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For the purpose of this field work is intended to be an analysis of the law and practice on accessing loans from microfinance institutions by use of unsurveyed land as security in Tanzania Mainland. The researchers identify various legal problems facing the borrowers and lenders when unsurveyed land is accepted as security to the loan transactions. The government of Tanzania has workhard to ensure that citizen access loans from microfinance institution through enabling them to create mortgage by using both surveyed and unsurveyed land. This has been affected through making various legal and policy reforms. Despite those efforts some of the lending institutions are still reluctant to accept unsurveyed land as security for loans. The objective of the research report was to examine the current frame work of land law in respect to unsurveyed land as security in the mortgage, to examine the challenges associated with mortgage provision with regard to unsurveyed land also to observe the legal requirement for facilities to be secured by unsurveyed land. Unlike any other Research paper this work comprises five chapters, the researcher manage to contain methods and instruments used to collect data which are obtained both primary and secondary source where in primary source the researcher used random samplingto get the information. The methods used are interview and questionnaire, whowas loans officer from microfinance institutions, selected lawyer from different firm how expert on the mortgage issues, lecturer from different institution are also magistrateswhich conducted at Mwanga Kilimanjaro. In secondary source was developed through library materials and websites material.
Data presentation, analysis and discussion of findings, the study has found out that laws are not adequately framed. There are no clear provisions which address issues of unsurveyed land, and the lack of regulations that regulate mortgages on unsurveyed land leave a lot of loopholes and gaps on the existing stipulated provisions. Finally, come recommendations and conclusions on the findings, where the researcher advises the Government, the Parliament, and the stakeholders on the steps to be taken in order to facilitate and enact laws and rules which will properly govern the procedures, rights and duties of parties who involve themselves in transactions of unsurveyed land to create mortgages in Tanzania. |
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