Professional Documents
Culture Documents
Rural Area
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1.0: Introduction
Rural lands for the case of this proposal is the all lands set for urban planning, these lands
includes village lands, marine reserve, forest reserve, conservation area and national parks.
Therefore rural cadastral survey is the cadastral survey conducted on the rural land for the
purposes of legal ownerships of that land.
Tanzania, like many developing countries has problems associated with developing rural
lands. Most of rural lands is left undeveloped due to lack of resources, climatic problems or
fertility limitations. Since independence, the government of Tanzania has proclaimed the
development of the rural sector without taking into consideration cadastral legal survey to
each piece of village land. This is the preliminary basis for improved agricultural
performance in rural land, due to a fact that villages has enough lands which can
accommodate reasonable agricultural investments.
Rural land development strategy has proved failure due to lack of smooth road, poor
agricultural performance (low production compared to farmed area coverage) and lack of
essential social services (clean water, electricity, schools and dispensaries).
A matter of fact is that we are in transition from planned economy to market economy as
rural land property is concerned. Rural cadastral survey is necessary in order to recognise
private land ownerships to villagers. Alongside there number of land investors declaring
interests to own massive village land privately. Care must be taken so that villagers will not
found deprived from land ownership or feminine to villagers as cash crops are the main target
to investors, especially foreign investors.
Therefore there are a need for legal power for implementing land equity and distribution.
What is required is suitable social development with regard to efficient use and distribution of
rural land as well as social services for sustainable living environment for villagers.
2.0: Motivations
Rural cadastral survey is type of cadastral survey to facilitate ownership of farms located in
village lands; this survey facilitates private ownership of village lands to villagers or to
investors. Now the country is in winds of implementing international open door policy, by
this policy foreign investors have the right to private ownership of rural land as per country’s
land legislations. If care not taken we will find in future, some village boundaries occupied
by only dormant general lands possessed by few passive investors.
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Therefore care must be taken in aspect of land registration and land legislation while
undertaking rural cadastral survey in each piece of land in Tanzania mainland.
The process of rural cadastral surveys leads to changes of ownership concepts. The shifts will
include the introduction of new land investors and legal acceptance of the existing private
ownership by villagers, both scenarios leads the village lands to land Reform.
In Eastern Europe land reform took place, in this process the state owned lands are privatised
and nationalised lands are restored to its rightful owners. The main problem in
implementation processes is disagreements in socio-political discussions, official with
inadequate modern skills, technical resources, economic resources and models for
computerised land administration systems.
Complete land reform comes with a change or establishment of new land registration
systems. This process involves the computerisation of land management system in form of
multipurpose cadastre (cadastre: Information system for storing outputs of cadastral
surveys). For case of Tanzania we need to establish a new package of multipurpose cadastre
for rural land ownerships.
2.2.0: History of land reform
In history land reforms are due to socio-economic revolutions. It had had affected most of
countries in the past, starting from Western Europe, central Europe and Eastern Europe.
These reforms were centred by transition from feudal ownership to private land ownerships,
for Western Europe. In case of Russia massive land reform took place in 1917 in a form of
nationalising private land. Later in 1990s land reform direction changed from nationalism to
privately land ownerships and privatization of state owned land.
Sweden
In Sweden, agriculture throughout the history was based on family farms as a unit of
production. This fact is revealed in a book by Ulf Jen, Land Law in Action, The Swedish
Ministry for foreign affairs, Stockholm, Sweden (1997), page 60 states ‘’ as most countries,
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land law in Sweden rests upon old traditions and rules. The oldest land codes were written in
the 13th century. Land in those days was regarded as a family belonging more than an
individual asset and the law aimed to prevent people from trading in land rather than making
it easier”.
In the 15th and 16th centuries under German influences, most of Swedish had ability to read
and write, leading to written forms for selling and mortgaging properties also by this time the
monarchy needed land information for taxation.
In Sweden throughout land reform processes had a well controlled processes for matter of
land allocation, in the 17th century when the feudal system were widely spread, didn’t
involved more than 5-10 percent of the land, according to The Swedish ministry for foreign
affairs, Land law in action, 1997, page 60.
In the 18th century, Sweden fall into modernised industrialization stage, the lands by that time
were controlled by legislation set in 13th century. In order to catch up with new socio-
economic changes. Swedish tried to develop new complete land codes which were later
proposed in 1909.
From 1970s, land reform in Sweden took place in a form of computerization of land
registration, which leads to The land databank System, the LDBS- has subsequently been
gradually implemented district by district and was completed in 1995.
Russia
The massive land reform in Russia took place during revolution period of 1917, based on
Marx and Lenin doctrines under revolutionary force. By then Russia became planned
economy country where by lands were owned by state. In this process land reform took place
by nationalizing land property basing on planned economy.
Later another land reform came in 1991-1992 under leadership of President Gorbachev,
where the social system was switched peacefully from a planned to a market economy. Here
the collective big farms were transformed into family farms. Later in 1993, under leadership
of President B. Yeltsin, new rule and procedures to enhance private ownership took place.
