My neighbour is provoking me
My neighbour is currently constructing a block fence and has exceeded the boundary marks and beacons placed in our lands. Worse, he has removed these beacon marks and I do not know where they are. What recourse do I have against this provocative act? Please guide me.
LK, Lindi
We are sorry to hear about this incident. First and foremost, section 329 of the Penal Code Cap. 16 [R.E 2022] provides that any person who, willfully and unlawfully and with intent to defraud, removes or defaces any object or mark which has lawfully erected or made as an indication of the boundary of any land is guilty of an offence and is liable to imprisonment for 3 years. In that regard, you may report to the police since what your neighbour has done is a criminal act. Secondly, this is a land dispute for which the Land Disputes Courts Act, Cap. 216 [R.E. 2019] (LDC Act) provides guidance on land dispute settlement machinery in Tanzania. We do not know the specific location of your respective lands so we cannot pinpoint the forum for recourse. Nonetheless, section 3 of LDC Act provides various forums for resolving land disputes including the Village Land Council; the Ward Tribunal and the District Land and Housing Tribunal, and the High Court of Tanzania. Your lawyer can guide you further.