CUSTOMARY RIGHTS OF OCCUPANCY ON SURVEYED LAND IN TANZANIA: A REVIEW OF THE LEGAL FRAMEWORK
This article critically examines the legal recognition and protection of customary rights of occupancy on surveyed land within the Tanzanian legal framework. Tanzania operates a dual land tenure system that acknowledge both statutory and customary land rights, primarily governed by the Land Act Cap 113 and the Village Land Act Cap 114 R: E 2023. While these laws affirm the legitimacy of customary tenure, the process of land surveying and formal registration often introduces tensions between statutory procedures and traditional practices. The review explores how customary rights are adjudicated, registered, and potentially transformed when land is surveyed, highlighting key legal provisions, judicial interpretations, and practical challenges. Issues such as displacement, gender inequality, and limited legal awareness among the rural communities are discussed. The article concludes by proposing policy reforms aimed at harmonizing statutory and customary systems, ensuring inclusive and equitable land governance in Tanzania.
Keywords: Customary land tenure, Rights of occupancy, Surveyed land
