before.

When a landlord’s reversion changes hands, the lease covenants generally follow it unless the lease or another circumstance shows a contrary intention.

If a lessee pays rent or other money due to the transferor or assignor after the reversion has been transferred, and the lessee has no actual notice of that transfer, the payment discharges the lessee to that extent.

This section changes who stays liable for rent and lease covenants after a lease is transferred, assigned, or vacated.

A person who takes over a lease becomes the lessee, even without the lessor’s consent or possession, and must pay rent and follow the lease covenants.

This Sub-Part applies to all leases and licences.

This section says customary leases are generally outside this Sub-Part, but sets rules for certain customary leases and for disputes about possession.

A lessor may end a lease for non-payment of rent or breach of covenant, but only under this Sub-Part and not because the lease says otherwise.

A lessor may levy distress for rent only after giving notice under section 108, and in some cases only with a court order and through a court broker or tribunal broker.

A lessor may terminate a lease for non-payment of rent or breach of a lease covenant or condition, but only after the notice required by section 108 or 109.

If a lessee is at least 30 days in arrears with rent, the lessor may give notice of intention to terminate the lease.

If a lessee breaches a lease covenant or condition, the lessor may give notice of intent to terminate the lease.

A lessor who serves a notice under sections 108 or 109 must also serve copies on specified related persons, unless the lessor does not actually know their names and addresses.

Certain people may apply to a district court for relief against a lease termination order, and the court can require service on co-occupiers or extend time on suitable conditions.

The court must consider listed factors when deciding termination or relief, and it may grant a range of relief orders.

This section lets a lessor or lessee take court action for breach of lease covenants, and lets a lessee take certain self-help steps if the lessor fails to repair.

A lessee evicted in breach of the lease no longer has to pay rent or perform the lease covenants for the evicted land or buildings from the time of eviction.

This section says Part X applies to mortgages of land or interests in land made or taking effect on or after the Act begins, and to any other mortgages specifically mentioned in this Part.

This section defines several terms used in the Part, including borrower, lender, matrimonial home, mortgagee, mortgagor, and third-party mortgage.

Certain occupiers and lessees may mortgage their land interests, and some mortgages must be registered before remedies can be used.

A mortgage of a matrimonial home is valid only if the mortgagor and the spouse or spouses living there sign or assent to the application or mortgage document.

This section says customary mortgages of land generally continue under the customary law for that land, but with special rules about mediation and Village Land Council applications.

A mortgage is security only and does not transfer land interests; the mortgagee gets the stated powers and remedies on default and has limited liability under a lease mortgage.

Mortgages are ranked by registration order; informal mortgages are ranked by the order they are made, with registered informal mortgages taking priority over unregistered ones.

A mortgagee may add further advances or credit terms in a mortgage instrument, but priority rules and registration/consent conditions apply.

A mortgagor may discharge some mortgages without redeeming all of them, unless the mortgage instrument says otherwise; a mortgagee who consolidates mortgages must record that right, and consolidation must not prejudice earlier land-right holders.

A mortgagee cannot change the interest rate on a mortgage without notice to the mortgagor. Some mortgage changes must be made by a signed memorandum or written notice with clear details.

A person may mortgage land to get money for development or other investment, and the mortgagor must tell the Commissioner how the money was invested within six months.

Money obtained from a mortgage covered by this section must be invested in Tanzania, and the mortgagee must submit a declaration to the Commissioner confirming that.

Sections 125(2), 125(3), and 126(1) do not apply to land held under a Certificate of Customary Right of Occupancy.

Not complying with the requirements in sections 125 and 126 is treated as a breach of the conditions of the right of occupancy under section 49.

The regulations must set the procedure for administering and enforcing sections 125 and 126.

A creditor must give a borrower a plain-language written notice at least five days before a residential mortgage loan, covering the loan terms, costs, risks, and enforcement details. The Minister may set the notice form and content by regulation.

A mortgagor can get the mortgage discharged once the secured amounts and obligations are paid, and the mortgagee must do it on request and at the mortgagor’s cost.

The mortgagor, and certain other listed persons with the mortgagor’s consent, may ask the mortgagee in writing to transfer the mortgage to a named person; the mortgagee must do so once the request and required payments/obligations are satisfied.

