The Freehold Titles (Conversion) and Government Leases Act

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CHAPTER 393
THE FREEHOLD TITLES (CONVERSION)
AND GOVERNMENT LEASES ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
3. Application to certain rights of occupancy.
part ii
CONVERSION OF ESTATES AND INTERESTS
4. Interpretation of Part II.
(a) Conversion and Diminution of Interest in Real Property
5. Conversion of freehold estates into Government leases.
6. Continuance of other interests correspondingly diminished.
7. Derivative leases.
8. Effect of renewal of government leases.
9. Settled land and rent charges.
(b) Consequential Provisions
10. Trustees may retain converted interests.
11. Description of property as real property, and equitable conversion.
12. Contracts.
13. Claims not defeasible by Absence of freehold estates.
14. No new entails in personality.
(c) Final Determination of Interests
15. Final determination of interests.

feasible by Absence of freehold estates.
14. No new entails in personality.
(c) Final Determination of Interests
15. Final determination of interests.

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
part iii
GOVERNMENT LEASES
(a) Grants and Renewals
16. Grants and renewals. (b) Terms and Conditions of Government Leases
17. General conditions. 18. Rent. 19. Summary proceedings for recovery of rent. 20. Road frontage premium. 21. Dealings with Government leases. 22. Disposition without consent to be void. 23. Development requirements. 24. Unexhausted improvements. 25. Removal of fixtures. 26. Forfeiture. (c) Subleases and Mortgages
27. Implied covenant by sublessor and mortgagor. 28. Covenants in subleases granted before annexure of development requirements. 29. Covenants in mortgages. 30. Agreements. (d) Relief against Forfeiture
31. Relief. (e) Miscellaneous
32. The republic as landlord. 33. Commissioner to exercise functions on behalf of republic. 34. Assignee of Government lease entitled to call for certain title. 35. Taxes, rates and charges. 36. Variation of government leases. part iv
DEVELOPMENT REQUIREMENTS
37. Interpretation of Part IV.

l for certain title. 35. Taxes, rates and charges. 36. Variation of government leases. part iv
DEVELOPMENT REQUIREMENTS
37. Interpretation of Part IV.

(a) Annexure of Development Requirements
38. Repealed. 39. Urban holdings. 40. Large rural holdings. 41. Small rural holdings: building development.

(a) Annexure of Development Requirements
38. Repealed. 39. Urban holdings. 40. Large rural holdings. 41. Small rural holdings: building development.

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
42. Small rural holdings: other development. 43. Annexure on grant or assignment. 44. Annexure on applications under sections 47 and 48. 45. Continuing requirements. 46. Notice of annexure of development requirements. (b) Modification and Extinguishment of Easements, etc., and Covenants,
and Acquisition of Certain Subleases and Profits
47. Easements, etc., and covenants. 48. Compulsory acquisition of subleases of parts of leased land, and profits. 49. Compensation for compulsory acquisition. 50. Charge for compensation. part v
THE LAND TRIBUNAL
51. Land Tribunal. 52. Appeals to Tribunal. 53. Powers of Tribunal on appeals under section 52. 54. Decisions of Tribunal to be final, and duties of Commissioner. part vi
MISCELLANEOUS PROVISIONS
(a) General and Administrative
55. Rights of entry, and power to call for information. 56. Service of notices, etc.. 57. Authentication of certain notices and copies of orders. 58. Delegation of Commissioner’s powers. 59.

or information. 56. Service of notices, etc.. 57. Authentication of certain notices and copies of orders. 58. Delegation of Commissioner’s powers. 59.

Exemption from certain duties and fees. 60. Rules. (b) Amendment of Land Register
61. Amendment of land register. (c) Amendment and Construction of Laws, and Saving
62. No new grants of freehold. 63. General amendment. 64-65. Omitted. 66. Exemption. SCHEDULES

ter. (c) Amendment and Construction of Laws, and Saving
62. No new grants of freehold. 63. General amendment. 64-65. Omitted. 66. Exemption. SCHEDULES

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Freehold Titles (Conversion)
and Government Leases Act. 2.–(1) In this Act, unless the context otherwise requires-
“appointed day” means the first day of July, 1963;
“Commissioner” means the Commissioner for Lands and
includes any person to whom the relevant function,
power or duty of the Commissioner has been delegated
under section 58;
“compulsory purchase order” means an order made under
section 48 as varied in accordance with any directions
of the Land Tribunal, and any order substituted in
accordance with any such directions;
“Court” means the High Court;
Short title
Interpretation
CHAPTER 393
THE FREEHOLD TITLES (CONVERSION)
AND GOVERNMENT LEASES ACT
An Act to convert freehold estates in land into leasehold estates and to
provide for the corresponding diminution of other estates and interests
in and over land, to declare the incidents of such leasehold estates and to
provide for the development of land. [1st July, 1963]
Acts Nos.

interests
in and over land, to declare the incidents of such leasehold estates and to
provide for the development of land. [1st July, 1963]
Acts Nos.

24 of 1963
48 of 1964
4 of 1965
39 of 1966
44 of 1969
4 of 1970
GN. No. 315 of 1965

24 of 1963
48 of 1964
4 of 1965
39 of 1966
44 of 1969
4 of 1970
GN. No. 315 of 1965

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

of this book may be reproduced or distributed without permission of OAG.171
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

2023]
“development requirements” means development
requirements annexed to leased land under Part IV of
this Act as varied in accordance with any directions of
the Land Tribunal, and any requirements substituted in
accordance with any such directions;
“fee simple” includes an estate of absolute ownership created
before the twenty-sixth day of January, 1923, and any
other absolute estate or interest which is, or if it had been
registered under the Land Registration Act prior to the
appointed day, would have been, registered as a freehold
estate;
“Government lease” means the term vested in any person by
section 5 or a grant made under section 16, and includes
any renewal;
“Land Tribunal” means the Tribunal established by section
51;
“leased land” means land held for a Government lease;
“Minister” means the Minister responsible for land;
“mortgage” includes a lien or charge by deposit of title deeds,
a registered charge and a submortgage, and “mortgagee”
shall be construed accordingly;
“person of full age” includes a corporation;
“registered land” and “land register” have the meanings
respectively ascribed to those expressions in the Land
Registration Act;
“Registrar” means, in the case of registered land, the
Registrar of Titles appointed under the Land Registration
Act, and in the case of land which is not registered land
means the Registrar of Documents appointed under the
Registration of Documents Act, and includes any person
authorised under those enactments to exercise the powers
and functions conferred on such Registrars respectively;
“sublease” includes a lease of land which on the appointed
day becomes held by a tenant, and any sublease, and
“sublessee” shall be construed accordingly;
Cap.

” includes a lease of land which on the appointed
day becomes held by a tenant, and any sublease, and
“sublessee” shall be construed accordingly;
Cap.

334
Cap. 334
Cap. 334
Cap. 117

334
Cap. 334
Cap. 334
Cap. 117

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
“tenant” means the person who holds any leased land
for a government lease, and includes his personal
representatives and other statutory assignees, and any
person who acquires a title to such lease by adverse
possession;
“will” includes a codicil. (2) In this Act, references to development conditions in
relation to rights of occupancy means those conditions and
covenants relating to the use, development and exploitation
expressly or impliedly contained in a contract for, or certificate
issued in respect of a right of occupancy. (3) For the purposes of this Act, a freehold estate which
is extinguished under section 5 shall be deemed to have
converted into a government lease and references in this Act
to the conversion of interests and converted interests shall be
construed accordingly.

ve
converted into a government lease and references in this Act
to the conversion of interests and converted interests shall be
construed accordingly.

3.–(1) Nothing in Parts II, III, IV or V of this Act shall apply to
any right of occupancy granted under the Land Act to any land
subject thereto, other than a right of occupancy granted before
the appointed day over land held at the time of such grant for
an estate of freehold, and the land subject thereto. (2) A right of occupancy granted before the appointed day
over land held at the time of the grant for an estate of freehold,
and a term created out of such right of occupancy shall be
deemed to be a “derivative lease” and an “interest” for the
purposes of this Act. PART II
CONVERSION OF ESTATES AND INTERESTS
4. In this Part, unless the context otherwise requires-
“derivative lease” means a lease or a sublease granted before
the appointed day over land which, by virtue of the
provisions of section 5, becomes vested in any person for
a government lease, other than any such lease or sublease
which expires or is otherwise determined before that day;
Application to
certain rights of
occupancy
Cap. 113
Interpretation of
Part II

se or sublease
which expires or is otherwise determined before that day;
Application to
certain rights of
occupancy
Cap. 113
Interpretation of
Part II

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
“interest” means any estate, term, interest, charge, lien, right,
title, equity or other property in over land or in or over
an incorporeal hereditament, whether the same be vested
or contingent, legal or equitable, and whether created
by statute or grant or acquired by user, and includes the
benefit of any covenant which touches and concerns land,
but does not include any such interest which expires or is
otherwise determined before the appointed day;
“land” includes an undivided share of land, but does not
include incorporeal hereditaments;
“possession” includes the receipt of the rents and profits, and
the right to receive the same.

f land, but does not
include incorporeal hereditaments;
“possession” includes the receipt of the rents and profits, and
the right to receive the same.

(a) Conversion and Diminution of Interest in Real Property
5.–(1) All land, which immediately before the appointed day
is vested in any person of full age for an estate of fee simple
in possession shall, on the appointed day, vest in such person
for a term of ninety nine years from the appointed day; and
thereupon such estate in fee simple shall be extinguished. (2) All land, which immediately before the appointed day is
settled land within the meaning of the Settled Land Acts, 1882
to 1890, other than land vested in a person of full age for an
estate in fee simple in possession, shall, on the appointed day,
vest in the trustees of the settlement or, if there are none and
until trustees are appointed, in the public trustee, for a term
of ninety-nine years from the appointed day; and thereupon,
every legal estate of freehold in the land created by or under the
settlement shall cease to subsist at law and shall be converted
into equitable interests in the term vested in the trustees or the
Public Trustee.

the
settlement shall cease to subsist at law and shall be converted
into equitable interests in the term vested in the trustees or the
Public Trustee.

6.–(1) The extinguishment, conversion or diminution of any
interest in accordance with the provisions of this Act, or of
any order of the Court under section 9, shall not destroy or
defeat any other interest created or derived from or subsisting
against any such first-mentioned interest, or subsisting in or
Conversion of
freehold estates
into Government
leases
45 & 46
Cict. c. 38
47 & 48
Vict. c. 18
50 & 51
Vict. c. 30
52 & 53
Vict. c. 36
53 & 54
Vict. c. 69
Continuance of
other interests
correspondingly
diminished

Cict. c. 38
47 & 48
Vict. c. 18
50 & 51
Vict. c. 30
52 & 53
Vict. c. 36
53 & 54
Vict. c. 69
Continuance of
other interests
correspondingly
diminished

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

of this book may be reproduced or distributed without permission of OAG.174
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

2023]
against any land which, prior to the appointed day, was vested
in any person for any such first named interest; but every such
other interest shall, according to its nature, title and extent and
subject to the rents, services and conditions if any on which
the same is held and to accrue rights and liabilities-
(a) be deemed to have been created or derived from and
shall subsist against the converted or diminished
interest, or shall subsist in or against the land held for
such converted or diminished interest; and
(b) be itself converted and diminished to the extent, where
any, necessitated by any conversion or diminution of
the interest out of which it is deemed to have been
created or derived or against which it subsists, and to
the extent expressly provided in this Act or by order of
the Court under section 9,
unless it is itself expressly extinguished by this Act or by an
order of the Court under section 9:
Provided that, nothing in this section shall be construed as
varying inter se the respective interests of persons beneficially
entitled in succession under any settlement or trust to any
converted or diminished interest.

nter se the respective interests of persons beneficially
entitled in succession under any settlement or trust to any
converted or diminished interest.

(2) For the avoidance of doubts, it is hereby declared that-
(a) interest granted or subsisting before the appointed day
shall not be destroyed or defeated for the reason that,
apart from the provisions of this paragraph, it is only
capable of being created out of, or subsisting as or
against, or being appurtenant to, a freehold estate or
of being enjoyed or created by or subsisting against a
person in whom an estate of inheritance is vested, and
that the relevant freehold estate or estate of inheritance is
hereby converted to an interest or less than freehold; and
(b) subject to the proviso to subsection (1) of this section,
the conversion of an interest under this section shall
extend to the conversion of estates of inheritance or
perpetual interests, or interests equivalent to such
estates, into interests for terms of years.

extend to the conversion of estates of inheritance or
perpetual interests, or interests equivalent to such
estates, into interests for terms of years.

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
7.–(1) Where-
(a) on the appointed day, the unexpired term of any
derivative lease equals or is less than the statutory term,
the term of that lease shall remain unchanged;
(b) on the appointed day, the unexpired term of any
derivative lease exceeds the statutory term, the term of
that lease shall be diminished to the statutory term;
(c) the term of any derivative lease granted before and
to commence after the appointed day, together with
the period between the appointed day and the day on
which the lease is to commence, exceeds the statutory
term, the term of that lease shall be diminished to the
statutory term less such period; and
(d) on the appointed day, land is vested in any person for
a derivative lease for a life or lives, at a rent or fine, the
lease shall unless sooner determined, determine at the
expiration of the statutory term.

derivative lease for a life or lives, at a rent or fine, the
lease shall unless sooner determined, determine at the
expiration of the statutory term.

