Land tenure in much of africa is usually portrayed as either customarytraditional, or statestatutory. Land tenure is the relationship that individuals and groups hold with respect to land and landbased resources, such as trees, minerals, pastures, and water. The chiefs had absolute power in land allocation and land administration. Reforming the customary land tenure system in sierra leone. Land reform involves changes in tenure relations between land users and the landowner, or in tenure systems, instigated.
Changes in land tenure are induced by a wide variety of factors including. Tenure may be based both on official laws and policies, and on informal customs. Land tenure is important in rural development interventions which place an emphasis on building peoples endowments of assets so they can enjoy sustainable livelihoods. Challenges facing land tenure system in relation to. The colonial policy of property relations, including land tenure and access to land, were based on racial lines and were implemented by legislation. Legal framework the constitution of the peoples republic of china p. Types of land tenure systems in uganda land ownership in. Land tenure rules define the ways in which property rights to land are allocated, transferred, used, or managed in a particular society. The british colonial land tenure system corresponded to a different set of principles. When cash crops become dominant the status is generally changed and this seems to be the case in most areas. Traditional land tenures and land use systems in the. Achieving land tenure reform is by no means an easy or quick process.
Land tenure meaning in the cambridge english dictionary. Most african customary property systems distinguish between. Introduction concern about land tenure and its impact on land use as well as the management of natural resources is not a recent phenomenon in kenya and indeed in the. Land can either be owned in perpetuity or for a given period of time. Land tenure systems differ across cultures, legal systems and natural resources. Traditional land tenures and land use systems in the design of agricultural projects english abstract.
Tenure and land reform in communal areas has received little attention, by contrast. Land tenure security and agricultural productivity. Section 3 articulates how informal, or customary land tenure systems function on the ground in postconflict scenarios, and the intersection between this reality and the reduced capacity of the formal system. Societies form the rules that regulate land tenure. Challenges facing land tenure system in relation to pastoral. Land tenure, due to its complex nature, causes many disputes and is strongly influenced by the settlement pattern ellen, 1978. A fundamental goal of tenure reform is to enhance peoples land rights and thus provide tenure security box 2. It is the hub, the crows nest and the fulcrum of the asia and the roof of the world. Contribute to the understanding of transboundary land tenure issues affecting communities, such as with rangelands. Land tenure is an important adjunct to effective environmental management.
In general three traditional land rights can be found in indonesia. Dec 27, 2018 land tenure is the relationship among individuals with respect to land. For convenience, land is used here to include other natural resources such as water and trees. Land tenure reforms and investment in tanzania, in partial fulfillment for the degree of masters of arts economics of the university of dar es salaam. This may be necessary in order to avoid the suffering and social instability. Land tenure and poverty in nepal1 shiva sharma mimapnepal 1. Introduction land is a primary resource that men and women in zambia depend on for their livelihood. Reforming the customary land tenure system in sierra leone thus, for example, they have no interest in changing the part of the law that vests all land in the power of the tribal authorities, who then hold such land for and on behalf of the native communities concerned. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. Types of land tenure denis obbo, the spokesperson at the ministry of lands, housing and urban development, says there are four types of land tenure clearly spelt out in the the constitution of uganda. The way that tenure is determined may vary depending on the country and sometimes land tenure exclusively refers to the way that land was distributed in medieval europe under the feudal system. It controls how people acquire, hold, use and transact land rights.
Locating owners of land is important for recovering land revenue and also to implement agricultural development programmes. A land tenure system is the way in which a society obtains, uses and distributes rights to land. This part of the book teases apart the elements of the current land tenure system in china, as they relate to land protection efforts, and explains them in digestible. Before the land reform programme, the customary land tenure system delegated the kings powers of land allocation to the chiefs, who, in lesotho, have a strong hierarchical structure. Pdf land tenure and title system in gilgitbaltistan dr. In simple terms, land tenure systems determine who can use what resources for how long, and under what conditions. Gilgitbaltistan is an administrative unit of the pakistan and commonly known as flashpoint of asia. This type of land tenure system is also detrimental to agricultural production given that the creditor my not want to farm on the land since the debtor can reclaim it at any time. Land tenure system meaning, types, advantages and disadvantages. Land tenure or land ownership is derived mainly from customary. Variou s issues of alienation of land through failed. The term land also includes other natural resources, such as water and trees. Every adult member of the community is a potential land owner.
In a customary tenure environment, information may be held, unwritten, within a community through collective. Whether the frame of reference for the system of land tenure is the community or the individual, there. Alivelihood is sustainable when it can cope with, land tenure and rural development 3 2. It is one of the reasons why different real estate dealers advise that before you purchase a plot of land, you should know what type of tenure the type of ownership or system the land is under. Pdf customary land tenure system in tanzania felician. In other words, land tenure system implies a system according to which land is held by an individual or the actual tiller of the land. There is frustration at the slow pace of planning, survey and registration of land rights and access to credit for investment and development. Land plays many roles in nigeria owning to the complexity of the society. Land tenure system nigeria is a system in which a party occupies or holds some area of land. The changes proposed in south africa are consistent with the pragmatic and gradualistic approach recommended by platteau 1996 that reinstitutionalises indigenous land tenure. Land registration and cadastral systems exist in great variety. The south korean economy has grown significantly since the korean war and is now an important economic power in asia.