If a mortgage requires the mortgagor to get the mortgagee’s consent, the mortgagor must not transfer, assign, lease, or sublease the right of occupancy without that consent, and the transfer cannot be registered until written consent is produced to the Registrar.

This section implies mortgage covenants requiring the mortgagor to pay amounts due, maintain the property, insure buildings against fire, follow agricultural-use rules where relevant, and get written mortgagee consent for longer leases or assignments.

A mortgagee is no longer entitled to foreclose the equity of redemption in mortgage land, and cannot take possession or collect rents and profits of certain mortgaged land just because there has been a default, except as allowed under the relevant Sub-Part.

If the mortgagor defaults, the mortgagee may appoint a receiver, lease or sublease the land, take possession, or sell the land.

If a mortgagor defaults, the mortgagee must give written notice of the default.

A mortgagee may appoint a receiver of the mortgaged land’s income, but must first give the mortgagor the notice required by section 137 and sign the appointment in writing.

A mortgagee may lease mortgaged land and accept surrenders, but must give the mortgagor notice first and follow limits on the lease terms.

A mortgagee may take possession of mortgaged land after notice under section 137, but not by physical entry into certain occupied or used land unless a court order is used.

A mortgagee must withdraw from possession of mortgaged land when one of the listed events happens, and a mortgagee who has withdrawn may not re-enter except by following section 140 again.

A mortgagee may sell mortgaged land after 60 days from receiving a notice under section 137, and must give at least 10 days’ notice before a non-auction sale.

A mortgagee selling mortgaged land must take reasonable care to get the best price, and some low-price sales can be challenged in court.

A mortgagee with the power of sale may sell mortgaged land in several ways, but if the sale is by public auction the mortgagee must advertise it properly and follow section 56 as closely as possible.

People who buy mortgaged land, and certain people claiming through them, get protection from being responsible for how the purchase money is used and can take possession immediately after the sale is accepted.

A mortgagee may sell the mortgaged land to himself only with court leave, except at public auction under the stated bid-price conditions; the Registrar may require evidence of compliance before registration.

A mortgagee who sells mortgaged land must use the sale money in a set priority order.

A mortgagor, or another person entitled to do so, may discharge a mortgage before the land is sold by paying the secured money owed; after payment, the mortgagee must give the discharge and related title documents.

A court may use section 150 powers in certain mortgage possession cases if it is highly likely the mortgagor can pay or remedy the default within a reasonable time and the property value is enough to cover the mortgage claim.

The court may manage mortgage-possession cases, including adjournment, suspension, postponement, transfer, consolidation, and related relief, with limits and conditions.

A mortgagor may apply to court to reopen a mortgage obtained by fraud, deceit, misrepresentation, unlawful terms, or certain undue influence issues, subject to stated exceptions and timing rules.

On an application under section 151, the court may void a mortgage or order it to continue with modifications.

This section says the Part applies to easements made or coming into force on or after commencement, except for customary-law-only restrictions unless stated otherwise.

This section defines what rights an easement can create, what rights it cannot create, and when an easement lasts.

This section defines “dominant land” and “servient land” for easements, and says an easement can exist only while the related right of occupancy or lease continues, subject to this Part.

This section lets certain land occupiers or lessors grant easements, and it says an easement instrument must describe the easement clearly.

A dominant land occupier may seek a court entry order to enter neighbouring land for specified works, but must give notice and the court can impose conditions.

An occupier of landlocked land may ask a court for an access order, and the applicant must serve copies of the application on specified people and authorities.

The benefit of an easement or analogous right is enjoyed by the occupier of the dominant land, successors in title, certain lessees, and a lender in possession under a mortgage.

An easement or analogous right may be cancelled by the dominant land occupier, or by the Registrar in some cases, and it is extinguished when the prescribed form is recorded in the register.

The Minister may create public rights of way, including wayleaves and communal rights of way, subject to sections 162 and 163.

Some applicants must apply to the Commissioner for a wayleave, use the prescribed form, include required information, and give notice to affected persons.

Certain local government and interested groups may apply to the Commissioner to create a communal right of way.