(2) Where any derivative lease which is renewable either
perpetually or for a term or terms is renewed on or after the
appointed day for a term which, together with the period
which has elapsed since the appointed day, would exceed the
statutory term, the renewal shall have effect only for a term,
if any, equal to the difference between the statutory term
and such period; and any right to renew such lease after the
expiration of the statutory term is hereby extinguished. (3) Subject to the provisions of section 8, in this section and
in section 12, “statutory term” means a term equal to the term
of the government lease for which the land is held less the last
ten days:
Provided that, in the case of derivative lease which is-
(a) a lease of the grantor’s reversion, and, by reason of the
provisions of this section such lease would expire unless
sooner determined, on the same date as the expiration
of a derivative lease on which such, first-mentioned
lease is immediately expectant, the statutory term of
the former shall be one day longer than the statutory
Derivative leases

ch such, first-mentioned
lease is immediately expectant, the statutory term of
the former shall be one day longer than the statutory
Derivative leases

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
term of the latter or one day shorter than the term of
the grantor or his successor in title, whichever is the
less; and
(b) itself created out of a derivative lease not being a lease
of the grantor’s reversion, the “statutory term” means
a term one day less than the term (as determined in
accordance with the provisions of this section) of the
lease out of which it is created.

rm” means
a term one day less than the term (as determined in
accordance with the provisions of this section) of the
lease out of which it is created.

8.–(1) Where any Government lease is renewed in accordance
with the provisions of this Act-
(a) the statutory term in relation to any derivative lease
which-
(i) but for the provisions of paragraph (b) of
subsection (1) of section 6, or of section 7, would
have been subsisting on the date of renewal; and
(ii) has not otherwise determined prior to the date
of renewal, shall be deemed to have been the
aggregate of the term of Government lease and
any such renewal or renewals, less the last ten
days;
(b) the provisions of subsection (1) of section 6 shall have
effect in relation to any other interest, which-
(i) but for the provisions of paragraph (b), would
have been subsisting on the date of renewal; and
(ii) has not otherwise determined prior to the date
of renewal, as if the term of the government lease
to which the relevant land is subject had been the
aggregate of the original term and of any such
renewal or renewals. (2) The provisions of this section in relation to any interest
shall have effect subject to any agreement made after the
appointed day. (3) In this section “renewal” includes a grant of government
lease under section 16 on a surrender for the purposes of a
re-grant.

the
appointed day. (3) In this section “renewal” includes a grant of government
lease under section 16 on a surrender for the purposes of a
re-grant.

Effect of renewal
of government
leases

Effect of renewal
of government
leases

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
9.–(1) A person entitled to any beneficial interest, whether
legal or equitable or vested on contingent, created by or under
a settlement within the meaning of the Settled Land Acts,
1882 to 1890 (not being an interest in any property held on
trust for sale) may apply to the Court for an order varying the
limitations or trusts of the settlement, or revoking the same
and substituting new limitations or trusts.

apply to the Court for an order varying the
limitations or trusts of the settlement, or revoking the same
and substituting new limitations or trusts.

(2) Where, on any such application, the Court is satisfied
that, by reason of the conversion or diminution by or under
this Act of any interest in land which is subject to or created
by the settlement, or of any change in the relative values of
the beneficial interests created by or under the settlement, it
is just and equitable that fresh provision be made in order to
give effect to the intentions of the settlement or to re-define
the several beneficial interests, it may vary the limitations or
trusts of the settlement or revoke the same and substitute new
limitations or trusts.

the several beneficial interests, it may vary the limitations or
trusts of the settlement or revoke the same and substitute new
limitations or trusts.

(3) Without prejudice to the generality of the jurisdiction
conferred by subsection (2), the Court may, on an application
under this section-
(a) vest the settled land in the trustees of the settlement or
other trustees on trust for sale, either with or without
a power of postponement, free from the limitations
and trusts of the settlement, but subject to trusts of the
proceeds of sale;
(b) make provision for the redemption of any legal or
equitable rent charge, notwithstanding that it was not
created by or under the settlement;
(c) create limitations or trusts corresponding to the
limitations or trusts subsisting in the settled land
immediately before the appointed day, notwithstanding
that, apart from this section, the interest created is not
an interest which may be created in a term of years;
(d) convert legal interests into equitable interests;
(e) bar any entail, other than an entail vested in a tenant
after possibility of issue extinct, or convert any entail
vested in any such tenant into a life estate;
Settled land and
rent charges

sted in a tenant
after possibility of issue extinct, or convert any entail
vested in any such tenant into a life estate;
Settled land and
rent charges

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(f) in any case in which it is satisfied that a, determinable
fee vested in a natural person is unlikely to determine
during the lifetime of any person in existence entitled
to the reversion, or that a right of entry which arises
on the breach of any condition subject to which an
estate of inheritance was granted to a natural person
is unlikely to be exercisable during the lifetime of any
person in existence entitled to exercise the same, or in
any case in which it vests land subject to a determinable
or conditional fee in trustees for sale, extinguish such
possibility of reverter or right of entry; and
(g) confer on trustees or on the tenant for life such powers
of management, advancement and maintenance as in
the circumstances are desirable.

ry; and
(g) confer on trustees or on the tenant for life such powers
of management, advancement and maintenance as in
the circumstances are desirable.

(4) An order of the Court under this section shall have effect
as a settlement or grant to trustees of the relevant interest by
the settlor, and shall operate to extinguish, in addition to every
interest expressly extinguished, the interest of any person
under any limitation or trust which is varied or revoked which
exceeds the interest of such person under the limitations or
trusts as so varied or substituted. (5) The vesting of any interest in trustees for sale by an
order under this section shall not affect any priority as between
competing interests acquired before the date of the order. (b) Consequential Provisions
10.–(1) A trustee-
(a) in whom a Government lease is vested by this Act
shall not be liable for breach of trust by reason only
of his continuing to hold the same, notwithstanding
any prohibition against investment in a term of years,
or any direction to realise terms of years, contained in
a trust instrument or will made before the appointed
day; and
(b) shall not be liable for breach of trust by reason only of
his continuing to hold any other interest converted or
Trustees may
retain converted
interests

all not be liable for breach of trust by reason only of
his continuing to hold any other interest converted or
Trustees may
retain converted
interests

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
diminished in accordance with the provisions of this
Act, notwithstanding any prohibition, contained in a
trust instrument or will be made before the appointed
day, against holding the same or investing in any interest
on which such first mentioned interest is charged. (2) The provisions of this section shall be in addition to the
provisions of section 4 of the Trustee Act, 1893, Amendment
Act, 1894. 11.–(1) Where in any written law, instrument, contract or
will made before the appointed day property is described by
reference to its real nature (whether or not that term is used
expressly), or a distinction is made between real and personal
property, and the devolution of such property under such
written law, instrument, contract or will after that day is
dependent on such description or distinction, then, for the
purposes of the identification and devolution of the property,
a government lease shall be deemed to be real property.

n or distinction, then, for the
purposes of the identification and devolution of the property,
a government lease shall be deemed to be real property.

(2) Where in any written law, instrument, contract or will
made before the appointed day trustees are directed to expend
money on the purchase of real property whether or not that
term is used expressly, and to hold the same on trust for, or to
convey the same to any person, and such purchase has not been
made before the appointed day, the same may be expended
on the purchase of a Government lease, or of any investments
authorised or by the general law, but the identification of the
beneficiaries or grantee shall be determined as if this Act had
not been passed. 12. No contract made before the appointed day-
(a) for the grant of any freehold estate by the Republic or
the President, shall become void or voidable by reason
of the provisions of section 62; but every such contract
shall be construed as a contract for the grant of a
government lease:
57 & 58
Vict. c. 10
Description
of property as
real property,
and equitable
conversion
Contracts

ed as a contract for the grant of a
government lease:
57 & 58
Vict. c. 10
Description
of property as
real property,
and equitable
conversion
Contracts

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

of this book may be reproduced or distributed without permission of OAG.180
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

2023]
Provided that, every person who claims that he is entitled
under such a contract to a grant of a government lease
under this paragraph shall give notice of his claim to the
Commissioner within six months after the appointed day, and,
if any such person fails to do so, such contract shall be void
and notwithstanding the provisions of the Law of Contract
Act, any sums paid shall be irrecoverable;
(b) for the disposition of any freehold estate, shall become
void or voidable by reason of the conversion of such
estate into a term of years or of a legal estate into an
equitable interest, or by any other diminution, by or
under the provisions of this Act; but every such contract
shall be construed as if it were a contract for the term
or interest into which the estate is converted or for the
diminished interest, as the case may be; and
(c) for the disposition of any other interest, shall become
void or voidable by reason of the conversion or
diminution in accordance with the provisions of this
Act of such interest or of the conversion or diminution
in accordance with the provisions of this Act of any
other interest out of which such first mentioned
interest is to be created; but every such contract shall
be construed as if it were a contract for such first-
mentioned interest as so converted or diminished, or as
if such first mentioned interest were to be created out
of such other interest as so converted or diminished, as
the case may be:
Provided that, a contract for a lease for a term greater than
the term vested in the proposed grantor on the appointed day
shall be construed as a contract for a lease for the unexpired
term vested in the grantor on the appointed day less the last day.

on the appointed day
shall be construed as a contract for a lease for the unexpired
term vested in the grantor on the appointed day less the last day.

13. A claim by prescription or user to any incorporeal
hereditament made on or after the appointed day, whether
the enjoyment or user by reason of which the claim is made
commenced before, on or after the appointed day, shall not be
defeated on the ground that there is no freehold or absolute estate
Cap. 345
Claims not
defeasible by
Absence of
freehold estates

ed day, shall not be
defeated on the ground that there is no freehold or absolute estate
Cap. 345
Claims not
defeasible by
Absence of
freehold estates

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.181
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
in the dominant or servient tenement, but where in accordance
with the law in force immediately prior to the appointed day
any such claim lay in favour of an estate of inheritance in a
dominant tenement as against an estate of inheritance in a
servient tenement, then on and after the appointed day such
claim may be made in favour of the Government lease in a
dominant tenement against the government lease in servient
tenement. 14.

e appointed day such
claim may be made in favour of the Government lease in a
dominant tenement against the government lease in servient
tenement. 14.

For the avoidance of doubts it is hereby declared that a
purported disposition of property (other than a limitation
under an order of the court made under section 9) made on or
after the appointed day for an entitled interest shall have effect
as if it included a disposition of the reversion expectant on
such entailed interest vested in the grantor immediately before
the disposition:
Provided that, this section shall not apply to any disposition
of an interest which subsists immediately before the appointed
day as an entailed estate or interest, or to any entailed interest
created by an order of the court made under section 9. (c) Final Determination of Interests
15.

tailed estate or interest, or to any entailed interest
created by an order of the court made under section 9. (c) Final Determination of Interests
15.

For the avoidance of doubts it is declared that,
notwithstanding the provisions of this Act or any disposition
made on or after the appointed day, every interest in or over
land, or in any incorporeal hereditament in or covenant
touching or concerning land, which is vested in any person for
a government lease, other than the reversionary interest of the
Republic or the President, shall, unless it has previously been
determined, determine and be extinguished at the expiration
of ninety-nine years from the appointed day, or in the event of
the relevant government lease being renewed, at the expiration
of the period or periods for which it is renewed:
Provided that, this section shall not apply to-
(a) the interests specified in subsection (1) of section 66;
(b) the interest of any person in compensation payable for
unexhausted improvements under section 24; or
No new entails in
personality
Final
determination of
interests

of any person in compensation payable for
unexhausted improvements under section 24; or
No new entails in
personality
Final
determination of
interests

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.182
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(c) any right of action which accrued prior to the land
ceasing to be held for a Government lease, or to any
liability of a person formerly entitled to any interest.

f action which accrued prior to the land
ceasing to be held for a Government lease, or to any
liability of a person formerly entitled to any interest.

PART III
GOVERNMENT LEASES
(a) Grants and Renewals
16.–(1) The Commissioner may, on behalf of the republic-
(a) renew any Government lease;
(b) where any Government lease is surrendered for the
purpose of accepting a new Government lease over the
same land, grant a government lease over such land; or
(c) where, immediately before the appointed day, any person
is entitled by virtue of any provision in a lease granted
under the former German law, or under any undertaking
of the Government or any former government in
pursuance of any such provision, to a grant of a freehold
estate in any land grant such person or his personal
representatives a Government lease over such land:
Provided that, where a grant is made under paragraph (c) of
this subsection, the initial term shall be ninety-nine years less
the period which has expired since the appointed day. (2) The term of every renewal or re-grant made by the
Commissioner under this section shall commence on the
expiry or surrender of the immediately preceding term.

of every renewal or re-grant made by the
Commissioner under this section shall commence on the
expiry or surrender of the immediately preceding term.

