Land tenure system prevailing in the country helps to locate the actual owner of the land by the government. Explaining the different types of land tenure daily monitor. A fundamental goal of tenure reform is to enhance peoples land rights and thus provide tenure security box 2. The paper impact of farm input subsidies visavis climatesmart technologies on maize productivity. The land tenure terms currently used are derived from historical and political processes. Legal framework the constitution of the peoples republic of china p. It is argued that certain institutional arrangements for. In the course of this study and in the bid to critically examine the effects of the land use act, 1978 on the customary tenancy in nigeria, it was observed that, even before the coming of the colonial masters, the entity today known as nigeria had its own land tenure system with customary tenancy as part of it. The basic purpose of this paper is to discuss issues related to land tenure system, land rights, agricultural productivity and the effects of climate change. Land tenure is the manner in which a party holds or occupies an area of land. After presenting a series of key definitions and concepts related to urban land tenure.
Land tenure and economic development in rural south africa. Land plays many roles in nigeria owning to the complexity of the society. Currently, the land administration system is excessively complex making the resolution of. Implementation of the legislation and further reforms are carried out through a variety of regulations and policies. Famoriyo institute for agricultural research ahmadu bello university zarianigeria abstract 75 % of nigeria s total population of 70 million inhabitants live in rural areas, which explains how extremely important any measures concerning land change are in this country. Land tenure and related institutions gender and land rights. The population of malawi at the september 1977 census was 5,571,567. A tale of smallholder farmers in malawi written by katengeza s. There are many different types of land tenure, including private and public ownership, and each type of land tenure comes with a bundle of rights for the use and disposition of the property.
Uganda is relatively a vast country with lots of unutilized and underutilized land. Land tenure or land ownership is derived mainly from customary. To what extent have the existing land tenure systems affected. For convenience, land is used here to include other natural resources such as water and trees. Sustainable land tenure and land registration in developing countries mikapetteri torhonen dissertation for the degree of doctor of technology to be presented, with due permission, for public examination and debate in auditorium m1 at helsinki university of technology, espoo, finland, on the 6th of june, 2003, 12 oclock noon. Theory and implications for development policy gershon feder and david feeny this article explores the nature of property rights systems, their evolution, and their effect on resource allocation. To what extent have the existing land tenure systems. Read this article to get information about the system of land tenure in preindependent india. This guide describes the various forms of tenure available and the responsibilities of landholders. It is estimated that 80 percent of the land is governed by traditional rulers 22. Private ownership of land can be acquired by way of a grant, sale, gift or marriage.
This in turn raises the risks of environmental degradation and social conflict. 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. This paper describes the rich history of zambian land tenure systems and discusses the present land tenure system. Ownership or exclusive control by an individual is not the only concept under which land is held and used. In the customary system the chiefs regulate the allocation of the land. Brian makabayi 1 moses musinguzi 2 1assistant lecturer, department of geomatics and land management, school of the built. It is under such tenure systems under which land can be acquired, owned, utilized and disposed off. Security of tenure types, policies, practices and challenges research paper prepared for the special rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to nondiscrimination in this context, raquel rolnik, to inform her study on security of tenure. The land administration system the land administration system las determines the ability of aboriginal and torres strait islander people to effectively use their land assets box 11. It is a way of identifying who has the right to use and occupy land in accordance with the different types of ownership. Ugandas land to a bigger scope is fertile and very excellent for large scale industrialization, residential setups and farming. The training of paraprofessionals land measurer and land registration officer has been secured through a certification course at the polytechnic of namibia, upgraded as from 2005 to a diploma course.
Centre for land tenure studies clts norges miljo og. Land tenure classifications in kenya university of cambridge. Land tenure is the relationship that individuals and groups hold with respect to land and landbased resources, such as trees, minerals, pastures, and water. Types of traditional land tenure systems and agricultural productivity there is quite a handful of taxonomical analysis of land tenure system within nigeria alone. Nothale rural development department, university of malawi, lilongwe, malawi. The system of land grants to military servitors, maintained for centuries with changes in all conquered lands, ultimately suppressed the interest of both landlords and tenants in increasing agricultural productivity. It determines who can use land, for how long and under what conditions. Whereas european land ownership centered around control, indigenous notions were based on stewardship. Traditional land tenures and land use systems in the design of agricultural projects english abstract. The average population density on a land area of 94,079 square kilometres was 59 persons per square kilometre. Types of land tenure systems in uganda land ownership in uganda. This system is considered insecure according to western standards but works for the indigenous people. This document summarises urban landmarks approach to incrementally securing tenure in informal.
