Program Overview. Land Tenure Concepts andLand Tenure Concepts and A community head or village headman manages such land. Communal land in Uganda The communal land tenure is not necessarily the problem, its management could be and lack of innovations in formal system to service it as it is without wanting to wish it away. LEMU’s initial aspect of focus was family owned land under customary tenure. No national monitoring and evaluation system is available to determine the extent to which ... and in the absence of long-term leases, leaves beneficiaries land tenure rights insecure. On the one hand, 43% of the land area is held under freehold title by individual landowners, close corporations or companies. In Centre for Environmental Law, WWF-I v. Union of India and others,11 the petitioners, World Wide Fund for Nature, approached the Supreme Court of India by way of a public interest petition in 1995. Land Tenure Usually, the head of the community determines how the land is distributed among natives. In some countries, formally recognised rights to such customary lands are vested in the nation state or the President “in trust” for the citizens. As the name implies communal that is community. What is the land tenure system? Research Communal land, Laws. NATURE OF CUSTOMARY LAND TENURE SYSTEM. 3. Instead, the present land tenure system is hampering to a large extent rural development. The Communal Land Rights Bill should establish a legal framework that enables the creation of a coherent communal land administration system. The idea behind land tenure system in Nigeria is to regulate land ownership behavior in the country. Econometrica, Vol. 78, No. 6 (November, 2010), 1863–1903 Land Tenure 2. WHAT IS ACCESS TO LAND Communal land 5 types of land tenure system in Nigeria - Legit.ng In Uganda, this land tenure is found in the north, south and western Uganda. Over 60% 0f land in Uganda is held on customary tenure system. In this case, people own their land, have their rights to it, but most of the times don’t have land titles. Communal land reform is an uneasy compromise between different processes and interests. LAND Post-independence land reforms have largely failed to address these fundamental issues, sometimes even reinforcing threats to social, economic and environmental sustainability. land would be held by a chief on behalf of a tribe.xxv This legal manipulation of communal tenure aided the colonial state in its system of indirect rule. Customary tenure typically includes communal rights to pastures and exclusive private rights to agricultural and residential parcels. and communal land tenure system where the state owns the land and tra-ditional leaders are given custodianship to administer the land on behalf of their communities. The existing freehold system requires high levels of complex expertise, and since this is not available in Namibia the freehold system is not an option. Individual Land Tenure. State and Public Land lease hold 2. 0 votes . communal land rights on verbal basis without any documentary proof. Communal Land; this is the kind of land where the household is the primary owner of the land and may include extended members of the family. The right to occupy a homestead, to use the land for annual and perennial crops, to make permanent improvements, to bury the dead, to have In contrast, the Peruvian government abolished the communal land tenure that had predominated in … 4. 3 1.2. Ending discriminatory land tenure system against women. Land Tenure History Key factors that have shaped U.S. Indian policy and led to the fractured state of Indian land tenure in Indian Country today include countless federal laws and legislative acts. Feudal land tenure is a system of mutual obligations under which a royal or noble personage granted a fiefdom — some degree of interest in the use or revenues of a given parcel of land — in exchange for a claim on services such as military service or simply maintenance of the land in which the lord continued to have an interest. Statutes on land and settlement, on the one hand, and those on local customs and tradition, on the other hand, legally constitute a structure that regulates access to land in these areas. There are various forms of land tenure systems in Nigeria ranging from communal ownership, inheritance tenure system, leasehold tenure system, rent tenure system, gift tenure system, freehold tenure system and tenant at government will. Land Tenure Concepts andLand Tenure Concepts and Definitions Presenter: John W. Bruce ... • In what sense are they a “system”? With the upcoming implementation of the Flexible Land Tenure System (FLTS) in Namibia the experience ... Communal Land Registration Project and the Mass Housing Development Program. The chapter takes holistic evaluation of the land tenure system in Nigeria and Zambia … WHAT IS LAND TENURE Land tenure. c) Public Tenure. Awuah-Nyamekye and Sarfo- These users may belong to a clan or ethnic community. Sewasewer. This system of land holding had only free tenures and this created a “feudal pyramid” with the king at its apex.13 The theoretical importance of the doctrine of tenures was that there was no transfer of the ownership of the land itself; ownership remained in the King. The inequitable distribution of land and colonial legacy of dual or pluralistic systems of tenure are found to be at the root of many agrarian and environmental problems. Mexico (Communal agrarian tenure) Municipal ownership and commonage Includes examples where local government authorities