An approach for cadastral records reorganization and implementation of a topologically structured cadastral information ...


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An approach for cadastral records reorganization and implementation of a topologically structured cadastral information system in Tanzania
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xiii, 254 leaves : ill. ; 29 cm.
Derby, Francis W
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Land titles -- Tanzania   ( lcsh )
Cadastres -- Tanzania   ( lcsh )
Civil Engineering thesis, Ph.D   ( lcsh )
Dissertations, Academic -- Civil Engineering -- UF   ( lcsh )
bibliography   ( marcgt )
non-fiction   ( marcgt )


Thesis (Ph.D.)--University of Florida, 1998.
Includes bibliographical references (leaves 243-253).
Statement of Responsibility:
by Francis W. Derby.
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There are so many people, to whom I owe my gratitude for their assistance and

encouragement through this dissertation, it would be impossible to name them all here. I

would especially like to thank my graduate committee, who through their combined

knowledge and experience, inspired, motivated, and guided me to the end.

My utmost gratitude goes to Associate Professor David W. Gibson for giving me

the opportunity to study in this university and for believing in my ability to complete this

program successfully. The advice and guidance he gave to me during the initial stage of

my doctoral program helped me to develop the concepts for this research.

My sincere thanks goes Associate Professor Scot E. Smith, Ph.D., for the

financial support at the time when I needed it most. I am grateful for his contribution as a

major professor and the helpful ideas he offered during my most trying moments.

Sincere gratitude goes to my friend and fellow graduate student, Joe Aufinuth for

assisting me in analyzing my results and for preparing my figures. I thank him for the

agonizing moments he spent listening to my problems and complaints.

I would like to express my appreciation to Associate Professor Charles D. Ghilani,

Ph.D. and Assistant Professor Thomas A. Seybert, Ph.D., of The Pennsylvania State

University for their helpful ideas and companionship. I will always cherish the help and

advice that they offered .

To my wonderful and understanding wife, Angela, and our children, Yahan and

Pinkrah, I would like to express my appreciation for their love, devotion, and support. I

am really blessed to have a family like ours.

Finally, and most of all, I thank God for making it all possible.



ACKNOWLEDGMENTS ............................................... ii

LIST OF TABLES .................................................... vii

LIST OF FIGURES .................................................... ix

ABSTRACT ......................................................... xii


1 INTRODUCTION ............................................... 1
Research Objectives, Methodology and Scope .......................... 4
Definitions ..................................................... 7
Research Organization and Contribution ............................ 10

Land Management .............................................. 14
Legal Framework ............................................... 16
Land Delivery ............................................ 18
Estate Management ....................................... 18
Regulation and Reform .................................... 19
Revenue Generation ....................................... 19
Operational Agencies ............................................ 20
Land Survey ............................................. 22
Land Titling ............................................. 23
Land Registration ......................................... 24
Valuation and Assessment ................................. 25
Information Support Systems ..................................... 28
Environmental Information System ........................... 31
Socioeconomic Information System .......................... 31
Infrastructure Information System ............................ 32
Cadastral Information Systems .............................. 32


Different Types of Cadastres .................
Existing Cadastral Information Models ..........
The North American Model (NRC model) .
Williamson's Model ..................
The Developing Country Model .........
The Wisconsin Land Information Model ...
Spatial Data ..............................
Spatial Data Capture .................
Parcel Identifiers ..........................
Data Management .........................
Flat Files ...........................
Hierarchical Files ....................
Networks ..........................
Relational Databases ..................

Administrative Arrangements within Tanzania ....
Organizational Arrangements within MLHUD ....
The Urban Development Division ........
The Survey and Mapping Division .......
Land Development Division ............
The City Council ofDar Es Salaam ............
Existing Land Delivery Process ...............
Survey and Demarcation...............
Allocation and Registration.............
Cadastral Surveying Processes within Divisions ...
Surveying and Mapping Division ........
Property Valuation and Rent Assessment ..
Certificate of Occupancy ..............
Registration of Certificate of Occupancy ...



.. .. ..


Discussion of Improvements to Current Cadastral Arrangements ..........
Urban Development Division ..............................
Surveys and Mapping Division ..............................
Land Development Division ................................
Document Processing Improvements ...............................
Reorganization of Existing Records ..........................
Processing of New Documents ..............................
Organization of Cadastral Information ..............................
Topologically Structured Cadastral Data Concept .....................
Topological Rules and Cadastral Index Mapping ..................
Application of the Rules to cadastral Surveying .......................

. 57
. 58
. 59
. 59
. 63
. 66
* 70
. 71
. 73
. 76
. 76
. 83
. 85
. 88

. 97
. 99

Boundary Definition ...................................... 142
Subdivisions ....................................... ..... 143
Topological Rules and Principles Illustrated ................... 146

Cadastral Index Map Compilation in Metric Space......................... 154
Cadastral Index Mapping in Topological Space.............. .......... 158
Cadastral Information System for Tanzania.. ......................... 160
Cadastral Index Map for Tanzania ........................... 160
Linkage Mechanism................................... 166

7 PILOT PROJECT ..............
Data Sources ..................
Hardware and Software ..........
Analogue image conversion .
Attribute Data Processing ........
Spatial Analysis ................
Summary and Analysis of Results ...



Recommendations ..................................


O FFICE ............................................... 208

O FFICE ............................................... 211



REFERENCES ..................................................... 243

BIOGRAPHICAL SKETCH .......................................... 254



Table page

4-1 Administrative Regions in Tanzania.................................................................58

4-2 Land Registration zones in Tanzania................................................................68

5-1 Cadastral Survey Processing Tasks ................................................................. 117

5-2 Improved procedure for processing and Issuing Certificate of Occupancy ....... 123

5-3 Document processing Tasks at the Land Registry ...........................................126

5-4 Point Equivalence Table ................................................................................... 47

5-5 Line Equivalent Table .................................................................................. 148

5-6 Line-Node Topology ................................................................................... 148

5-7 Polygon-Line topology ................................................................................ 150

6-1 Coding structure of Parcel Identifiers................................................................169

6-2 Codes for Administrative regions in Tanzania .................................................170

7-1 Textual information associated with Individual Subdivision/Cadastral
Plans.....................................................................................................1... 75

7-2 Relevant Textual Information from Title Office and Land Registry....................183

7-3 Erroneous Records Identified during data entry at the Land Office..................186

7-4 Erroneous Records Isolated during data entry at the Land Registry................ 186

7-5 Results of Internal Consistency Check among the Land Office records .......... 187

7-6 Inconsistencies among Land Office and Land Registry records....................... 188

7-7 Query Types That Were Done on the Cadastral Information..........................189

7-8 Internal Inconsistencies Identified During manual Data Entry..........................196

7-9 Results of Internal Consistency Check on the Data..........................................197

7-10 Comparison of land Office and Land Registry Records....................................198



Figure page

2-1 Land Management and Land Information Systems.......................................... 15

2-2 Components of a cadastre ............................................................................... 27

2-3 Components of a Cadastral Information System...............................................34

3-1 NRC Model for a Multipurpose Cadastre.........................................................41

3-2 Williamson's Multipurpose Land Information model.......................................43

3-3 Cadastral Model for Developing Countries..................................................... 44

4-1 Organizational Chart of MLHUD.....................................................................60

4-2 Survey and Demarcation.................................................................................. 72

4-3 Allocation, Titling and Registration.................................................................73

4-4 Schematic Diagram of the Procedure for assessing Property.............................84

4-5 Land Office Procedure for Issuing a Certificate of Occupancy..........................86

4-6 Procedure for Registering a Certificate of Occupancy......................................89

5-1 Computerized Cadastral Data Management System........................................ 109

5-2 Procedure for Isolating Inconsistencies among Existing Land Records.......... 112

5-3 Improved Cadastral Survey Processing Procedure.............................................16

5-4 Revised Approach for Processing new Certificates of Occupancy................... 122

5-5 Improved Procedure for Processing Documents at the Land Registry............. 125


5-6 Topologically Structured Multipurpose Land Information Model ......................130

5-7 Node snapping precedence rule.........................................................................137

5-8 Two Definitions of a line ............................................................................... 137

5-9 A node-vertex precedence ...... .................................................................1... 38

5-10 Node-line precedence ............................................................................... 139

5-11 Node precedence after a line intersection........................................................140

5-12 V ertex snapping............................. ................................................................... 141

5-13 Two Topological representations of a Cadastral Boundary................................142

5-14 Representation of a Boundary with Vertices......................................................143

5-15 Topological errors in Cadastral Index Mapping .................................................144

5-16 Three separate cadastral surveys .......................................................................146

5-17 Two Topologically structured cadastral index maps of the same area..............151

6-1 Coordinate Transformation in Metric Space......................................................156

6-2 Topologically assembled cadastral index map..............................................159

6-3 Graphical data conversion................................................................................. 161

6-4 Creating a Cadastral Index Map for Tanzania...................................................163

7-1 Vector Drawing of Region Surrounding Pilot Area.................................... ....... 173

7-2 Topologically Generated Cadastral map of Pilot Area ......................................177

7-3 An Overlay of Cadastral map and a Geo-Referenced Aerial Photograph............ 182

7-4 Land Rent Analysis on Kijitonyama Block 44....................................................191

7-5 Land Rent Analysis on Sinza Block A..............................................................193

B-1 Effect of 1896 Land Tenure Amendment........................................................217

B-2 Tenure Structure after 1928 Amendment ..........................................................219

B-3 Land Tenure Structure after 1969 Amendment................................................ 223

B-4 The Land Policy in a Dilemma........................................................................ 227

Abstract of Dissertation Presented to the Graduate School
of the University of Florida in Partial Fulfilment of the
Requirements for the Degree of Doctor of Philosophy



Francis W. Derby

December 1998

Chairman: Dr. Scot E. Smith
Major Department: Civil Engineering

The government of Tanzania is in the process of changing the country's existing

land policies in favor of a land market economy. In preparation for the anticipated

increase in property conveyancing and land-related transactions, the government needed

among other things, to:

* review procedures for recording land information and to adopt methods for

strengthening administrative and cadastral capacity to support land registration


* review the mission, organizational structure, and staffing allocation of regional

offices, identify problems and institutional obstacles that prevent synergy of

information handling and record handling among related agencies and the national


* develop a well-designed administrative procedure for land registration as well as

procedures for developing a cadastral information system suitable for Tanzania.

This dissertation presents a study of the organizational arrangements and administrative

procedures for parcel allocation, parcel survey and demarcation, and the registration of all

particulars affecting the creation of a legal cadastre in Tanzania. Administrative problems

and bottlenecks that prevent the smooth flow of activities between the land management

agencies were identified.

Approaches were developed to eliminate the land records organizational problems,

improve administrative procedures for land allocation and title processing, and provide a

streamlined method for faster document processing and land record maintenance. A land

information system model was developed for Tanzania. The model uses topologically

structured graphical overlays, to provide information support for a cadastral, cadastral

information system. The graphical data are linked to the descriptive records through a

newly developed parcel identification system for Tanzania.

Procedures were developed for isolating inconsistencies in the existing records which are

in paper form and converting the error-free records into digital format. A procedure for

adding new records to the computerized system and for maintaining the records up-to-

date was developed.

A pilot project was initiated which successfully tested the topological approach for

producing the cadastral index map to support a cadastral formation system. The pilot

study highlighted the ability to perform analysis on the data and to obtain information to

support land management decisions, even in the absence of an accurately surveyed map.


An essential recipe for proper land management is up-to-date information

concerning location, extent, ownership and use of parcels of land. In many developing

countries, where a large percentage of the economy is tied to the land, land records are

vital for efficient land and natural resource management. When maintained properly, such

information can also help to facilitate transactions in land. In more developed countries

with dynamic land market activities, information derived from land records offers

substantial benefits to individual land owners as well as governments. For the individuals,

currency of the information ensures, among other things, faster, safer and less

cumbersome procedures for land-related transactions, protection of various rights to the

use and enjoyment of the property, and fair taxation on properties. For the government,

up-to-date and well maintained land-related information based on systematic recording of

rights in land are important in many sectors of government such as physical planning of the

land, revenue generation, infrastructure development, and environmental protection.

Advances in computer technology and data management procedures have provided

additional benefits such as the ability to perform complex statistical analysis on land

records, identify trends in land market activities, and assess impacts of developments on


the society. The same cannot be said about synergy of land-related information in

developing countries.

In 1974, a sub committee of the United Nations noted that,

"...systematic records of land and rights in land have great importance for public
administration, land planning, and land development, and private transactions in
land. This situation is particularly true in those developing countries where the
rapid growth of population has caused increasing pressure on rural land, while
simultaneously a massive migration of people to the cities and towns has led to the
uncontrolled growth of urban centers. Nevertheless, the need for accurate land
records is often ignored by policy-makers; and the cadastral systems of many
countries are, in consequence, highly defective..." (United Nations 1974, 25-26).

