CHAPTER 334
LAND REGISTRATION ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   OMITTED ORDERS

   ORDERS

      The Moshi Land Registry (Declaration) Order

   RULES

      The Land Registration Rules

      the Land Registration (Appeals) Rules

OMITTED ORDERS

   The following Orders have been omitted–

G.N. No. 307 of 1969

The Land Registration (Compulsory Registration)
(Iringa, Mbeya, Morogoro, Mtwara and Ruvuma Regions) Order.

G.N. No. 2 of 1971

The Land Registration (Compulsory Registration) (Coast Region) Order.

G.N. No. 11 of 1972

The Land Registration (Compulsory Registration) (Kigoma Region) Order.

G.N. No. 134 of 1973

The Land Registration (Compulsory Registration) Order.

ORDERS

THE MOSHI LAND REGISTRY (DECLARATION) ORDER

(Section 3)

[3rd September, 1973]

G.N. No. 179 of 1973

   1. This Order may be cited as the Moshi Land Registry (Declaration) Order.

   2. There shall be a land registry at Moshi, which shall be used for the registration of any title to any estate in land or any disposition or transmission of any estate or interest in land situated in the Arusha, Kilimanjaro or Tanga Regions.

RULES

THE LAND REGISTRATION RULES

(Section 114)

G.Ns. 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 *;

   "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 Court
A Magistrate
A Justice of the Peace
An Advocate
The Registrar of Titles
A Senior or Assistant Registrar of Titles
An Assistant Registrar of Titles
The Registrar of the High Court
A Deputy Registrar of the High Court
The Commissioner for Lands
An Assistant Commissioner for Lands
The Administrator-General
A Senior Assistant Administrator-General
An Assistant Administrator-General
The Administrative Officer
An Internal Revenue Officer
A Senior Land Officer
A Land Officer.

            Any person employed by the Government of the United Republic and who under the provisions of section 3 of the Advocates Act *, is entitled to practise as an Advocate of the High Court.

            Any person employed by the Tanzania Legal Corporation established by the Tanzania Legal Corporation (Establishment) Order * and who, under the provisions of section 3 of the Advocates Act *, is entitled to practise as an Advocate of the High Court.

   (b)   Where the deed is executed elsewhere than in the United Republic of Tanzania, Kenya, or Uganda:

         A Judge
A Magistrate
A Justice of the Peace
A Notary Public
A 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

FORM L.R. 1.
APPLICATION FOR FIRST REGISTRATION

THE LAND REGISTRATION ACT (CAP. 334)

(Section 10)

   I, ................................................................................................................ (amend as
of .................................................................................................................... necessary)

HEREBY APPLY for registration as owner of the ............................................................in
...................................................................................... and I solemnly and sincerely

DECLARE as follows:

   1. The plan annexed hereto and marked "A" represents to the best of my knowledge and belief the boundaries of the said land.

   2. The First Schedule hereto describes to the best of my knowledge and belief all documents of title to the said land.

   3. I am not aware of any mortgage, charge, lien, lease, restrictive covenant or other incumbrances affecting my estate in the said land or any part thereof, other than those (if any) appearing in the documents described in the First Schedule aforesaid.

   4. The Second Schedule hereto contains the names and addresses of the reputed owners of all land adjoining the said land.

   5. The said land is in the occupation of ...........................................................................

   6. The value of any estate in the said land is in my estimation as follows:

      Land: Shs: .......................

      Buildings, trees and other improvements as specified in rule 15(4) of the Land Registration Rules: Shs:......................

   7. My address for service in Tanzania is:..........................................................................
.........................................................................................................................................

THE FIRST SCHEDULE

Date of Document

Nature of Document

Parties

Particulars of Registration Number

THE SECOND SCHEDULE

         Names and addresses of reputed owners of adjoining land:

.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................


............................................................................. 5 and 6

   And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Statutory Declarations Act *.

........................................................................
Signature of Applicant

DECLARED at .................................................................... this ......................... day of ................................. before me.

(Signature) ........................................................

(Qualification) ....................................................

....................................................
Signature of Applicant         

FORM L.R. 2
NOTICE OF ADOPTION

THE LAND REGISTRATION ACT (CAP. 334)

(Section 11)

   I, .................................................................................................................................
of .....................................................................................................................................
HEREBY ADOPT the application for first registration of (reference number) ....................... 1
made by ........................................................................................................ in respect of
.................................................................................................................................... 2
and request that the said land be registered in my name.

   2. I am entitled to the land as .......................................................... 3 the said ......................................................................................... by virtue of the accompanying
..................................................................................................................................4

   3. I have not mortgaged or charged the said land or leased the same for any term in excess of five years, other than ................................................................................................
.........................................................................................................................................

DATED this .......................... day of ..........................

....................................................
Signature

FORM L.R. 3
APPLICATION FOR A NEW CERTIFICATE OF TITLE

(Section 38)

      I, ...........................................................................................................................
of ...................................................................................................................................
HEREBY APPLY for the issue to me of a new certificate of title in place of the certificate previously issued, which has been ....................................................... 1

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