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Land Registration Rules, 1954

Government Notice 117 of 1954

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Land Registration Rules, 1954
Citation
Government Notice 117 of 1954
Primary work
Land Registration Act
Date
31 July 2002
Language
English
Type
Government Notice
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Tanzania
Land Registration Act

Land Registration Rules, 1954

Government Notice 117 of 1954

  • Published in Tanzania Government Gazette
  • Commenced
  • [This is the version of this document as it was at 31 July 2002 to 9 December 2010.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by 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. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
[Section 114; G.N.s Nos. 117 of 1954; 394 of 1954; 297 of 1956; 245 of 1957; 391 of 1958; 432 of 1963; 28 of 1965; 113 of 1965; 89 of 1972; 170 of 1972; 147 of 1973; 202 of 1988; 153 of 1990; 245 of 1997]

1. Citation

These Rules may be cited as the Land Registration Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—" Act" means the Land Registration Act 1;1Cap. 334"transfer" includes a certificate of sale by order of a court.

3. Discretion to ignore defects in title

The Registrar may exercise the discretion given to him by section 18(3) of the Act in respect of any registrable estate in any parcel, where such estate does not exceed in value the sum of one hundred thousand shillings.

4. Reference to be given to documents

Every document registered or numbers entered in the land register shall be given a serial number, to be known as the filed document and that number shall thereafter be a sufficient reference to such document.

5. Manner of recording easements, etc.

The Registrar may, in his absolute discretion set out in extenso in the land registry any easements, profits à prendre, covenants, conditions or reservations or record them in the land register by reference to the filed documents by which they were granted, imposed or reserved.

6. Documents presented simultaneously

When any person presents simultaneously two or more documents relating to the same estate or interest for registration or entry, the Registrar shall either admit both or all such documents to registration or entry, as the case may be, or reject both or all such documents, unless expressly requested by the person presenting such documents to consider each document separately.

Forms (rules 7-10)

7. Form to be used

The forms in the First Schedule hereto shall be used in all matters to which they refer, or are capable of being applied or adapted, with such alterations and additions, if any, as are necessary or desired as the Registrar allows.

8. Documents for which no form is prescribed

Documents for which no form is provided or to which the prescribed forms cannot conveniently be adapted, shall be in such form as the Registrar shall direct or allow, the prescribed forms being followed as nearly as the circumstances permit.

9. Documents be written legibly in Swahili or English

(1)All applications, deed notices, caveats and other documents shall be clearly and legibly written, printed or type-written in Kiswahili or English, except certificates of occupancy for registered villages may be in the Kiswahili language or in the English and Kiswahili languages, or in such other language as the Registrar may in his absolute discretion allow.
(2)Where any document is in a language other than Kiswahili or English there shall be furnished therewith a verified translation of the same in Kiswahili or English.

10. Size and quality of paper to be used

All documents intended for registration, entry or filing in the land registry shall be on paper of durable quality measuring thirteen inches by eight inches. Margins of one and a half inches along the top and the binding edge of each sheet shall be left blank for use in the land registry.

Attestation of documents (rules 11-12)

11. Authorised witnesses

The following persons are authorised to attest the execution of a deed:
(a)Where the deed is executed within the United Republic of Tanzania, Kenya or Uganda:A Judge of the High CourtA MagistrateA Justice of the PeaceAn AdvocateThe Registrar of TitlesA Senior or Assistant Registrar of TitlesAn Assistant Registrar of TitlesThe Registrar of the High CourtA Deputy Registrar of the High CourtThe Commissioner for LandsAn Assistant Commissioner for LandsThe Administrator-GeneralA Senior Assistant Administrator-GeneralAn Assistant Administrator-GeneralThe Administrative OfficerAn Internal Revenue OfficerA Senior Land OfficerA Land Officer.Any person employed by the Government of the United Republic and who under the provisions of section 3 of the Advocates Act 2, is entitled to practise as an Advocate of the High Court.2Cap. 341Any person employed by the Tanzania Legal Corporation established by the Tanzania Legal Corporation (Establishment) Order 3 and who, under the provisions of section 3 of the Advocates Act 4, is entitled to practise as an Advocate of the High Court.3Cap. 257 S.L.4Cap. 341
(b)Where the deed is executed elsewhere than in the United Republic of Tanzania, Kenya, or Uganda:A JudgeA MagistrateA Justice of the PeaceA Notary PublicA Foreign Service Officer of the Tanzania Foreign Service.

12. Attestation clauses

(1)Every person attesting the execution of a deed shall sign an attestation clause in one of the forms contained in the Second Schedule hereto, whichever may be appropriate.
(2)When in the opinion of the Registrar the signature of any person is not clearly legible, the Registrar may require the name of such person to be inserted in the attestation clause in legible characters.