This situation resulted in improper planning and inefficient management of natural

resources, and was a catalyst to exacerbated social and economic problems. This

observation from the United Nations was probably the first to establish a link between

accurate land records and efficient resource management. Reports from the World Bank

(Feder and Davis 1991; Holstein 1990) indicate that although efforts have been made by

governments of developing countries to improve the quality of their land records, progress

has been slow and success stories are few.

Among developing African countries, the use of land as a source of livelihood

often takes precedence over its use as a marketable commodity. In some rural

communities of Africa, such as in Tanzania, Ethiopia, Zimbabwe, Uganda, Namibia, and

Kenya, parcels of land have traditionally belonged to tribes, ethnic groups, or clans.

Among rural communities, land titling and registration concepts, as are known and

practiced in the western world, are alien to established systems of communal ownership

and land stewardship. Common property rights in the traditional (indigenous) land tenure


system ensures that users hold land in trust for descendants of the community. In the

urban centers of these same countries, despite the relatively active land-related

transactions, many people view the processes of registration and titling as expensive, time

consuming, and offer no tangible benefits to them as individuals (Moreno in Dale and

McLaughlin, 1989, 27). The result is that only a small percentage of the land in most

developing countries is registered.

The system for recording individual rights to the use and enjoyment of parcels of

land in most developing countries function poorly. In the urban centers of most

developing countries, it is financially costly and extremely time consuming to establish

legal ownership to any land parcel, and to identify the type of limitations to the use of the

parcel (Dunkerley 1985; Dale and McLaughlin 1989). Part of the economic problem in

most developing countries has originated from improper allocation of land to its most

economic use, improper or ineffective documentation of rights to land, and consequently,

inability on the part of the government to monitor the use of the land and to invest in the

resources of the land. In addition, most developing countries have not had proper

procedures for recording transactions in land.

Experiences in developed countries indicate that private individuals, and the public

as a whole, are benefitting from the derivative information which is obtained from large

scale documentation of ownership and rights to land units. Such benefits are realized in

terms of effective land management, fast and efficient transactions in land, fair property

taxation system, and economic development.

Change, however, has begun to occur. Taylor (1991) noted that since 1986,


governments of many developing countries such as Mexico, Bolivia, St. Lucia, Zimbabwe,

Botswana, Thailand, and Honduras, with the help of international agencies, such as the

World Bank and the United Nations, have initiated programs to recompile and to maintain

comprehensive records of land ownership as well as transactions in land as initial stages to

effective land management. With the exception of Thailand, many of these programs are

in progress and successful results with regard to effective land and resource management

have not been well documented.

The research presented here is an effort to reorganize and modernize the land

records management system in Tanzania in a manner that will enable the government to

take control of land and resource management and to ensure economic development

through proper land and resource management.

Research Objectives, Methodology and Scope

In 1991, the government of Tanzania initiated a reform of its existing land policy in

favor of a land market economy. Adoption of a land market economy in Tanzania

required that the cadastral system should not only be aimed at documenting the legal

ownership of the parcel (as is the current situation), but it should contain information that

may be used for faster property conveyancing, fair property valuation, equitable tax

assessment and for monitoring land-related transactions and land use patterns. In

reforming the cadastral recording system to accommodate the changes in objectives, the

existing records and the recording process had to be purged of all the problems that

prevented efficient land allocation and title registration. The improved recording system


had to be designed to facilitate the registration process, provide efficient data recording,

storage, and retrieval methods, and where necessary, trace the sequence of land transfers

over a specified period of time.

This research has been conducted using the following basic assumptions :

* Land as a resource, is essential to all mankind and therefore needs to be managed


* The cadastre is a tool for land and resource management (Holstein 1990).

* The cost of compiling the cadastre should bear a direct relationship to the value of

the land and the objectives for government (Dale 1990).

* A complete and up-to-date cadastral information system can serve as a resource

for land management, and socioeconomic development and national development

(Holstein 1990).

* The cadastre is the building block for a multi-purpose land information system

(NRC 1983).

* The need to maintain land records is particularly important in developing countries

(United Nations 1974; Dale and McLaughlin 1989).

The objectives of this research are:

To investigate a suitable approach for reorganizing existing cadastral records by

studying the existing process and identifying problematic areas.

* Identify and recommend actions that will eliminate the problems and pave the way

for a more efficient cadastral data capturing and processing.


* Using the reorganized records, develop a cadastral information system which will

be the building block for a broader Multipurpose Land Information System.

* Design an improved land data processing procedures to eliminate bottlenecks and

to speed up the titling and registration processes.

* Develop an approach for cleaning and updating existing records.

* Develop procedures for incorporating new data into the system.

To achieve these objectives, a comprehensive study of the Tanzania land delivery

and cadastral record management system had to be done. The study involved visits to

administrative centers within Tanzania to study the land management procedures. The

study included, among other things, land allocation procedures, cadastral data capture and

processing, title registration and records management procedures, as well as the legislation

that identified the type, quality, standards, and format for the data. The record keeping

and maintenance procedures had to be studied in order to identify problematic areas so as

to develop improvements to the system.

The focus of this research is on organizational and administration issues pertaining

to the reorganization of cadastral records and development of a cadastral information

system for Tanzania. This research does not cover political, legal, policy or institutional

issues pertaining to cadastral information systems, land management, or land information

management in Tanzania, although it is recognized that these play a major role in land and

resource management.



For this research, "Land" is defined to encompasses all things directly attached to

the surface of the earth, including those areas covered by water (Dale 1989). Land

management is defined as the process by which land and resources in land are put to good

effect. Land management includes resource management, which deals with facilitation of

economic development through inventory, extraction, conservation, and sale of natural

resources. Allocation and management of such resources are effected through instruments,

concepts, measures, and principles which are based on culture, land laws, land tenure and

property rights, registration of those rights, and transactions involving those rights

(Holstein 1990).

Land administration involves the development and use of the land in the manner

which has been prescribed by the instruments, land laws and property rights. The aim of

land administration is to define management procedures, regulations and legal framework

for agencies responsible for land delivery, estate management, revenue generation,

planning and control of land resources. Land administration, therefore, provides the

mechanism for land planning, parcel allocation, enforcing of rights and restrictions on the

use of land, impact assessment and policy reform. These activities are facilitated by the

ability to capture the relevant data to aid in monitoring and identifying areas where actions

and reforms are needed, planning appropriate courses of action, implementing the adopted

choice, and monitoring the results of the implementation for success and further



In this dissertation, information is defined as the product of data analysis. Within

any organization, management decisions and actions arise from the flow of information

upward, downward, and laterally across the organization. Due to the complex nature of

decision making processes, vis-a-vis the external factors which influence the decision,

quantity and quality of the available information upon which the decision is based, and

possible impact on the organization and the community at large, there is often a need to

establish an information system to support decision making processes. An information

system is a group or pattern of associated activities which according to Anderson (1986),

will normally have the following elements:

* A common purpose.

* An identifiable objective.

* An established sequence of procedures and data flow with at least one but possibly

many elements of input, movement, action, storage and output.

* Feedback of information, giving control over the system.

* A boundary that defines the extent of the system.

* Dependence on specific data.

One such information system is a Land Information System (LIS). The purpose of

an LIS is to provide a decision support for land management. In achieving this objective,

the requisite data about the land, within the confines of the jurisdiction, are captured,

stored, and processed. As an information system, an LIS has an established sequence of

data input, data processing and output channels. For this dissertation, therefore, an LIS is


a system containing spatially referenced land data and requisite analytical tools for

querying the data to obtain information to support land and related management decisions.

The system may include human and technical resources which allow retrieval and

dissemination of the information. At the root of land information systems are parcel-level,

though not necessarily parcel-based, data.

A Cadastral Information System is a special type of land information system which

deals specifically with cadastral data. It is comprised of computer hardware, software, and

a database containing cadastral data such as the graphical layout of the parcel, ownership,

size, location, use, and encumbrances that affect the use and enjoyment of the parcel. The

system enables the performance of ad hoc queries on the data and may have graphical

capabilities for the display of the results. Cadastral records play an important role when it

comes to transactions in land and management of properties in the public and private


Due to marketability and transferability of land parcels, ownership information

changes very often and hence consideration needs to be given as to how current this

information needs to be to meet user needs. Information has to be relevant, available and

timely, if they are to be of any use for land management. The purpose for which cadastral

information are to be used should control the accuracy and reliability standards for data

capture and management. Although in some circumstances one can be more important

than the other, such relative importance could change over time.


Research Organization and Contribution

This research begins with the notion that land policy as an institution, governs all

land management activities. From this standpoint, a land management taxonomy is

developed in Chapter 2. The taxonomy identifies the hierarchical structure of land

management and the role of information as a decision support tool in land management.

Chapter 3 discusses existing cadastral information models and current issues pertaining to

spatial, descriptive information and linkage mechanisms and reviews their focus and

relevance to the Tanzanian objectives. Applicability of existing cadastral models to these

objectives is discussed. This review helps to develop a cadastral information model which

uniquely addresses the Tanzania land management problem. Chapter 4 takes an in-depth

look at the existing land delivery system and cadastral arrangements in Tanzania and

identifies inherent problems. Cadastral data capture and computerization methods are also

reviewed with a view to remove bottlenecks. A discussion of the Tanzanian land delivery

problems is conducted in Chapter 5. Solutions and approaches for eliminating the

problems are discussed at this stage. A Multipurpose Land Information system which

utilizes topologically structured graphical overlays is presented as a model for managing

Tanzania land information. In Chapter 6, a pilot project aimed at implementing the

recommendations and to highlight the benefits of integrated cadastral information system

for Tanzania is discussed. Conclusions and recommendations are presented in Chapter 7.

This research makes an initial contribution to the field of cadastral record

organization, with specific reference to Tanzania, by conducting an extensive study of the

cadastral data capture, land allocation procedures, land registration system, and record


keeping and maintenance procedures in Tanzania. Organizational and technical, problems

associated with current practices and procedures are also identified. For the first time, the

legislation identifying the structure and responsibilities of land management agencies

within Tanzania are reconciled to identify areas of concern such as overlapping

responsibilities and inconsistent authorities between land management agencies.

In developing procedures to alleviate the identified problems, a cadastral

information model was conceptualized based on the information support system

components which were developed in Chapter 2, using topologically structured graphical

overlays for individual information support components. This approach which utilizes

base maps in topological space is a deviation from existing models which are based on

base maps in metric space. Some of the existing metric models have been reviewed in

Chapter 3. In addition, the data organization is designed with regard to the type of land

information support system (cadastral, infrastructure, socioeconomic, or environmental),

rather than the agencies that utilize the information, especially since within any

jurisdiction, the data requirements in terms of volume and accuracy, vary among agencies.

Another contribution is the development of a hierarchical parcel identification structure

based on the socio-political divisions in Tanzania and the public's perception of parcel

identification, as a linkage mechanism between the descriptive information support

systems and the graphical overlays.

In considering the records management aspect of this research, a systematic

approach for reorganizing existing cadastral records, and developing a cadastral

information system without drastically altering existing administrative procedures was the


objective. An approach for isolating inconsistent and obsolete data among existing

records was developed. Another procedure for recording new information and for

maintaining the integrity of the system was developed.

Finally, an approach for removing administrative bottlenecks within the system and

speeding up the land allocation and registration processes without compromising accuracy

or integrity of the data was developed. As would be observed, some of the contributions

of this research are specific to Tanzania while other contributions, such as the

topologically structured land information model and the parcel identification system may

be applicable elsewhere.


Disregarding minor additions through volcanic activities, earthquakes, and other

natural occurrences, land is finite in size. Land provides the resource base for most

human existence. Humans, plants, and animals have always depended on the land for

sustenance. As of yet, no substitute has been found to match the uniqueness of land both

as a resource base and as the platform upon which terrestrial activities are performed.

People have different concepts or attitudes about land. On one extreme land is

viewed as property which carries specific rights of ownership and use which is transferable

to other people. This concept is dominant in developed countries where land is viewed as

a marketable commodity and, as such, can be used as collateral for credit and economic

development (Marquis 1979).

Another extreme is the view of land as common property. This view implies that

rights of access and use of the land belong to members within a specific group or

community. Access and use by people outside of the group or community is restricted

(Bohannan 1973; Marquis 1979). This concept is mostly held in developing countries

where land is viewed as an interacting natural system whose integrity needs to be

protected, an whose primary qualities have to be preserved for future generations

(Andrews 1979).


Population increase, large scale mechanized farming, and urbanization have

imposed unanticipated pressures on the available land in both developed and developing

countries. For example in Tanzania, mechanized farming during "operation vijiji" (see

Appendix B) eliminated large portions of the breeding grounds of the Masai tribe and

introduced other socioeconomic problems besides alienation of their land. With

advancement of development and agriculture, industry and settlement compete for

available land. Usage of parcels of land undergoes changes, sizes of holdings change, and

land values change in response to social and economic factors. Land management

activities such as land use planning and control are therefore critical to the survival of any

nation or community that is undergoing development to ensure that any piece of land is

put to its most economic use. In this chapter, the role of information in decision-making is

reviewed in the context of land management. This chapter establishes the need to

organize land records in a manner which facilitates synergy of information in support of

land management decisions.

