• ownership • legal • rental pool • estate management • growth •
ownership in Mozambique
tenure in Mozambique does not take the form of ownership, but of use
rights. In the case of small-scale farmers, that right is free of
charge. A 1997 land law acknowledges that land tenure rights of
local communities and of individuals who, in good faith, have
occupied the land for at least ten years.
Companies and individuals
wishing to acquire land for commercial purposes must first hold
consultations with the local community and obtain a written opinion
from the district administrator. Only then can they obtain
authorization to use the land.
While the legal system
recognizes and protects property rights to buildings and movable
property, private ownership of land is, however, not allowed in
Mozambique. The government grants land-use concessions for periods
of up to 50 years, with options to renew, and has at times granted
overlapping land concessions.
Foreigners are able to apply for
a land concession if they have a registered property in Mozambique.
The government hopes that by allowing private land concessions,
there will be increased investment in production and employment
creation in the rural areas of the country.
framework for Fractional Ownership Rights
A recent development in Mozambique centers around
Decree 39/2007 of 24 August which deals with the Regulations on the
Right of Periodic Habitation.
This law regulates and entrenches multiple-ownership
property rights for the first time in Mozambique. As a properly
accredited scheme, purchasers of fractional ownership rights in
Tartaruga Bay are assured that:
This law provides for the constitution of fractional
ownership schemes by public deed in the form of the Articles of
Association of the company creating these rights. In addition to the
normal articles contained in this sort of document, the elements of
the fractional ownership scheme must be set out together with the
relationships of company shares to the use rights created.
Furthermore, this decree stipulates that the exercise
and enjoyment of the use rights over the resort by the right-holder
must be governed by the terms and conditions of a Use and Services
Agreement and Resort Rules that must be registered along with the
Articles of Association of the company and acceded to by each
The law also provides for the accreditation of the
scheme by the Ministry of Tourism and the issuance of an official
Real Property Registration Certificate to the right-holder in
respect of each Fractional Ownership Right purchased.