manage land in the public interest, and where land is co-owned by the state and community with varying degrees of community input. This defines the head of the Society as the community land’s governing force. This type of tenure system was characterized by unfairness, biasness and unequal land distribution. Tenure can be freehold, … The registration of communal land right is important to provide tenure security and consequently increases investment in land. MCC’s $257 million Namibia Compact (2009-2014) funded the $8.5 million Communal Land Support (CLS) Sub-Activity to help implement the Communal Land Reform Act. Namibia has two main land tenure systems: freehold in declared urban areas and so-called commercial farms, and customary tenure on communal land, all of which is rural land belongs to the community. However, there is still ample room to improve on the issue of tenure reforms including the development of an appropriate recordal system to formalise “ownership” of land, even in communal areas. Land tenure may be defined as the terms and conditions on which land is held, used and transacted. The communal land tenure system arrangement elevates the community as the land’s ruling power. Individual right is limited to […] of ancestrally related people, with the control or administration vested in. Urban land tenure in Namibia involves the following issues. Land tenure refers to what? We therefore agree with the Bill’s attempts to: The Communal Land Rights Act 11 of 2004 intends: to provide for legal security of tenure by transferring communal land, including KwaZulu-Natal Ingonyama land, to communities, or by awarding comparable redress; to provide for the conduct of a land rights enquiry to determine the transition from old order rights to new order rights; This means that anyone can have access to the land as long as they are members of the community by birth. Communal land ownership is the expression used here to describe the syste. parcels of land temporarily assigned to them by authorities in a communal land system. In this tenure system, the land belongs to the community. Land tenure in Meghalaya is based around a traditional system of communal ownership and traditional institutions (Jamir & Nongkynrih, 2003; Saxena, 2002). communal tenure. The community may be a family, clan or village. By making land tenure as clear and secure as ... (An important difference between open access and communal systems is that under a communal system non-members of the community are excluded from using the common areas.) This system should apply to all communal property situations in order to achieve consistency of administration, which is the basis for securing tenure. The limits of tenure definition: communal tenure as a conceptual construct Applying the concept of “communal tenure land” generically to the former bantustans and Act 9 areas is highly misleading, as these areas display diverse settlement patterns, population distribution, land tenure rules and Traditionally, grazing was communally shared, but the policy called for individualization of grazing rights, allowing people exclusive rights to certain grazing areas. As the name implies communal that is community. In 1685, the Crown leased the island to Christopher Codrington.This lease lasted until 1898. Why land tenure issues are important. their exploitation are regulated are of crucial importance in determining how land is used,. Communal land tenure: can policy planning for the future be improved? He decides who does what with any portion of land under his rule. Communal land tenure system implies that the community has control over the land in determining allocation of land for residence, cropping and rights of access to the common property resources 4 . Public/ Sate land. 1. Tenure reform in Namibia’s communal areas Wolfgang Werner* Abstract Twenty-five years after Namibia gained its independence, the country continues to be characterized by a dualistic land tenure structure, this despite subsequent govern-ments’ ambitious programmes of land reform. Ethiopia's communal land tenure regime, by contrast, is codified in law. [MLRRD, February 1985, p. 18, cited by Ranger, 1993: 360] The National Land Policy (1995), the Land Act, no. Land Tenure Today, Zimbabwe has multi-form tenure, with multiple tenure types applying in the different area of land (freehold, lease, permit, communal and state land). Land related disputes such as double allocations, boundary disputes, unauthorized extensions and illegal fencing were also very common. This bill was enacted in August 2002 as the Communal Land Reform Act. These properties facilitate the mapping from the model to the data. Land tenure reform refers to a planned change in the terms and conditions (e.g. What is communal land tenure? 