Land Management

Land management, in the context of this research, is viewed as an embodiment of

legal principles, administrative procedures, and operations which are associated with the

stewardship of land. The overriding principle for land management activities is the policy

(see Figure 2-1). Land policy is an institution which comprises of social, economic,

cultural, and legal prescriptions that define how the land and benefits from the land are to

be allocated, and the manner in which the land and resources are to be used (Dale and




I Land Delivery Estate Management
Revenue Generation Regulation and Reform


Planning and Control /j

I Adjudication COMPONENTS
I -- --I
I Tfling

Other operations Valuation and

I i I
n i ii n
Infrastructure Cadatral
Info. System Info. System

Socioeconomic Environmental
Info. System Info. System

Land Management and Land Information Systems

Figure 2-1:


McLaughlin 1989, 6). A land policy provides the guiding framework within which

interests in land may be held and the manner in which the land, as a resource, may be


Barnes (1994a), contends that in the ideal situation, the land policy should reflect

the practices of the people, even though this is not the situation in many developing

countries. Land policy prescriptions are defined through instruments, land laws, rules and

regulations which are executed by land administrators. Although the policy should

establish the legal framework within which land management operations are conducted, it

has been noted by Barnes (1994b) that in many Latin American countries the land laws are

drafted with little or no regard to the indigenous tenure practices of the people. Another

example is Tanzania, where existing land laws are the same as those that were enacted by

the colonial governments, with minor modifications such as replacing the word

"Governor" with "President." Existing land policies of Tanzania clearly do not reflect the

land tenure practices of the Tanzanian people (Shivji 1995, 4-8). The legal framework of

land management is the subject of the next section.

Legal Framework

Through the legal framework of land management (Figure 2-1), rights and rules

which guide the development and use of the land in accordance with the prescriptions of

the land policy are established. The objective of the legal framework is to define

guidelines for managing land resources, protecting individual rights to the use and

enjoyment of the land, consolidating land, protecting the environment, and controlling land


development and land degradation, which may result from uncontrolled urban migration,

excessive use of chemicals, pollutants, and other adverse uses of the land.

The legal framework defines the mechanism for land planning, parcel allocation,

enforcing of rights and restrictions on the use of land, impact assessment, and policy

reform. 'Rights,' in this context, should be distinguished from 'rules' governing the use of

the land or its resources. The Random House Dictionary of the English Language (1971)

describes a 'right' as a just claim, whether legal, prescriptive or moral, and defines 'rules'

as principle or regulation governing a conduct, action, or procedure. Rules, therefore

create regulations and thereby, authorizations. A property right is the authority to

undertake particular actions related to specific domain on the land. For every right an

individual holds, rules exist that authorize or require particular actions in exercising that

property right. In addition, all rights have complementary duties. To possess a right

implies that someone else has a commensurate duty to observe this right. Thus, rules

specify rights and duties.

Proper land management cannot be achieved by simply defining the legal

framework to guide the manner in which resources pertaining to land can be used, but also

by providing suitable conditions for individual social and economic development, such as

secure ownership, access to credit facilities, and participation in land markets transactions

(Holstein 1990; Palmer 1996). Legal prescriptions of land management are defined with

relevance to issues pertaining to land delivery, estate management, revenue generation,

and regulation and reform ( Dale and McLaughlin 1989; Nichols 1993). These are

described in the subsection below.

Land Delivery

This involves acquisition of land for public good or public use, government

projects, and new settlements particularly to accommodate the poor and landless, and the

assignment or delegation of interests in land parcels to individuals and organizations. An

ideal land delivery system should enable planned access to land in order to meet basic and

developmental needs of the people (Williamson 1990, 88). Land delivery procedures vary

from country to country. However, national interests and patriotic behavior requires that

those who have access to land, use it productively, and in a manner that will enhance

national development.

In Tanzania, where the land is regarded as belonging to the state, and land

ownership in perpetuity is not the practice, rights to the use and enjoyment must first be

obtained from the state. Allocation is normally for a fixed period with some reversionary

rights and some usufructuary conditions. There may be conditions attached to the use and

enjoyment of the land so as to ensure enhancement and proper use. One such condition

may be that the land must be used for a specific purpose, such as agriculture, residential, or

commercial. Another condition may be that the land should be developed within a

specified period of time to avoid forfeiture.

Estate Management

Estate management involves the management of large land holdings owned by

organizations and communities, such as tribes, clans, and families. In some jurisdictions,

the rules of land management within an estate may differ from those of other lands within


the state. For example, in Tanzania, it is required that individual owners of urban land

should have registered titles whereas an individual title is not required for property

ownership within community land. Another example is the situation whereby parcels in an

urban setting may be transferred to anyone, whereas community land may only be

transferred to members of the community. In villages and rural areas, where the land is

owned by the community, a 'Right of Occupancy' title is issued to the communities.

Regulation and Reform

Regulation and reform deals with issues affecting the manner in which land and its

resources are used. In developed countries, regulations in land use are imposed not only to

protect the land from excessive degradation and abuse, but also to protect the public and

the environment. As development progresses and priorities regarding the demand for

available land change, the need arises to review the uses for particular pieces of land and to

reform policies and conditions affecting certain uses of the land. Regulation and reform

activities are designed to monitor the land and to recognize changing objectives so as to

reform the land use plans, and to control excessiveness accordingly.

Revenue Generation

The revenue generation function is a way for the government to generate revenue

for land and infrastructure development. In developing countries, this is done in the form of

fees for processing transactions in land, such as sales, transfers, and registrations. In

situations where the land has been leased for a fixed term, a rental fee may also be imposed.


In some developed countries, such as the United States where the full bundle of rights is

conveyed during a sale or transfer, one of the methods for generating revenue from land is

to impose a tax on structural improvements which have been made on the land.

The legal framework of land management is implemented through operational

agencies which are responsible for adjudication, planning and control, land survey,

registration and titling, and valuation and assessment (see Figure 2-1). These are discussed

in the next section.

Operational Agencies

Operational agencies constitute the organizational arrangements which are made to

administer the prescriptions within the legal framework to support land management

activities. Operational agencies consist of divisions in management that are staffed by

personnel whose responsibilities include the provision of services in accordance with the

legal interpretation of the guiding principles of the land policy. The operational component

of land management is multi-disciplinary. Effective land management involves the

interaction and coordination of several government agencies and several operational units.

There is no definite pattern as to which agencies should be responsible for any

particular operation. However, for this research, land management operations have been

defined to include land use planning and control, adjudication, land survey, titling,

registration, and valuation and assessment (see Figure 2-1).

Those with decision-making responsibilities within these agencies are constantly

having to review their plans and actions, and to modify decisions in accordance with


changing conditions. Such decision makers need the information that may be derived from

analyzing the database, in order to make sound decisions. Decision-making within the

operational components are either to provide solutions to prevailing or impending

problems, or to capitalize on opportunities.

Problem detection and resolution arises when prevailing conditions indicate a

deviation from the expected results and therefore may impact adversely on expected

objectives. For example, if the data indicate a higher than normal growth in urban

population, the decision may be to allocate more land for residential purposes. This

decision may be an ad hoc one, however, a closer look at the data may reveal some

underlying cause, which may require a more permanent solution. Timely resolution of such

a problem can avoid some of the socioeconomic problems that are associated with

excessive urban migration.

Opportunity-seeking on the other hand, arises when the facts suggest that a

particular action may result in opportunities for the agency or the community. For

example, the strategic decision to construct a dam across a river may be aimed at providing

more agricultural land, jobs and development for the community. Also a decision to

computerize land records based on the knowledge that the information would be useful as

decision support resource for efficient land management operations. Both problem

detection and resolution, and opportunity-seeking strategies are based, not upon instincts

and wisdom alone, but on analysis of available data, together with external factors, such as

socioeconomic and environmental conditions within which the agency operates (McCloy

1995, 342-347).


Planning and control, in the context of land management deals with allocation and

monitoring of resources in land with a view to maximizing efficiency by putting land to its

best use while ensuring the welfare of the community and the sustainability of the available


Adjudication is the determination of rights in parcels of land. The procedure

involves identification of the types of rights in the land, the persons in whom those rights

are vested, and limitations to the enjoyment of those rights. The adjudication process is

used by the operational units to eliminate defects in land titles by judiciously applying the

legal principles that define land ownership (Dale and McLaughlin 1989).

Due to the broad scope of land management activities, the following section is

focused on the cadastral aspect of land management operations, which involves land

survey, land titling and registration, and in the case of fiscal cadastre, valuation and


Land Survey

Land survey is a process for providing the geometric framework for mathematically

defining land parcels. As an essential land management tool, survey plans and maps are

used for planning and controlling development, for redefining disputed and uncertain

boundaries, and for defining property, political and geographic boundaries. Different types

of land survey activities are conducted for different purposes. For example, cadastral (land

inventory) surveys are used to establish property boundaries and to determine sizes and


shapes of the parcels over which individual rights exist. Cadastral survey of the mutually

accepted boundaries ensures that the boundaries can be replaced if they are destroyed.

Wherever possible, cadastral surveys should be tied to a network of pre-established

control points which were connected to a geodetic reference frame. The global positioning

system (GPS) and advances in modem surveying technologies have made it easier to

connect more survey works to the geodetic reference framework. With advancement of

computerized information management systems, survey plans and maps, in electronic

forms, have become an integral part of a land information system (LIS). These approaches

facilitate the integration of information because it is referenced to some spatial reference


Land Titling

Land titling is the process of issuing valid property titles by a recognized state

agency to existing occupiers of the land who do not have legitimate titles. The land titling

process confers official recognition of individual rights to the use of any particular parcel.

In a title registration system, such as the Torren's system in Australia, where some

guarantees are offered by the state against inadvertent loss due to an error in the

registration process, the title provides the unimpeachable proof of ownership and therefore

tenure security (Dale and McLaughlin 1989, 26) to the individual. Land title records

constitute a step towards land records compilation for the government. As documentary

evidence of ownership, the title may show types and limitations of any rights that are

exercised over the particular parcel of land. There is a general belief that secure property


rights, in the form of registered titles, act as an inducement for investment in real property

and, in the longer term, contribute to increased productivity by the individual (Holstein

1990; Lemel 1985). Feder, et al. (1988) also have presented evidence to support the

notion that increased security of tenure by having title documents increased agricultural

productivity in Thailand by between 11 and 27 percent over comparable non-secure

properties. Land titling should be accompanied by a registration system in order to legalize

the ownership of the property.

Land Registration

Land registration is the process of recording information about legal claims to

parcels of land. Registration is done to ensure clear and unambiguous titles and to avoid

fraud and disputes pertaining to conflicting claims concerning the right of use and

enjoyment of any piece of property. The types of registration include :

* private conveyancing whereby the records of the transaction are handled privately

between the individual parties, sometimes in the presence of witnesses.

* the deed system where the copies of the transaction records are kept in an official

registry of the government or state.

* title registration in which a state organization maintains the records, sometimes with

some guarantees in terms of security.

In the past, most forms of land registration were classified as either deed registration or

title registration. Over the years, adaptations of the two systems have been implemented by

governments according to their objectives and suitability of the system to their local


purposes. The main differences between deed and title registration systems have been

documented extensively (Dowson and Sheppard 1968; Simpson 1984; Dale 1990; Larsson

1991). Since the focus of this dissertation is more on the land records and the process for

acquiring such data than on the legal and institutional aspects of land registration systems,

this distinction will be ignored. However, it is important to note that as a land management

process, the system of land registration can influence not only the physical and legal, but

also the social and economic environments (Dale and McLaughlin 1989) of any jurisdiction.

Valuation and Assessment

In order to generate revenue for development, procedures are adopted to assess and

to tax land as a resource. Property rating and assessment are two methods that

governments use for generating revenue from land for development (Dale and McLaughlin

1989, 47). With the property rating system, revenue is generated as a result of a property

assessment. The tax is applied to improvements to buildings, and other structures that have

been erected on the land, and the uses to which the structures are being put. With land

valuation, tax is determined not on the structure that have been erected on the land nor on

the land use, but on the basis of the value of the land itself as determined from the

improved or unimproved state. The revenue generation objective necessitates classification

of the uses of land parcels, and where necessary, the yield. This ensures a fair assessment

of tax liability. Land records for such purposes have been an integral component of the

original cadastree'.


Cadastre. The word cadastre has its origins in antiquity when it referred to a

register containing descriptions of land parcels, value, use and proprietorship. The original

purpose for cadastral records was to assess the liability for tax and to determine

responsibility for payment. Over time, the records began to show evidence of land rights

(Simpson, 1984). Dowson and Sheppard (1968, 47), remarked that:

"... it is impossible to give a definition of cadastre which is both terse and
comprehensive, but its distinctive character is readily recognized and may be
expressed as the marriage of:
1. A technical record of the parcellation of the land through any given
territory, usually represented on plans of suitable scale, with
2. Authoritative documentary record, whether of a fiscal or proprietary nature
or of the two combined, usually embodied in appropriate associated

Today, the term cadastre is used to imply a parcel-based up-to date record of rights, and

responsibilities in land (FIG 1996).