Specially in rural nepal which hosts 90 percent of population, size and quality of farm land are determinants of poverty. For now, though, the priority must be the new a1 and a2 areas. From the types of land tenure systems discussed above, it is easy to see that individual land tenure system seems to be the only one that. Land tenure is the relationship among individuals with respect to land. Pdf land tenure and title system in gilgitbaltistan. Land ownership through this means is usually at no cost. Land tenure system at mgbid with abstract, chapter 15, references and questionnaire. The land tenure act, a more rigidly segregationist law that superseded the land apportionment act in 1969, was amended in 1977, while the civil war was still being fought, to allow blacks to purchase white farms and urban property, and after the end of hostilities residential. Land tenure definition of land tenure by the free dictionary. The traditional land tenure systems are also under pressure due to national legislation. How could the same land tenure system accommodate the largescale transition from food crops into cocoa at the opening of the 20th century and so dramatically inhibit investment in land productivity in the same area at the. The land problem in namibia is a direct result of the land policy of the apartheid colonial system that created imbalances in property relations in the territory.
In ekiti state as in many states in nigeria, land determines the extent of wealth a man has, it is a sacred thing and is worshipped by many as a goddess. Rights to land is an empirically grounded guide for policymakers and lawyers on south africas land tenure reform and land. There are various types of land tenure systems in uganda under under which citizens and foreigners can buy land, own and utilize it. This might be due to the close link between land tenure security and challenges facing african countries especially when it comes to the poverty alleviation and. The vggt note that states and other parties must hold consultations and obtain the free, prior and in. Customary land tenure is characterised by its largely unwritten nature, is based on local practices and norms, and is flexible. Land tenure commission argued so effectively, hybrid approaches that offer the best of customary, communal tenure arrangements, but with new forms of tenure security offered through legally binding arrangements may be of great importance in such areas rukuni 1994. Constraints and opportunities martin adams, ben cousins and siyabulela manona december 1999 overseas development institute. Customary tenure, on the other hand, not only prevented the emergence of land markets but also created new forms of land governance in which all customary lands were deemed to be held in trust for the people by chiefs or other traditional authorities.
The involvement of civil society in land matters 2. The effects of existing land tenure systems on land use in kenya today chege waiganjo and paul e. The challenges of customary land tenure in zambia shaping the change xxiii fig congress munich, germany, october 8, 2006 211 the challenges of customary land tenure in zambia mweembe muleya mudenda, zambia 1. This paper provides agricultural project designers with an analytical basis and rationale for examining traditional land tenure and land use systems, and suggests how to make operational use of such information for key project decisions. Nonindigenes of the community are usually excluded from acquiring land. Economic case for land tenure reform land tenure reform refers to a planned change in the terms and conditions on which land is held, used and transacted. Its components are the system of land ownership and system of labour organization. Land tenure and economic development in rural south africa. To describe the existing practice of land administration in mgbidi, oru west lga, imo state and examine the powers of the governor under the land use act as a tool for providing the low income with access to land. Reforming the customary land tenure system in sierra leone the third criterion that must be satis. The flexible land tenure system flts is an innovative concept to provide affordable security of tenure to inhabitants in informal settlements in namibia the basic idea of the flexible land tenure system is to establish an interchangeable tenure registration system parallel and complementary to the current formal system of freehold tenure. This paper describes the rich history of zambian land tenure systems and discusses the present land tenure system. Types of land tenure systems in uganda land ownership in uganda.
Land tenure is an institution, and the rules governing land tenure were invented by societies to regulate behavior. Pdf on may 1, 20, lasisi raimi and others published land tenure system and agricultural productivity find, read and. Land tenure can be defined as the right to hold property and other property like homes on land. In urban settings, land tenure is often insecure for slum dwellers and for the poor. Land tenure in ekiti state before the colonial era. In rural settings, land tenure is also often insecure for the poor, as well as for women, who face problems such as unlawful evictions by family members after the death of a husband or father.
Land reform has received much attention since 1990, but most of this has been devoted to debate and measures to reallocate land from whites to previously disadvantaged namibians. Land tenure and rural development food and agriculture. Land reform in the midtwentieth century affected the land tenure system and currently most of the forestland in korea is privately owned. Land was defined in terms of white colonial lands, on the one hand, and. The land question creates new paradigms for dealing with the land delivery system. Read on and find out five types of land tenure system and their features.
Apr 05, 2020 land tenure can be defined as the right to hold property and other property like homes on land. In discussing land tenure policies, this article questions the ability of fijis modern land tenure system as the south pacific country still endures a similar design to other former british colonies, which was instilled to effectively protect interests of landowners and renters while. Introduction land is a principal source of income and employment for majority of households in nepal. South africa always had a dual land tenure system, a titled land tenure sy stem that is subdivided and legally registered to the owners in a deeds office, and. Land tenure is the relationship between humans and the land. A land tenure system is the body of rights and duties which regulates the use and control of land. Reforming the customary land tenure system in sierra.
To examine the land tenure system in nigeria before the land use act. Currently, particularly in africa land tenure system has become a debatable issue among planners and policy makers at local, national and international level. Implementation of the legislation and further reforms are carried out through a variety of regulations and policies. Transboundary land tenure issues cooperate, in the framework of appropriate mechanisms and with the participation of affected parties, in addressing tenure issues related to land, which traverse national boundaries. Because the sustainable livelihoods approach can be used to focus on smallholders, an understanding of the postconflict tenurial. Flexible land tenure in namibia the land surveying and registration system in namibia covers only part of the country. It determines who can use land, for how long and under what conditions. Land tenure security an essential component of responsible.
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