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Analysis Study Research Paper | Law | Tanzania | Volume 13 Issue 1, January 2024 | Popularity: 4.6 / 10

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Legal Challenges in Foreign Land Purchases in Tanzania: Navigating the Legal Framework

Faraji M. Rushagama

Abstract: It is understood that a non - Tanzanian cannot be allocated or granted land in Tanzania unless it is for investment. This is a restriction established under Section 20 of the Land Act, 'the LA' Chapter 113 of the Laws of Tanzania. It is also noted that before the said allocation or grant of the land to a foreigner, the said land is to be identified, gazetted, and allocated to Tanzania Investments Centre, 'the TIC'. TIC is a Government agent which creates a derivative right to investors. This is in accordance to Section 20 (2) of the LA. TIC was established under Act No.26 of 1997 currently Repealed and replaced by Act No.10 of 2022 (Chapter 38) of the Laws of Tanzania. The TIC is mandated with coordination, encouraging, promoting, and facilitating and advising the government on investment policy related to investment matters. Of all these functions and restrictions of non - Tanzanian to be granted or allocated land, it comes a time when an investor has come across the land of his or her interests for certain investment and has developed wishes to buy it (to enter in other legal arrangements with individual owner). The Laws are deemed to creating a vacuum in covering this transaction. The conflict of laws discipline is to the effect that the principle of the 'situs' meaning the law of the property where it is situated applies on the property involving cross border transactions, however, the situs are silent. This paper examines the applicable land laws and practices to establish a piece of advice and recommendations for their improvement in order to strengthen the reliability and certainty of the goals and intentions of the Legislators in one hand while finding out how the weak party's efforts would be secured.

Keywords: Situs, Legislators, Land Allocation, Land Grants, Derivative Rights, Investors, Foreigners

Edition: Volume 13 Issue 1, January 2024

Pages: 1659 - 1665

DOI: https://www.doi.org/10.21275/SR24122115617

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