Fake land transfers in Tanzania examination of land registration policy, law and Practice

This dissertation deals with the problem of fake land transfers in Tanzania. It reviews the extent to which policy, law and practices relating to land registration contribute to the problem. In chapter one the study examines the state of land ownership and disposition in communal societies. Then it goes to the colonial period, when land policies and land registration laws were introduced. Towards the end of this chapter it is shown how the independence government adopted the colonial laws virtually wholesale. The national land policy and land acts operating now in Tanzania have been discussed in order to show how the government has recognized the importance of land registration the law governing land registration in Tanzania is reviewed at length. In chapter two here the law is discussed extensively in order to expose the weakness, which might be exploited by people who engage in fake transfers. The outcome is that the legislation has some provisions, which are used by unfaithful people to create fake transfers. Chapter three looks into the practice that has been adopted by land registry officials when dealing with documents. The chapter reviews the procedure for registration of certificate of occupancy, transfers and other dealings relating to registered land, and the time taken to process relevant documents once they are received in the land registry. The aim of the review is to ascertain whether there are procedural weaknesses, which force people to refrain from making better use of land registry services thus contributing to the problem under discussion. In the conclusion, it is observed that weaknesses do exist in policy, law and in practice. Indeed, there were no specific policies regarding land registration and land transfers. In law there are provisions, which need amendments as they act as loopholes, which facilitate fake transfers. Practically there are unnecessary bureaucratic.