(3) Where the tenant does not seek a renewal of a government
lease, the Commissioner may, in the case of any sublease or
mortgage to which section 27 applies, renew the lease to the
sublessee or mortgagee. (b) Terms and Conditions of Government Leases
17.–(1) Subject to the provisions of this Act, the tenant shall
hold the leased land of the republic-
(a) without impeachment for waste, other than equitable
waste:
Grants and
renewals
General
conditions
Act No. 39 of 1966 s. 4

ed land of the republic-
(a) without impeachment for waste, other than equitable
waste:
Grants and
renewals
General
conditions
Act No. 39 of 1966 s. 4

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
Provided that, this paragraph shall have effect subject to
section 23;
(b) at a rent per annum calculated in accordance with the
provisions of Part I of the First Schedule to this Act:
Provided that, the Commissioner shall waive the rent of
land held for a government lease which is used exclusively for
the purposes of public worship or for burial or exclusively both
for public worship and for burial, or where part only of such
land is so used, such part of such rent as is attributable to such
part of such land;
(c) subject to the condition that the tenant shall pay such
road frontage premium as may be charged in respect
of the leased land in accordance with the provisions of
Part II of the First Schedule; and
(d) subject to the rights reserved to the grantor, and to
the restrictions contained (if any) in the relevant grant
of the freehold estate for which the land was held
immediately before the appointed day.

to
the restrictions contained (if any) in the relevant grant
of the freehold estate for which the land was held
immediately before the appointed day.

(2) The relationship of landlord and tenant between the
republic and the tenant shall not imply any covenant for quiet
enjoyment by the republic in respect of the acts of any person
claiming any interest in land from or under the republic or
the President, nor shall the provisions of section 7 of the
Conveyancing and Law of Property Act, 1881, apply in relation
to any grantor renewal made under section 16. (3) Notwithstanding the registration, under the Land
Registration Act, any freehold estate or government lease,
the provisions of section 58 of that Act shall not apply to a
government lease. (4) For the avoidance of doubts, it is declared that rights
reserved to the grantor, and restrictions, contained in the grant
of the freehold estate for which land was held immediately
before the appointed day shall be enforceable according to
their tenor by the republic against the tenant of the government
lease to which such land is subject notwithstanding any rule of
law against perpetuities or against exceptions in grants:
44 & 45
Vict. c. 41
Cap. 334

lease to which such land is subject notwithstanding any rule of
law against perpetuities or against exceptions in grants:
44 & 45
Vict. c. 41
Cap. 334

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.184
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
Provided that, this section shall not apply to any such right
or restriction expressed to be exercisable or operative for a
limited period, after the expiry of that period. 18.–(1) Rent for a government lease shall be due and payable
without demand annually in advance-
(a) in the year 1963, within three months after the
appointed day, and thereafter, on the anniversary of the
appointed day; or
(b) in the case of a government lease granted under section
16, on the date specified in the grant,
and shall be paid to the Commissioner or to such person as
he shall direct. (2) Notwithstanding the provisions of paragraph (c) of
subsection (1) of section 26, a government lease shall not be
liable to forfeiture on the grounds of non-payment of part only
of the rent without formal demand for the residue, unless the
sum paid as rent by the tenant is less than the sum paid by him
as rent for a previous year.

he rent without formal demand for the residue, unless the
sum paid as rent by the tenant is less than the sum paid by him
as rent for a previous year.

(3) The acceptance of any sum by or on behalf of the
Commissioner as rent for a Government lease, or a receipt,
shall not-
(a) constitute an admission by or on behalf of the republic
that such sum is the sum due as rent for such lease, or
estop the Republic from claiming any greater sum; or
(b) operate as a waiver by or on behalf of the republic of
any forfeiture accruing by reason of the breach of any
obligation, condition, covenant or restriction. (4) Directions under subsection (1) may be given by notice
in the Gazette or by service on the tenant. 19.–(1) Subject to the provisions of this section but without
prejudice to any other remedy for the recovery of rent, where
any person who is liable for rent for a government lease fails
to pay such rent or any instalment by the due date, an internal
revenue officer may serve or cause to be served on such person
at his ordinary place of residence or business a written demand
Rent
Summary
proceedings for
recovery of rent
Act No. 4 of 1965
GN. No. 315 of 1965

on
at his ordinary place of residence or business a written demand
Rent
Summary
proceedings for
recovery of rent
Act No. 4 of 1965
GN. No. 315 of 1965

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.185
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
calling upon such person to pay such rent or instalment within
fourteen days of the service of the demand and, where at the
expiration of such period of fourteen days the rent or instalment
has not been paid, the internal revenue officer may apply ex
parte to a civil magistrate having jurisdiction within the area
in which the Government Lease or any part is situate for a
summary warrant in the form set out in the Fourth Schedule.

ng jurisdiction within the area
in which the Government Lease or any part is situate for a
summary warrant in the form set out in the Fourth Schedule.

(2) An application under this section shall be accompanied by-
(a) a copy of the demand containing a certificate by the
person who served the same stating the time and place
of service and the person on whom it was served; and
(b) a certificate by the internal revenue officer of the
amount due and owing,
and upon production such civil magistrate aforesaid shall have
jurisdiction to grant such summary warrant; and every such
warrant shall contain every authority and be executed in all
respects as though it were both a warrant of attachment and
a warrant of sale issued out of the court of such magistrate. (3) This section shall not apply to any case where the annual
rent of the government lease exceeds two hundred shillings. (4) In this section “authorised officer” means the
Commissioner for Lands and such other person as he may
appoint in writing in that behalf. [s. 18A]
20. A tenant shall not be liable to pay any road frontage
premium unless the Commissioner has first served upon him
a notice specifying the amount of the road frontage premium
required to be paid by him. [s.

premium unless the Commissioner has first served upon him
a notice specifying the amount of the road frontage premium
required to be paid by him. [s.

18B]
21.–(1) A disposition of a government lease shall not be
operative without the consent of the Commissioner. (2) In this section, “a disposition” means-
(a) an assignment, sublease, mortgage or settlement of the
term whether in the whole leased land or a part of the
land, other than-
Road frontage
premium
Act No. 39 of 1966 s. 5
Dealings with
Government
leases

term whether in the whole leased land or a part of the
land, other than-
Road frontage
premium
Act No. 39 of 1966 s. 5
Dealings with
Government
leases

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

of this book may be reproduced or distributed without permission of OAG.186
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

2023]
(i) any transaction in pursuance of a contract made
before them tenth day of April, 1963; or
(ii) a re-assignment or surrender by a mortgagee to
the person entitled to the equity of redemption
or the reversion immediately expectant on the
mortgage term, as the case may be;
(iii) a sublease-
(b) for a term of five years or less, unless such sublease
contains an option whereby the sublessee can require
the tenant to grant him a further term or terms which,
together with the original term, exceed five years; or
(c) from year to year or for periods of less than a year
whether or not the lease includes an initial fixed term,
unless such initial fixed term exceeds four years; or
(d) a partition;
(e) a vesting declaration; and
(f) a deed or arrangement or declaration of trust binding
any party to make any such disposition, including
a deed or agreement entitling a party to require any
disposition to be made,
but does not include-
(i) an assent by personal representatives;
(ii) a sale by a mortgagee under any express or
statutory power, or under an order of the court;
(iii) an assignment under a foreclosure order; or
(iv) a sale in execution of a decree under an order of
the court.

r, or under an order of the court;
(iii) an assignment under a foreclosure order; or
(iv) a sale in execution of a decree under an order of
the court.

[s. 19]
22.–(1) Where the Commissioner fails to give his consent to
any disposition to which section 21 applies within six months
after it is sought, or refuses his consent, the transaction shall
become void. [s. 20]
Disposition
without consent
to be void

pplies within six months
after it is sought, or refuses his consent, the transaction shall
become void. [s. 20]
Disposition
without consent
to be void

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.187
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
23. Where development requirements are annexed under this
Act to leased land, there shall be implied in the government
lease for which such land is held covenants by the tenant with
the republic, binding the tenant-
(a) to comply with such requirements within the time (if
any) limited; and
(b) to permit the Commissioner and any person authorised
by him to enter upon the leased land at any reasonable
time and to inspect the same in order to ascertain if the
tenant is complying with such requirements. [s.

enter upon the leased land at any reasonable
time and to inspect the same in order to ascertain if the
tenant is complying with such requirements. [s.

21]
24.–(1) Where-
(a) after the expiration of a government lease; or
(b) after the prior determination of a government lease,
otherwise than on a forfeiture for failure to comply
with the covenant implied by paragraph (a) of
section 23,
a right of occupancy is granted under the Land Act over
the former leased land or any part to any person other than
the former tenant, the former tenant shall be entitled to obtain
from the grantee of the right of occupancy the value of any
unexhausted improvements existing on the land or part on the
date of such grantee’s entering into occupation.

the right of occupancy the value of any
unexhausted improvements existing on the land or part on the
date of such grantee’s entering into occupation.

(2) Where a Government lease is forfeited for failure
to comply with the covenant implied by paragraph (a) of
section 23, the Commissioner shall cause the unexhausted
improvements existing on the former leased land to be valued,
and the land shall forthwith thereafter be advertised for
disposal for a right of occupancy on the following conditions-
(a) the term of the right of occupancy shall be a term not
less than the unexpired term of the Government lease
immediately before the forfeiture;
(b) the rent for the land shall not exceed the rent currently
reserved in rights of occupancy for unimproved land of
a similar description and extent;
Development
requirements
Unexhausted
improvements
Cap. 113

ly
reserved in rights of occupancy for unimproved land of
a similar description and extent;
Development
requirements
Unexhausted
improvements
Cap. 113

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.188
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(c) the land shall be advertised for disposal at a reserved
premium equal to the assessed value of the unexhausted
improvements and tenders shall be invited for the
enhancement of the premium; and
(d) the remaining conditions of the right of occupancy
shall not be more onerous than the terms, conditions
and covenants subject to which the former leased land
was held immediately prior to its forfeiture.

all not be more onerous than the terms, conditions
and covenants subject to which the former leased land
was held immediately prior to its forfeiture.

(3) Where-
(a) tenders are received for a right of occupancy within
six months of the same being first advertised under
subsection (2), the tenders shall be published and the
Commissioner shall, on receipt of the premium from
the person to whom a right of occupancy over the land
is granted (or in the event of his default, any damages
recovered in respect of such premium), whether or
not such person tendered the highest premium, pay to
the former tenant a sum equal to the highest premium
tendered;
(b) no tenders for a right of occupancy advertised under
subsection (2) are received within six months of
the first advertisement, the provisions of subsection
(1) of this section shall apply as if the government
lease had been forfeited otherwise than for failure to
comply with the covenant implied by paragraph (a) of
section 23.

all apply as if the government
lease had been forfeited otherwise than for failure to
comply with the covenant implied by paragraph (a) of
section 23.

(4) Where a right of occupancy is granted over land which
was formerly held for a government lease otherwise than to
a person whose tender is accepted under paragraph (a) of
subsection (3) of this section, the provisions of paragraph
(b) of section 14 of the Land Act shall have effect as if such
provisions were contained in the contract for the relevant right
of occupancy and as if the reference to the previous occupier
included a reference to the former tenant. (5) A dispute as to the value of unexhausted improvements
existing on former leased land shall be settled by the Land
Tribunal on the application of a party. Cap. 113

to the value of unexhausted improvements
existing on former leased land shall be settled by the Land
Tribunal on the application of a party. Cap. 113

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.189
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(6) Subsections (1) to (4) inclusive of this section shall not
apply in any case where a Government lease which is forfeited
is vested in any other person under the provisions of section
4 of the Conveyancing and Law of Property Act, 1892, and
section 31 of this Act. [s. 22]
25.–(1) Notwithstanding the forfeiture, surrender or other
termination of a government lease, the former tenant may,
within a period of three months, enter upon the former leased
land and sever and remove any fixture which he might have
severed and removed prior to the termination of the lease.

ths, enter upon the former leased
land and sever and remove any fixture which he might have
severed and removed prior to the termination of the lease.

(2) The tenant or, where the application is made within one
month of the termination of a government lease, the former
tenant, may apply to the court for a declaration that any fixture
on the leased land shall be deemed to be a fixture of a kind
which a tenant may sever and remove, and where the court
is satisfied that the application is made in respect of a fixture
which was annexed to the land by the tenant or former tenant,
or by any predecessor in title being of kin to the tenant or
former tenant, and that the fixture possesses a special value
for the tenant or former tenant or his kin, it may declare the
same to be of a kind which a tenant may sever and remove,
and, where the application is made after the termination of
the lease, may extend the time within which the former tenant
may enter upon the former leased land and sever and remove
the same. The Commissioner shall be made a party to every
application under this subsection.

ay enter upon the former leased land and sever and remove
the same. The Commissioner shall be made a party to every
application under this subsection.

