The Village Land Act R.E. 2002

The Village Land Act R.E. 2002 The Village Land Act R.E. 2002

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"communal right of way" has the meaning ascribed to it by section 157 of the Land Act;"communal village land" has the meaning ascribed to it by section 13 of this Act;"Constitution" means the Constitution of the United Republic of Tanzania *(3);"Court" means the Court established under section 167 of the Land Act *(4) to hear anddetermine land disputes and includes the Ward Tribunals, the Village Land Council, the DistrictLand and Housing Tribunal, and the Land Division of the High Court;"customary law" has the meaning ascribed to it by the Interpretation of Laws Act *(5);"customary lease" means a lease the mode of creation and incidents of which including itstermination are governed by customary law;"customary mortgage" means a mortgage the mode of creation and incidents of which aregoverned by customary law;"customary right of occupancy" means right of occupancy created by means of theissuing of a certificate of customary right of occupancy under section 27 of this Act andincludes deemed right of occupancy;"deemed right of occupancy" means the title of a Tanzanian citizen of African descent ora community of Tanzanian citizens of African descent using or occupying land under and inaccordance with customary law;"derivative right" means a right to occupy and use land created out of a right of occupancyand includes a lease, a sublease, a licence, a usufructuary right and any interest analogous tothose interests;"disposition" means, in relation to a right of occupancy, any sale, mortgage, transfer,grant, partition, exchange, lease, assignment, surrender, or disclaimer and includes thecreation of an easement, a usufructuary right, or other servitude or any other interest in a rightof occupancy and any other act by an occupier of a right of occupancy whereby his rights overthat right of occupancy are affected but does not include an agreement to undertake any ofthe dispositions so defined;"district adjudication" has the meaning ascribed to it under section 56;"district authority" means a district council, a township authority or a village council;"Elders Council" means the Elders council established under section 60;"Gazette" has the meaning ascribed to it by the Interpretation of Laws Act *(6);

"general land" means all public land which is not reserved land or village land;"hazard land" means land declared to be hazard land under section 6 of this Act:"immediate family" means, in relation to a person, any other person related to that personin the third or a closer degree of affinity or consanguinity and in all cases shall include personswithin those degrees of affinity and consanguinity whether born in or out of wedlock, whetherborn in or outside Tanzania, and where any person referred to above has had more than onespouse, shall include all such spouses and persons to the fourth or closer degree of affinitythereto;"joint village land use agreement" means the agreement made, adopted and approvedunder section 11 of this Act;"land" includes the surface of the earth and the earth below the surface, things naturallygrowing on the land, buildings and other structures permanently affixed to or under land andland covered by water;"land sharing arrangement" means a land sharing arrangement prepared under section58;"lender" means a person to whom a mortgage has been given as security for the paymentof an advance of money or money's worth or to secure a condition;"lessee" means a person to whom a lease is granted and includes a person who hasaccepted a transfer or assignment of a lease;"lessor" means a person by whom a lease is granted and includes a person who hasaccepted the transfer or assignment of the reversion of a lease;"lien" means the holding by a lender of any document of title relating to a right ofoccupancy or a lease as security for an advance of money or money's worth or the fulfilment ofa condition;"local government authority" means a district authority or an urban authority;"Minister" means the Minister for the time being responsible for land;"mortgage" means an interest in a right of occupancy or a lease securing the payment ofmoney or money's worth or the fulfilment of a condition and includes a submortgage and theinstrument creating a mortgage;"notice of temporary assignment" means a notice issued under section 43 of this Act;"non-village organisation" means an organisation referred to by section 18 of this Act;

"communal right of way" has the meaning ascribed to it by section 157 of the <strong>Land</strong> <strong>Act</strong>;"communal village land" has the meaning ascribed to it by section 13 of this <strong>Act</strong>;"Constitution" means the Constitution of the United Republic of Tanzania *(3);"Court" means the Court established under section 167 of the <strong>Land</strong> <strong>Act</strong> *(4) to hear anddetermine land disputes and includes the Ward Tribunals, the <strong>Village</strong> <strong>Land</strong> Council, the District<strong>Land</strong> and Housing Tribunal, and the <strong>Land</strong> Division of the High Court;"customary law" has the meaning ascribed to it by the Interpretation of Laws <strong>Act</strong> *(5);"customary lease" means a lease the mode of creation and incidents of which including itstermination are governed by customary law;"customary mortgage" means a mortgage the mode of creation and incidents of which aregoverned by customary law;"customary right of occupancy" means right of occupancy created by means of theissuing of a certificate of customary right of occupancy under section 27 of this <strong>Act</strong> andincludes deemed right of occupancy;"deemed right of occupancy" means the title of a Tanzanian citizen of African descent ora community of Tanzanian citizens of African descent using or occupying land under and inaccordance with customary law;"derivative right" means a right to occupy and use land created out of a right of occupancyand includes a lease, a sublease, a licence, a usufructuary right and any interest analogous tothose interests;"disposition" means, in relation to a right of occupancy, any sale, mortgage, transfer,grant, partition, exchange, lease, assignment, surrender, or disclaimer and includes thecreation of an easement, a usufructuary right, or other servitude or any other interest in a rightof occupancy and any other act by an occupier of a right of occupancy whereby his rights overthat right of occupancy are affected but does not include an agreement to undertake any ofthe dispositions so defined;"district adjudication" has the meaning ascribed to it under section 56;"district authority" means a district council, a township authority or a village council;"Elders Council" means the Elders council established under section 60;"Gazette" has the meaning ascribed to it by the Interpretation of Laws <strong>Act</strong> *(6);

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