Fees (rules 13-16)

13. Fees payable

The fees set out in third column of the Third Schedule hereto shall be charged for the several matters set out opposite thereto in the second column of that Schedule:Provided that no fee shall be payable for the registration of any disposition in favour of the President or in respect of any application, notice or caveat made, given or presented by or on behalf of the President or for any search or the issue of any copy required by any officer of the Government for official purposes.

14. Time for payment of fees

Subject to the provisions of section 108 of the Act, the prescribed fee for any service shall be paid before the service is rendered:Provided that if any service is rendered before the prescribed fee has been paid, the Registrar may, subject to any law for the time being in force relating to the limitation of actions, recover the prescribed fee at any time thereafter.

14A. Fees chargeable on consideration

When any fee is chargeable on the consideration or value, then—
(a)where the sole consideration for the transaction is money paid or to be paid, the fee shall be assessed on the consideration;
(b)where the transaction is one of exchange, the fee shall be assessed on one-half of the aggregate value of the property exchanged (including any money paid for equality of exchange);
(c)in any other case, the fee shall be assessed on the value of the property which is the subject of the application.

14B. Transfers subject to mortgages

When any estate in land is transferred subject to any mortgage or charge, then, for the purpose of assessing the fee payable—
(a)where the transfer is a transfer on sale, the amount owing on the mortgage or charge shall be aggregated with the consideration passing; and
(b)where the transfer is not a transfer on sale, the mortgage or charge shall be ignored.

15. Assessment of ad valorem fees

(1)When any fee is payable ad valorem, the value of the estate or interest concerned shall, subject to the provisions of subrule (2) hereof, be deemed to be the amount which it is estimated that such estate or interest would have realised if sold in the open market at the time when the application was made, or the document was executed, as the case may be, and such value shall be declared by the person applying for registration or entry.
(2)The value of a right of occupancy or of a lease other than a Government lease shall, for the purpose of assessing the fee for the initial registration thereof but not for any subsequent disposition or transmission, be deemed to be the sum of—
(a)all premiums, if any, payable in consideration of the grant; and
(b)the aggregate rent payable during the term of the right of occupancy or lease or, in the case of a term exceeding twenty years, during the first twenty years of the term.
(3)Where the Registrar is not satisfied that the value of any estate or interest has been correctly declared, he may make such requisition thereon as he may think fit and may himself assess the value of the estate or interest.
(4)In the assessment of the value of any estate or interest in land, the land shall be deemed to include—
(a)all buildings and erections and all trees or crops as are owned separately from the land;
(b)all fixtures and fittings in or on the land or any buildings or erections thereon, except fixtures and fittings—
(i)of an ornamental nature affixed to such land or buildings solely for their better enjoyment; or
(ii)installed for the purpose of agriculture, or of any trade, manufacture or business and capable of being removed without suffering material damage or causing material damage to such land, building or erections or any part thereof; and
(c)all rights of whatsoever nature appurtenant thereto.
(5)In assessing the value of any estate or interest, the Registrar may have regard to the following factors, as well as to any other factors that may appear to him relevant—
(a)to the consideration which passed on any disposition of the estate or interest or on any disposition of a similar estate or interest in any adjoining or neighbouring land;
(b)to the situation of the land and in particular, but without prejudice to the generality of this rule, to the proximity of the land to any road, railway, aerodrome, harbour or canal, either existing or projected, or to the sea or any river lake;
(c)to the prime cost of any buildings or erections on the land, their age and condition;
(d)to the state of cultivation of the land;
(e)to any restriction affecting the use of the land;
(f)to the rents and profits accruing from the land or from any adjoining or neighbouring land; and
(g)in the case of a lease, to the term thereof, the rent thereby reserved and the covenants and conditions therein contained.
(6)Where under the provisions of this rule the Registrar has assessed the value of an estate or interest he shall give the applicant notice in writing of his assessment and thereupon, subject to the provisions of section 102 of the Act, the fee, or the balance of the fee, payable on the value of the estate or interest as so assessed by the Registrar shall forthwith become due and payable.

16. Refunds

(1)Where an application for first registration has failed, the Registrar shall refund to the applicant one-half of the application fee.
(2)Where any document which has been rejected is resubmitted after rectification or where a fresh document made between the same parties and to the like effect is tendered in substitution for a document rejected by the Registrar, the fee paid on the original application shall be deemed to have been paid in respect of the resubmission of such document or the tender of such fresh document.
(3)Save as hereinbefore provided, no fee paid on any application, or for any registration or entry or any other matter for which the Registrar may charge a fee shall be refunded unless the Registrar makes an order to the contrary.

