Compulsory Land Acquisition and Third Party Interests under Tanzanian Land Law: The Case of Mortgagees and Tenants

Abstract

The President of the United Republic of Tanzania has powerto acquire, subject to payment of compensation, any landwhere such land is required for public purpose. Theacquisition leads to extinction of both the right of occupancyand third party land interests, such as mortgages andleases, created out of it. Using documentary review oflegislation and other pieces of literature, the paper exploresthe extent to which the law in Tanzania treats third partyinterests generally and leases and mortgages in particularas far as eligibility for payment of compensation isconcerned. It is concluded that despite the fact thatmortgagees and tenants have proprietary interests in land,laws relating to compulsory land acquisition in Tanzaniafocus on holders of the right of occupancy. The paperrecommends amendments to relevant laws so that thirdparty interests generally and mortgages and leases inparticular are accorded the requisite attention in thecompulsory acquisition process; especially eligibility forpayment of compensation.  Key words: compensation, compulsory acquisition, leases,mortgages, right of occupancy, third party landinterests