We advise on land acquisitions and transfers for corporates and projects, as well as in relation to the legal requirements for compensation for local residents displaced by projects.
All land in Tanzania is public land and remains vested in the President as trustee for and on behalf of all citizens of Tanzania.
Public land falls in 3 categories:
- General land
- Village land (eg land occupied by Tanzanians of African descent under customary law)
- Reserved land (eg conservation areas and land for public utilities)
A person can have a legal right to land under a Right of Occupancy from the Government for terms of 33, 66 or 99 years. Nowadays generally only 99 year Rights of Occupancy are issued (Right of Occupancy); or a Derivative Right from a Right of Occupancy (Derivative Right). Foreign nationals and companies majority held by foreigners cannot have a Right of Occupancy or Derivative Right unless they have a Certificate of Incentives issued by the Tanzania Investment Centre.
Relevant land legislation in Tanzania includes:
- Land Act (CAP 113) RE 2002
- Land (Amendment) Act 2004
- Land Acquisition Act (CAP 118)
- Land Registration Act (CAP 334)
- Village Land Act (CAP 114)
- Village Land Rules
- Town and Country Planning Act (CAP 355)