Land Law Assignment

A granted right of occupancy is a legal certificate that allows the person granted to
use and occupy land for different purposes. These purposes can include residential
and investment, construction, or any other purpose as allowed by law. A granted right
of occupancy under the Land Act is usually given by the President subject to certain
prescribed conditions 1, which are as follows:
A granted right of occupancy is usually given upon payment of a premium 2. A

premium is an amount of money that is required to be paid by a person who requires a
certificate of title. The premium amount of the premium is not specified in the Land
Act. The minister responsible for land matters is the one who decides what the
amount of the premium will be and is properly instructed on the factors to take into
consideration by the Land Act.
The length of the granted right of occupancy is another vital condition that is vital and
it is not supposed to exceed 99 years. There are instances where a granted right of
occupancy can be given for a period of less than 99 years. Sometimes, a grant can be
given for 33 years. When the period of a grant of occupancy comes to an end, the
holder of the title can apply for an extension before it is granted to another person, as
long as they have adhered to all the terms and conditions.
Another condition required of a holder of a certificate of granted right of occupancy is

to pay an annual rent for his or her occupation. Again, the amount to be paid is not
outlined in the Land Act, but there are procedures to follow in determining the exact
amount that a holder of the certificate of title is supposed to pay.
Change of use. This is also another condition for the granted right of occupancy,
which requires an occupier of land to notify the commissioner that he or she wants to
change some conditions of the certificate so as to perform other activities that will
enable him or her to develop the use of that land or dispose of the whole or part of
that land in connection with the development of that land, which is not permitted. The
following are some of the conditions stipulated in other laws and their consequences
for non- compliance
1
Section 22 of the land Act Cap. 113
2
Section 31 of the land Act Cap. 113
A holder of the certificate of title of a granted right of occupancy who wishes to
engage in breeding, game sanctuaries, zoos, ranching, orphanage centers, or farming
game animals on the land which he or she occupies may apply to the director in the
prescribed form. He or she must adhere to certain conditions 3, such as that the person
trying to engage in such activities is a citizen of the United Republic of Tanzania and
also does nopt commit an offense under the law, failure of which will result in the
director withdrawing the authorization given to conduct such activities on that land 4.
The holder of a mining right, upon providing of his or her licence is required to
adhere to certain regulations as provided by the law, such as paying annual rent 5 and
other prescribed conditions. The failure to pay annual rent as required by law and not
abiding by the conditions of their exercise of his or her license under a mining right, a
holder of a holder's grant of occupany licence maybe cancelled or suspended6.
An occupier of land also is obliged to adhere to the conditions of preserving the

amenity of the land that he enjoys using. The planning authority will send a notice so
that the user can rectify the amenity, but failure to do so may attract heavy penalty
onto that person. from the urban authority7.
A holder of a grant of right of occupancy for investment purposes is required by law

to adhere to some conditions that are vital to the whole process. Such conditions
include that the period of investment shall not exceed five years, and that if it is for
non- fiscal incentives it shall be valid till the whole project of investment has been
completed 8.
3
Section 89(1) of the the Wildlife Conservation Act Cap.238
4
Section 89(5) of the the Wildlife Conservation Act Cap.238
5
Section 66(1) of the the Mining Act Cap. 123
6
Section 63 (2) a of the the Mining Act Cap. 123
7
Section 57 (1) and (2) of the the Urban planning Act of 2007
8
Section 19 and 20 of the the Tanzania Investment Act Cap. 38

Land Law Assignment

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Land Law Assignment

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A granted right of occupancy is a legal certificate that allows the person granted to

A granted right of occupancy is usually given upon payment of a premium 2. A

Another condition required of a holder of a certificate of granted right of occupancy is

An occupier of land also is obliged to adhere to the conditions of preserving the

A holder of a grant of right of occupancy for investment purposes is required by law

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