The cadastral record includes a graphical delineation of the land, to which other

descriptive records pertaining to ownership, types of rights, and sometimes the value of the

parcel and any record of improvements on the land are linked. Such pieces of data are

contained in the land survey, land registration, and the valuation and assessment records, as

shown in Figure 2-2. The use of cadastre has broadened to an extent that in situations

where standards for its creation and maintenance can be ascertained in the judicial system,

the cadastral record may have legal status which is recognized by the courts, not only as

property description, but also for confirming right of use to the registered owner (Larsson

1991). The cadastral map can also serve as an index to other legal records such as

mortgages and liens. Currently, there are three distinct types of cadastral records (Simpson


Figure 2-2: Components of a cadastre

1984; Dale and McLaughlin 1989);

1. Fiscal cadastre which refers to a register that has been compiled primarily for

property valuation and tax assessment as a source of revenue generation for the

government. As an information resource, it also serves as an instrument for

administering the policy on land taxation system. It provides the information base

for equitable and efficient tax assessment.

2. Juridical or legal cadastre which contains records of the legally recognized record

of land ownership as a means of avoiding conflicting claims to the use and

enjoyment of the parcel of land. It also provides a means for legally transferring

those rights or interests, either through sale, lease, or mortgage. As an information

resource, legal cadastres provide the information base on land ownership to assist

planners in their efforts to sustain development and curtail abuse of the land.

-- ---------------------------.-----

Land Survey Data

Land Registration Data

Land Titling Data

Valuation and
Assessment Data



3. Multipurpose cadastre is a combination of both the fiscal and the juridical as well

as other parcel-related information. It provides a variety of land tenure,

registration, and information services that are required by the community and other

land management agencies (McLaughlin 1975).

While the origins of cadastral record compilation may be tied to tax collection of the olden

days, principles underlying the cadastral register have been adopted around the world due

to the amount of information that can be derived from an analysis of the records.

The operational components of land management involve decision-making as well

as selection of choices among possible options. The availability of information in an

appropriate form can reduce the amount of uncertainty among the options. For efficient

performance, therefore, operational agencies require an information support system in

order to make sound land management decisions. Information support systems are

discussed in the next section.

Information Support Systems

Information is the basic ingredient for sound decisions. In a decision-making

situation, data alone can be overwhelming. Within any organization, better information

leads to a better understanding of a situation, and thereby, the possibility of a better

management decision. The need for a timely and informed decision calls for innovative

ways to not only access accurate and up-to-date information, but the tools to analyze the

available data and present the information in useful and easily comprehensible ways.


Activities within the operational units of land management in Figure 2-1 can be

viewed as a series of decision making processes. Information pertaining to the land are

needed to support decisions concerning the operational aspects of land management.

Through decision-making processes, rights, restrictions, and uses of the land are

continually revised so as to sustain development and maintain the maximum utility of the

land. For example, the rights and restrictions applied to peri-urban land in a developing

country may change once the area is integrated into the urban town. Administrative

control is transferred from the community to central or district government. Different rules

and regulations are applied to the transfer, sale, and use of what used to be village or

community land. Similarly, the use of a particular piece of land may change from residential

to commercial in order to keep pace with development and to satisfy the need to provide

amenities for the residents. Land managers need adequate information pertaining to the

land for planning, managing, and controlling its resources.

Many of the developing countries that maintain cadastres still use rudimentary filing

systems. With population increases and an associated upsurge in demand for land and

parcel-related transactions, there is an increased need for more refined information to

support decisions in land management. These situations call for a need to record details of

land parcels in an organized manner. Depending on the number of files, volume of

information, methods for cataloguing, and storage of files, information retrieval can be an

onerous task. In most developing countries, the inadequacies of information pertaining to

the land pose serious constraints on land administration and resource management.

Without knowledge about the land ownership and type of tenure, development programs


are difficult to initiate. Land-related information which is embodied in the cadastre, is being

increasingly recognized by governments as valuable resource for decision-making in land

management (Dale 1991).

Governments of many developing countries are reorganizing their cadastral records

so as to derive the benefits of effective land administration. The governments are doing this

by ensuring that rights in land are identified, recognized by the state, and are recorded in a

suitable form. Examples of such activities are found in Peru (Palmer 1996), Bolivia (World

Bank 1995), and Asia (Burns et al. 1996). Land records are also being converted into

digital format so as to harness the benefits of technological advances in data management

and information processing with the use of computers.

Advances in computer technology during the latter part of the 20"' century have

contributed immensely to the growth in the use of information handling technology. This

technology has offered decision makers the tools to adequately analyze voluminous

amounts of available data and the ability to model the effect of decisions, even before they

are implemented. This opportunity provides a means to perform ad hoc queries in order to

arrive at a viable option when it comes to decision making and allocation of resources.

In Figure 2-1, the information support system in land management has been

grouped into four broad categories: environmental, socio-economic, infrastructure, and

cadastral (Dale and McLaughlin 1989, 11). Each group can serve as an independent land

information system.

Environmental Information System

The focus of an environmental information system is to provide information about

factors which influence human health as well as ecological and economic impacts of land

use. The objective of the system is to protect and improve air quality as well as land and

water resources from degradation and abuse.

Human activities are not the only the only factors that can adversely affect the

quantity and quality of the resources. Naturally occurring phenomena such as volcanoes,

earthquakes, tornadoes, hurricanes and forest fires are all factors which impact the

environment and hence human survival. Therefore, an environmental information system is

used to address issues associated with human activities and programs that affect the

environment at local, regional, or global levels. Examples of environmental issues would be

wetland depletion due to rapid and unplanned development, impact of development on

endangered species and degradation of the ecological system, flood analysis, and pollution


Socioeconomic Information System

Socioeconomic information systems include census, demographic, and statistical

data which are essential to government agencies for planning. Several different types of

data are gathered during a population census which are used by governments to monitor

progress of development and to plan for the future. The information derived from the data

helps to redefine priorities with regards to development objectives and to re-allocate

resources with respect to amenities such as schools, housing, infrastructure, and other


needs. By themselves, socioeconomic data may not qualify as land information. However,

when demographic data are referenced to a spatial location, the data become land-related

and therefore could be used as an input into a land information system.

Infrastructure Information System

Also referred to as Automated Mapping and Facilities Management (AM/FM), an

infrastructure information system is used for managing engineering and utility structures

such as pipe lines, telecommunications, transportation, and underground facilities. In

general, utility companies have the same requirement as parcel-based record keeping to

maintain records of their transmission and distribution networks, and to make decisions

regarding system capacities to meet public demand based on growth potential. With a

infrastructure information system, it is possible to forecast demand for utilities, plan

extension, locate plants for maintenance, and provide service connections. Land Managers,

in turn, benefit from such an information system by obtaining up-to-date information on the

development of the land so as to strategically plan for the location and magnitude of future


Cadastral Information Systems

Information pertaining to land parcels and land ownership and use are always

needed by several agencies for land management purposes. Reliable land records on their

own, do not provide solutions to land management problems. However, they do provide

the resource through which solutions can be devised and implemented. Whether the


cadastral records are kept in a manual filing system or in a computerized format, a cadastral

information system provides the government and other interested parties with a complete

and up-to-date inventory of land holdings and land use patterns for a particular jurisdiction.

A cadastral information system, as illustrated in Figure 2-3, is a system comprised of

computer hardware, software, database, and human resource, which operates on cadastral


The cadastral data may vary in accordance with the goals of the cadastre. Whereas

a legal cadastre will have information about the legal description of individual parcels, the

fiscal cadastre will contain such information as land value, land use, and tax liability. Other

information such as ownership, shape, area, location, and owner's address may be common

to both fiscal and legal cadastres. The system may be linked to other records such as data

at the land registry or utility records. The records are compiled from affidavits, signed or

notarized documents, maps, documented evidence, boundary identifiers, adjudication

records, files, and other legal documents that contain relevant information about the parcel.

In a dynamic land market, cadastral information is the most clearly documented type of

land information because ownership of properties changes every so often. Proper records

maintenance and updating procedures must be adopted in order to keep the data current.

A computerized cadastral information system allows analysis and synergy of information in

support of land management activities.

Grouped together, information support systems as shown in Figure 2-1, are referred

to as a Multipurpose Land Information System (MPLIS). Multipurpose land information

systems are recognized as a valuable resource for effective decision making in land





Figure 2-3 Components of a Cadastral Information System

management (Dale 1991). In most developing countries the inadequacies of information

pertaining to the land pose serious constraints on land administration and resource

management. Since 1985, emphasis in many countries has been placed on ensuring that

rights in land are identified, recognized by the state, and are recorded in a suitable form.

Examples of such activities are found in Peru (McLaughlin and De Soto 1994), Bolivia

Human resource

Land Registration

Historical data
Other encumbrances

Cadastral Data

Legal Cadastre
Legal description

SShape of parcel
I Area
Spatial Location
I Administrative location
Cadastral plans
Owners's Address
Tax liability
I Fiscal cadastre


(Barnes 1994a; Barnes 1994b), Asia (Burns et al, 1996; Feder and Nishio 1996), and the

Republic of Belarus (Bloch 1996). Such activities involve graphical delineation of the

property boundaries followed by an association of the relevant descriptive information.

Several approaches have been adopted to produce a representation of the property

boundaries. The approaches range from rudimentary land survey methods, such as the use

of the surveyor's compass and linen tape, to photogrammetric methods with variations

dictated by circumstances such as cost, time and technology. The next chapter deals with

current issues relating to graphical data capture and attribute data compilation.


Advances in computer and information technology have revolutionized the way

management decisions are made. Information systems are being utilized as decision

support resources to minimize the uncertainty in the choices that are made by management.

With cadastral information, technology is again impacting the method for capturing the

graphical data, the structure of the descriptive data, and organization of the cadastral

records so as to meet the information requirements of the jurisdiction. Current research

has focused largely on three distinct areas of the cadastral information system. These are

the structure of the cadastral model, the methods used to capture the graphical data, and

the organization and association of the descriptive data. This chapter deals with a literature

review and identifies current thinking in these areas, even though the state of technology in

Tanzania does not lend itself very well to the application of the latest technology.

Historically, land records have been compiled for public use, by the State or by the

private sector. Simpson (1984, 124) distinguishes between land records which have been

compiled for the benefit of the State and those that are compiled by private entrepreneurs.

Whereas information required by the private sector are those which facilitate dealings in

land such as conveyancing and mortgage, those that are required by the state are related to

issues such as taxation, economic planning and land management.


A cadastral information system, as has been shown in Figure 2-1, is a type of land

information systems which is central to the land management process in any jurisdiction.

Development of cadastral information systems in the developed world have been influenced

by factors such as technological advances in the latter part of the 20' century, the need for

improved methods of managing land and related resources, and efforts to protect the

environment. In recent years, the type and detail of cadastral information that is needed to

support particular societal and administrative needs have been changing with respect to the

changing needs of the society. In the 1980s, researchers focused on cadastral models to

identify the complex interactions between the cadastral information and institutional,

political, and economic development of governments. Later, Williamson (1990, 81)

observed that cadastral models and related studies which evolved in the 1980s clarified

concepts, identified essential elements and broadened the use of cadastral information. A

description of the different types of cadastres is presented in the next section.

Different Types of Cadastres

Today, many types of cadastral systems are in operation with varying degrees of

resemblance to the classical fiscal and legal cadastres. Distinguishing characteristics of

cadastral information systems include factors such as the spatial resolution and scale of the

source map, the type and characteristics of the information that are recorded, and the

professional responsibility for managing the data. The F6deration Internationale des

G6ometres (FIG) (1996, 3) has identified the following means of categorizing cadastres:

* their primary function. (e.g. tax, juridical or multi-purpose land management).


* the type of rights that are recorded. (e.g. sub-surface rights, mineral leases, or

private ownership, timber concessions, etc.).

* the level of state responsibility in ensuring the accuracy and reliability of the data.

(For example, some cadastres may have complete state oversight and responsibility

and perhaps state guarantee of tenure security whiles other systems may be

implemented with varying levels of public and private sector responsibilities for data

and information management).

* location and jurisdiction. (Distinguishes between urban and rural cadastres as well

as centralized and decentralized cadastres).

* the way in which information about the parcel are collected. (Methods for

capturing cadastral information include digitizing from existing maps and plans,

aerial photogrammetry, ground surveys tied to a geodetic reference framework,

uncoordinated ground surveys and measurements, cadastral survey using Global

Positioning (GPS) methods, geo-referenced aerial photography, etc. Each method

contains a certain degree of positional accuracy which influences the spatial

resolution of the system).

Cadastral information systems are regarded as vehicles for economic growth and social

equity (see Palmer 1996; Holstein 1990; Holstein 1996). In consonance with the modem

concept of information synergism, funding agencies such as the World Bank, the United

Nations(UN), International Development Bank (IDB), and the United States Agency for

International Development (USAID) are working with governments of developing

countries to reform their cadastral systems and to modernize their land records. Cadastral


information models have been developed based on needs and priorities. Below are reviews

of some of the existing cadastral information models.