(3) Where any person severs or removes a fixture in
pursuance of a declaration under this section, he shall repair
any damage caused by such severance or removal (such repair
to include, where it is necessary to prevent any damage to any
building or other structure or to the land, the replacement
of the fixture by a new fixture of a similar nature) and, if he
does not do so, the Commissioner may make such repairs and
recover the costs from such person. [s. 23]
55 & 56
Vict. c. 13
Removal of
fixtures

, if he
does not do so, the Commissioner may make such repairs and
recover the costs from such person. [s. 23]
55 & 56
Vict. c. 13
Removal of
fixtures

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

of this book may be reproduced or distributed without permission of OAG.190
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

2023]
26.–(1) There shall be implied in every government lease a
condition that where-
(a) the tenant fails, on demand made and after any
relevant conditions precedent to be complied with by
the republic or the President have been complied with
by or on behalf of the republic, to grant or surrender
to the republic any rights reserved to the grantor in
the relevant grant of the freehold estate for which the
leased land was held immediately before the appointed
day, or where the tenant contravenes any restrictions
contained in such grant;
(b) the tenant fails to comply with or breaks the covenants
implied in the lease by section 23;
(c) the rent or any part of it remains unpaid for three
months after becoming payable (whether formally
demanded or not);
(d) where a notice requiring payment of a road frontage
premium has been served upon the tenant under the
provisions of section 20, such premium or any part of
it remains unpaid for six months after the notice has
been so served upon the tenant; or
(e) the tenant fails to pay the rates and taxes or other dues
imposed on the land within three months of the same
becoming payable, the Commissioner may, on behalf
of the Republic, by certificate under his hand, forfeit
the lease, and thereupon, subject to the provisions of
this Act, the Government lease shall determine:
Provided that the Commissioner shall not forfeit a
government lease-
(a) unless he has first served notice on the tenant specifying
the default and, if it is capable of being remedied,
requiring the tenant to remedy the same, and the tenant
fails, within a reasonable time, to remedy the default;
(b) unless he has first published in the Gazette a notice of his
intention to forfeit the lease and not less than twenty-
eight days have expired after the first publication; and
Forfeiture
Act No.

e a notice of his
intention to forfeit the lease and not less than twenty-
eight days have expired after the first publication; and
Forfeiture
Act No.

39 of 1966 s. 6

39 of 1966 s. 6

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THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(c) in any case in which application for relief under section
31 has been received by the Land Tribunal before
the expiration of such period of twenty-eight days,
until after the determination or withdrawal of such
application. (2) Subject to the provisions of this Act, the Commissioner
may include in any notice under subsection (1), a claim for
compensation for the default for which he seeks to forfeit the lease. (3) The tenant shall, with all convenient speed, inform every
person who holds the leased land or any part thereof of him for
a sublease, and every mortgagee of the government lease, of
every notice served on him under subsection (1) and every
sublessee and mortgagee shall, with all convenient speed,
inform the persons claiming immediately under them of such
information.

ection (1) and every
sublessee and mortgagee shall, with all convenient speed,
inform the persons claiming immediately under them of such
information.

(4) This section shall not be construed as precluding the
Commissioner, on behalf of the republic, from forfeiting,
subject to the proviso to subsection (1), any government lease
on any other ground authorised by any other written law. [s. 24]
(c) Subleases and Mortgages
27.–(1) There shall be implied-
(a) in every sublease to which this section applies, a
covenant by the sublessor with the sublessee, binding
the sublessor; and
(b) in every mortgage to which this section applies, a
covenant by the borrower with the mortgagee binding
the borrower,
to inform the sublessee or mortgagee, as the case may be,
not later than six months before the expiry of the relevant
government lease whether or not he proposes to apply to
the Commissioner for a renewal, and if he does not and
the sublessee or mortgagee, so requests, to apply forthwith
to the Commissioner to renew the lease to the sublessee or
mortgagee. Implied covenant
by sublessor and
mortgagor

gee, so requests, to apply forthwith
to the Commissioner to renew the lease to the sublessee or
mortgagee. Implied covenant
by sublessor and
mortgagor

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.192
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(2) This section applies-
(a) to a sublease of leased land which-
(i) on the appointed day is held directly by the tenant;
and
(ii) is the derivative lease to which subparagraph (i)
of paragraph (a) of subsection (1) of section 8 of
this Act applies, which has not determined prior
to six months before the expiration of the relevant
government lease; and
(b) to a mortgage which-
(i) on the appointed day is a mortgage of a government
lease; and
(ii) is an interest to which subparagraph (i) of
paragraph (b) of subsection (1) of section 8 of this
Act applies, which has not determined prior to
six months before the expiration of the relevant
government lease. (3) In this section, “derivative lease” and “interest” have
the meanings respectively ascribed to those expressions in
section 4. [s.

overnment lease. (3) In this section, “derivative lease” and “interest” have
the meanings respectively ascribed to those expressions in
section 4. [s.

25]
28.–(1) There shall be implied in every sublease granted
before the date on which any development requirements are
annexed to any leased land held for such sublease, a covenant
by the sublessee with the sublessor binding the sublessee to
comply with the development requirements in so far as they
affect the land held for such sublease, and any express term
or condition of any such sublease shall, after the annexure of
any development requirements to such land, have effect only
to the extent that it is not inconsistent with the development
requirements. (2) Where any sublease to which subsection (1) of this
section applies contains any covenant or condition (whether
express or implied) whereby the sublessee is required to permit
the sublessor or any other person to enter, in case of default,
Covenants in
subleases granted
before annexure
of development
requirements

d to permit
the sublessor or any other person to enter, in case of default,
Covenants in
subleases granted
before annexure
of development
requirements

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.193
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
upon the land held for such sublease in order to effect any
development or improvements prescribed in the sublease to be
effected by the sublessee or to make good any defect or breach
of covenant, such covenant or condition shall be deemed
to include the like covenant or condition in the case of any
default by the sublessee in complying with the development
requirements annexed to such land.

nclude the like covenant or condition in the case of any
default by the sublessee in complying with the development
requirements annexed to such land.

(3) Where the covenant specified in subsection (1) of
this section is, in accordance with the provisions of that
subsection, implied in any sublease which was granted before
the appointed day, and the covenants and conditions of the
sublease to be performed by the sublessee become substantially
more onerous than the terms and conditions which would
have been obtained had this Act not been passed, the sublessee
may disclaim the sublease and upon the registration of the
disclaimer under the Land Registration Act or the Registration
of Documents Act, the sublease shall be deemed to have been
surrendered:
Provided that, this section shall not entitle a mortgagee to
whom the sublease has been assigned to disclaim a sublease
unless either the equity of redemption of the mortgagor
has been foreclosed or the person entitled to the equity of
redemption consents thereto. [s.

e
unless either the equity of redemption of the mortgagor
has been foreclosed or the person entitled to the equity of
redemption consents thereto. [s.

26]
29.–(1) There shall be implied in every mortgage made before
the appointed day, which on that day becomes a mortgage
of a government lease, covenants by the borrower with the
mortgagee binding the borrower-
(a) to pay the rent for the government lease and to comply
with the terms and conditions on which the borrower
holds the land, and to keep the mortgagee effectually
indemnified against any damage or loss whatsoever in
respect of any breach; and
(b) in case of default by the borrower in complying with any
development requirement annexed to the leased land,
Cap. 334
Cap. 117
Covenants in
mortgages

in case of default by the borrower in complying with any
development requirement annexed to the leased land,
Cap. 334
Cap. 117
Covenants in
mortgages

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.194
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
to permit the mortgagee to enter upon the land and to
effect such developments and improvements as may be
necessary to ensure that the development requirements
are complied with (the mortgagee exercising his
own discretion as between alternative developments
or improvements permitted by the development
requirements), and to repay the mortgagee every sum
expended by the mortgagee on such developments
and improvements with interest at the same rate as is
payable on the principal sum secured by the mortgage,
and every sum so expended by the mortgagee and the interest
shall be a charge on the mortgaged property.

on the principal sum secured by the mortgage,
and every sum so expended by the mortgagee and the interest
shall be a charge on the mortgaged property.

(2) Where any mortgage made before the appointed day
other than a mortgage specified in subsection (1) of this
section contains any covenant or condition (whether express
or implied) whereby the borrower is required to permit the
mortgagee or any other person to enter, in case of default,
on land held for the interest mortgaged in order to repair or
make good any damage or breach of covenant, such covenant
or condition shall be deemed to include the like covenant
or condition in the case of any default by the borrower in
complying with any covenant implied in such interest by
section 28.

clude the like covenant
or condition in the case of any default by the borrower in
complying with any covenant implied in such interest by
section 28.

(3) Where, prior to the appointed day, any money was
advanced on the security of any estate of freehold without
any personal covenant for repayment, there shall on and after
that day, be implied in the transaction a personal covenant by
the borrower, with the lender, binding the borrower and his
legal personal representatives to repay such money, with the
interest(if any), then stipulated, if such security is, by reason
of the conversion or diminution in accordance with the
provisions of Part II of this Act, insufficient to discharge such
debt and interest or if the security is forfeited in accordance
with the provisions of this Part.

Part II of this Act, insufficient to discharge such
debt and interest or if the security is forfeited in accordance
with the provisions of this Part.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.195
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
30. The provisions of sections 27, 28 and 29 shall be in addition
to any other law whereby covenants are implied in leases or
mortgages and shall have effect subject to any agreement made
after the appointed day. [s.

to any other law whereby covenants are implied in leases or
mortgages and shall have effect subject to any agreement made
after the appointed day. [s.

28]
(d) Relief against Forfeiture
31.–(1) Notwithstanding that a government lease is held of
the republic, or the reversionary interest of the republic or the
President in any land held for a government lease, the Land
Tribunal may grant to the tenant or persons claiming under
him the like relief against the forfeiture of a government
lease as is available to any other lessee or the person claiming
under him respectively, and the Land Tribunal shall have
such jurisdiction in that behalf as is vested by written law and
otherwise in the High Court, and the Land Tribunal may grant
relief in accordance with any written law notwithstanding that
the Commissioner is proceeding to forfeit, or has forfeited,
the government lease for breach of an obligation, covenant,
condition or restriction to which the relevant lease or sublease
or the tenant or sublessee, is subject in accordance with
this Act.

gation, covenant,
condition or restriction to which the relevant lease or sublease
or the tenant or sublessee, is subject in accordance with
this Act.

(2) The provisions of section 211 and 212 of the Common
Law Procedure Act, 1852, of section 14 of the Conveyancing
and Law of Property Act, 1881, of section 4 of the Conveyancing
and Law of Property Act, 1892, and of section 57 of the Land
Registration Act, shall have effect in relation to the jurisdiction
conferred on the Land Tribunal by this section as if the
references to the Court having jurisdiction to grant or refuse
relief were references to the Land Tribunal and the provisions
of the general law shall have effect mutatis mutandis in relation
to such jurisdiction. (3) Notwithstanding the provisions of subsection (1) of
section 14 of the Conveyancing and Law of Property Act,
1881, or section 4 of the Conveyancing and Law of Property
Act, 1892, the Commissioner shall not be entitled to claim
Agreements
Relief
15 & 16
Vict. c. 76
Cap. 334

on 4 of the Conveyancing and Law of Property
Act, 1892, the Commissioner shall not be entitled to claim
Agreements
Relief
15 & 16
Vict. c. 76
Cap. 334

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.196
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
any compensation for any breach of a covenant to comply
with development requirements, other than the requirements
specified in section 45. (4) The conditions upon which an order may be under
section 4 of the Conveyancing and Law of Property Act, 1892,
and this section shall extend, in any case in which the Land
Tribunal thinks it just and equitable, to the payment to the
tenant by the person in whom the lease is to be vested, of the
value of the unexhausted improvements on the leased land, or
of an apportioned part of it. (5) The High Court shall have no jurisdiction to grant relief
against the forfeiture of a Government lease. [s. 29]
(e) Miscellaneous
32.

part of it. (5) The High Court shall have no jurisdiction to grant relief
against the forfeiture of a Government lease. [s. 29]
(e) Miscellaneous
32.

Subject to the provisions of this Act, the republic as landlord
of any leased land shall have and enjoy all the same rights as,
but for the passing of this Act, would have been enjoyed by
a person seized in fee simple in possession of land who had
granted a lease on the same terms and conditions as those for
which the leased land is held:
Provided that, this section shall not be construed as
derogating from the provisions of subsection (1) of section 7 of
the Republic of Tanganyika (Consequential, Transitional and
Temporary Provisions) Act. [s. 30]
33.–(1) In addition to the powers and functions expressly
conferred on him by this Act, the Commissioner may exercise
and perform on behalf of the republic all the rights, powers,
functions and obligations of the republic as landlord of, or in
relation to the interest of the republic or the President in or
over, any leased land. (2) Notwithstanding the provisions of section 3 of the
government Proceedings Act, suits and other proceedings by
or against the republic relating to any leased land or to the
The republic as
landlord
C.A. Act No. 2 of 1962
Commissioner to
exercise functions
on behalf of
republic
Cap. 5

relating to any leased land or to the
The republic as
landlord
C.A. Act No. 2 of 1962
Commissioner to
exercise functions
on behalf of
republic
Cap. 5

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.197
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
interest of the republic or the President in or over the same
shall be instituted by or against the Commissioner. (3) The provisions of subsection (1) of this section shall not
be construed as precluding the President from exercising or
performing any power, function or duty which he has power
to exercise or perform under subsection (1) of section 7 of
the Republic of Tanganyika (Consequential, Transitional and
Temporary Provisions) Act. [s. 31]
34.

ise or perform under subsection (1) of section 7 of
the Republic of Tanganyika (Consequential, Transitional and
Temporary Provisions) Act. [s. 31]
34.

Notwithstanding the provisions of any law whereby an
intended assignee of a term of years shall not be entitled to
call for the title to the freehold, the intended assignee of a
government lease (not being a lease granted under section
16) may call for the title under which the tenant or his
predecessor in title held the leased land immediately before
the appointed day:
Provided that, where the leased land is registered under the
Land Registration Act after the appointed day, the intended
assignee shall not be entitled to call for any title other than the
registered title. [s.

Land Registration Act after the appointed day, the intended
assignee shall not be entitled to call for any title other than the
registered title. [s.

