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  • Land Disposition of Rights of Occupancy Regulations 2001 GN 74

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    Beatrice Matama
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    This document summarizes regulations related to the disposition of rights of occupancy on land in Tanzania. [1] It establishes that certain types of dispositions like assignments, mortgages, partitions and transfers require approval. [2] It provides that assignments of rights of occupancy that were granted more than 3 years ago do not require approval. [3] It outlines the obligation of holders of occupancy rights and intended assignees/mortgagees to apply for approval when required and the application process.

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    This document summarizes regulations related to the disposition of rights of occupancy on land in Tanzania. [1] It establishes that certain types of dispositions like assignments, mortgages, partitions and transfers require approval. [2] It provides that assignments of rights of occupancy that were granted more than 3 years ago do not require approval. [3] It outlines the obligation of holders of occupancy rights and intended assignees/mortgagees to apply for approval when required and the application process.

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    © All Rights Reserved
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    Download as doc, pdf, or txt
    79 views3 pages

    Land Disposition of Rights of Occupancy Regulations 2001 GN 74

    Uploaded by

    Beatrice Matama
    This document summarizes regulations related to the disposition of rights of occupancy on land in Tanzania. [1] It establishes that certain types of dispositions like assignments, mortgages, partitions and transfers require approval. [2] It provides that assignments of rights of occupancy that were granted more than 3 years ago do not require approval. [3] It outlines the obligation of holders of occupancy rights and intended assignees/mortgagees to apply for approval when required and the application process.

    Copyright:

    © All Rights Reserved
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    of 3

    1 The Land (Disposition Of Right Of

    Occupancy) Regulations, 2001


    GN No. 74 of 2001_Dr Tenga_Land Law
    WP by Law Associates Advocates

    GOVERNMENT NOTICE No. 74 published on 4/5/2001

    THE LAND ACT


    (NO. 4 OF 1999)
    __________

    THE LAND (DISPOSITION OF RIGHT OF


    OCCUPANCY) REGULATIONS, 2001
    ______________

    (Made under Sections 37 and 179)


    ______________

    1. These Regulations shall be cited as the Land (Dispositions of Citation

    Rights of Occupancy) Regulations, 2001.

    2. In these Regulations, unless the context otherwise requires: Interpretation

    “Act” means the Land Act, 1999;


    “Authorized officer” has the meaning ascribed to it by the Act;
    “Commissioner” means the Commissioner for Lands;
    “disposition” has the meaning ascribed to it by the Act.

    3. The following dispositions shall require approval under the Act- Approval

    (a) assignment of a right of occupancy which was granted to


    the assignor less than three years before the proposed
    assignment is to take effect;

    (b) a loan granted on the security of every mortgage of a right


    of occupancy or mortgage of a lease;

    (c) partition of land granted under a right of occupancy;


    (d) creation of an easement;
    (e) transfer;
    (f) sale;
    (g) grant;
    (h) surrender.

    4. (1) For the purposes of this regulation the term “assignment” No approval

    shall not include “transfer”.

    (2) The following dispositions shall not require approval


    under the Act:
    (a) an assignment of a right of occupancy which was granted
    2 The Land (Disposition Of Right Of
    Occupancy) Regulations, 2001
    GN No. 74 of 2001_Dr Tenga_Land Law
    WP by Law Associates Advocates

    to the assignor three years or more before the proposed


    assignment is to take effect;

    (b) a mortgage of a right of occupancy or mortgage of a lease


    by a prescribed lender;

    (c) a sale of mortgaged land or mortgaged lease by a


    mortgagee in the exercise of the power of sale under
    Section 131 of the Act;

    (d) a lease of a mortgaged land or mortgaged lease by a


    mortgagee in the exercise of power lease under 128 of the
    Act;

    (e) a lease;
    (f) an exchange;
    (g) a grant of usufructuary* rights; and
    (h) a disclaimer.

    5. (1) Where approval for any disposition is required under these Obligation to apply
    for approval
    regulations it shall be the duty of the holder of right of occupancy and the
    intended assignee or mortgagee as the case may be to apply for such
    approval.

    (2) Every application for a grant of approval for a disposition


    –

    (a) shall be made on a prescribed form;

    (b) signed by all the applicants;

    (c) shall be accompanied by the certificate of


    occupancy or letter of offer three sets of the deed of
    disposition and evidence of payment of all rent, taxes, and
    dues owned to the Government in respect of the current
    financial years;

    (d) shall be submitted to an authorized officer of the


    area in which he is situate.

    Dar es Salaam G.A. Cheyo


    *
    (Sic! usufructuary - LAA)
    3 The Land (Disposition Of Right Of
    Occupancy) Regulations, 2001
    GN No. 74 of 2001_Dr Tenga_Land Law
    WP by Law Associates Advocates

    3rd May, 2001 Minister for Lands and Human Settlement


    Development

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