Existing Cadastral Information Models

Perhaps the earliest attempt to establish some connection between the information

provided by the central components of the cadastre and information required by the

government for socioeconomic development and land management was presented by Dale

(1976) in the United Kingdom and McLaughlin (1975) in Canada. Dale presented a

cadastral model that was comprised of central process elements which were influenced by

external factors. The external factors consisted of a broad spectrum of factors ranging

from government, education and professionalism, to legal issues and socioeconomic

factors. The central processes consisted of adjudication, demarcation, survey specifications,

survey methods and boundary description. The central processes were linked by output

elements and some feedback mechanisms. The output elements being the cadastral map,

title records, valuation and taxation, and planning and control elements. The feedback

elements for the model were the title legislation, land values, planning and control, and

boundary disputes.

An interesting point about Dale's model was the'fact that the boundary descriptions

served as the linkage mechanisms to the output elements. The key elements of the entire

model were the land survey and the boundary definition. It is not clear at this point

whether the model depicted a bias towards Dale's profession as a surveyor, but it is

obvious that at the time of its inception, the dominant factors regarding the cadastral


process were the boundary definition rather than land use or the resources within the

boundary. Other than simplified keywords, the use of long and verbose boundary

description as a linkage mechanism in a computerized environment would have presented

some coding problems, both in the amount of space required to store the code and the

processing time when it came to searching for an item. More importantly, since people use

different words and style in describing the same parcel, the descriptions of a boundary

could differs from one database to another. Dale's model did not envisage multipurpose

land information systems. McLaughlin (1975) presented the role of the cadastre within a

multipurpose land information management system and identified cadastral information as a

land management tool and a decision support resource. This became the cornerstone for

the cadastral models that are currently in existence.

The North American Model (NRC model)

McLaughlin's presentation was followed by a multipurpose cadastre model which

was developed by the National Research Council (NRC) in 1983 as a basis for a

multipurpose land information system for North America (see Figure 3-1). The model is

conceptualized as an integrated land information system for both administrative and public

uses. It was developed in response to growing concerns about how foreign land ownership

affects the balance of trade in the United States, land prices, access to farm land by young

farmers, intensity of land use, and community viability (NRC 1980, 12-13). The primary

objective was for land administrators to provide public administrators such as governors,

mayors, as well as Congress with information pertaining to land holdings, distribution and

Figure 3-1: NRC Model for a Multipurpose Cadastre (Highlighted)
Source: NRC (1983)

use within the North American continent. The NRC model identifies the components of a

multipurpose cadastre. A distinction is made between natural land information system and

cultural land information system. The model combines the cultural with the natural land

information system to form the multipurpose land information system. Whereas the cultural

LIS is based on the cadastral parcel boundaries, the natural LIS is based on other natural

boundaries. The two systems are spatially connected by a unifying geodetic reference

framework and the base map with data exchange conventions between the two data types.

The NRC model advocates the use of base maps containing natural and cultural features



Resource Environmental
Reoords Data




tied to each other in accordance with the level of accuracy with which the feature was

surveyed. The model proposes a reliance on the mapping standards that have been

established by the American Society for Photogrammetry and Remote Sensing and the

National Mapping Accuracy Standards which were established by the Office of

Management and Budget.

Williamson's Model

Williamson's model which was also developed with regard to the changing needs of

society, was designed in 1986 for Australia. The model is a centralized cadastral

information system which provides legal cadastral information support for local

government agencies. On the basis that a registration system is integral to the

implementation of the cadastre, Williamson attaches the same level of importance to land

registration as the cadastral overlay. The model attempts to show the importance of the

cadastral map and land registration in the design of a multipurpose land information system,

especially in Australia, where tenure security is guaranteed by the State. Here also the

topographic base map emphasizes the need for the base map on a geodetic reference

framework to ensure spatial consistency. The Williamson model obviously, does not

consider natural resource and environmental records as integral components of a

multipurpose land information system. Besides, the structure is identical to the cultural

LIS component of the NRC model except for the fact that Williamson's model proposes a

land information center as a link between the cadastral database and databases of

independent government authorities are established (Williamson, 1986).

Figure 3-2: Williamson's Multipurpose Land information model
Source: Williamson (1986).

The Developing Country Model

This was developed by Williamson and Jeyanandan in 1990 with particular

reference to developing countries (see Figure 3-3). The model recognizes interaction

between people, land, social groups and cadastre. In this model, block parcels which seem

to be the underlying graphical layer are not tied to any geodetic reference framework.

There is no indication as to how the cadastral map will be registered with other maps





Figure 3-3: Cadastral Model for Developing Countries
Source: Jeyanandan and Williamson (1990)

produced by other agencies. Also this model focuses on cadastre and does not consider

natural features as a component of the land information that will be required by say, the

planning and development agency. The cadastral blocks are designed around the social

groups. Block boundaries, which may be individual communities, form the basic unit of the

cadastral map, and are relatively permanent and identifiable on the ground. Proprietary

land parcels within the blocks are also recognized. According to Jeyanandan and





Williamson (1990, 91), the special features of the model are;

* Boundaries of blocks are relatively permanent, identifiable on the ground and

therefore recognized even without maps.

* Enables preferences for cadastral products through comparison between blocks and

selective education of people, who hold rights within a block.

* Enables evolution of cadastral system and facilitates selective intervention in land


* provides the basis for reorganizing land and other data on a geographical (block)


* Flexibility in, the size of the blocks, use of technology, and cadastral practices.

* Involves very little additional resources but provides for orderly improvement of

cadastral system in keeping with user demands in specific spatial areas.

The Wisconsin Land Information Model

The Wisconsin Land Information Program was initiated in 1985, in response to

demand for information about the land by both the private and public sectors of the

community. A multipurpose land information system for the state of Wisconsin was

established in recognition of the fact that:

a wide variety of land records exist in the form of record books, paper files,
maps, charts, and many other formats.
different land records might be collected at varying levels of detail and
accuracy or might be mapped at different scales (Merideth et al. 1990,
The system was developed to provide among other things, a standard foundation for


accurate geographic referencing of land information. The requirement was an accurate

large scale maps which show small areas in detail. To the committee, details were essential

for decision-making because of their ability to allow comparison of the areas and attribute

of various locations. To a large extent, the Wisconsin model followed the North American

MPLIS(1983) model except that instead of a base map, layers of homogeneous accurately

surveyed graphical layers such as parcels, zoning, flood plains, soils, and registered

together with a geodetic reference framework (NAD83). This approach provided the

option to form composite overlays by integrating layers as needed. For accurate graphical

overlays, Digital Line Graphs (DLGs) of 1:24000 scale and 7.5 minute topographic maps

were initially used with the understanding that more accurate, precise, or detailed

information would be incorporated into the system whenever they become available

(Wisconsin Land Records Committee 1987, 23).

The unique thing about the Wisconsin program is the separation of the layers and

the ability to form composite overlays. However, the need for accurate graphical layers

implies that, for a country like Tanzania, where data have been captured with different

levels of detail and accuracy would necessitate a re-survey of the jurisdiction in order to

obtain a map whose accuracy is uniform across the entire jurisdiction.

Other researchers (Fourie 1993; Davies and Fourie 1996) hold the view that the

model should be dictated by the social structure. Modem cadastral information systems

consist of three parts; a graphical database which contains information that depicts the

subject land, a descriptive part which may be one or more databases containing the list of


proprietors and other descriptive information that are relevant to different operational

agencies, and a linkage mechanism which in most cases is the parcel identifier that links the

graphical and descriptive databases together. Irrespective of the cadastral model,

institutional arrangements and management procedures, organization of these components

affect the usefulness and applicability of the cadastral information.

Spatial Data

"The base map is a graphical representation, at a specified scale, of selected

fundamental map information, used as a framework upon which additional data of a

specialized nature may be compiled (NRC 1983, 37)". Within the context of a cadastral

information system, the base map

"... provides a primary medium by which the locations of cadastral parcels can be
related to the geodetic framework; to major natural features such as bodies of
water, roads, buildings, and fences; and to municipal and political boundaries...
(NRC 1983, 39)."

Procedures for capturing and presenting graphical cadastral data as well as for producing

base maps have undergone technological changes. The biggest changes are occurring in

the application of aerial photography for base mapping purposes. Over the years, base

maps have been produced from rectified and unrectified aerial photographs, and digital

maps, in either vector or raster formats. Advances in computer technology are opening

new ways for processing aerial photographs for cadastral purposes, such as soficopy

photogrammetric methods. In the next section, issues related to current spatial data

capture methods are discussed.

Spatial Data Capture

In the past, cadastral boundary data have been captured by traditional ground

survey methods. Equipment for such types of surveys have ranged from the plane table,

tapes and compasses, and transit theodolites to electronic distance measuring (EDM)

devices. Whereas these instruments have not been eliminated completely, Total Stations

and Global Positioning Systems (GPS) technology have become equipment of choice.

Cadastral boundary data are depicted as vector representations of the spatial features.

Aerial photography has gained popularity due to cost and time savings when surveys of

large areas are involved, and also, the fact that photographs enhance the communication of

spatial information. People naturally relate better to information depicted on photographs

than on conventional line and symbol maps. GPS methods have also been used to extend

survey controls so that aerial photography or other ground survey methods can be used to

capture the data. Aerial and other photographic forms of data capture are often converted

into raster representations.

Although spatial accuracy is not the focus of this dissertation, it is worth

mentioning that the ground resolution of pixels in the raster image influences the spatial

accuracy of the features. The use of GPS for cadastral surveying is still in its infancy (see

Barnes and Eckl, 1996), although the results are promising.


Parcel Identifiers

In any computerized records system, special techniques are required to define and

uniquely identify the land objects or entities about which data are to be recorded in order to

associate the graphical database with the attribute information. In 1972 the committee on

Compatible Land Identifiers: Problems, Prospects and Payoffs (CLIPPP), noted that parcel

identifiers have to be unique, simple, permanent in utility, flexible, economical and

accessible (Fisher and Moyer, 1973). Recommendations from the CLIPPP committee

included the use of coordinate of the centroid of parcels, the maximum and minimum

values of the Easting and Northing coordinates of the parcel, and the block system,

whereby the blocks are given sequential numbers. The National Research Council of

Canada (1976) identified three methods for unique parcel identification; the hierarchical

system, grid-based identifiers, and hybrid identifiers.

Hierarchical identifiers represent parcel entity identification structure based on

stratified political or administrative units such as Federal, State, County, Town, Ward,

Block, and lots. Other forms of hierarchical structure are the Public Land Survey System

which is used in most of the United States, as well as the Census Tract and Block system.

Grid or graticule system involves the identification of parcel entity based on

geographical or Cartesian coordinate system in a spheroidal or ellipsoidal system. The

centroid or the maximum and minimum coordinates of the boundaries are used as the grid

identifier. The disadvantage is that, as the coordinates are adjusted occasionally due to

improved measurement technology and better mathematical model for the shape of the


Earth, the identifiers would have to be corrected with every modification of the coordinates.

The min-max approach also assumes that all parcels will be rectangular in shape.

For a hexagonally-shaped parcel however, the min-max coordinates will lie in someone

else's property. The same situation may occur for an L-shaped parcel if the coordinates of

the centroid of the parcel is used as the identifier.

The NRC (1983), considered name-related, alphanumeric and location-based

identifiers. Name-related identifiers associate individual names and the legal entities over

which their interests exist. The grantee-grantor index is an example of such association.

Ignoring the fact that duplicate names are common in many jurisdictions, name-related

identifiers require that identifiers be changed whenever an interest in the parcel gets


Whereas there is no dominant choice for a unique parcel identifier, computer

technology and database management systems facilitate the use of multiple indexes for a

multi-purpose land information system. As noted by NRC (1983, 64), the ultimate choice

for a parcel identifier should be dictated by local needs and resources such as the need for

accessibility and effective management of the identifiers. In this regard, uniqueness,

simplicity and economy of maintenance are more important. Since the CLIPPP conference,

different jurisdictions such as Dade, Palm Beach, and Broward counties in Florida, have

developed suitable, yet independent, parcel identifiers internally.


Data Management

One of the responsibilities for Land Information Management personnel, is to

integrate the graphical record with descriptive information from other databases. The

technology for maintaining and manipulating database has been undergoing evolutionary

changes since the early 1960s. In this section, databases that are currently operational as

well as those that are in developmental stages are presented. Their applicability to land

information management and analysis are discussed in order to justify a suitable choice of

database technology for the Tanzania project.

The evolution of modem data organization methodologies began in the early 1960s

with the development of System Design Life cycles (SDLC) (Lee, 1997). Such systems

provided some control over the organization of the data but limited assistance with regard

to analytical operations (Rhine, 1995). Data were stored in flat files, hierarchical files,

network files, etc. Structured methodologies which evolved in the 1970s provided more

effective analytical tools and extended design methodologies. These were achieved by

structuring the data into elemental forms and focusing on the modeling of entities and data.