32]
35.–(1) Where under the provisions of any written law
enacted or made before the date on which this Act is enacted,
the liability for any tax, rate or other imposition, or for any
charge, is imposed, chargeable, or subsists, either primarily or
in default of some other person or interest primarily liable-
(a) on the person who holds land for an estate of freehold
or against land held for an estate of freehold;
(b) on the person who receives or is entitled to receive
the rack rent of any premises or land, or who would
be entitled to receive the rack rent where the premises
or land were let a rack rent, or against such person’s
interest in the premises or land, and
C.A. Act No. 2 of 1962
Assignee of
Government lease
entitled to call for
certain title
Cap. 334
Taxes, rates and
charges
R.L. Cap. 500

es or land, and
C.A. Act No. 2 of 1962
Assignee of
Government lease
entitled to call for
certain title
Cap. 334
Taxes, rates and
charges
R.L. Cap. 500

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.198
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(c) such law shall, in respect of any period commencing,
or time, on or after the appointed day, be read and
construed in relation to leased land as if such liability
were imposed and chargeable on the person in whom
the leased land is vested for a government lease, or
subsisted against the leased land, and liability shall not
adhere to the republic, or to the land after it ceases to
be held for a government lease.

r
subsisted against the leased land, and liability shall not
adhere to the republic, or to the land after it ceases to
be held for a government lease.

(2) Where under the provisions of any written law enacted
or made before the date on which this Act is enacted, the
liability for any tax, rate or other imposition, or for any charge,
is imposed, chargeable or subsists, either primarily or in default
of some other person or interest primarily liable, on a person
who holds a head lease of or over land or against such person’s
interest in the land, such law shall, in respect of any period
commencing, or time, on or after the appointed day, be read
and construed in relation to leased land as if such liability were
imposed and chargeable on the person who holds a sublease of
the land direct of the tenant of the leased land, or the interest
of such sublessee in the leased land.

argeable on the person who holds a sublease of
the land direct of the tenant of the leased land, or the interest
of such sublessee in the leased land.

(3) Where the amount of any tax, rate or other imposition,
or of any charge, is determined by reference to a valuation of a
freehold estate in any property prepared before the appointed
day under any written law, such valuation shall not be varied
or reduced so long as it is in force under such law by reason
only of the extinguishment by this Act of the freehold estate in
the land or the conversion of the interest of the owner of the
former freehold estate into a government lease. [s. 33]
36. This Act shall not preclude the Commissioner and a tenant
not being a mortgagee from entering into a deed of variation,
altering, adding to or deleting the terms and conditions on
which a government lease is held. [s. 34]
Variation of
government
leases

eed of variation,
altering, adding to or deleting the terms and conditions on
which a government lease is held. [s. 34]
Variation of
government
leases

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.199
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
PART IV
DEVELOPMENT REQUIREMENTS
37.

ted without permission of OAG.199
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
PART IV
DEVELOPMENT REQUIREMENTS
37.

In this Part, unless the context otherwise requires-
“urban area” means-
(a) a municipality established under the Local Government
(Urban Authorities) Act;
(b) a township within the meaning of that expression in
the Local Government (District Authorities) Act; and
(c) a planning area declared as such under section 10
of the Urban Planning Act being a planning area
which includes any of the places or areas described in
paragraphs (a), or (b) or any part thereof;
“urban holding” means leased land situated within an urban
area;
“large rural holding” means leased land, not being an urban
holding, exceeding one hundred and twenty acres in area;
“small rural holding” means leased land, not being an urban
holding, of one hundred and twenty acres or less in area; and
“local government authority” means the city council,
municipal council, town council, township authority
or district council within whose area of jurisdiction the
leased land lies or, where the leased land lies within the
area of jurisdiction of two or more such authorities, means
that one of them which the Commissioner shall appoint. [s. 35]
(a) Annexure of Development Requirements
38. [Repealed by Act No. 48 of 1964 s.

, means
that one of them which the Commissioner shall appoint. [s. 35]
(a) Annexure of Development Requirements
38. [Repealed by Act No. 48 of 1964 s.

3.]
[s. 36]
39. The Minister may, on the recommendation of the local
government authority or on his own motion after consultation
with the Minister responsible for local government, declare
any urban area or any part of it to be ripe for development-
(a) as a whole forthwith; or
Interpretation of
Part IV
Act No. 48 of 1964 s. 2
Cap. 288
Cap. 287
Cap. 355
Repealed
Urban holdings
Act No. 48 of 1964 s. 4

as a whole forthwith; or
Interpretation of
Part IV
Act No. 48 of 1964 s. 2
Cap. 288
Cap. 287
Cap. 355
Repealed
Urban holdings
Act No. 48 of 1964 s. 4

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.200
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(b) on specified dates in accordance with a programme of
development for such urban area or part of it as may be
specified in the declaration,
and where any such declaration is made, the Commissioner
may annex such development requirements to any urban
holding situated in the urban area or that part of the urban
area to which the declaration relates, as the case may be, as,
having regard to the requirements of town planning, he would
have included as development conditions in a grant, made on
the date of annexure, of a right of occupancy over the same
land for the unexpired term of the Government lease. [s.

nt conditions in a grant, made on
the date of annexure, of a right of occupancy over the same
land for the unexpired term of the Government lease. [s.

37]
40.–(1) Where the Minister is satisfied that any large rural
holding is capable of development and that further development
would be in accordance with good estate management (having
regard to the character and situation of the holding and other
relevant circumstances), he may declare the holding as ripe for
development and thereupon the Commissioner may annex
development requirements to the holding. (2) The development requirements which may be annexed
to a holding under this section are such of the development
conditions as are prescribed for rights of occupancy by
regulations made under the Land Act, or such other
requirements as the Commissioner would have included in a
grant, made on the date of annexure of a right of occupancy
over the same land for the unexpired term of the government
lease. (3) In this section, “relevant circumstances” include all
circumstances affecting the management or development
of the holding other than the personal circumstances of the
tenant or any occupier. [s. 38]
Large rural
holdings
Cap. 113

he management or development
of the holding other than the personal circumstances of the
tenant or any occupier. [s. 38]
Large rural
holdings
Cap. 113

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.201
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
41. Where the local government authority-
(a) presents to the Minister that the appropriate
development of any small rural holding is development
as, or as part of, a building scheme;
(b) produces to the Minister a plan of the building scheme
laid out in building plots; and
(c) satisfies the Minister that, the demand for buildings
within the area of the scheme is such as to require the
development of the holding as, or as part of, the scheme,
the Minister may declare such holding as ripe for development
as, or as part of, a building scheme, and the Commissioner
may annex such development requirements to the holding as
he would have included as development conditions in a grant,
made on the date of annexure, of a right of occupancy over
the same land for the unexpired term of the government lease
for the purposes of development as, or as part of, a building
scheme of a similar nature. [s.

same land for the unexpired term of the government lease
for the purposes of development as, or as part of, a building
scheme of a similar nature. [s.

39]
42.–(1) Where, on the recommendation of the local government
authority or of his own motion, the Minister is satisfied that
any small rural holding is, having regard to all the relevant
circumstances including comparison with the development
of neighbouring land of a like character, under- developed,
and that further development would be in accordance with
good estate management (having regard to the character and
situation of the holding and other relevant circumstances),
he may declare such holding as ripe for development, and the
Commissioner may annex such development requirements
to the holding as he would have included as development
conditions in a grant, made on the date of annexure, of a right
of occupancy over the same land for the unexpired term of the
Government lease. (2) In this section, “relevant circumstances” has the meaning
ascribed to that expression in section 40. [s. 40]
Small rural
holdings: building
development
Small rural
holdings: other
development

has the meaning
ascribed to that expression in section 40. [s. 40]
Small rural
holdings: building
development
Small rural
holdings: other
development

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.202
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
43. Where-
(a) the Commissioner makes a grant of a Government lease
under paragraph (c) of subsection (1) of section 16; or
(b) an application is made to the Commissioner for his
consent to a disposition of any leased land to which
development conditions have not been annexed,
the Commissioner may, as a condition of making such grant
or giving such consent, annex such development requirements
to the leased land as he would have included as development
conditions in a grant, made on the date of annexure, of a right
of occupancy over the same land for the term, the unexpired
term of the Government lease. [s. 41]
44.

grant, made on the date of annexure, of a right
of occupancy over the same land for the term, the unexpired
term of the Government lease. [s. 41]
44.

Where, on an application made for an order under
sections 47 and 48 or for a compulsory purchase order, the
Commissioner is of the opinion that alternative development
requirements of a kind appropriate to the leased land, and
which he is authorised by the provisions of this Part to annex,
would provide for the development of such land to a like extent
as those already annexed to the land, and that such alternative
development requirements are consistent with the continued
existence of the interests sought to be modified, extinguished
or compulsorily acquired, he may-
(a) instead of making such order; or
(b) in the case of any easement, right of way or covenant, in
addition to making an order for the modification,
revoke the existing development requirements and annex
such alternative development requirements to the leased land. [s.

n order for the modification,
revoke the existing development requirements and annex
such alternative development requirements to the leased land. [s.

42]
45.–(1) Where the Commissioner annexes any development
conditions to any leased land under the provisions of this Part,
he may, in addition, annex further requirements to the leased
land-
(a) in the case of development requirements whereby
the tenant is required to erect any building or other
Annexure
on grant or
assignment
Annexure on
applications
under sections
47 and 48
Continuing
requirements

t is required to erect any building or other
Annexure
on grant or
assignment
Annexure on
applications
under sections
47 and 48
Continuing
requirements

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.203
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
structure, to keep and maintain such building or
structure in good and substantial repair and condition
during the remainder of the Government lease and any
renewal and, in the event of the destruction thereof, to
replace the same with a like building or structure of the
same value; and
(b) in the case of farm or plantation land, to keep and
maintain the land in good conditions, to keep the land
cultivated, planted or stocked in accordance with the
development requirements, and to farm the leased
land in accordance with the rules of good husbandry
practiced in the neighbourhood.

cordance with the
development requirements, and to farm the leased
land in accordance with the rules of good husbandry
practiced in the neighbourhood.

(2) Where the Commissioner renews a lease or makes a
grant under section 16, or consents to a disposition of leased
land, and in either case development requirements have not
been annexed to the leased land, he may annex requirements
to the leased land-
(a) where the development of the leased land consists
of buildings or structures to keep and maintain
such buildings or structures in good and substantial
repair and condition during the remainder of the
Government lease and any renewal and, in the event of
the destruction, to replace the same with like buildings
or structures of the same value; and
(b) in the case of farm or plantation land, to keep and
maintain the land in good condition, to keep the land
cultivated, planted or stocked, and to farm the same in
accordance with the rules of good husbandry practised
in the neighbourhood. (3) Every requirement annexed to leased land under this
section shall be deemed to be a development requirement
within the meaning of that expression in this Act. [s. 43]

t annexed to leased land under this
section shall be deemed to be a development requirement
within the meaning of that expression in this Act. [s. 43]

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.204
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
46.–(1) Where the Commissioner annexes any development
requirements to any leased land, he shall cause the prescribed
notice to be served on the tenant and on the Registrar. (2) Where notice is served on the Registrar of Titles under
this section, he shall mark the register in the prescribed
manner. (3) The annexure of development requirements shall have
effect on such date as may be specified in the notice, which,
except in the case of requirements annexed under section 44
or 45, shall not be less than thirty days after the date of service
on the tenant:
Provided that, where a declaration is made under section
39, that an area is ripe for development in parts, the annexure
of development requirements shall not have effect before the
date specified in such declaration as the date on which that part
of the area in which the holding to which the requirements are
annexed, or any part of it, is situated is ripe for development.

ate on which that part
of the area in which the holding to which the requirements are
annexed, or any part of it, is situated is ripe for development.

(4) Proceedings may not be instituted by the tenant or any
person claiming under him for the forfeiture of a sublease for
failure to comply with the covenant implied in such sublease
by subsection (1) of section 28, or to permit the tenant or any
other person to enter upon the land held for such lease for the
purposes described in subsection (2) of section 28, unless a
copy of the relevant notice under this section has been served
on the sublessee in sufficient time to enable him to comply. [s. 44]
(b) Modification and Extinguishment of Easements, etc., and
Covenants, and Acquisition of Certain Subleases and Profits
47.–(1) Where, at the time at which development requirements
are annexed to any leased land, the land is subject to any
easement or right of way or to the burden of any covenant
touching or concerning the land, the tenant may apply to the
Commissioner for an order for modification or extinguishment,
and where the Commissioner is satisfied-
Notice of
annexure of
development
requirements
Act No. 48 of 1964 s. 6
Easements, etc.,
and covenants

shment,
and where the Commissioner is satisfied-
Notice of
annexure of
development
requirements
Act No. 48 of 1964 s. 6
Easements, etc.,
and covenants

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.205
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

of this book may be reproduced or distributed without permission of OAG.205
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

2023]
(a) that the proper and effective development of the leased
land in accordance with the development requirements
necessitates the modification or extinguishment of
such easement, way or covenant; and
(b) in any case in which any person entitled to make
representations against the order requests the
Commissioner to annex alternative requirements, that
any alternative development requirements-
(i) of a kind appropriate to the leased land and which
he is authorised by this Act to annex; and
(ii) consistent with the continued existence, or as
the case may be, unmodified continuance of the
relevant easement, way or covenant,
would not provide for the development of the land to the same
extent as those annexed to the land, he may, subject to the
provisions of this section, make an order for the modification
or extinguishment of the easement, way or covenant:
Provided that, the Commissioner shall not make an order for
the extinguishment of an easement of way granted or acquired
before the appointed day in any case where such easement is
the sole means of access to the dominant tenement.

an easement of way granted or acquired
before the appointed day in any case where such easement is
the sole means of access to the dominant tenement.

