Tanzania
Freehold Titles (Conversion) and Government Leases Act
Chapter 393
- Published in Tanzania Government Gazette
- Commenced on 1 July 1963
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Freehold Titles (Conversion) and Government Leases Act.2. Interpretation
3. Application to certain rights of occupancy
Part II – Conversion of estates and interests (ss. 4-15)
4. Interpretation of Part II
In this Part, unless the context otherwise requires—"derivative lease" means a lease or a sublease granted before the appointed day over land which, by virtue of the provisions of section 5, becomes vested in any person for a Government lease, other than any such lease or sublease which expires or is otherwise determined before that day;"interest" means any estate, term, interest, charge, lien, right, title, equity or other property in over land or in or over an incorporeal hereditament, whether the same be vested or contingent, legal or equitable, and whether created by statute or grant or acquired by user, and includes the benefit of any covenant which touches and concerns land, but does not include any such interest which expires or is otherwise determined before the appointed day;"land" includes an undivided share of land, but does not include incorporeal hereditaments;"possession" includes the receipt of the rents and profits, and the right to receive the same.(a) – Conversion and diminution of interest in real property (ss. 5-9)
5. Conversion of freehold estates into Government leases
6. Continuance of other interests correspondingly diminished
7. Derivative leases
8. Effect of renewal of Government leases
9. Settled land and rent charges
(b) – Consequential provisions (ss. 10-14)
10. Trustees may retain converted interests
11. Description of property as real property, and equitable conversion
12. Contracts
No contract made before the appointed day—13. Claims not defeasible by absence of freehold estates
No claim by prescription or user to any incorporeal hereditament made on or after the appointed day, whether the enjoyment or user by reason of which the claim is made commenced before, on or after the appointed day, shall be defeated on the ground that there is no freehold or absolute estate in the dominant or servient tenement, but where in accordance with the law in force immediately prior to the appointed day any such claim lay in favour of an estate of inheritance in a dominant tenement as against an estate of inheritance in a servient tenement, then on and after the appointed day such claim may be made in favour of the Government lease in a dominant tenement against the Government lease in servient tenement.14. No new entails in personality
For the avoidance of doubts it is hereby declared that a purported disposition of property (other than a limitation under an order of the court made under section 9) made on or after the appointed day for an entitled interest shall have effect as if it included a disposition of the reversion expectant on such entailed interest vested in the grantor immediately before the disposition:Provided that nothing in this section shall apply to any disposition of an interest which subsists immediately before the appointed day as an entailed estate or interest, or to any entailed interest created by an order of the court made under section 9.(c) – Final determination of interests (s. 15)
15. Final determination of interests
For the avoidance of doubts it is declared that, notwithstanding the provisions of this Act or any disposition made on or after the appointed day, every interest in or over land, or in any incorporeal hereditament in or covenant touching or concerning land, which is vested in any person for a Government lease, other than the reversionary interest of the Republic or the President, shall, unless it has previously been determined, determine and be extinguished at the expiration of ninety-nine years from the appointed day, or in the event of the relevant Government lease being renewed, at the expiration of the period or periods for which it is renewed:Provided that nothing in this section shall apply to—Part III – Government leases (ss. 16-36)
(a) – Grants and renewals (s. 16)
16. Grants and renewals
(b) – Terms and conditions of Government leases (ss. 17-26)
17. General conditions
18. Rent
19. Summary proceedings for recovery of rent
20. Road frontage premium
A tenant shall not be liable to pay any road frontage premium unless the Commissioner has first served upon him a notice specifying the amount of the road frontage premium required to be paid by him.[s. 18B]21. Dealings with Government leases
22. Disposition without consent to be void
23. Development requirements
Where development requirements are annexed under this Act to leased land, there shall be implied in the Government lease for which such land is held covenants by the tenant with the Republic, binding the tenant—24. Unexhausted improvements
25. Removal of fixtures
26. Forfeiture
(c) – Subleases and mortgages (ss. 27-30)
27. Implied covenant by sublessor and mortgagor
28. Covenants in subleases granted before annexure of development requirements
29. Covenants in mortgages
30. Agreements
The provisions of sections 27, 28 and 29 shall be in addition to any other law whereby covenants are implied in leases or mortgages and shall have effect subject to any agreement made after the appointed day.[s. 28](d) – Relief against forfeiture (s. 31)
31. Relief
(e) – Miscellaneous (ss. 32-36)
32. The Republic as landlord
Subject to the provisions of this Act, the Republic as landlord of any leased land shall have and enjoy all the same rights as, but for the passing of this Act, would have been enjoyed by a person seized in fee simple in possession of land who had granted a lease on the same terms and conditions as those for which the leased land is held:Provided that nothing in this section shall be construed as derogating from the provisions of subsection (1) of section of the Republic of Tanganyika (Consequential, Transitional and Temporary Provisions) Act 14.[s. 30]33. Commissioner to exercise functions on behalf of Republic
34. Assignee of Government lease entitled to call for certain title