Hours of business (rule 17)

17. Hours of business

The Land Registry shall be open to the public daily, except on Saturdays, Sundays and public holidays, from 8.00 a.m. until 1.00 p.m.

First schedule

Forms

[Editorial note: The form has not been reproduced]

Second schedule

Attestation clauses

[Editorial note: The form has not been reproduced]

Third schedule

Fees

Item numberMatterFees
  Shs.Cts.
1.On an application for first registration under section 10: for the first shillings 1,000 or part thereof, of the value of the estate the subject of the application2000
For every shillings 1,000 or part thereof in excess of shillings 1,000/- up to shillings 100,000700
For every shillings 1,000 or part thereof in excess of Shillings 100,000500
2.On application for the leave of the Registrar under the proviso to section 10(1) to apply for first registration out of time20000
3.On a notice of adoption under section 112000
4.For the first registration of a grant of public land or of certificate of occupancy—
(a)for the first shillings 4,000/- or part thereof of the value of the land or right of occupancy50000
(b)for every shillings 4,000/- up up to shillings 200,000/-30000
(c)for every shillings 1,000/- or part thereof in excess of shillings 200,000/- up to shillings 800,000/-20000
5.For the issue of a certificate of title under section 35, 38 or 394000
6.On application for an entry or or registration in the Land Registry of any mortgage—
(a)where the consideration or value secured does not exceed Shs. 5,0004000
(b)where the consideration or value secured exceeds Shs. 5,000/- but not shs. 10,000/-5000
(c)where the consideration or value secured exceeds Shs. 10,000/- but not Shs. 15,000/-6000
(d)where the consideration or value secured exceeds Shs. 15,000/- but not shs. 20,000/-7000
(e)on application for an entry or registration of surrender of any grant or lease8000
(f)on application for an entry or registration of Deed of variation of terms and/or conditions of right of occupancy8000
(g)where the consideration or value secured exceeds Shs. 20,000/-8000
(h)on application for any entry or any other inscription in the land register or for the cancellation of any memorial not herein expressly provided for:Provided that no fee shall be payable for the cancellation of a memorial under section III(2)4000
6A.On application for the registration of a transfer of an estate in land (other than a transfer of trust property from a trustee to a trustee or from a trustee to a beneficiary or a transfer incidental to the reconstruction of a company or the amalgamation of two or more companies) or for the registration of a lease.
(a)for the first shillings 2,000/- or part thereof of the consideration or value1000
(b)for every shillings 1,000/- or part thereof in excess of shillings 2,000/- up to shillings 100,000/-500
(c)for every shillings 1,000/- or part thereof in excess of shillings 100,000/=250
6B.Where any application chargeable under Item Number 6 or 6A relates to two or more parcels, there shall be payable in addition to the fee prescribed above, for the second and each subsequent parcel1000
7.On an application for registration of a title by adverse possession of registered landA fee at the rate prescribed under Item 1 above
8.On application for combination of two or more parcels under section 82.For each parcel to be combined1500
9.On an application for the division of a parcel under section 83 or for a reparcellation under section 85 for each parcel resulting1500
10.On an application for the filing of a power of attorney under section 96 or on giving notice of revocation4000
11.On application to inspect the land register and the filed documents:
(a)for each parcel, where the applicant furnishes the numbers of the block and parcel1000
(b)for each parcel, where the applicant does not furnish the members of the block and parcel2000
12.On application for a list of parcels in which any person has an estate or interest4000
13.On application for an official search in respect of any estate in any parcel:
(a)where the applicant furnishes the numbers of the block and parcel4000
(b)where the applicant does not furnish the numbers of block and parcel8000
14.For uncertified copy of any folio of the Land Register or of any filed documents or of any extract from an index map or any filed plan:per single page or part of a single page500
15.For certifying any document or extract therefrom or any extract from an index map or any filed plan1000
16. and 17.[Deleted]
18.For rectification of the land register:
(a)in respect of one parcel4000
(b)in respect of two or more parcels3000
(i)for the first parcel3000
(ii)for each subsequent parcelProvided that no fee shall be payable where the rectification was necessitated by any error or omission of the Registrar.1000
19.For the taking of a statutory declaration by the Registrar:
(a)for taking the declaration1000
(b)for every exhibit thereto300
20.For recording any change of name or address
(a)for the first parcel2000
(b)for the second and each subsequent parcel500
21.For approving the form of any documentSuch fee as the Registrar may decide but but not exceeding Shs. 100 00
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History of this document

10 December 2010 amendment not yet applied
31 July 2002 this version
Consolidation