CHAPTER 334
LAND REGISTRATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Maintenance of land registry.

   4.   Administration.

   5.   Signature of Registrar to be judicially noticed.

   6.   Seal of office.

   7.   Indemnity of officers.

PART II
FIRST REGISTRATION OF EXISTING TITLES

   8.   Registrable estates.

   9.   Power to make orders rendering registration compulsory in certain areas.

   10.   Application for registration.

   11.   Applications not to abate.

   12.   Advertisement.

   13.   Objections.

   14.   Investigation of title.

   15.   Certain roots of title acceptable.

   16.   Adverse possession.

   17.   Registrar's discretion to suspend compromise.

   18.   Decision allowing application.

   19.   Dismissal of application.

   20.   Decision of Registrar to be evidence in other proceedings.

   21.   Applications not to be repeated.

   22.   Registrar to record reasons for his decision.

   23.   Registration to be deferred in certain cases.

   24.   Conditions imposed by the former German Government to run with the land.

   25.   Incumbrances subsisting at first registration.

   26.   Disposal of documents of title.

PART III
GRANTS OF PUBLIC LAND

   27.   Grants of public land and certificates of occupancy to be registered.

   28.   Covenants and conditions in grants and certificates of occupancy.

   29.   Mortgages of agreements for rights of occupancy.

PART IV
MANNER AND EFFECT OF REGISTRATION

   30.   Form and contents of the land register.

   31.   Manner of registration.

   32.   Time of registration.

   33.   Estate of registered owner paramount.

   34.   Memorials to give actual notice.

PART V
CERTIFICATES OF TITLE

   35.   Owner entitled to receive certificate.

   36.   Endorsement of certificates of title.

   37.   Registrar may require production of certificates of title.

   38.   Lost certificates.

   39.   Mutilated certificates to be replaced.

   40.   Certificates of title to be evidence.

PART VI
DISPOSITIONS

General Provisions

   41.   Disposition of land.

   42.   Power of Registrar to reject deeds.

   43.   Implied covenants may be varied.

   44.   Covenants to be joint and several.

   45.   Joint tenancy and tenancy in common.

   46.   Implied receipt.

   47.   Deeds not to include unregistered land.

   48.   Original deeds to be retained.

Special Provisions relating to Transfers

   49.   Transfers of lease.

   50.   Transfers subject to mortgages.

   51.   Transfers in exercise of power of sale.

   52.   Owner may transfer to himself.

   53.   Division on transfers to be vertical.

Special Provisions relating to Leases

   54.   Certain leases not registrable.

   55.   Reversionary leases.

   56.   Implied covenants and powers.

Special Provisions Relating to Mortgages

   57.   Effect of a registered mortgage.

   58.   Mortgages may secure future debts.

   59.   Mortgages by companies and co-operative societies.

   60.   Priority.

   61.   Consolidation.

   62.   Implied covenants by borrower.

   63.   Deposit of mortgage money.

   64.   Creation of liens by deposit.

Special Provisions relating to Partitions

   65.   Partition subject to mortgage.

   66.   Parcels to be divided vertically.

PART VII
TRANSMISSIONS

Transmissions on Death

   67.   Registration of legal personal representatives.

   68.   Dispositions and assents by legal personal representative.

   69.   Registration of survivor of joint owners.

   70.   Cancellation of lease determinable on death.

Other Transmissions

   71.   Registrar to record changes by operation of law.

   72.   Titles acquired by adverse possession.

PART VIII
ORDERS OF COURT

   73.   Entry of prohibitory orders and injunctions.

   74.   Authorities and directions.

   75.   Bankruptcy.

   76.   Winding-up.

   77.   Appointment of receivers and managers generally.

PART IX
CAVEATS AND INJUNCTIONS

   78.   Caveats.

   79.   Power of Registrar to enter injunctions.

PART X
TRUSTS

   80.   Trusts.

   81.   Settled land.

PART XI
MUTATIONS

   82.   Combination of parcels.

   83.   Division of parcels.

   84.   Combination or division subject to lease.

   85.   Reparcellations.

PART XII
MAPS, PLANS AND BOUNDARIES

   86.   Index map.

   87.   Power of Registrar to rectify index map.

   88.   Plans to support applications, dispositions and mutations.

   89.   Boundaries only general.

   90.   Foreshore.

PART XIII
EXECUTION OF DEEDS

   91.   Execution by all parties required.

   92.   Manner of execution.

   93.   Attestation.

   94.   Presumption of due execution under corporate seal.

   95.   Employment of agents.

   96.   Filing of powers of attorney.

PART XIV
SEARCHES AND COPIES

   97.   Searches.

   98.   Copies.

PART XV
RECTIFICATION OF THE LAND REGISTER AND INDEMNITY

   99.   Rectification of land register.

   100.   Right to indemnity in certain cases.

PART XVI
APPEALS FROM DECISION OF THE REGISTRAR

   101.   Decisions to be in writing.

   102.   Appeals to High Court.

PART XVII
MISCELLANEOUS PROVISIONS

   103.   Power for Registrar to record acts in exercise of powers.

   104.   Power of the Registrar to state a case.

   105.   Power for the Registrar to require attendance of witnesses.

   106.   Power of Registrar to take statutory declarations.

   107.   Power of Registrar to make order as to costs.

   108.   Power to register without prior payment of fees.

   109.   Power to destroy obsolete documents.

   110.   Service of notices.

   111.   Estate duty.

   112.   Provisions of Registration of Documents Act excluded.

   113.   [Amendment of laws.]