Codd's (1970; 1979) relational model, along with the structured query language (SQL)

gained support because it provided LIS users with query capabilities which were not

available before. The logical structuring of the data determined the degree of flexibility

within the system. However, the inherent deficiencies in the relational database model and

entity relationship concept influenced the object-oriented methodologies of the 1990s

(Yourdon 1994).


Object-oriented technology is regarded as the cutting-edge approach for data

modeling, analysis and software design (Lee 1997). The object-oriented principle is based

on the assumption that people generally think in terms of objects rather than entities or

functions. Objects are direct representations of real things that people perceive when

communicating or describing characteristics of entities or things (Yourdon 1994; Usery

1996). The object-oriented principle incorporate the inheritance and encapsulation

characteristics of data into an integrated whole (Yourdon 1994). Despite the power of

object-oriented technology, very few software packages have been developed to harness

the capabilities of the technology. Below is a description of the data file formats that are

currently in use for LIS operations and their advantages.

Flat Files

Flat files are traditional "spread-sheet type" systems without full database

management support. Flat files contain tabulated data in rows and columns. The rows

contain the records and the columns represent the fields or items. Ordering of the rows

within the table has importance for the ways in which data can be accessed. Data retrieval

is done by means of search keys which index the occurrence of values for a specific field.

Any item (column) within the table can be used as the search key. Searches within the

table may be done sequentially, by binary search, or by index search. The efficiency of

sequential search depends on the location of the record which is being searched. If the

search key is changed to another item within the table, the table has to be sorted again with

the new key.


A faster, yet resource intensive, method is the Indexed search which relies on a

separate index table to search for records. A separate table containing the key of every

record as well as an address pointing to the data location of each key is associated with the

data. The index is sequenced and the search is done on the index rather than the data itself.

Because the index table is smaller than the table of data itself, searching of records is faster.

Even though early LIS implementation used Flat files to associate the graphical

overlays, Flat files are severely limited in their utility to LIS applications due to their limited

flexibility. They are simple and efficient for specific repetitive tasks such as transaction-

based information (e.g. in the retail industry and banking activities).

Hierarchical Files

Hierarchical database system works like a "family tree" relationship. With

hierarchical files there is always more than one record in the file. One record is the

"parent" or master, and it can be associated with any number of "children" or detail records

through internally assigned pointers. The detail records can also have children assigned to

them. This establishes a one-to-many relationships among the files. The advantage of this

system is that it allows multiple sets of identical attributes to be associated with any given

record without storing those repetitive data in separate files. Linking of files is done with

pointers which provides some flexibility in relating data between records. One major

limitation with the hierarchical file system is the fact that data in the detail record can only

be accessed by first accessing the master record.


An improvement to hierarchical files are the Networked databases which allow

detail records to be accessed with more than one master record. This establishes a many-

to-many relationship between the files. The advantage is that if any record needs to be

updated, it can be done on only one file. The drawbacks to the networks are as follows:

* Logical linkages among files multiply as new databases are added to the system.

* In complex networks involving large databases, the amount of storage required for

the pointers can be larger than the database itself.

* Management of the pointers, as records are added, new fields created, and linkages

created as data values change can become cumbersome and in danger of being


Relational Databases

The relational database concept was developed by Codd in 1970 (Date 1991, xi;

Healey 1991, 257). The concept is based on the mathematical theory of relational algebra.

Relational databases allow related records from different tables to be associated without the

use of pointers. Relationships are established through common items within the structure

of the tables. Values in a column or columns in one table are matched to corresponding

values in the column or set of columns in another table. From the second table another set

of matching tables will be associated. The linking continues until all the databases have

been joined. In order to prevent data redundancy in the relational system due to the


commonality of items in the relations, relational designs follow Codd's theory of normal

forms (Healey 1991, 258-259) which specifies that:

1. All tables must contain rows and columns and atomicity (i.e. no repeating groups of

data) should be enforced among values within columns.

2. Every column which is not a part of the primary key must be fully dependent on the

primary key.

3. Every primary key must be non-transitively dependent on the primary key.

Normalization. The join mechanism matches column values between tables using

the common item. Normalization of the relational system is based on the principle that a

set, as mathematically defined, cannot have duplicate values. Since a table is a set, it

cannot have rows whose entire contents are duplicated. In addition, each row must be

different from any other. It follows that the values in a single column or a combination of

values in multiple columns can be used to define a primary key for the table. No column

that is part of a primary key can have null values since this could have the potential for

permitting duplicate values. Healey (1991) lists the advantages of the relational databases

as follows:

1. Rigorous design based on sound theoretical foundation.
2. All other forms of database structures can be reduced to a set of relational
tables, so they are most general form of data representation.
3. Almost unlimited flexibility in forming relationships among data items
without the limitation of linkage management.
4. Ease of use and implementation compared to other types of systems.
5. Modifiability which allows new tables and new rows of data within the
tables to be added without difficulty.


6. Flexibility in ad hoc data retrieval because of the relational join mechanism
and powerful SQL facilities (Healey 1991, 259)."

Due to the volume of data that may be associated with a typical Land Information System,

Database Management Systems (DBMS) have become integral to LIS. Data modeling

techniques, such as entity-relationship model, have become the key element in designing

spatial databases. The Relational model has dominated LIS database applications due to the

design of commercial software to harness the advantages of the relational construct over

older models such as inverted lists, hierarchical files and networked files. The relational

database model with the Structured Query Language (SQL) was chosen system for

Tanzania. It is recognized at this stage that as the object-oriented technology gains

popularity among land information managers, the land administrators might change to the

object-oriented system.

In the next chapter, attention will be focused on the administrative arrangements

which support land management activities in Tanzania. A study of these arrangements as

well as data processing procedures will be analyzed in order to develop approaches for

modernizing the cadastral records and implementing land information system for Tanzania.


Following the discussion on land management taxonomy in Chapter 2, where

typical land administration agencies were identified together with the necessary information

support systems, a review of current issues in the data capture and management activities

were discussed in Chapter 3. This chapter deals with the land management arrangements in

Tanzania, the responsibilities of the established agencies, and their data capture and data

management procedures. In this chapter, problems with existing land management

arrangements and procedures are identified. A study of the history of Tanzania reveals that

some of the problems associated with the Tanzania land delivery process can be traced to

colonial times. A brief review of the evolutionary process of the current land tenure system

in Tanzania has been given in Appendix B. Approaches are developed in the subsequent

chapters to eliminate or reduce the impact of the problems.

At the State and regional levels, land management administration in Tanzania is

handled by the Ministry of Land, Housing and Urban Development (MLHUD). At the

local level, the responsibility falls on the Ministry of local government. Reorganization of

land records in Tanzania required a study of the land management arrangements that have

been instituted by the government. This study was accomplished through field visits to

thirteen of the twenty regional capitals and interviews with land administration officials in


both the regional and local government offices. The study focused on the legal instrument

and operational guidelines that defined objectives and responsibilities, organizational

arrangements for meeting those objectives, and data capture, storage and processing

methods, record management practices, and information dissemination, both internally and

with other agencies. The responsibilities of agencies that operate on a national level were

compared with those that operate on a local level, in an effort to identify overlapping or

conflicting responsibilities between agencies. The results of this study provided the basis for

the land record reorganization approach and data processing methods. In order to

understand the land management arrangements in Tanzania, the administrative

arrangements within which land management activities are described.

Administrative Arrangements within Tanzania

Tanzania is divided into 20 administrative regions (see Table 4-1), each region

having a capital city. For administrative purposes, the city of Dar es Salaam, which is the

national capital is also a region by itself. So is Dodoma, the proposed State capital which

will replace Dar es Salaam once the infrastructure development has been completed.

Table 4-1: Administrative Regions in Tanzania

Dar es Salaam Arusha Mtwara Kigoma Iringa
Coast Tanga Lindi Mara Rukwa
Morogoro Dodoma Mwanza Shinyanga Ruvuma
Moshi Singida Kagera Mbeya Tabora


Each region has offices for regional planning, surveying and mapping, land and title

registry. However, all major land management decisions concerning all the regions are

made in Dar es Salaam, except Dodoma which by legislation, has autonomy in land

management decisions.

At the national level, the Ministry of Land, Housing, and Urban Development is

responsible for land planning, allocation, title processing and registration, property

valuation and assessment, and legal issues in land within Tanzania. These responsibilities

are handled by the Urban Development, Surveys and Mapping and Land Development,

Valuation and Legal divisions in the Ministry (see Figure 4-1). Sections with specific

responsibilities have been described below.

Organizational Arrangements within MLHUD

The Urban Development Division

The Urban Development Division currently operates under the Tanzanian Town

and Country Planning Act of 1956, which was revised in 1961. The Division is responsible

for defining and planning the use of all public land in Tanzania. Activities of this Division

include planning redevelopment areas, renewal of blighted urban areas, re-designation of

land use, and monitoring of development to ensure compliance with the development

program in accordance with master plans of cities. The division is headed by a Director of

Urban Development. The Director of Urban Development approves all town and village

layout plans prior to implementation. The Urban Development Division has five main

^.-.. ..-------. --._. -- .-.- -. --.- .- -- -
I Urban Design Urban land I
and Research CadastralDevelopment

Master Plans Topographic Rural land
and Geodetic Development I
Sites and Village and Land Registry
SServices Hydrographic

Urban Dev. Map
Control e Production Legal

Village Land Vaation

Figure 4-1: Organizational Chart of MLHUD

sections which are the Urban Design and Research, Urban Development Control, Master

Plan, Village Land Use Plan, and Sites and Services sections.

The Urban Design and Research section. This section is headed by a senior

principal town planner. The responsibilities of this section include planning redevelopment

areas (such as the central areas of Dar es Salaam), renewal of blighted urban areas, and

controlling the layout designs of the city. In addition, staff within this section conduct

research and designate high-, medium-, and low-density development areas. Classification

of development areas is based on socioeconomic studies of the communities within the


area. The result of the study becomes the basis for setting the size of individual lots within

the proposed area. High-density areas consist of small plots for low income people. The

parcels are usually 400 square meters in size. Medium-density plots are slightly larger with

sizes ranging between 400 and 800 square meters. Low-density classification is for

residential areas for high-income people. The plot sizes are between 800 and 1600 square

meters. The size of the land allocated for industrial use varies depending on the intended


The Master Plans Section. This is the section where master plans are prepared. It

is the policy of the government of Tanzania, to have five-year development plans for all

rapidly growing urban areas in Tanzania. The development plans are graphical layouts

showing the allocation of land for various uses in accordance with the rate of expansion of

the city. The development plans are referred to as the master plans. The Urban Planning

Division schedules the areas to be planned in accordance with available funds however,

councils within fast growing municipalities can request priority consideration for physical

planning of their community. In such circumstances, the municipal councils provide some

of the cost of preparing the master plans

Currently, there are up-to-date master plans for all major cities except Dar es

Salaam which was last prepared in 1979. The reason for failing to update the master plans

for Dar es Salaam is purely it cost which would require a large proportion of the resources

of the Division. This implies that the master plans of other cities will not be updated for

some time.


The Sites and Services Section. The main activities of the sites and services

section are for planning of squatter settlements, ensure that basic infrastructure such as

roads and water are available to the residents of those settlements, and that development

plans are carried out according to the design. Activities performed by this section are multi-

disciplinary and not restricted to planning. This section operates on a project-by-project

basis. The activities of the section are concentrated in Dar es Salaam.

Urban Development Control Section. This section ensures that development

agencies adhere to the existing master plans and to ensure that the local councils operate

within the development program. The section is responsible for resolving all land conflicts,

including those that emanate as a result of planning or allocation. The Urban Development

Control section stipulates development conditions and declares areas as ready for urban

development. This section ensures that the local councils operate within the guidelines of

the development program. The section also supervises the preparation of designs for urban

towns. In the regions, the urban town plans are prepared by the municipal councils, but the

development control section ensures that the designs conform with the set standards. The

section may recommend a change in land use for any particular area. Such changes are

recommended to the director and have to be approved by the minister for lands.

Village Land Use Section. The Village Land Use Section assists regional planning

officers in preparing village land-use plans.

The Survey and Mapping Division

The Surveys and Mapping Division provides survey services to government

agencies, maintains a geodetic survey control network, and prepares and maintains

cadastral and topographic mapping statewide. The Director of Surveys is responsible for

coordinating all public sector mapping activities and for maintaining records of all maps,

plans and surveys completed by government agencies. As shown in Figure 4-1, the

Division has four sections that deal with various aspects of surveying. The sections are

cadastral, topographic and geodetic, village and hydrographic, and mapping. There is a

survey department in each of the twenty regions in Tanzania. Although the regional

surveyors are responsible for the cadastral surveys within their regions, all surveys must be

checked in Dar es Salaam before they are accepted. This is a major bottleneck in the data

processing procedures within the Division. Surveyors are required to submit their field

notes, computation sheets, and a plot of the survey to Dar es Salaam for checking. A six-

man field computation checking team in Dar es Salaam has the responsibility of checking

survey work from the regions. For a timely computation checking process, the regions in

Tanzania have been divided into six zones and a technician is responsible for each zone.