Notwithstanding the provisions of any law whereby an intended assignee of a term of years shall not be entitled to call for the title to the freehold, the intended assignee of a Government lease (not being a lease granted under section 16) may call for the title under which the tenant or his predecessor in title held the leased land immediately before the appointed day:Provided that where the leased land is registered under the Land Registration Act after the appointed day, the intended assignee shall not be entitled to call for any title other than the registered title.[s. 32]35. Taxes, rates and charges
36. Variation of Government leases
Nothing in this Act shall preclude the Commissioner and a tenant (not being a mortgagee) from entering into a deed of variation altering, adding to or deleting the terms and conditions on which a Government lease is held.[s. 34]Part IV – Development requirements (ss. 37-50)
37. Interpretation of Part IV
In this Part, unless the context otherwise requires—"urban area" means—(a)a municipality established under the Local Government (Urban Authorities) Act 17;(b)a township within the meaning of that expression in the Local Government (District Authorities) Act 18;(c)a planning area declared as such under section 13 of the Town and Country Planning Act 19 being a planning area which includes any of the places or areas described in paragraphs (a), or (b) or any part thereof;"urban holding" means leased land situated within an urban area;"large rural holding" means leased land, not being an urban holding, exceeding one hundred and twenty acres in area;"small rural holding" means leased land, not being an urban holding, of one hundred and twenty acres or less in area;"local government authority" means the city council, municipal council, town council, township authority or district council within whose area of jurisdiction the leased land lies or, where the leased land lies within the area of jurisdiction of two or more such authorities, means that one of them which the Commissioner shall appoint.[s. 35](a) – Annexure of development requirements (ss. 38-46)
38. ***
[Repealed by Act No. 48 of 1964 s. 3][s. 36]39. Urban holdings
The Minister may, on the recommendation of the local government authority or on his own motion after consultation with the Minister responsible for local government, declare any urban area or any part of it to be ripe for development—40. Large rural holdings
41. Small rural holdings: Building development
Where the local government authority—42. Small rural holdings: Other development
43. Annexure on grant or assignment
Where—44. Annexure on applications under sections 47 and 48
Where, on an application made for an order under sections 47 and 48 or for a compulsory purchase order, the Commissioner is of the opinion that alternative development requirements of a kind appropriate to the leased land, and which he is authorised by the provisions of this Part to annex, would provide for the development of such land to a like extent as those already annexed to the land, and that such alternative development requirements are consistent with the continued existence of the interests sought to be modified, extinguished or compulsorily acquired, he may—45. Continuing requirements
46. Notice of annexure of development requirements
(b) – Modification and extinguishment of easements, etc., and covenants, and acquisition of certain subleases and profits (ss. 47-50)
47. Easements, etc., and covenants
48. Compulsory acquisition of subleases of parts of leased land, and profits
49. Compensation for compulsory acquisition
50. Charge for compensation
Part V – The Land Tribunal (ss. 51-54)
51. Land Tribunal
52. Appeals to Tribunal
53. Powers of Tribunal on appeals under section 52
On an appeal under this Part, the Land Tribunal may give directions for—54. Decisions of Tribunal to be final, and duties of Commissioner
Part VI – Miscellaneous provisions (ss. 55-66)
(a) – General and administrative (ss. 55-60)
55. Rights of entry, and power to call for information
56. Service of notices, etc.
57. Authentication of certain notices and copies of orders
Every notice served in accordance with the provisions of section 46 or 54, and every copy of an order served in accordance with the provisions of sections 49, 50 or 56 shall be authenticated by the seal of the Commissioner and the signature of the Commissioner or of some other person authorised to affix the seal of the Commissioner, and shall not be valid unless so authenticated.[s. 55]58. Delegation of Commissioner's powers
The Commissioner may, by notice in the Gazette—59. Exemption from certain duties and fees
60. Rules
(b) – Amendment of land register (s. 61)
61. Amendment of land register
(c) – Amendment and construction of laws, and saving (ss. 62-66)
62. No new grants of freehold
On and after the appointed day, no grant of land may be made for an estate of freehold or for any absolute or perpetual interest.[s. 60]63. General amendment
Subject to any order made under section 64, any reference in any Act or Act enacted before the passing of this Act to freehold land shall be construed in relation to any period commencing, or any time, on or after the appointed day, as including a reference to leased land.[s. 61]64. ***
[Omitted][s. 62]65. ***
[Amendments incorporated into relevant laws.][s. 63]66. Exemption
History of this document
31 July 2002 this version
Consolidation
01 July 1963
Commenced
Cited documents 9
Legislation 9
1. | Land Act | 1268 citations |
2. | Government Proceedings Act | 460 citations |
3. | Registration of Documents Act | 59 citations |
4. | Public Procurement Act | 46 citations |
5. | Local Government (Urban Authorities) Act, 1982 | 30 citations |
6. | Local Government (District Authorities) Act, 1982 | 28 citations |
7. | Highways Act | 11 citations |
8. | Local Government Authorities (Rating) Act | 4 citations |
9. | National Museum of Tanzania Act | 1 citation |
Documents citing this one 3
Legislation 3
1. | Land Registration Act | 2 citations |
2. | Government Leaseholds (Conversion to Rights of Occupancy) Act | 1 citation |
3. | Urban Leaseholds (Acquisition and Regrant) Act |