(2) The tenant shall serve notice in the prescribed form
of the application on the person entitled to the benefit of the
easement, way or covenant, or, in the case of a public right of
way, on the local government authority. (3) Before making an order under this section, the
Commissioner shall give the person entitled to the benefit
of the easement, way or covenant, an opportunity of making
representations in writing or, if such person so requires, in
person or by his agent. (4) Where an application is made for an order to modify
or extinguish any public way under this section, the
Commissioner shall give notice of such proposal (at the cost
of the applicant) in two consecutive editions of the Gazette
prescribing the date (not being less than thirty days after the
first publication of such notice) before which representations

editions of the Gazette
prescribing the date (not being less than thirty days after the
first publication of such notice) before which representations

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.206
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
in writing or requests for an oral hearing shall be made; and
where such notice is so published, proceedings shall not lie by
or on behalf of any person claiming to impugn the modification
or extinguishment of such public way on the grounds that he
was not afforded an opportunity to make representations in
accordance with the provisions of subsection (3) unless such
person has made a request for an oral hearing within the period
prescribed in the notice and the Commissioner has refused or
neglected to grant the same.

son has made a request for an oral hearing within the period
prescribed in the notice and the Commissioner has refused or
neglected to grant the same.

(5) Where the Commissioner makes an order under this
section-
(a) he shall serve a copy thereof on the tenant and the
person entitled to the benefit of the easement, way or
covenant, as the case may be (or in the case of a public
way, on the local government authority); and
(b) he shall serve a copy on the Registrar, and the Registrar
shall register the same and, in the case of registered
land, make such entry in the land register as the
circumstances of the case require. (6) Every order made under this section shall come
into effect on such date, not being less than sixty days after
the service of a copy of the order on the person entitled to
the benefit of the easement, way or covenant or, the local
government authority, as may be specified in the order. [s.

order on the person entitled to
the benefit of the easement, way or covenant or, the local
government authority, as may be specified in the order. [s.

45]
48.–(1) Where, at the time at which development requirements
are annexed to any leased land-
(a) any part or parts of the land are subleased so that the
land is subdivided, and the subdivisions are severally
held by two or more sublessees or by the tenant and
one or more sublessees; or
(b) a person is entitled to a profit in the land,
the tenant may apply to the Commissioner for an order for
the compulsory acquisition of such subleases or one or more
of them, or of the profit, as the case may be. Compulsory
acquisition of
subleases of parts
of leased land,
and profits

such subleases or one or more
of them, or of the profit, as the case may be. Compulsory
acquisition of
subleases of parts
of leased land,
and profits

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.207
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

of this book may be reproduced or distributed without permission of OAG.207
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

2023]
(2) Where, on an application made under this section, the
Commissioner is satisfied-
(a) that the proper and effective development of the leased
land in accordance with the development requirements
cannot be effected, or will be substantially impeded,
on account of such subdivision of the land or the
enjoyment of the profit; and
(b) in any case in which any person entitled to make
representations against the order requests the
Commissioner to annex alternative requirements, that
any alternative development requirements-
(i) of a kind appropriate to the leased land and which
he is authorised by this Act to annex; and
(ii) consistent with the continued existence of the
relevant sublease or profit, would not provide for
the development of the land to the same extent as
those annexed to the land,
he may, subject to the provisions of this section, make a
compulsory purchase order for the acquisition of the subleases
or any one or more of them, or of the profit, as the case may be.

this section, make a
compulsory purchase order for the acquisition of the subleases
or any one or more of them, or of the profit, as the case may be.

(3) The tenant shall serve notice in the prescribed form of
the application-
(a) on every sublessee or person entitled whose sublease or
profit he seeks to acquire compulsorily; and
(b) on every person having a registered interest under
such sublessee or person entitled or whom he knows
is eligible, in accordance with the provisions of the
Second Schedule, to claim a share in compensation
paid on such compulsory acquisition. (4) The Commissioner shall not make an order under this
section unless-
(a) he has given an opportunity to make representations in
writing or, if such person so requires, in person or by his
agent, to the sublessee or person entitled whose sublease
or profit is sought to be acquired compulsorily and to
every other person who notifies the Commissioner

he sublessee or person entitled whose sublease
or profit is sought to be acquired compulsorily and to
every other person who notifies the Commissioner

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.208
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
under head (a) of the Second Schedule that he wishes
to make representations; and
(b) he has compiled a compensation list in accordance
with the provisions of the Second Schedule. (5) Where the Commissioner makes a compulsory purchase
order, he shall-
(a) serve a copy on the tenant, on the sublessee or person
entitled to a profit, whose sublease or profit is to be
compulsorily acquired, and on every other person
whose name appears in the compensation list as a
claimant to a share in compensation;
(b) serve a copy on the Registrar; and
(c) give notice in the Gazette of the making of the order.

ation list as a
claimant to a share in compensation;
(b) serve a copy on the Registrar; and
(c) give notice in the Gazette of the making of the order.

(6) A compulsory purchase order shall come into effect on
such date, not being less than sixty days after the publication
of notice in the Gazette, as may be specified in the order, and
on such date-
(a) every sublease specified in such order shall be deemed
to have been surrendered to the tenant and all interests
of the sublessee and of any person claiming under him
shall be determined; and
(b) every profit specified in such order shall be deemed to
have been released to the tenant and all interests of the
person entitled and of any person claiming under him
shall be determined:
Provided that, the Commissioner may except, on such terms as
he thinks fit and with or without modification, any easement,
right of way or covenant touching or concerning the land from
determination under this section. [s. 46]
49.–(1) Where a compulsory purchase order is made, the
tenant shall pay compensation to the Commissioner for
every sublease or profit, acquired compulsorily. All such
compensation shall be a debt due to the Commissioner, with
interest at the rate of six per centum per annum or such other
rate as may be prescribed, and shall be paid in accordance
Compensation
for compulsory
acquisition

the rate of six per centum per annum or such other
rate as may be prescribed, and shall be paid in accordance
Compensation
for compulsory
acquisition

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.209
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
with the terms of a compensation scheme made under the
provisions of the Second Schedule. (2) Subject to the provisions of section 50, on the registration
of a copy of the compulsory purchase order under that section,
the leased land shall stand charged with the payment of such
compensation and interest from the date on which the order
takes effect, and the Commissioner and any assignee of the
Commissioner under this section shall have all the powers and
remedies in case of default and be subject to all the obligations
that would be conferred or implied in a mortgage by deed by
way of subdemise of the leased land. (3) The Commissioner shall hold all moneys received from
the tenant as compensation or interest on trust to apply the
same in accordance with the provisions of the compensation
scheme.

l moneys received from
the tenant as compensation or interest on trust to apply the
same in accordance with the provisions of the compensation
scheme.

(4) The Commissioner may, instead of himself proceeding
to recover any sums due on the tenant’s default in making
payment in accordance with the provisions of the compensation
scheme, or to enforce the charge, and upon such terms as to
security or providing that any money received be paid into
Court, as he thinks fit, assign the right to recover the debt or
any instalment, or to enforce the charge, to any person entitled
to or to a share in the compensation, who shall be entitled
to sue in his own name and to recover as trustee for all such
persons. (5) Every assignment under subsection (4) shall be under
the hand and seal of the Commissioner. [s. 47]
50.–(1) On the receipt of a copy of an order served on him
in accordance with the provisions of subsection (5) of section
48, the Registrar shall register the same and, in the case of
registered land and notwithstanding any law to the contrary,
shall make such entry in the land register relating to the
surrender, release or other determination of an interest, and
to the charge created by subsection (2) of section 49, as the
circumstances of the case require. Charge for
compensation

rmination of an interest, and
to the charge created by subsection (2) of section 49, as the
circumstances of the case require. Charge for
compensation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.210
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(2) When the Commissioner certifies under his hand and
seal that compensation and interest due under a compensation
scheme has been paid, the Registrar shall endorse a
memorandum of satisfaction on the copy of the order served
on him under subsection (5) of section 48 and, in the case of
registered land, enter the same in the land register. (3) The charge created by subsection (2) of section 49 shall
have priority according to the subleases or profits to which it
relates, and the priority of the charge in respect of each such
interest shall be determined by the date of the creation:
Provided that, if, had such interests not been determined
under section 48, any such interest would have been postponed
to any other interest in the leased land, the charge in respect
of such first mentioned interest shall be postponed to such
second mentioned interest. [s. 48]
PART V
THE LAND TRIBUNAL
51.–(1) There shall be a Land Tribunal for the purposes of this
Act.

be postponed to such
second mentioned interest. [s. 48]
PART V
THE LAND TRIBUNAL
51.–(1) There shall be a Land Tribunal for the purposes of this
Act.

(2) The provisions of the Third Schedule to this Act shall
have effect as to the constitution and proceedings of, and
otherwise in relation to, the Land Tribunal. [s. 49]
52.–(1) The former tenant may appeal to the Land Tribunal
against the advertised rent and conditions (other than the term
or the reserved premium) on which land is to be disposed of
for a right of occupancy under the provisions of subsection (2)
of section 24 on the grounds that the rent is excessive or the
conditions are more onerous than the terms, conditions and
covenants subject to which the former leased land was held
immediately prior to its forfeiture. Land Tribunal
Appeals to
Tribunal

erms, conditions and
covenants subject to which the former leased land was held
immediately prior to its forfeiture. Land Tribunal
Appeals to
Tribunal

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.211
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

of this book may be reproduced or distributed without permission of OAG.211
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E.

2023]
(2) The tenant, or any sublessee who holds land or any part
to which development requirements have been annexed, may
appeal to the Land Tribunal against-
(a) the annexure of development requirements on the
ground that the leased land has been developed prior
to the annexure of the development requirements
and the value or extent of the development equals or
exceeds the value or extent of development that would
have been required had a right of occupancy subject to
development conditions been granted over the land at
the time the development was commenced, or five years
before the annexure of the development requirements,
whichever is the later, and the development is kept
and maintained in good and substantial repair and
condition and, in the case of agricultural land, the land
is kept and maintained in good condition; or
(b) against any particular development requirement or
requirements so annexed (other than the requirements
specified in section 45) on the grounds that-
(i) it is not such as would have been included in a
grant, made at the date of annexure, of a right of
occupancy over the same land for the unexpired
term of the government lease; or
(ii) it fails to take into account any existing
development of the leased land, or is otherwise
unreasonable or inappropriate.

he government lease; or
(ii) it fails to take into account any existing
development of the leased land, or is otherwise
unreasonable or inappropriate.

(3) Any person entitled to any easement, way or covenant
which is modified or extinguished under section 47 may
appeal to the Land Tribunal against the modification or
extinguishment, and any person entitled to any sublease or
profit in respect of which a compulsory purchase order is
made, or to any interest which will determine on such an order
taking effect, may appeal to the Land Tribunal against such
order, on the grounds that-
(a) the continued or unmodified existence of the relevant
interest will not prevent or impede the development of

inst such
order, on the grounds that-
(a) the continued or unmodified existence of the relevant
interest will not prevent or impede the development of

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.212
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
the leased land in accordance with the development
requirements; or
(b) there are alternative development requirements
appropriate to the leased land and which the
Commissioner is authorised to annex in accordance
with the provisions of Part IV of this Act, which will
permit of the continued or unmodified existence of the
relevant interest. [s. 50]
53.

ccordance
with the provisions of Part IV of this Act, which will
permit of the continued or unmodified existence of the
relevant interest. [s. 50]
53.

On an appeal under this Part, the Land Tribunal may give
directions for-
(a) the variation of the rent and the variation or deletion
of any condition (not being a condition prescribing the
term or reserved premium) on which land is advertised
for disposal under the provisions of subsection (2) of
section 24;
(b) the revocation of the annexure of development
requirements;
(c) the variation or deletion of any particular development
requirement or requirements (other than a requirement
specified in section 45); and with the consent of the
Commissioner, the substitution of a new development
requirement or requirements;
(d) the variation or revocation of any order modifying or
extinguishing any easement, way or covenant or for the
compulsory acquisition of any sublease or profit and,
with the consent of the Commissioner, the substitution
of a new order modifying, extinguishing or acquiring
the same; or
(e) the postponement of any development requirement or
any order. [s.

e substitution
of a new order modifying, extinguishing or acquiring
the same; or
(e) the postponement of any development requirement or
any order. [s.

51]
54.–(1) An appeal shall not lie to any court or other authority
from any decision or act of the Commissioner under any of
the provisions of this Act if an application or appeal lies to the
Powers of
Tribunal on
appeals under
section 52
Decisions of
Tribunal to be
final, and duties
of Commissioner

t if an application or appeal lies to the
Powers of
Tribunal on
appeals under
section 52
Decisions of
Tribunal to be
final, and duties
of Commissioner

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.213
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
Land Tribunal, and the decisions or acts of the Commissioner
under subsection (2) of section 24, or under Part IV of this
Act, shall not be subject to review in any court if the issue to be
determined on such review is such as may be determined on
an appeal to the Land Tribunal. (2) The decision of the Land Tribunal on any application or
appeal under this Act shall be final. (3) The Commissioner shall give effect to every order or
direction of the Land Tribunal given under this Act.

or
appeal under this Act shall be final. (3) The Commissioner shall give effect to every order or
direction of the Land Tribunal given under this Act.

