Land Tenure System in Tanzania; (students notes)

Today I will cover the land tenure system in Tanzania.

Here you will learn;

• what is a land tenure?
• land ownership in Tanzania
• history of land tenure system in Tanzania
• methods of acquiring land in Tanzania
• etc.

What is land tenure?

Land tenure refers to a system of holding land. It is how land is held.

The land tenure system provides for

• who can acquire land
• how can the land be acquired
• how long can a person owns the land
• the terms and conditions for holding the land
• etc.

Land Tenure System in Tanzania Before Colonialism

Before colonialism, holding land in Tanzania was based on the customary laws of the different tribes. Pre-colonial societies in Tanganyika had customary ways of acquiring and using the land, mainly land used for agriculture, hunting, gathering, and grazing. To a larger extent land was communally owned.

Acquisition of Land at Customary Law

Clearing a virgin land

This was a common way of acquiring land during that time. When someone is brought into cultivation any uncultivated land he is termed to own that land in exclusion of others.

Inheriting

Under customary law, land could also be acquired through inheriting either from the family members or clan, if the head of the family dies and left the land, other members depending on the culture and customs of that society can inherit the land of the deceased. Also under customary law, the land can be acquired by gift

By Allocation

One of the ways of acquiring land has been through allocation by the relevant authority.

This authority could be the chief, villager headman, or chairperson. In most cases such allocation was accompanied by some restrictions which had to be observed by the occupier breach of those conditions may cause the land to be taken by the authority and given to someone else.

Land Tenure System in Tanzania during Colonialism

Tanzania was mainly colonized by Germany and later the British. Each country had its own laws and policies on land matters.

The land tenure during the German colonial period was leasehold and customary tenure while the land tenure during the British colonial period was granted the right of occupancy and deemed right of occupancy

Land Tenure System During the German period in Tanzania

During the German era Ownership of land was vested in the emperor and all land was known as crown land.  

No individual was allowed to own land except for lands already in private ownership or possession by chiefs or African communities before German colonial rule.

The main instruments that governed land matter during this time wasThe Imperial Decree of 26th Nov.1895 and 1896 Circular/rules to implement the Decree.

Land grants had to be made by the Government only and all transfers of land from an African to a non-African could not be valid without consent from the Governor, this aimed at safeguarding colonial interests.

Under the Decree and the Circular, occupation by natives was deemed permissive. Their lands were subject to expropriation for freeholds purposely for the settlers.

Transfer of Crown land could be affected through Conveyance of ownership or Lease. Therefore during this era, there were three forms of tenure

1. conveyance of ownership
2. lease
3. Customary tenure.

Land Tenure System During the British period in Tanzania