The process of land reform in Russia still in process, but is slowed down by number of
problems including political and constitutional disagreements about the scope of land
privatization, also the infrastructure needed in a market economy, in the form of
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implementing legislation, communal management structures was not yet created. This is
according to The Swedish ministry for foreign affairs, Land law in action, 1997, page 79.
This creates imbalances as the market economy is concerned. The Land Act (1999)
Part II 3k (About fundamental principles of land policy), this subsection instructs the
market protection to urban and rural small-holders and pastoralists.
Alongside investors claims about legal procedures needed to convert a village land
into a general land in order to acquire the right of occupancy. But some investors after
having a right of occupancy in a village land, behaves as if there is a need for the
village administrative boundaries adjustment.
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The development conditions set under land regulation 2001(Conditions of right of
occupancy) does not consider the concept of land budget, even village councils used
to allocate land to investors without considerations of future generations. Land
legislation should be set in order to control village council’s allocation authorities,
It should be clear how much rural lands (in percentage) can be granted to investors
both local and foreign investors. The grant must be done gradually depending on how
active the investor is and how villagers benefits from that investment.
5. Improper public awareness and sensitization:
Most of public sensitizations are based on bank loans benefits. These loans are not
enough for improved agricultural performance.
This is important, because most villages in future will be absorbent of expelling urban
populations which can result to worse informal settlements (squatters) in villages.
Zoning village lands, especially those which are closer to urban centres is
undisputable decision (Mkuranga, Kibaha, Bagamoyo and Kisarawe).
3.0: Objectives:
1. To come up with a land budgeting system:
The land budgeting system will be a Unified Spatial database of Tanzania,
This is important in order to find optimal means of for allocating lands for
rural investments, individual farming rural housing and village reserve.
The Land budgeting system is important due to a fact that the area size of our
Country is not expanding in itself but the demand for lands increases due
to population factors and pressure for land investments.
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2. To recognise Village land ownerships:
The rural land ownerships should be recognised, in this process rural cadastral
survey must be conducted in each village. In this process the village boundaries
will be verified, village reserve determined, shown as well as zoning of residential
and agricultural areas will be necessary.
2. To Develop Computerised Rural Land Records:
The observed coordinates and drawn maps from rural cadastral survey will be
In a Database formats. In future when the cadastre System will be ready it will be
just matter of uploading. The system will unify the all ownership records in Arc
GIS Software.
5.0: Methodologies
5.1.0: Land budgeting system
The land budgeting system will be based on identification land categorisation. The land
categorization described here are: Conservation land, reserved land, national parks,
village lands and urban lands. Most of data related to conservation, reserved and urban
lands already known but are scattered, what is needed is to put some efforts to collect
them from relevant ministries, and perform some field data capture.
The village land data are not known, thus we need to collect these data in terms of
agricultural suitability, location and area size for each village, district by district.
The tasks will be to collect soil classification in order to determine agricultural suitability
levels, specifically for each village lands. The idea is not to determine detailed different
classes within a village, but rather the land in a village will be considered to have one soil
agricultural suitability class
This information will be recorded for each village during cadastral survey project
execution also the attribute data concerning individual ownerships and their related data
will be booked ready to be uploaded into a cadastre system.
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The productivity classes are:
1. Suitable agricultural classes
- 1st class, which will include land in a village which is
crossed by a river or situated in valley.
- 2nd class, it will include land in a village with no river basin
nearby, but has fertile soil with good climatic conditions.
- 3rd class will be the land in a village with fair fertility and
fair climatic conditions.
2. Unsuitable agricultural classes
- 4th class land in a village with dry fertile soil.
- 5th class land in a village with dry sand soil
- 6th class land in a village with semi desert conditions.
The aim of village land classification is to identify all villages which fall in semi desert
soils and those which fall in fertile soils.
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The location and size of reserved lands.
The locations and size of conservation lands.
These data from land budget map will be the basis for broad decision to determine
the total area (in percentage) and locations of lands per each category. Later it will
be used to determine where and how much land can be allocated to investors per
village in a district.
Each district as per zone needs a separate teams from licensed private companies and
government organisations. Four teams per each district is recommended, each team
should consist of 5 staff with one set of RTK GPS.
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Surveyors from ministry of lands will start the project by extending control points
around the district of interest. The datum for control densification should be a new
Arc 1960 (Established by Prof Peter Morgan).
After control extension 21 teams, four teams per district will start staking out of
needed village boundaries, land use zone and finally demarcation and RTK
coordination of individual farms owned by villagers will be done to each farm owned
by a villager. The coordinate of each farm will be recorded together with other non
spatial attribute related to owner (names, size, gender, village and district name, soil
type, preferred crops).