(4) In the case of directions to vary, delete or substitute
any development requirement, or to vary or substitute any
order under section 47 or any compulsory purchase order, the
Commissioner shall give notice of the variation, deletion or
substitution and serve the same on the same persons and in
the same manner as he is required by this Act to give or serve
notice of the annexure of development requirements or the
making of any such order, and the requirements or order, as
so varied, or the substituted requirement or order, shall have
effect upon the date of service on the tenant, or on such other
date as may be specified. (5) Upon the delivery of any notice under subsection (4)
to the Registrar, he shall register the same and, in the case of
any registered land, make such entry in the land register as the
circumstances of the case require. [s.

he shall register the same and, in the case of
any registered land, make such entry in the land register as the
circumstances of the case require. [s.

52]
PART VI
MISCELLANEOUS PROVISIONS
(a) General and Administrative
55.–(1) A person authorised in that behalf by the Minister
responsible for Agriculture shall have power to enter and
inspect at all reasonable times any large or small rural holding
(other than any part occupied exclusively as a dwelling
house) in order to make a survey of the existing development,
potentiality or cost of further development. Rights of entry,
and power to call
for information

in order to make a survey of the existing development,
potentiality or cost of further development. Rights of entry,
and power to call
for information

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.214
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(2) A person authorised in that behalf by the Commissioner
shall have power to enter and inspect at all reasonable times
any leased land (other than any part occupied exclusively as a
dwelling house) for the purposes of ascertaining the existing
development, potentiality and cost of further development
prior to annexing development requirements to such land. (3) A person authorised to enter or inspect land under this
section shall be furnished with a written authorisation signed
by or on behalf of the Minister or the Commissioner, as the
case may be, and, if so required by any person having any
interest in any leased land which he enters or inspects, shall
produce the same to such person.

e may be, and, if so required by any person having any
interest in any leased land which he enters or inspects, shall
produce the same to such person.

(4) The Commissioner may require any person whom he
believes to be in possession of any land held immediately
before the appointed day for an estate of freehold or to be
entitled to any interest, to inform him in writing within such
time (not being less than seven days after the requirement) as
he may specify, of the extent of his estate or interest in the land,
the size of his holding, the name of the person of whom he
holds such estate or interest and such other matters relating to
the estates and interests in the land and the devolution as may
be prescribed. (5) A person who-
(a) wilfully obstructs or delays any person authorised to
enter or inspect land under this section in the lawful
exercise of the power in that behalf; or
(b) refuses or wilfully neglects to inform the Commissioner
within the specified time of such matters as may be
required of him under this section, or knowingly gives
the Commissioner information of such matters which
is false in any material particular,
commits an offence and on conviction is liable to a fine not
exceeding one thousand shillings.

such matters which
is false in any material particular,
commits an offence and on conviction is liable to a fine not
exceeding one thousand shillings.

(6) In this section, “large rural holding” and “small rural
holding” have the meanings respectively ascribed to those
expressions in section 37. [s. 53]

) In this section, “large rural holding” and “small rural
holding” have the meanings respectively ascribed to those
expressions in section 37. [s. 53]

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.215
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
56.–(1) A direction, notice or copy of an order required to
be served on any person under this Act shall be sufficiently
served-
(a) where it is addressed to and left for him at his last
known place of abode or business;
(b) where it is sent by prepaid registered post, addressed to
him at his last known place of abode or business and is
not returned through the post office undelivered; or
(c) in the case of a notice or copy of an order required to
be served on a tenant, mortgagor or sublessee of leased
land, if it is addressed to him and affixed in a prominent
manner on the leased land. (2) A notice or copy of an order required to be served
under this Act on any tenant, mortgagor or sublessee shall be
sufficiently addressed although only addressed to him by such
designation.

to be served
under this Act on any tenant, mortgagor or sublessee shall be
sufficiently addressed although only addressed to him by such
designation.

(3) A notice or copy of an order served in accordance with
the provisions of paragraph (b) of subsection (1) shall be
deemed to have been served at the time at which the registered
letter would be delivered in the ordinary course of post. (4) This section shall not apply to notices or copies of orders
served in proceedings in the court or before the Land Tribunal. [s. 54]
57. Every notice served in accordance with the provisions
of section 46 or 54, and every copy of an order served in
accordance with the provisions of sections 49, 50 or 56
shall be authenticated by the seal of the Commissioner and
the signature of the Commissioner or of some other person
authorised to affix the seal of the Commissioner, and shall not
be valid unless so authenticated. [s. 55]
58. The Commissioner may, by notice in the Gazette-
(a) delegate to any person holding office in the service
of the republic, any of his functions, powers or duties
Service of notices,
etc. Authentication
of certain notices
and copies of
orders
Delegation of
Commissioner’s
powers

of his functions, powers or duties
Service of notices,
etc. Authentication
of certain notices
and copies of
orders
Delegation of
Commissioner’s
powers

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.216
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
under this Act, including the functions, powers and
duties conferred on him by section 33; or
(b) authorise any such person to affix the seal of the
Commissioner. [s. 56]
59.–(1) A disclaimer and surrender under section 28 shall be
exempt from-
(a) any surrender fine payable under the relevant sublease;
(b) any registration fee payable under the Registration of
Documents Act or the Land Registration Act;
(c) stamp duty. (2) The-
(a) modification or extinguishment of any interest under
section 47;
(b) compulsory acquisition of any sublease or profit under
section 48;
(c) creation or satisfaction of any charge under section 49
or 50; or
(d) delivery or entry of any notice under section 54, shall
be exempt from-
(i) any registration fee payable under the Registration
of Documents Act or the Land Registration Act;
and
(ii) stamp duty.

54, shall
be exempt from-
(i) any registration fee payable under the Registration
of Documents Act or the Land Registration Act;
and
(ii) stamp duty.

(3) The issue of a certificate of title to leased land for a
Government lease in substitution for a certificate of title to
such land for an estate of freehold, if made to the registered
owner of the freehold estate shall be exempt from any issue or
registration fee under the Land Registration Act. [s. 57]
60.–(1) The Chief Justice may make rules of court regulating
the procedure to be followed and the fees to be paid in
proceedings in the court under this Act. Exemption from
certain duties and
fees
Cap. 117
Cap. 334
Cap. 117
Cap. 334
Cap. 334
Rules

fees to be paid in
proceedings in the court under this Act. Exemption from
certain duties and
fees
Cap. 117
Cap. 334
Cap. 117
Cap. 334
Cap. 334
Rules

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.217
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(2) Subject to the provisions of subsection (1), the Minister
may make rules prescribing anything to be prescribed under
this Act, and, with the consent of the Minister for justice,
for applications and appeals to, and for the procedure to be
followed and the fees to be paid in proceedings before, the
Land Tribunal. [s. 58]
(b) Amendment of Land Register
61.–(1) The Registrar of Titles may, at any time after the
appointed day, and shall when so directed by the Minister
or any person having any interest in leased land which is
registered land, make such amendments to the relevant folio of
the land register as the provisions of Part II of this Act require. (2) Where the Registrar makes an amendment to the land
register under this section, he shall give notice to all persons
having registered interests which are thereby affected, and the
provisions of Part XVI of the Land Registration Act shall apply
as if the amendment had been made under that Act.

which are thereby affected, and the
provisions of Part XVI of the Land Registration Act shall apply
as if the amendment had been made under that Act.

(3) Before issuing a certificate of title to an interest inscribed
in the land register after such amendment in substitution
for any certificate previously issued in respect of the former
corresponding interest, the Registrar shall call upon the
person entitled to surrender such previous certificate, and the
Registrar shall not issue a new certificate unless the previous
certificate is surrendered or the person entitled to such interest
gives the Registrar such security for the failure to surrender
the same as the Registrar may reasonably require. [s. 59]
(c) Amendment and Construction of Laws, and Saving
62. On and after the appointed day, no grant of land may be
made for an estate of freehold or for any absolute or perpetual
interest. [s. 60]
Amendment of
land register
Cap. 334
No new grants of
freehold

may be
made for an estate of freehold or for any absolute or perpetual
interest. [s. 60]
Amendment of
land register
Cap. 334
No new grants of
freehold

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.218
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
63. Subject to any order made under section 64, any reference
in any Act or Act enacted before the passing of this Act to
freehold land shall be construed in relation to any period
commencing, or any time, on or after the appointed day, as
including a reference to leased land. [s. 61]
64. [Omitted.]
[s. 62]
65. [Omitted.]
[s.

iod
commencing, or any time, on or after the appointed day, as
including a reference to leased land. [s. 61]
64. [Omitted.]
[s. 62]
65. [Omitted.]
[s.

63]
66.–(1) This Act shall not, unless the Minister otherwise
directs in any particular case, operate to extinguish, determine
or diminish, or authorise any person to extinguish, modify or
acquire compulsorily-
(a) any road of access granted under the Highways
Ordinance;
(b) any way leave to which a statutory undertaker is entitled
under a law authorising the undertaking;
(c) any mining right or mineral oil right within the
meanings respectively ascribed to those expressions in
section 11 of the Mining Ordinance;
(d) any existing right or water right (within the meanings
respectively attached to those expressions in the Water
Ordinance) declared appurtenant to land under section
17 of that Ordinance, or an easement made appurtenant
to land under section 28 of that Ordinance; and
(e) any right, title or interest in or over land vested in the
republic or the President by any Ordinance or Act.

er section 28 of that Ordinance; and
(e) any right, title or interest in or over land vested in the
republic or the President by any Ordinance or Act.

(2) In subsection (1), “statutory undertaker” means a licensee
under the Electricity Ordinance, a Water Authority under the
Waterworks Ordinance, an Authority under the Public Health
(Sewerage and Drainage) Ordinance, and a city municipal,
town or district council or township or minor settlement
authority in relation to its health or sanitary services. [s. 64]
General
amendment
Omitted
Omitted
Exemption
Ord. No. 4 of 1930
Ord. No. 15 of 1929
Ord. No. 3 of 1959
Ords. Nos. 32 of 1931
50 of 1949
42 of 1950

64]
General
amendment
Omitted
Omitted
Exemption
Ord. No. 4 of 1930
Ord. No. 15 of 1929
Ord. No. 3 of 1959
Ords. Nos. 32 of 1931
50 of 1949
42 of 1950

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.219
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
FIRST SCHEDULE
(Made under section 17)
RENTS
1. In this Schedule-
“municipality” has the meaning ascribed to that expression in the
Urban Authorities (Rating) Act;
“road” means any road or street, square, court, alley or passage, bridge,
lane, footpath, bridle-path or drift-way, and includes lands reserved,
but does not include a highway as defined in the Highways Act or a
sanitary lane or any land reserved for a highway or a sanitary lane;
“road work” means any of the works specified in subparagraph (a) of
paragraph 6 of this Schedule and includes construction of a new road;
“urban holding”, “local government authority”, “large rural holding”
and “small rural holding” have the meanings respectively ascribed to
those expressions in section 37. 2.

government authority”, “large rural holding”
and “small rural holding” have the meanings respectively ascribed to
those expressions in section 37. 2.

The rent for an urban holding-
(a) wholly situated within a municipality in which a valuation
roll is in force for the purposes of the Urban Authorities
(Rating) Act, is one-thousandth part to the nearest shilling
of the rateable value of the holding in the valuation roll for
the time being in force;
(b) no part of which is situated within a municipality in which a
valuation roll is in force, which is Shs. 20/=;
(c) partly situated within a municipality in which a valuation roll
is in force as and partly situated outside such municipality,
is one-thousandth part to the nearest shilling of the
rateable value of that part of the holding which appears in
the valuation roll for the time being in force, or Shs. 20/=,
whichever is the greater. PART I
RENTS
3. Subject to the provisions of paragraph 5, the rent for a small rural
holding is Shs. 20/=. 4. Subject to the provisions of paragraph 5, the rent for a large rural
holding-
(a) not exceeding 999 acres is Shs. 20/=;
(b) exceeding 999 acres but not exceeding 1,999 acres is Shs. 40/=;
(c) exceeding 1,999 acres but not exceeding 2,999 acres is Shs. 60/=;
Act No. 39 of 1966 s. 7
Cap. 289
Cap. 167
Cap. 289
Acts Nos. 39 of 1966 s.

40/=;
(c) exceeding 1,999 acres but not exceeding 2,999 acres is Shs. 60/=;
Act No. 39 of 1966 s. 7
Cap. 289
Cap. 167
Cap. 289
Acts Nos. 39 of 1966 s.

