EXAMINING THE LAW ON DISPOSITION OF DERIVATIVE LAND RIGHTS BY NON-CITIZENS IN TANZANIA

Abstract

This paper examines the law governing foreign investors' disposition of derivative rights to land in Tanzania. It employs a doctrinal approach by examining statutes, case laws, books, parliamentary hansards, reports and journal articles on the subject matter. The law recognizes three categories of land: general land, village land, and reserved land. Tanzanian land law recognizes the right of occupancy as its land tenure, which is in the form of a leasehold, as all land is public land. Non-citizens cannot own land under the right of occupancy except through derivative rights for investment purposes. The study further establishes that a foreign investor holding a derivative right to land can make disposition of such right through sale, mortgage or sub-leasing. This can only take effect after obtaining a written consent of the Tanzania Investment Centre (TIC), which holds a right of occupancy creating the respective derivative rights.