The Cadastral Section. The cadastral section deals with demarcation of plots in

accordance to town planning drawings. These are physical layout plans for a development

area. The cadastral section is responsible for the custody of all original field survey records

and checking of computations of surveys from the regions. The demarcation layout from

the Urban Development division is submitted to the cadastral section on a base map which


may or may not be current. In laying out the demarcation, the surveyor has the authority to

change the design if he or she encounters any obstacles, such as existing houses or roads

that conflict with the town planning design. The surveyor lays out the plots as closely as

possible to the town planning design, but resolves conflicting issues on site. He or she then

surveys the comer monuments to obtain final coordinates. Staff at the computation unit

check all control surveys and demarcation surveys for computational and drafting errors

and recommend approval or rejection by the Director of Surveys. Deed plans of individual

plots are prepared from approved survey plans after the lots have been allocated.

The Topographic and Geodetic Section is responsible for all survey projects that

are related with national mapping and the establishment and densification of national

geodetic control network. The section is further divided into four units:

1. The geodetic surveys unit is responsible for planning, monumentation, surveying,

documenting, and maintaining national geodetic control points. The national

geodetic controls are first order, second order, third order, and precise leveling for

national vertical bench marks. The section has not executed any control extensions

for many years. Planimetric control densification is currently conducted by

cadastral surveyors whenever they need to extend control to a project site. Besides

that, no precise leveling has been done in several years.

2. The topographical survey unit is also responsible for all topographic surveys,

national mapping, and for providing data for the production of cadastral base maps

and national maps at various scales.


3. The international boundary surveys unit maintains the national boundary

monuments and is also responsible for resolving national boundary disputes.

4. The stores and equipment unit is responsible for logistics. The unit purchases

survey equipment, stores and maintains surveying instruments and camping

equipment for the topographical and geodetic section. The unit is responsible for

keeping stock of stationery, such as field survey forms and other materials needed

by other sections for performing their normal tasks.

Village and Hydrographic Surveys Section. The village mapping section was

established in 1970 in response to the government's desire to institute village governments

that would be the nuclei of national planning and development. The Village and Ujamaa

Act of 1975 required that village boundaries be known. One of the responsibilities of the

village and hydrographic section is to demarcate and establish village boundaries so that

title may be issued to the village committees. The section is headed by a senior surveyor

who is responsible for the planning, coordinating, and monitoring of the implementation of

village mapping projects.

Village mapping activities involve a series of seminars with the residents of the

village that have has been earmarked for mapping. The rationale of the seminars is to

educate the villagers on the intent and purpose of the demarcation survey and for the

surveyors to learn about their customary land tenure system in order to ensure that

residents are not unduly dispossessed of their property. The village mapping team uses

1:50,000 base maps and aerial photographs to map out village boundaries. The team visits


the boundary marker (if one exists) or establishes a boundary identifier at the position that

is mutually accepted by the representatives of the adjoining villages. The photo interpreters

identify the boundary marker in the photograph or its location (if the point is not on the

photograph). A number is given to the point and a textual description of its location is

made. In the office, a map is produced by photogrammetric methods and submitted to the

director of surveys for checking and approval.

Map production section. This is the section that is responsible for the

cartographic production of thematic, topographic and special purpose maps and atlases.

Maps of all categories, with the exception of the 1:50,000 scale-map series, are produced

by the staff in this section. The 1:50,000 scale-map series are normally contracted to

overseas contractors such as the Ordinance Survey of The United Kingdom or Kenting

Surveys of Canada.

Land Development Division

The Land Development Division deals with allocation of parcels, preparation and

issuance of titles, valuation and assessment of properties, registration of titles and

encumbrances, and resolution of disputes involving ownership. Responsibilities and

activities within this Division are regulated by the Land Ordinance (Chapter 113) and the

Land Registration Ordinance (Chapter 334) of the laws of Tanzania. These laws declare

all lands to be under the control and subject to the disposition of the president.


Some of the powers of the President to administer the land have been passed to the

Minister for Lands and subsequently, to the Commissioner for Land. Government Notice

124 of March 22, 1963 extends the power of disposition to land officers. In the office of

the commissioner for lands, specific land officers have been assigned the responsibility to

allocate land.

The Land Development Division has five sections (see Figure 4-1). The division

deals with all public land administration matters in Tanzania. The division is headed by a

commissioner for lands, whose responsibility it is, to approve all land allocations and to

endorse all certificates of occupancy. The commissioner's office maintains records of all

land transactions that pass through the Land Development Division. There is, therefore, an

open registry where records of all transactions relating to lands in Tanzania are kept. There

are five main sections in the Land Development Division; urban land development, rural

land development, land registry, legal, and valuations sections.

Urban Land Development Section. This section handles all matters relating to

urban land including;

preparation of Certificate of Occupancy in urban areas;

processing of land allocations that are made from the commissioner's office;

resolution of ownership dispute; and

approves transfers, mortgages, and leases that last longer than five years.


Rural Land Development Section. The Rural Land Development section has the

same responsibilities as the Urban Land Development Section, but with regard to rural

areas. In addition, this section deals with matters concerning the allocation of land for large

farms, the processing of village titles, rights of occupancies in village areas, trading areas,

and subdistricts.

The Land Registry is headed by the registrar of titles, who is responsible for all the

titles that are issued in the country. For land registration purposes, Tanzania is divided into

six zones. Each zone has a registry that is headed by an assistant registrar. Zonal registries

are located in Dar es Salaam, Moshi, Mbeya, Mwanza, Mtwara, and Dodoma (see Table 4-

2). This grouping is inconsistent with the grouping at the Surveys and Mapping Division.

The zonal registrars have the mandate to register titles within their zones. The

Table 4-2: Land Registration zones in Tanzania
(Zonal headquarters in italics)

Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6
Dar es Salaam Moshi Dodoma Mtwara Mwanza Mbeya
Coast Arusha Singida Lindi Kagera Rukwa
Morogoro Tanga Kigoma Ruvuma

responsibilities of the registrars has been clearly defined in the Land Registration Ordinance

(Chapter 334) of the laws of Tanzania. Three classes of documents can be registered at


the land registry: Certificate of Occupancy, land-related transactions, and collateral.

Chapter 334 of the Tanzanian laws lists 33 items that may be registered. Of these, 21 have

so far been submitted for registration. Some of the items submitted for registration include

acquisition of Right of Occupancy, caveat, registration as legal personal representative,

change of ownership, change of name, deed of variation, mortgage, revocation of right of

occupancy, and land transfer. After the commissioner has endorsed the certificate of title,

the document is sent to the zonal registries for the title to be issued. There are two systems

for registering certificates of occupancy--the "old system" and the "new system." Both

systems are described later in this chapter, but it will be mentioned at this point that the

major differences between the two systems are the numbering system and the filing method.

The Legal Section. It is the responsibility of the legal section to review all the

land laws of Tanzania, identify loop holes, and conflicting areas of the law. The legal

section recommends modifications to the attorney general. The activities of the legal

section include the preparation of deeds of variation, deeds of surrender, and deeds of

rectification. In addition, the legal section prepares the background information and

strategy for defense in all land-related legal actions brought against the Ministry and to

coordinate with the attorney general in the defense of the Ministry. One of the legal

actions the section handles includes claims for annulment of revocations of certificates of

occupancy that were made between 1971 and 1992 that were signed by the minister for

lands. The legal standpoint is that the minister did not have the mandate to sign those

revocations. According to the law, only the president can revoke an allocation of land.


Other cases include resolution of legal action instituted as a result of double allocation and

failure to follow the correct procedure either for revocation or reallocation.

The Valuation Section. For first time allocations, a land assessment report is

required to establish the fee to be paid by the applicant upon acceptance of the offer from

the allocating committee. It is the responsibility of the valuation section to assesses the land

rent. Actual property valuation is done to establish the value of improvement or develop-

ments that have been carried out on the land when the values are needed for compensation,

mortgage, transfer, or the determination of rental charges on a house. The procedure for

assessing rent for first time allocations id described later in this chapter.

The City Council of Dar Es Salaam

The City Council is a completely independent authority that operates under the

Local Government Act (1982) to develop and manage the resources within the city. The

council operates under the Minister for Local Government. This enables the City Council

to operate independently of the Ministry for Lands, Housing and Urban Development. The

Dar es Salaam City Council has jurisdiction over three districts; Ilala, Temeke, and

Kinondoni. Each district has a district lands officer. The City Council has its own land

surveyors, town planners, valuers, architects, and land officers who operate independent of

the Ministry of Land Housing and Urban Development. However, the town planning

drawings that are prepared for demarcation have to be approved by the director of urban

development before allocation can begin. The City Council maintains and updates its own


set of standard sheets (1:2500 scale maps), which the council uses as base maps for the

preparation of town planning drawings.

The Local Government Act (1982) authorizes the City Council to establish the

requisite administrative divisions to enable the council to function efficiently and

effectively. The City Council is guided by the policies of the Ministry of Lands, Housing

and Urban Development. Although the functions of the two ministries are clearly defined,

there seems to be overlapping responsibilities. The effect is that the two ministries

sometimes have different views on the resolution of certain problems that are associated

with land administration.

Existing Land Delivery Process

Land Delivery in Tanzania is done in two stages. The first stage(see Figure 4-2),

which is referred to as survey and demarcation, deals with subdivision of the land, physical

demarcation and monumentation of the parcel boundaries, and survey of the parcels.

briefly, the process begins with a request from the Commissioner for Lands. Layout plans,

depicting how the designated area should be subdivided, are prepared by the Urban

Development Division. The Surveys and Mapping division is responsible for demarcation,

monumentation and survey of the parcels. In places where the land has never been sub-

divided before, adjudication precedes survey and demarcation, to establish ownership and

rights to the use of the property. Upon successful checking and approval process, copies of

the subdivision plan are passed to the relevant offices including an allocation committee

Figure 4-2: Survey and Demarcation

which uses the map to allocate the individual parcels to applicants. The existing base maps

are updated with the new information.

The second stage involves allocation of the parcels to applicants, titling and

registration of the certificate of title (see Figure 4-3). It is the responsibility of the allocation

committee to assign the plots to successful applicants. The Land Development

Division is responsible for preparing and registering the certificate of occupancy. After

allocation has been done, certificates are prepared and sent to the Commissioner for Lands

who appends his seal to the title and endorses each certificate for authentication. The

jPrepare Cadastral
I n Plans


1_ Update existing
Base Maps

Figure 4-3: Allocation, Titling and Registration

certificate is finally registered by the Registrar of Titles. Copies of the registered documents

are then given to the respective owners.

Survey and Demarcation

The process begins with the town planner preparing the layout (which is referred to

as "town planning drawing") in accordance with the development phases of the master plan.

This is done using the base map of the area of interest. Normally, the town planners should


request the survey division for a current base map. In most cases, the base maps are so old

that it is a major task just to update them.

When the town planning drawing has been completed, the local Development

Committee has to approve and accept the layout. Upon acceptance, the plan is sent to the

director of urban planning for approval. A sepia copy of the approved layout is sent to the

region and the original is kept in Dar es Salaam.

A print of the town planning drawing is submitted to the Survey Division with a

request for demarcation. The task is assigned to a staff surveyor and execution is done in

accordance with survey instructions. The survey instructions are normally issued either by

the director of surveys or his representative. After demarcation, the layout is surveyed. Field

notes and computation results are submitted to the regional surveyor, who checks the work

and sends the completed results to the director of surveys for approval. The director of

surveys checks and approves the survey. Prints of the completed plan are made and

distributed to the relevant offices. The field notes become the property of the government. A

copy of the town planning drawing is sent to the regional lands officer who requested the

survey and demarcation. The print received by the regional lands officer is used by the

Allocating Committee to distribute plots to applicants.

Allocation and Registration

The land officer prepares a list of applicants who qualify to be considered for

allocation. There is a committee that has the responsibility for allocating lands in every

district and every town. The list is submitted to the committee that allocates the plots to the


applicants. In Dar es Salaam, there are three allocating agencies. These are the office of the

commissioner for lands, the urban planning committee, and land officers (under Government

Notice 124 of March 22, 1963). As there are always more applicants than available plots,

there is a genuine desire on the part of most members of the allocating committees to

distribute the land fairly. In most regions and districts, allocations are done on a first-in-first-

out basis. It is, however, difficult to overlook the request of a superior or a politician.

Once allocation has been done, the regional land officer requests the valuation office

for an assessment of land rent. There are criteria for assessing the rent for first-time

allocations. The valuation officer calculates the appropriate rent and prepares a report. The

regional valuation officer checks the figures and approves if everything is correct.

The land officer prepares a letter of offer that is sent to successful applicants. The letter

details the fees that need to be paid and the development conditions for that piece of land.

