Land Disposition in Tanzania

The word 'void' signifies that the transaction is as good as nothing. But for ineffective and inoperative dispositions, they signify that the transaction is invalid for short of some requirements that will be operative to create interest if accomplished.

May 25, 2021 - 07:56

0 22395

Photo Courtesy

Part VIII of the Land Act of 1999 deals with dispositions affecting land. According to section 61, no disposition other than the customary right of occupancy can be carried out without complying with the provisions of the Land Act

These dispositions include a lease, mortgage, and right of occupancy. Any such disposition carried outside the provisions of the law shall be ineffectual to create, extinguish, transfer, vary or affect any interest in land i.e right of occupancy, lease or mortgage. Apart from the use of the word ineffectual it is interesting to note that in some other provisions of the Land Act the words void Section 37(8) and (9) and section 36 (1) (b) of the Land Act and inoperative Section 37(5) of the Land Act have been employed. Essentially the word 'void' signifies that the transaction is as good as nothing. But for ineffective and inoperative dispositions, they signify that the transaction is invalid for short of some requirements that will be operative to create interest if accomplished.

Despite this view, it is somehow confusing as section 36(1)(b) consider all dispositions which do not comply with the requirements of sections 37,38,39 and 40 as void while section 61 (1) generally consider any disposition which does not comply with the provisions of the Land Act as ineffectual to create or transfer any interest in land. This latter requirement goes hand in hand with the need for registration under section 62(2) of the Land Act. It would therefore appear that while section 36(1)(b) is specific to certain specified scenarios, section 61(1) is a general provision that applies to all dispositions.

Thus, if a disposition only complies with section 36 without complying with section 61 it will be ineffectual but emphasize compliance with section 61 will automatically heed the requirements of section 36 because it is part of the overall requirements for effective disposition.

Qualities of effective dispositions

In order for the stated disposition to be effective, it must meet certain requirements:-

Must be undertaken on the prescribed forms specified for such disposition (for contracts it is optional) Sections 62 (1) and 64(2) of the Land Act of 1999.

Must be registered under the relevant law unless exempted i.e contract for a disposition under the Act Section 62 (2) (3) and (4) of the Land Act of 1999.

Must be executed by signing it or affixing thumbprint or another mark as personal evidence of his acceptance save for organizations that may follow what their constitution provides or otherwise section 63 (1)-(3) of the Land Act of 1999 be in writing. For contracts of disposition of a right of occupancy, derivative right or mortgage, the contract has to be in writing or there has to be a written memorandum of its terms (evidence in writing). Tanzania has two investment promotion agencies in section 64(1) of The Land Act.

However, writing is not a pre-requisite in Short term lease, Disposition by order of a court, and Disposition by operation of law as explained under section 64(4) of The Land Act of 1999. Likewise, the requirement for writing does not affect, creation or operation of a resulting implied or constructive trust, the making or operation of a Will or an arrangement recognized by customary law for temporary disposition of a customary interest in land as per section 64(5) of The Land Act of 1999.