   114.   Rules.

   115.   [Repeal of laws.]

CHAPTER 334
THE LAND REGISTRATION ACT

An Act to provide for the registration of land and for related matters.

[1st June, 1954]

Ords. Nos.
36 of 1953
26 of 1958
3 of 1959
13 of 1960
22 of 1960
35 of 1961
Acts Nos.
4 of 1963
24 of 1963
64 of 1963
38 of 1964
10 of 1971
12 of 1981
31 of 1997
G.Ns. Nos.
322 of 1962
478 of 1962

PART I
PRELIMINARY PROVISIONS (ss 1-7)

1.   Short title

   This Act may be cited as the Land Registration Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires–

   "approved plan" means a plan approved for the purposes of this Act by the Commissioner for Surveys of the Survey Division;

    "borrower" means the owner of an estate which is subject to a mortgage;

   "certificate of occupancy" means a certificate of occupancy issued under the provisions of the Land Act *;

   "co-owner" means the owner of an undivided share in any estate;

   "deed" means an instrument in writing whereby a disposition is or is intended to be effected;

   "disposition" means any act performed inter vivos whereby the owner of a registered estate or interest transfers or mortgages that estate or interest or any part thereof or creates any lesser estate or interest thereout or whereby any such estate or interest is varied or extinguished, other than–

   (a)   a lease expressed to be for a term of five years or less or any estate or interest derived from such a lease, unless such lease contains an option whereby the tenant can require the landlord to grant him a further term or terms which, together with the original term, exceed five years; or

   (b)   a lease from year to year or for periods of less than a year, whether or not the lease includes an initial fixed term or any estate or interest derived from such lease, unless such initial fixed term exceeds four years;

   "enter" means to inscribe in the land register a memorial recording any notice, caveat, injunction or prohibitory order, and "entry" and "entered" shall be construed accordingly;

   "estate" means a freehold estate, a lease or any estate which under the provisions of this Act is deemed to be freehold or leasehold, or a right of occupancy in respect of which a certificate of occupancy has been issued, but does not include the title to any building, tree or other thing erected on or growing out of or affixed to land and owned separately from the land;

   "index map" means the land register to be maintained by the Registrar under the provisions of section 86;

   "land register" means the land register to be maintained by the Registrar under the provisions of subsection (2) of section 3;

   "lease" includes a sub-lease and a term created out of a right of occupancy in respect of which a certificate of occupancy has been issued, but does not include–

   (a)   a right of occupancy whether a certificate of occupancy has been issued in respect thereof or not; or

   (b)   a lease of, or any rights in or over, mines minerals or mineral oils, and "leasehold" shall be construed accordingly;

   "legal personal representative" means the executor, original or by representation, or administration for the time being of a deceased person;

   "lender" means the owner of a mortgage;

   "memorial" means any inscription in the land register and, without prejudice to the generality of the foregoing, includes the description of any registered land, the record of the ownership thereof and the record of any incumbrance affecting the same;

   "Minister" means the Minister for the time being responsible for matters relating to land;

   "mortgage" includes a sub-mortgage;

   "mutation" means the combination of two or more parcels into one or the division of a parcel into two or more parcels or a reparcellation;

   "office copy" means a copy of a proceeding filed in the proper office of a court and sealed with the seal of such office;

   "owner" means, in relation to any estate or interest, the person for the time being in whose name that estate or interest is registered;

   "parcel" means an area of registered land separately shown on the index map;

   "partition" means the division and appropriation among co-owners of any parcel, or the appropriation among co-owners of two or more parcels;

   "public land" means all land other than land–

   (a)   registrable under Part II;

   (b)   required to be registered under Part II;

   "register" means to inscribe in the land register a memorial recording the title to any estate in land or any disposition or transmission of any registered estate or interest; and

   "registered land" means land in respect of which an estate has been registered;

   "registrar" means the Registrar of Titles appointed under the provisions of section 4 and includes a Deputy Registrar and an Assistant Registrar;

   "registration" and "registered" shall be construed accordingly;

   "re-parcellation" means the alteration of the boundaries of two or more contiguous parcels to form new parcels differing in area or layout;

   "unregistered land" means land other than registered land.

   (2) In this Act and in every deed made under this Act, reference to a landlord, tenant, lender, borrower, transferor or transferee shall be deemed to include his legal personal representative and successors in title.