Communal land tenure gives to a community the independence to use land within the community. The land act 1998 identifies the four forms of land tenure systems in uganda which include customary, leasehold, freehold and mailo, grants all legitimate and bona fide occupants property rights. Latin america 1 executive summary this report on brazil forms part of a study of law and land tenure in four latin american countries. Land is held all over the world under different tenure situations. 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. Land tenure is the relationship that individuals and groups hold with respect to land and land based resources, such as trees, minerals, pastures, and water.
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. Land tenure definition of land tenure by the free dictionary. The flexible land tenure system has become established within the namibian government. Land tenure is the name of the particular legal regime under which land is owned. Land tenure system nigeria is a manner or a way in which a party occupies or holds some area of land. Caroline wanjiku kago chairperson, department of private law, kenyatta university school of law kusol nelly kamundeaquino. Land tenure systems and agricultural production in malawi. 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. With the help of tenure rules, it is easy to define the way of land rights allocation.
They threaten the land and tenure security and hence the food security and livelihoods of millions of poor rural people whose access to land was not previously under threat. Ijtd, vol 2, issue 1, 2015, issn 20012837 76 to what extent have the existing land tenure systems affected urban land development. 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. When europeans first came to north america, they sometimes disregarded traditional land tenure and simply seized land, or they accommodated traditional land tenure by recognizing it as aboriginal title. Land tenure, land use and land acquisition in nigeria. Land tenure rules define the ways in which property rights to land are allocated, transferred, used, or managed in a particular society. Openaccess land tenure gives no specific right to anyone and no one person can be excluded. The ifad policy on improving access to land and tenure security has been.
The effects of existing land tenure systems on land use in kenya today chege waiganjo and paul e. Land tenure and distribution are key factors to understanding the structure of production and power in saint lucias rural sector. Land tenure and land administration in developing countries. In most societies in precolonial kenya the commonest mode of land holding was indeed thro non specific authority within the clan or lineage or families and towards that end, we may identify several types of land tenure so that one may talk of such tenure taking the form of the broader communal tenure whereby members of the group are deemed to. He describes mailo tenure as one where permanent ownership of a large plot of land belongs to landlords who acquired it through the 1900 buganda agreement, while at the same time tenants on the. 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 may be necessary in order to avoid the suffering and social instability. Its components are the system of land ownership and system of labour organization. As stated in arthashastra, the king was the sole proprietor of the land. Land, livelihoods and housing programme 201518 working paper april 2017 integrated land management institute ilmi storch street private bag 388 windhoek namibia t. State land tenure gives property rights to authorities in the public sector. To identify the present mode of production in bangladesh agriculture, the following criteria may be used. Public lands are lands that are vested in the president for public use 24. Under the land act 1994, unallocated state land can be made available through various forms of leasehold tenure or set aside for community use as roads or reserves. Tenure may be based both on official laws and policies, and on informal customs. The following analysis is an attempt to characterize man land relations and indicates the extent to which these relationships represent major constraints on agricultural development. Once greater tenure security is in place, opportunities increase for access to the economy, infrastructure services, social facilities and microfinance. Types of land tenure systems in uganda land ownership in.
Effects of land tenure and property rights on agricultural. The rejection of the feudal land holding system which resulted from the french revolution led to central importance being placed on an individual or citizens right of ownership, free of. Tenure rules help define how property rights to land are allocated within societies. The formalisation of urban land tenure in developing countries alain durandlasserve and harris selod april 14, 2007 abstract this work is a background paper on urban land tenure formalisation in developing countries. It can be defined as the manner in which a party holds or. Societies formed the rules that regulate land tenure in order to control land ownership in the country.
The following are the types of land tenure systems in uganda as enshrined in the 1995 ugandan constitution. There are references to it even in the arthashastra of kautilya. Land tenure is another phrase for land ownership, frequently used outside of the united states. 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 whole of africa. Traditional land tenures and land use systems in the design. Land tenure can be defined as the manner in which a party holds or occupies an area of land. 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. Locating owners of land is important for recovering land revenue and also to implement agricultural development programmes. The paper presents an overall view of the abovementioned themes in subsaharan africa and south asia, namely in ethiopia, namibia and bangladesh. The existing land tenure systems in each of niger, burkina faso, and mali share similarities, particularly in their recent efforts to protect customary land rights and include them in land records for instance nigers rural code of 1993, malis land code of 20002002, and.