Some of the fees are to be paid at the land office while the other fees have to be paid

at the Inland Revenue office. The applicants are supposed to take the evidence of such

payments to the Land Officer, even though in most regions the Letter of Offer does not

mention it. The land officer prepares the Certificate of Occupancy and requests a cadastral

plan from the Surveys Division only when the advice of payments have been presented to

him. The cadastral plan is attached to the Certificate of Occupancy. The applicant signs the

Certificate of Occupancy before a land officer, a magistrate, or a commissioner of oaths.

The document is finally sent to the commissioner for lands (in Dar es Salaam) for checking

and endorsement.


At the office of the commissioner for lands, the certificate and all the relevant

documents are checked. Those that are found to contain errors are sent to the reception

desk pending further communication with the regional land development officer who

submitted the certificate. Certificates that are free from errors are stamped with the

commissioner's seal of approval and sent to the commissioner for signature. The documents

are finally returned to the zonal registry office of the region where the plot is situated, after

the commissioner for lands has approved the certificate and the statistics section has

extracted the necessary information from the documents.

The zonal registrar checks for any conflict of ownership, the correctness of the deed

plan, and anything that is required under Chapter 334 of the Laws of Tanzania. In the

absence of any adverse claims or reasons for objection, the title is registered.

Cadastral Surveying Processes within Divisions

Surveying and Mapping Division

The procedure for executing a cadastral survey in a rural area is slightly different

from the method that is used for urban surveys. Surveys in the rural areas are mainly for

physical demarcation of village boundaries, whereas urban cadastral survey are for plot

demarcation and survey. They both start with survey instructions from the office of the

director of surveys and mapping or any person appointed by him. In the regions, the survey

instruction may be written by the regional surveyor. The survey instructions contain the


coordinates of existing survey controls that may be used to connect and control the new

survey as well as a sketch of the area to be surveyed.

Survey of Rural Areas. The survey instructions contain details such as the location

and the shape of the land to be surveyed. Adjudication between neighboring communities is

done at the time of demarcation to ascertain the mutually accepted position of the village

boundaries. Sometimes it is found that the sketch that is attached to the director's

instructions is different from what the village communities perceive to be their boundaries.

In such circumstances, the boundaries as perceived by the communities are adopted.

Until recently, a photogrammetric method was used to demarcate village boundaries.

Using a 1:50,000 scale map and aerial photographs, the boundaries are identified and

marked on the photos. Photogrammetric methods are used to coordinate the boundary

markers and to produce maps. In situations where conventional theodolite traversing

method is used, accuracy requirements for village demarcations are 15 minutes of arc for

angular disclosure and 1:5000 in linear disclosure.

Surveys of urban lands are often for physical demarcation and survey of parcels.

The request for survey is preceded by an approved town planning drawing. The

commissioner for lands or his representative makes a request to the director of surveys and

mapping, who in turn, issues survey instructions. The survey instructions are either sent to

the Regional Survey Offices or to licensed survey firms. Requests for surveys may also be

made in the regions by the regional land development officer to the regional surveyor. The


survey instructions constitute an express authority for the land surveyor to enter upon the

land with his or her field assistants to carry out the survey.

Procedure for Carrying out Cadastral Survey. The field surveyor studies the layout

and identifies the location from an index map. Any existing cadastral control points in or

around the neighborhood are identified. Coordinates, reports, descriptions, and any relevant

information pertaining to the controls are extracted from files. All preliminary computations

needed to commence the survey task are done in advance prior to the actual field work.

The field procedure for setting out the parcels involves demarcation of the block

comers first. Measurements are made to ensure that the block comers have been located as

accurately as required in the survey instruction. A traverse is run to coordinate the block

comers. The traverse is computed to ensure that the positions of the points are within

acceptable misclosures. In urban areas, the allowable angular disclosure is 30n' seconds of

arc, where n represents the number of stations. Allowable linear disclosure is 1:6000.

Traverse adjustment is by the Bowditch method.

Setting out individual plots in a high- and medium-density area is done by extending

a steel tape horizontally straight along the line between two block comer points and driving

iron pins into the ground at the points where plot comers should be. Concrete mortar is

poured around the pins to make them more permanent.

In the case of low-density plots, the sides are measured rigorously and corrected for

slope, temperature, and where applicable, sag correction. Plot comers are marked with

concrete monuments and numbered sequentially. Such numbers are also shown on the


cadastral plans. In the office, the field notes are checked by re-computing all the data to

make sure that there are no errors. The surveyed plots are finally drafted. The original field

notes, computation sheets, and plan are sent to the director of surveys and mapping for

further checking and subsequent acceptance. A job that meets the required standards is

accepted and approved by the director. Field notes and all accompanying documents

become the property of the government.

In most cases where the survey instructions have been followed and proper survey

procedures applied, the resulting survey has been within acceptable tolerances and the job

has been accepted. Occasionally, the survey work has been rejected. In such situations, the

director of surveys and mapping requests that the work be done again.

Rejection of Cadastral Survey Job. Some of the reasons for rejecting a survey


failure to follow the survey instructions

failure to conform with the layout as shown on the town planning drawing

without adequate reasons;

failure to comply with accuracy requirements, either as specified in the

survey instructions, the Surveyors Regulations, or technical circulars;

survey work extending over or overlapping an existing survey; or

non-maintenance of road parallelism.


Relative accuracies of the cadastral control points. Different methodologies have

been applied at different times in different parts of the country during survey control

densification. Four different approaches have been used to establish survey controls;

triangulation method, the use of theodolites and Electronic Distance Measuring (EDM)

instruments, theodolites and invar tapes, and lately, global positioning system (GPS)

methods. Each of the methods has inherent levels of accuracy. Surveyors in both the public

and private sectors expressed the need to readjust the survey control network and obtain

unified coordinate values for all the control points as well as established levels of accuracy

between the different measuring processes.

New settlements usually start from the edge of the road and extended inland, away

from the road. In demarcating plots, the procedure has been to use controls points from the

edge of the road and close on other points along the same road. The controls that were

established during one cadastral survey were used as starting and closing controls for

subsequent surveys. This has been the procedure for extending cadastral controls especially

in the urban areas. By doing that, the errors in one cadastral survey got carried over to

future surveys.

Over the years, different disclosure levels have increased between different town

subdivision blocks along different roads. In the current situation, it is not recommended to

start a survey project from controls derived from a particular road and close on controls that

have been established from a different road, due to the possibility of having unacceptable

disclosures. In Dar es Salaam, misclosures of about two meters have been observed in


certain areas. This may translate to a fraction of a millimeter on a 1:2500 base map, but

unacceptable for cadastral survey by the Director of Survey.

Land survey and demarcation within Dar es Salaam. The procedure for

demarcating and allocating land begins with a request for a planning scheme by the city

planner. A request is made for a base map (1:2500 map) of the area to be planned from the

surveys section of the council. The base map is updated by the town planners using steel

tape and compass. The proposed layout is done on the updated base map. This becomes the

town planning drawing. After the town planning drawing has been prepared, the Urban

Planning Committee reviews the design and recommends whatever changes that the

committee might consider necessary.

The design is adopted when both the Urban Planning Committee and the city

planner's office are satisfied. The drawing is then sent to the Director of Urban Development

for approval. At the director's office, the drawing is taken through the normal checking

procedures, including ensuring that the design conforms with the land use scheme as shown

in the master plan of the area. Once the design has been accepted as conforming with the

master plan, the drawing is approved by the director on behalf of the Minister for Lands and

returned to the City Council for implementation.

The land surveyors at the City Council demarcate the land according to the design.

Survey field sheets, computation sheets, and a list of the coordinates are sent to the Director

of surveys and mapping for checking. The office of the director of surveys checks the


quality of the reference controls that were used for the survey, the method of survey, the

computations, and the misclosures of the traverses.

If the results are within the required standards of accuracy, then individual plot num-

bers are assigned. Otherwise, the drawing is returned to the city land surveyor's office for a

resurvey. Having assigned unique numbers to all the individual lots, copies of the plan are

distributed to various departments, including the city planner, city land surveyor, and the

city lands officer. The city land surveyor's copy is used to update the 1:2500 standard

sheets that are maintained in the office. Another copy is archived for future reference. The

copy that goes to the city lands officer is used to allocate the plots to applicants.

Land allocation. In Dar es Salaam, allocation of plots is done by the Urban

Planning Committee. The copy of the subdivision plan that is sent to the Commissioner for

lands is meant to serve, among other things, a notice to the fact that the parcels have already

been allocated. Sometimes the notice gets delayed to the extent that the commissioner's

office inadvertently allocates that same plot to other applicants. Genuine mistakes of this

kind are easily noticed when the owners commence registration of the certificate of


Requests for land under Certificate of Occupancy may be submitted to the district

land officer or the city lands officer. Requests received by the district lands officer are

forwarded to the city lands officer. All requests are compiled by the city lands officer and

submitted to the Urban Planning Committee. The Planning Committee meets to allocate the

plots to the applicants. Allocation is supposed to be done in the order in which they are


received (i.e., on a first come, first served basis). After the committee has made the

allocations, the city lands officer requests an assessment of each of the newly allocated


Upon receipt of the assessment information, the city lands officer prepares letters of

offer and sends copies to each of the applicants whose request was approved. The letter of

offer contains the terms of the offer, the fees that need to be paid, and the time within which

to pay the required amounts. Each letter of offer is prepared in quadruplicate. The original

goes to the applicant and copies sent to the commissioner for lands and the city lands

officer. The last copy is kept in a file at the District Land Office where the letter was


The recipient normally has 30 days from the date of the letter to accept the offer and

pay the relevant fees. After accepting the offer, the recipient also has three years to develop

the plot in accordance with the intended use (e.g., by constructing a house on it).

Property Valuation and Rent Assessment

As mentioned earlier, it is the responsibility of the valuation section to assess the

land rent. Assessment is done after an offer has been accepted. The land officer submits a

request to the valuer for land rent assessment for each parcel of land before the letters of

offer are sent to the applicants. As shown in Figure 4-4, the request for valuation is

submitted in the form of a letter to the chief valuer who records the description of the

property, the plot number, location of the property, the purpose of the valuation, and the

date of the application. The chief valuer then passes the file to a valuation officer for action.

Figure 4-4: Schematic Diagram of the Procedure for Assessing Property

The valuation officer asks the registry section to create a file for the job. A valuation number

is then assigned.

The file is returned to the valuation officer once a file number has been assigned. The

valuation officer then schedules a visit to the site of the property and collects the necessary

information. Subsequently, a report is written in which a value is assigned to the property.

The report is submitted to the chief valuer for checking and approval. Unless there are


obvious mistakes requiring a return to the valuation officer for amendments, the chief valuer

approves the valuation report. The fees for valuation are based on the assessed value of the

property and the direct costs of trips to the site. Upon payment of the required fees, the

report is given to the client and a copy is kept at the lands records office.

Certificate of Occupancy

The request for a Certificate of Occupancy may be presented by an individual, the

regional land officer (in the case of requests from the regions) or the city land officer. This

happens after the allocating committee has offered the plot of land to the applicant and the

applicant has accepted the offer.

There is no way of knowing if the offer has been declined by the applicant. As a

result of this flaw, there is no way of keeping track of the allocations that have been

accepted and those that have been declined. The only way to find out about an offer that

was not accepted is through the process of official search or if an interested party keeps

track of the allocation.

As shown in Figure 4-5, the approval process for tha certificate of occupancy begins

at the reception counter. The documents are first submitted to a receptionist at the

reception counter who stamps a date to indicate when the documents were first received.

The document is then sent to the open registry for a land division number. At the open

registry, the documents are put in a folder. The folder is then sent to another office within

the open registry (indexing room) where a unique land division number is issued to the

folder. The plot number, block number, location description, and name of the owner are

Write to the owner or the
District Land Officer or the
City Land Officer for
The document is returned tc
reception desk for filing.



Land Office Procedure for Issuing a Certificate of Occupancy

Figure 4-5:


recorded on an index card that is kept in the indexing room. The folder containing the

document is sent to the printing section where the land division number and description are

printed on the cover of the folder.

The folder is returned to the open registry again and given to the respective schedule

officer. The folder is placed among other folders from the same region that are waiting to be

processed by the schedule officer who is responsible for documents from that particular

region. The schedule officer checks for ownership, letter of offer, advise of payment,

evidence of payment of fees, correctness of the certificate, typography, and other relevant

letters and documents are included.

In the case of farms, a check is made whether the respective land allocation

committees from the village level to the regional level have all consented. If all the items

are correct, then the schedule officer sends the folder to the statistics section. Otherwise the

schedule officer writes a letter to the individual or the land officer who submitted the

document and requests more information or explanation as to why the documents were

submitted in that manner. Having written the letter, the schedule officer returns the folder to

the receiving desk to be filed until a reply to the letter is received.

At the statistics section, the folder is checked again for any errors that the schedule

officer may have missed. If a mistake or omission is found, the folder is returned to the

schedule officer. Assuming that everything is correct, the technician at the statistics office

takes the folder to the commissioner's office. The commissioner's seal is put on the

document and the folder is left in the commissioner's office where the commissioner checks

the document for any errors that the schedule officer and the technician from the statistics

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