PROPERTY GUIDE: Real property registration in Tanzania

This Article discusses an overview of some legal provisions with regard to registration of real estate in Tanzania.

Registration of property rights is very crucial because it provides citizens with its fundamental effects like protection of the transaction, making people accountable, making assets valid and integrating the dispersed information.

The Land Registration Act (Cap 334), makes it compulsory for all surveyed land to be registered. Section 27 of the Act provides that every grant of public land for a government lease and every certificate of occupancy made or issued after the coming into force of the Act must be delivered to the registrar, who shall thereupon register the estate therein comprised in the name of the grantee or occupier.

The mandate of registration is vested in the land registry, which is headed by the registrar of titles, who is responsible for all titles issued in the country. The registrar of titles has the discretion to admit or dismiss an application, subject only to appeal to the High Court.

Once an application has been accepted and the title has been investigated, it is guaranteed by the government and all subsequent transactions are connected to the register.

Each certificate of title must describe the land by reference to a plan, which has been approved by the director of surveys and mapping. This plan is usually annexed in the certificate of title. There are different registries in Tanzania, each registry consists of three subsections.

Registration of documents

According to section 8(1) of the Registration of Documents Act (Cap 117), the registration of certain documents is compulsory, while the registration other documents is optional.

Section 4 of the same Act provides that the registry of documents comprises of three registers namely: register of compulsory documents, register of optional documents, and presentation book.

Manner and procedure in registration of documents

Under the Registration of Documents Act, the presentation of documents for registration can be done by an appointed advocate of either of the parties executing or claiming interest under it or by an appointed advocate of the High Court if such person is a minor or a person of unsound mind or by such person as a next friend or a guardian.

As provided by section 14 of the same Act. Section 15 of the same Act provides that a document may be presented for registration through the post or under cover if it is accompanied by appropriate fee and a letter requesting registration signed by a person, who has power to present the document for registration.

Registration of titles

• Application for registration

Most of Tanzania have ended up registering their land at the level of village land registry and local land registry leaving up the crucial stage of registration to the Registry of Titles.

Those levels are not coordinated and they do not have the same standards of documentation. Only granted rights of occupancy for a term not exceeding five years have to be registered.

The laws as provided under section 8(1) of the Land Registration Act provides what are registerable estate as an estate or a lease or any estate which is by the provision of the Act deemed to be an estate or leasehold but does not include a) a lease for an unexpired term of five years or less unless such lease contains an option, whereby the tenant can require the landlord to grant further term or terms, which, together with the original unexpired term, exceed five years or b) a lease from year to year or for period less than a year whether or not the lease includes an initial fixed term, unless such initial fixed term exceed four years; or c) right of occupancy whether a certificate of occupancy has been issued in respect thereof or not.

• Manner and procedure in the registration of titles

Registration of title is a matter of a kin process because it assures title and facilitate conveyancing.

Sections 30(1), 31, 32, 33 ,34,35 and 36 of the Land Registration Act (Cap 334) provides for the manner and procedures to make a title to be valid. Validity of a good title is the only that has been registered. As apart from confirming ownership it keeps to facilitate conveyancing.

Registration of unit plans

• Owners of unit(s) are required to register their unit with the Registrar of Titles

Application for registration of a unit must be made on the form prescribed for that purpose.

Generally, the procedures relating to registration techniques, procedures and practices are the same as those under the Land Registration Act (Cap 334) unless specifically stated otherwise as provided under Section 9(1) of the Unit Titles Act, 2008.

The legal effect of the registration of a unit is to enable the owner whose unit been registered to sell, transfer, lease, charge or deal with his or her unit in similar manner to a person holding title under Land Registration Act as per section 9(3) of the Unit Titles Act.

Thus, an efficient land registration system contributes to enhance security and clarity with respect to legal status of land both to persons entitled and third parties, facilitate land transaction and make all dealing safe, including credit transactions, promote long term investment in land improvement, improve the basis of revenue too government, reduce land disputes and establish a basis for reliable machinery for land use and planning.