7
4 of 1970 s. 7

7
4 of 1970 s. 7

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.220
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(d) exceeding 2,999 acres but not exceeding 3,999 acres is Shs. 80/=;
(e) exceeding 3,999 acres but not exceeding 4,999 acres is Shs. 100/=;
(f) exceeding 4,999 acres is Shs. 120/=. 5. Where any small rural holding or large rural holding is either wholly
or in part situated in any municipality, the provisions of subparagraph
(a) or (c) of paragraph 2, as the case may be, shall apply mutatis mutandis
for the ascertainment of the rent:
Provided that, if subparagraph (c) applies, there shall be substituted
for the sum “Shs. 20/=” therein, the words and figures “the rent assessed
in accordance with the provision of paragraph 3 or 4, as the case may be”. PART II
ROAD FRONTAGE PREMIA
6.

n, the words and figures “the rent assessed
in accordance with the provision of paragraph 3 or 4, as the case may be”. PART II
ROAD FRONTAGE PREMIA
6.

Where-
(a) the Government or a local government authority has
constructed a road in any urban area or has caused to be
executed in such area any or all of the following works that is
to say, to sewer, level, pave, metal, flag, channel or make good
such road or part of such road; or
(b) the Government or a local government authority has
prepared or approved a scheme for the construction of a road
or execution of any road work in any urban area,
the Commissioner may, after ascertaining the cost or the estimated
cost, as the case may be, of construction of such road or execution
of such road work from the Government department or the local
government authority concerned, apportion such cost or estimated
cost on the lands, whether such lands are leased lands or lands held
under rights of occupancy granted under the Land Act or lands held
under any arrangement entered into between the occupier and the
Government, which front, adjoin or abut on such road or part thereof,
or which, although they do not front, adjoin or abut on such road
or part thereof, in the opinion of the Commissioner, are or will be
benefitted by the road. 7.

although they do not front, adjoin or abut on such road
or part thereof, in the opinion of the Commissioner, are or will be
benefitted by the road. 7.

In settling apportionment of the cost of construction of a road or
execution of a road work in respect of any leased land the Commissioner
shall have regard to the following factors-
(a) the frontage of the land;
(b) the greater or less degree of benefit to be derived by the
leased land from the road or road work; and
(c) any other factor the Commissioner may consider relevant. Acts Nos. 39 of 1996 s. 7
4 of 1970 s. 7

the
leased land from the road or road work; and
(c) any other factor the Commissioner may consider relevant. Acts Nos. 39 of 1996 s. 7
4 of 1970 s. 7

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.221
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
8. The sum apportioned in respect of any leased land shall be the road
frontage premium of such land and the Commissioner may call upon
the tenant to pay the same in accordance with the provisions of this Act.

be the road
frontage premium of such land and the Commissioner may call upon
the tenant to pay the same in accordance with the provisions of this Act.

SECOND SCHEDULE
(Made under sections 48 and 49)
COMPENSATION FOR COMPULSORY ACQUISITION
(a) Compensation List
1.–(1) On receipt of an application for a compulsory order, the
Commissioner shall (at the cost of the applicant), in not less than two
consecutive editions of the Gazette , give notice of the application,
and call upon all persons entitled to any sublease or profit sought to
be compulsorily acquired, and all persons entitled to any other interest
which would be determined on the coming into effect of the compulsory
purchase order for which application is made, to notify him and the
tenant, before such date, not being less than sixty days after the first
publication, as may be specified in the notice-
(a) where such person wishes to make representations in writing
or in person or by agent;
(b) where such person wishes to claim compensation for the
sublease or profit acquired or,
(c) as the case may be, a share in the compensation payable in
respect of the sublease or profit out of which his interest was
created. (2) Every notice served on the Commissioner or tenant in pursuance
of this paragraph shall contain an address for service of the person
serving the same.

Every notice served on the Commissioner or tenant in pursuance
of this paragraph shall contain an address for service of the person
serving the same.

2.–(1) After the date specified in the notice published under paragraph
1, the Commissioner shall compile a compensation list in two parts. (2) Part I of the compensation list shall contain the names, addresses
and interests of the sublessees and the persons entitled to profits, whose
subleases and profits are sought to be compulsorily acquired and a
statement whether or not each sublessee or person claims compensation;
and each sublease and profit shall be identified by a serial number. (3) Part II of the compensation list shall consist of such number of
heads as there are subleases and profits listed in Part I. Subject to the
provisions of subparagraph (4) of this paragraph, each head of Part II
shall contain the names, addresses and interests of the persons claiming
a share in the compensation payable in respect of the same sublease
or profit. Each such head shall be identified by the same number as is

ns claiming
a share in the compensation payable in respect of the same sublease
or profit. Each such head shall be identified by the same number as is

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.222
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
used in Part I to identify the sublease or profit out of which the interests
included in such head are created. (4) The Commissioner shall not include any entry relating to an
easement, right of way or restrictive covenant in the compensation list. (5)A person shall not be entitled to compensation or a share payable
in respect of any sublease or profit compulsorily acquired under this
Act unless his name is included in the compensation list. (b) Assessment of Compensation
3.–(1) The Commissioner shall draw up a compensation scheme in
three parts. (2) Part I of the compensation scheme shall contain the entries
contained in Part I of the compensation list, and against each entry
there shall be specified the value of each sublease or profit compulsorily
acquired as agreed between the parties or determined in accordance
with this Schedule.

be specified the value of each sublease or profit compulsorily
acquired as agreed between the parties or determined in accordance
with this Schedule.

(3) Part II of the compensation scheme shall contain the entries
contained in Part II of the compensation list arranged under the same
heads and, against each entry, there shall be specified the value of the
interest as agreed between the parties or determined in accordance with
this Schedule. (4) Part III of the compensation Schedule shall contain-
(a) the number of instalments in which the compensation shall
be paid by the tenant, and the dates of each instalment; and
(b) the order and method of distribution of the compensation
between the persons entitled or claiming a share,
as determined in accordance with the provisions of this Schedule, or
any agreement varying the same. 4.–(1) In the absence of agreement by the interested parties as to-
(a) the title of any person to a sublease, profit or other interest;
and
(b) the value of any sublease, profit or other interest,
the matter shall be referred to the court on a summons taken out
by a party; and the decision of the court shall be final and
shall not be subject to review in any other court.

ed to the court on a summons taken out
by a party; and the decision of the court shall be final and
shall not be subject to review in any other court.

(2) For the purposes of item (b) of subparagraph (1), a person whose
name is included in a head in Part II of the compensation list shall be
deemed to be an interested party in relation to the value of a sublease or
profit out of which his interest was created. 5. The Court shall assess the value of any interest in accordance with the
value at the date on which the notice published under paragraph 1 first
appears in the Gazette. Deduction shall not be made from the value of
any sublease or profit specified in Part I of the compensation Schedule

1 first
appears in the Gazette. Deduction shall not be made from the value of
any sublease or profit specified in Part I of the compensation Schedule

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.223
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
on account of any interest specified in Part II which was created out of
such sublease or profit
Payment of Compensation
6.–(1) In the absence of any agreement by the interested parties, the
tenant shall pay compensation in twenty equal annual instalments. (2) The maximum compensation payable by the tenant shall be the
sum of the values specified in Part I of the compensation scheme, with
interest. 7. On receipt of any compensation, the Commissioner shall divide
the same into as many parts (hereinafter referred to as head sums) as
there are subleases and profits specified in Part I of the compensation
Schedule in proportion to the respective values.

referred to as head sums) as
there are subleases and profits specified in Part I of the compensation
Schedule in proportion to the respective values.

8.–(1) Unless the parties otherwise agree, the Commissioner shall hold
each such head sum on trust-
(a) first, to pay to the persons specified in the head specified
in Part II of the compensation scheme which has the same
number as the sublease or profit to which the head sum
relates, the values of their respective interests:
Provided that-
(i) where any interest specified in any head in Part II of
the compensation scheme was created out of some
other interest specified in that head, the maximum sum
payable in respect of the first such interest shall not
exceed the value of the second such interest; and
(ii) where there is more than one such interest in the same
head in Part II of the compensation scheme, payments
shall be made in respect of each such interest in the order
of their creation, earlier interests taking precedence over
later interests; and
(b) secondly, to pay the residue to the person entitled to the
relevant sublease or profit in Part I of the compensation
Schedule, if his claim is recorded, or if such claim is not so
recorded to repay the same to the tenant.

lease or profit in Part I of the compensation
Schedule, if his claim is recorded, or if such claim is not so
recorded to repay the same to the tenant.

(2) Unless the parties otherwise agree, the Commissioner shall hold
any interest paid by the tenant on trust to pay the same to the persons
to whom compensation or any share therein is due, in proportion to the
net sum payable to each such person. 9. This Act shall not preclude any person whose interest is determined
upon a compulsory purchase order taking effect from recovering any
money lent on the security of such interest from the borrower by action
but any compensation or share paid to the lender in respect of such
interest under this schedule shall be deducted from the sum due.

orrower by action
but any compensation or share paid to the lender in respect of such
interest under this schedule shall be deducted from the sum due.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.224
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
THIRD SCHEDULE
(Made under section 51)
THE LAND TRIBUNAL
(a) Constitution
1.–(1) The Land Tribunal shall be composed of-
(a) a Chairman and a Vice Chairman appointed by the Minister
for justice; and
(b) four other members appointed by the Minister for lands. (2) The Minister for justice shall appoint as Chairman a person
qualified for appointment as a judge of the High Court, and as Vice
Chairman a person who holds one of the professional qualifications
required by the provisions of the Advocates Act to be held by persons
who make application to be admitted under that Act as an advocate. 2. A member of the Tribunal shall hold office for such period not
exceeding three years as the appointing Minister may specify in his
appointment, unless his appointment shall have been previously
revoked; and he shall be eligible for re-appointment.

nting Minister may specify in his
appointment, unless his appointment shall have been previously
revoked; and he shall be eligible for re-appointment.

3.–(1) Where any member of the Tribunal is incapacitated by illness,
temporary absence from Tanzania or other sufficient cause, from
performing the duties of his office, another qualified person may be
appointed by the appointing Minister to act in his absence, and every
person so appointed shall have all the powers and authority of the
member for whom he is acting until such member is again able to
perform the duties of his office or ceases to hold office as a member of
the Tribunal. (2) Where any member dies, or is permanently incapacitated from
holding office for any cause, or resigns, or if his appointment is revoked,
the appointing Minister may appoint in his place another qualified
person who shall hold office for the unexpired residue of the period of
office of the member in whose place he is appointed. 4. A member may resign by giving notice in writing to the appointing
Minister. 5. A quorum of the Tribunal shall be the Chairman or the Vice Chairman
and two other members. 6. Subject to the provisions of paragraph 5, the Tribunal may act
notwithstanding a vacancy in its number. 7.

the Vice Chairman
and two other members. 6. Subject to the provisions of paragraph 5, the Tribunal may act
notwithstanding a vacancy in its number. 7.

An act or other proceeding of the Tribunal shall not be invalid by
reason only of the fact that there is some defect in the appointment of a
person purporting to be a member. Cap. 341

Tribunal shall not be invalid by
reason only of the fact that there is some defect in the appointment of a
person purporting to be a member. Cap. 341

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.225
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
(b) Additional Powers
8. The Tribunal may delegate to any member of the functions or powers
of the Tribunal other than the determination of an application or appeal. 9.–(1) Applications and appeals shall be determined according to the
opinion of the majority of the members who hear the same:
Provided that, the Tribunal shall be bound by the decision of the
presiding member on a point of law. (2) In the event of the Tribunal being equally divided on any issue,
the presiding member shall have a casting vote. 10. The Tribunal shall determine every appeal as, having regard to the
provisions and purposes of this Act and in particular to the grounds of
appeal set out in section 52, as the merits of the case require. 11. The Tribunal may award costs.

ses of this Act and in particular to the grounds of
appeal set out in section 52, as the merits of the case require. 11. The Tribunal may award costs.

The costs shall be such sum as the
Chairman or Vice Chairman shall assess having regard to the nature of
the proceedings and the work involved:
Provided that, the Tribunal may direct costs to be taxed in accordance
with rules made in that behalf. 12. The Tribunal may award allowances to witnesses at the rate
prescribed for allowances to witnesses in the High Court. 13. An order of the Tribunal awarding costs or allowances to witnesses
may be enforced in the same manner as an order of a district court in
that behalf, and a district court shall have jurisdiction notwithstanding
the sum awarded exceeds any pecuniary limit on its jurisdiction. 14. Save as may be provided by rules made under this Act, the Tribunal
may regulate its own procedure. FOURTH SCHEDULE
(Made under section 19)
FORM OF SUMMARY WARRANT FOR
ATTACHMENT AND SALE
To the bailiff of the Court ............................................................................ ....................... You are commanded to attach and hold the movable property of .. ................................. set out in the Schedule hereto, unless the said
............................. shall pay you the sum of shs. ..............

........................... set out in the Schedule hereto, unless the said
............................. shall pay you the sum of shs. ..............

being rent due
and owing by the said ................... on account of the Government lease
................. and the costs of this attachment, and after giving fourteen
days notice by affixing the same to this court house and after making
Act No. 4 of 1965 s. 3
(Title)

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.226
THE FREEHOLD TITLES (CONVERSION) AND GOVERNMENT LEASES ACT [CAP. 393 R.E. 2023]
due proclamation, to sell the said property or so much thereof as shall
realise the said sum of shs. ............ and the costs of attachment as
aforesaid by auction.
You are further commanded to return this warrant on or before the
........... day of ....................... 20........ with an endorsement certifying the
manner in which it has been executed or the reason why it has not been
executed.
Given under my hand and the seal of this court this .............. day of
................. 20........
...................................
Magistrate