Harmonisation of land markets development with tenure security under the land act, 1999 and the village land act, 1999

This study discusses the Tanzanian Land Law reforms that seem to have been engendered by external and internal forces. These forces are manifested by the propagation for promotion of land markets and enhancement of land tenure security respectively. The underlying premise of the study is harmonisation of demands for free land markets and tenure security. The study demonstrates the legal framework for the operation of land markets within the Tanzanian Right of Occupancy tenure. Basically, the study covers the period that starts from 1995 when the National Land Policy of 1995 was issued, and as implemented by the Land Act, 1999 and the Village Land Act, 1999. For land markets purpose the study examines some of the categories of dispositions of rights of occupancy under the Land Acts. The law is discussed as it was up to 31st December 2003. The study shows the transformed land tenure, from one that did not recognise land markets to that which does. Subsequently, it is demonstrated that subject to regulation of the operation of land markets by the state, a right of occupancy is a property that can be transacted in the market. For this reason, the study further unveils legislative reposition for validation of occupation of land that resulted from informal land markets. Basically the study indicates that the move for validation of such occupation appears to address the symptoms and not the causes of informal land markets. The study shows that through validation the beneficiaries have managed to secure tenure security over the lands obtained outside the previous legal framework. Apart from the finding that tenure security is guaranteed under the Acts, the study points up necessary interventions for comprehensive harmonisation of land markets development with tenure security.