THE UNIT TITLES ACT (2008)

PROSPECTS AND CHALLENGES

Abstract

The article examines the Unit Titles Act, its background, prospects and enforcement challenges. It is clear that the enactment of the Unit Titles Act aimed to inter alia ameliorate the problems associated with urban housing by providing for division of properties into units where common areas on land may be shared, including facilities and services thereupon. This form of common property ownership provides economized costs by spreading the cost among the occupiers.

 The article surveys the various modes of disposition through which a person can acquire or transfer a unit property in Tanzania. The modes include sale, lease and mortgage. The article notes that there are challenges that impinge on realization of effective disposition under the Act. Hence, there is need for an effective legal and institutional regime for the Act to achieve its intended objective. Laws like the Land Act, Registration Act should be harmonized with the Unit Titles Act. There should also be robust, well-coordinated administrative machinery to ensure effective development and transfer of unit title properties. Such effort should go hand in hand with improving the capacity of the relevant land departments in the office of the Registrar of Titles and Local Government Authorities.