The Commissioner must review the information and make recommendations, and the Minister decides whether to create a public right of way.

If the Minister orders a public right of way, the Commissioner must give the Registrar the needed route documents, and the Registrar may then record the route and update relevant title documents after the appeal time has passed.

Compensation must be paid for land used as a communal right of way, and for certain wayleave-related damage; disputes can go to the High Court.

A court may make orders about disputes over easements, similar rights, and public rights of way, and may set any conditions it thinks fit.

The court may modify or extinguish certain easements and similar rights on application, and it can award compensation.

This section defines co-occupancy and sets rules for joint occupancy and occupancy in common.

Each co-occupier may receive a copy of the title certificate, and the Registrar must issue, record, retain, and later destroy copies in specified cases.

Spouses may be treated as co-owners of land in common, and the Registrar must register them that way in the stated circumstances.

This section lets occupiers in common apply to the Registrar to partition land, and requires or permits the Registrar to decide the application and, in some cases, make an order with conditions.

If co-owners agree to partition land but one share would fall below the minimum legal area, they must try to compromise, and a dissatisfied party may refer the matter to the Registrar.

If partition is not possible or would harm proper use of co-owned land, and the co-owners cannot agree on sale terms or distribution, a court may order valuation and sale; an occupier in common may buy the land or a share offered for sale.

The Registrar must not accept or register a partition of mortgaged common land unless the lender’s written consent is produced.

A co-occupying land group may apply to court to reorganise or wind up the scheme.

This section gives specified courts exclusive jurisdiction over land disputes and allows an appeal from a Ward Tribunal decision to the court with jurisdiction in the district council area.

If a notice cannot be served personally or by post, the Commissioner may order substituted service by posting it in a conspicuous place and publishing it in the Gazette, and sometimes in newspapers.

If a notice or other information must be publicized under this Act, it must be posted or communicated in specific ways depending on whether the land is village land, general land, or land affecting a dwelling. The Commissioner may also choose newspaper publication.

Authorised persons may enter and inspect land with at least 48 hours’ notice, subject to time-of-day and dwelling-house limits, and the Commissioner must arrange compensation for any damage caused.

The Commissioner may require a land occupier to provide documents and information, and the occupier must respond within three months.

This section explains when a person is treated as having been given an opportunity to be heard, and allows the relevant official or body to adjourn or hear the person if they do not attend.

This section establishes the Land Compensation Fund, gives its Trustees control, and says the Minister must have regard to the Trust’s functions when making regulations.

The Minister must set fee rates and review them continuously, and the Registrar must refuse registration where required fees have not been paid unless waived or paid by instalments with no arrears.

A person who occupies or uses land without lawful authority or a valid right or licence is treated as being in unlawful occupation. The Commissioner or village council may issue a notice or oral communication requiring the person to show cause and, if necessary, vacate the land.

The Commissioner may order a person responsible for a wrongful obstruction or encroachment on a public right of way to remove it, and the person must comply within the time stated in the notice, which must be at least 14 days.

This section makes several land-related acts offences, including false statements, false evidence, fraudulently changing land documents, failing to produce documents when required, unlawful occupation, obstruction or encroachment on a public right of way, interference with authorised inspectors, and unlawful damage by an authorised officer.

Corrupt land transactions are void and have no legal effect, and a person who ends up occupying land through such a transaction may have to forfeit the land to the President.

The Minister may make regulations for this Act, including detailed procedures, forms, and administration rules.

Courts must use Tanzanian customary law, relevant common law and equity when dealing with land matters under this Act, and must not apply certain old English general statutes to land matters unless a court has declared them part of Tanzanian law.

This section says the Act applies to all land in Mainland Tanzania, and conflicting or inconsistent land-related laws stop applying to the extent of the conflict.

This section repeals ten listed written laws.

This section keeps certain pre-commencement rights, transactions, and instruments governed by the old law, and allows limited court injunctions and registration rules for earlier lease forfeiture or mortgage foreclosure steps.

This section keeps certain pre-commencement administrative acts and some 1948 Land Regulations conditions in force, subject to the Act’s provisions and stated exceptions.

The Minister must arrange for this Act to be translated into Kiswahili and published.

This section says the Act binds the Government.