The obtained coordinates will be used to draw a cadastral survey plan (in Arc GIS
format), showing village boundaries and farm subdivision. The compilation of
cadastral Comp file will be done as per survey regulations with respect to control
extension and point coordination fixation methods.
One village must be comprised of one Comp file, the individual farms will be
considered as subdivisions with a village. The length and width for individual farms
will be measured by using measuring tape/total station.
Cost estimate to cover the cost will depend on which district have been selected,
number of villages in a district and number of individual farm inside a district.
Cost to cover one individual farm must be declared.
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The spatial database will be generated on GIS environment using Arc GIS software. The
village boundaries will be regarded as a single polygon shapefile, while the individual farms
inside the village will be regarded as inner polygons. Each inner polygon will bear owners
name, village soil class, area size, mobile phone number, owner’s gender, village name,
district name, region name and types of crops preferred (1 to 5 types).
This type of data dissemination will enable map user to retrieve timely any relevant
information related to a village or individual farm (including area size, preferred crops, soil
type, owner’s name, village name etc).
This type of data storage is necessary because it can be easily attached to any spatial database
system in future, it will be matter of timely uploading when the system is complete.
Conclusion
The rural cadastral survey is the primary stage to facilitate villagers with development
assistances, which should include linkable smooth roads, social services, employment
opportunity, food supply and winning over market land economy advantages. If villagers are
not given right of occupancies for the private ownerships of their own lands then, some of the
the market land economy advantages will be missing in future, less compared to their fellow
land investors.
Although most investors needs a quick procedures of converting a village land to be a general
land ready for legal land ownership recognitions. Fact is that most of these land investments
can bear trivial development status. Also, in order to improve the performance of rural
agricultural production with sustainable living environment, we need contribution from active
and intensive private sectors, especially foreign investor equipped with all resources.
But the problem is the implementation of Land Act (1999) via land policy and land
regulations in the processes of appointing big foreign investors as well as in the procedures of
evaluating the development conditions as per right of occupancy requirements.
Even the appointment and development status for local investors are questionable, most of
them are appointed through mutual agreements with village councils without consideration of
scientific land budgets for future generations.
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The emphasis with this write up is to conduct the cadastral survey with fixation methods
according to survey regulations and standards. This approach will make sure that the
surveyed individual farms owned by villagers qualify to Granted Village right of occupancy
when the land regulations as part of land legislative adjustments proposal.
The acceptable methods and technology which can guarantee fast delivery of outputs have
been proposed. For this write up the Real time kinematics instruments and technology are
preferably best.
Meanwhile it provide legal acceptance of private land ownership to foreign investors, local
investors and villagers, so this process leads to another problem apart from field survey
executions. The problem of rural land management come to exist, needed to manage several
private land ownerships with computerised cadastre system.
The problems in rural cadastral survey and its land management are lack of technical support
which includes enough instruments and funds for executing cadastral survey projects to cover
all villages per district, limited skilled capacity to cope with new technology for spatial data
collections, storage and management and lack of computerised land administration system.
There are legal problems also, especially in the development of land legislation for private
ownerships and property registration. The right of occupancy’s development conditions set in
land regulations needs some additions to cope with modern intensive agriculture and market
economy in order to promote land equity and distributions for improved agricultural
performances.
For successive rural land ownership reform modern technology should be emphasised
together with improved land regulations to control different situations of market economy.
Recommendations
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The suggested land policies /land regulations should come with
Legislative packs that declare a type of Granted village right of
Occupancy awarded upon permission from Administration
hierarch as per subsections in Land Act (1999) Part IV. Needs
for converting a village lands to general lands be done in order
to win certain administrative advantages.
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Policy statement should insist the obedient to cadastral
survey regulations and standards, while advising the use
of modern technology to save time. .
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compensations. The compensations can be in any form
not necessarily cash, but rather in form of a suitable
apartment.
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Subsection 4.2.29 Alternative land compensation:
In subsection 4.2.19, the policy specifies the
professional land compensation. Lack of fund for
compensation prohibits the land acquisition. This leads
most of privately owned land to be squatter. So the a
need for additional alternative land compensation,
where land owner will be returned with a surveyed
plot(s) with less area size. Area size will be reduced to
proportionally to accommodate social services and
public buildings.
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The Land Act (Act No4 of 1999), PART IV subsection
8, specify presidential delegations of land matters to the
minister of lands, housing and human settlement
developments. Subsection 8a, b, c and d instruct how
the minister should discharge all the presidential
functions allocated or delegated to.
References
3. Ministry of lands, housing and human settlements development,
National land policy, 1997, Dar es salaam, Tanzania.
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4. The Swedish ministry for foreign affairs, Royal Institute of
Technology, Land Law in Action, 1997, Stockholm, Sweden.
5. Prof G. Mgongo Fimbo, The Land Act 1999, University of Dar es
salaam, Dar es salaam, Tanzania.
6. Ministry of lands, housing and human settlements development,
Land Regulations, 2001, Dar es salaam, Tanzania.
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