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Customary Land Leases Main Tasks

  • Customary land leases
  • Special Agriculture and Business lease (SABL)
  • Voluntary customary land Registration

Customary land leases applies when state owned enterprises require customary land to set up infrastructure to provide service to the general community such as the repeater site, aid post, school etc. the lease agreement is than signed between the land owning unit and the state (DLPP) as custodian and leased to the responsible institution where rental is paid annually based on the assessment by the valuer genarals office.
Special agriculture and business leases is empowered under section 11 and 102 of the land act 1996 where land owners lease their traditional land to the state and the state leases it to interested parties that’s is why it is called a lease lease back. SABL or lease Lease back process does not restrict issuance of title only to land owners it does allow for title to be issued to agents appointed by land owners this than allows for title to be issued to companies and individuals not member of the land owning unit.
Voluntary customary land registration (VCLR) is the recently drafted legal frame work to assist land owners to open up the door for investors to access their traditional land while the tenure of the land remains with them (land owning clans or incorporated land groups). These frame work was a result of amending the two existing Acts of parliament (Incorporated land Group Act 1974 and the land registration act 1981). The creation and operation of the Customary Land Registration divisions mandated by and Act, which is the Land Registration (Amendment) Act 2009.
VCLR is considered to be a unique framework as the title to a traditional land remains in perfeiuty with the land owning unit/ Incorporated land Group (ILG) and where interest is expressed by developer a lease is created by the ILG, DLPP does the facilitating role and monitors the compliance of the terms and conditions.
Once it fully captured the above to activities will cease to exist and all transaction on traditional land will be facilitated through these (VCLR)  framework and will require increase in capacity and funding to accurately manage Customary land in the country.
Why it is unique is that once it is understood by all stakeholders it will minimize and encourage ILG’s on issues of;

  • Land ownership disruptions on major government projects
  • Unnecessary land compensation claims
  • DLPP will play a facilitating and monitoring role on the leases
  • ILG’s will be the custodian of their traditional land title
  • Benefit sharing will be greater
  • Public private partnership arrangement opportunity
  • Increase in wealth creation for ILG’s
  • Many more.

In the event that more information is required the Director, Customary land Registration can be contacted on 3013258, 3013279 or 77588979 without hesitation.