   (3) Unless the context otherwise requires, nothing contained in this Act shall be construed as permitting any disposition, mutation or other act which is forbidden under the express provisions of any other law for the time being in force, or as overriding any provision of any such law requiring the consent or approval of any person to any disposition, mutation or other act.

3.   Maintenance of land registry

   (1) There shall be maintained at Dar es Salaam, or such other place as the Minister may by order declare, a land registry.

   (2) The Registrar shall maintain in the land registry a land register for the registration of the title to land in Tanzania and the recording of dispositions, transmissions and incumbrance of and over registered land.

4.   Administration G.N. No. 478 of 1962">

   * The Minister shall appoint a Registrar of Titles to perform the duties and exercise the powers imposed and conferred by this Act and may appoint a Deputy Registrar and any number of Assistant Registrars, who shall be subject to the directions of the Registrar of Titles.

5.   Signature of Registrar to be judicially noticed

   All courts, judges and persons acting judicially shall take judicial notice of the signature of the Registrar.

6.   Seal of office

   There shall be a seal of the land registry and any document purporting to be sealed with that seal shall be admissible in evidence.

7.   Indemnity of officers

   The Registrar shall not, nor shall any person acting under the authority of the Registrar or under any rule made in pursuance of this Act, be personally liable for or in respect of any act or matter done or omitted to be done in good faith in the exercise or supposed exercise of the powers conferred by this Act or by any rule made in pursuance of this Act.

PART II
FIRST REGISTRATION OF EXISTING TITLES (ss 8-26)

8.   Registrable estates Ord. No. 22 of 1960 s. 6">

   (1) For the purposes of this Part the expression–

   "registrable estate" means a freehold estate or a lease, or any estate which is by the provisions of the Act deemed to be freehold 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 him a further term or terms which, together with the original unexpired term, exceed five years; or

   (b)   a lease from year to year or for periods of less than a year whether or not the lease includes an initial fixed term, unless such initial fixed term exceeds four years; or

   (c)   a right of occupancy whether a certificate of occupancy has been issued in respect thereof or not.

   (2) An estate of absolute ownership acquired before the 26th day of January, 1923, shall be deemed to be a freehold estate.

   (3) An Erbbaurecht or hereditary right of construction granted under German law during the period of German administration of Tanganyika shall be deemed to have created a lease of the land thereby affected.

   (4) Any land previously held in absolute ownership which has been validly endowed or dedicated as wakf under Muslim law shall be deemed to be freehold, notwithstanding such endowment or dedication.

9.   Power to make orders rendering registration compulsory in certain areas Act. No. 24 of 1963. 4th Sch.">

   (1) The Registrar may by order published in the Gazette require every person who claims to be entitled, whether beneficially or as a trustee, to a registrable estate in any unregistered land to apply for registration of his title to such estate within such period as shall be specified in such order

   (2) An order under this section may be made in respect of registrable estates within an area defined in the order or in respect of a particular registrable estate (in which case the order shall also be served on the person whom the Registrar believes to have the greatest estate therein and shall be affixed in a prominent place on the land).

10.   Application for registration Ord. No. 26 of 1958 s. 2; G.N. No. 478 of 1962">

   (1) Any person who claims to be entitled to a registrable estate in any unregistered land, whether beneficially or as a trustee, may apply to the Registrar in the prescribed manner for registration (hereinafter referred to as "first registration") of his estate:

   Provided that no person who has failed to comply with an order made under section 9 or an order made under section 5A of the Land Registry Ordinance *, as contained in the Land Registry (Amendment) Act, 1947-1949 *, shall, without the leave of the Registrar be entitled to apply for first registration.

   (2) Every application for first registration shall be accompanied by all the documents of title to such land in the possession or under the control of the applicant.

11.   Applications not to abate

   An application for first registration shall not abate by reason of the death, bankruptcy or disability of the applicant or of any disposition made by him, but may be adopted and continued by his legal personal representative, trustee, committee or successor in title, as the case may be, and any reference in this Act to an applicant shall include any such legal personal representative, trustee, committee or successor in title so adopting and continuing an application.

12.   Advertisement

   (1) Every application for first registration shall be advertised by the Registrar at the expense of the applicant in the Gazette and in such one or more newspapers, if any, as the Registrar may decide.

   (2) The Registrar may give notice of any application to such persons as he may think fit and shall, whenever practicable, give such notice to the reputed owners of all land adjoining that comprised in the application, except where such adjoining land is in an area defined in a notice made under section 9 or is already registered or where the reputed owner or such adjoining land acknowledges in writing that he has no objection to the application.

13.   Objections

   Any person who claims to have any estate or interest in the land comprised in an application for first registration may, at any time prior to the determination of the application by the Registrar, give the Registrar notice in writing objecting to the first registration of the land in the name of the applicant, and setting out the grounds of his objection.

14.   Investigation of title

   (1) The Registrar shall investigate the title to the registrable estate claimed and in the course of his investigation he may in his absolute discretion admit evidence which would not be admissible in a court of law and may use evidence adduced in any other application or contained in any official records and may call evidence of his own motion.

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