FEATURES OF MORTGAGES FINANCING A STUMBLING BLOCK TOWARDS ITS DEVELOPMENT OVER UNREGISTERED LAND IN TANZANIA
Downloads
Abstract
The Land Act of 1999 stipulated the features of mortgage financing in Tanzania. It is endowed under the Act that for a mortgage financing to be enforceable, valid, operative and effectual it must be in writing, there must be a notification of the commissioner for lands, mortgagor must make a declaration that the loan shall be invested in Tanzania, a mortgage must be registered and lastly the mortgagor has to make a report on the utilization of the mortgage money. A mortgage is not enforceable if the formalities are not complied with. The said formalities are not achievable by a holder of unregistered land. The features on the formation of mortgage financing can only be complied with by a holder of registered land because of the applicability of the Land Act of 1999. Land Act is not applicable to unregistered land hence there is no law governing creation of mortgage financing over unregistered land. In that sense the said features impede the development of mortgage financing over unregistered land.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Yuda John Kwaslema
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