6 Synthesis 113. What are the disadvantages of communal land tenure system? whereby land is collectively owned by an extended family, clan or commun. Customary Land Tenure System The Customary Land Tenure System is an arrangement under which land is owned by Indigenous communities and administered in line with their customs and norms. A combination of freehold with limited extent and leasehold; and, Communal land Communal tenure: communal tenure with institutionalized use rights. For the full case study, which delves deeper into the historical background of the ejido system, and contains full academic references, please read the report in full. Since 2011, we … the Obas as the governing power of the land. Gift Tenure System. Private Land Free hold with limited extent 3.Foreign land ownership 4. Tenure refers to the status of individuals or groups in relationship to property. Although the land jointly belongs to the community, the head of the community takes the decision of how the land is distributed. The head of the community who may be a chief, an Oba, Obi. asked Mar 22 in Revision by anonymous. This is where land owned by the government for her own purpose and which includes unutilized or unalienated government land reserved for future use by the government itself or may be available to the general public for various uses. Now the land is The systems of land administration in Namibia correspond to different land tenure systems. land tenure system on the one hand, and the communal land tenure system on the other. the adjustment of the terms of contracts between land owners and tenants, or the conversion of more informal tenancy into formal property rights). Under a communal land tenure system, a large piece of land is given to a community and the head of the community then decides how to share the land between the members of the community based on different factors. • Are tenure systems only a matter of rules? 1.1. ... Communal land tenure system. This system defines the community as the main owner of the land. Gift Tenure System. Individual Land Tenure. This is a big downside. the land belongs to the entire community. The idea behind land tenure system in Nigeria is to regulate land ownership behaviours in the country. Inheritance tenure system. Dar es Salaam. Leasehold Tenure System. The World Bank is working on land tenure as well as land and geospatial infrastructure and systems in dozens of countries across the world, with an investment of approximately $1.5 billion in commitments, impacting millions of land holders in Africa, Asia, Eastern Europe and Central Asia, Latin America, and the Middle East and North Africa. (For convenience, “land” is used here to include other natural resources such as water and trees.) Although the land is jointly belongs to the community, the head of the community takes decision of how the land is distributed. of communal land. Land tenure systems are important for supplementing the existing legal framework, which guarantees secure tenure rights to people. People in communal Changing communal land tenure system into exclusive right has led to collapse the whole system of pastoral economy, speed up resource degradation and increase the rate of conflict. In the new Land Policy of 1990 the hectarage was further revised to 8.3 million hectares, maintaining the same target population. Urban land tenure in Namibia involves the following issues. It shows as a system for regulating the legal relationship between individuals and communities with respect to land use. It directs to better order and smooth running of communities. Prohibition against fences . 4, and the Village Land Act no. Leasehold Tenure System. This land tenure system is typically used for large scale farming. Communal land tenure system: in this form of land tenure system, the community is seen as the owner of the land. In effect, communal ownership of land gradually and slowly took the backseat. This approach promotes large-scale farming, but it cannot be utilized as a loan security. The majority of rural blacks lived and still live on Italy (Communal property regimes) 3. Categories of government land include forest reserves, national parks, towns, water bodies etc. The existing freehold system requires high levels of complex expertise, and since this is not available in Namibia the freehold system is not an option. CUSTOMARY LAND TENURE SYSTEM. According to this system, the land can be managed by an individual. Customary tenure system, rights are based on communal ownership of land where land is assigned to a clearly defined group of individuals or users. CUSTOMARY LAND TENURE SYSTEM. Land tenure is the relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land. There are various forms of land tenure systems in Nigeria ranging from Communal Ownership, Inheritance Tenure System, Leasehold Tenure System, Rent Tenure System, Gift Tenure System, Freehold Tenure System and Tenant at Government will. Effects of this tenure systems … Land tenure and governance on communal land in Namibia Paper presented at for the Second National Land Conference, Windhoek 1-5 October 2018 Wolfgang Werner1 September 2018 1 Associate Professor, Department of Land and Property Sciences, Namibia University of Science and Technology. Up until 1975 Ethiopia's land tenure system had feudal characteristics. The World Bank has approved $150 million in financing to strengthen Tanzania’s land administration system and increase tenure security for at least two million land holders, users and their families. In some cases these systems were democratic and required accountability in order for leadership to have legitimacy. A communal land tenure system is a system that appoints the head of the community e.g. 2. Land and Equity Movement in Uganda LEMU was started in 2004 with the aim of working to secure land rights under the customary land tenure system as provided for in the 1995 Constitution of Uganda and the 1998 Land Act. Since the period of British rule, the community-driven relationship with the land has been maintained through a communal land tenure system. Changes in land tenure are induced by a wide variety of factors including relative prices of inputs and outputs; transaction costs; government policies; preferences of Nation of Hawaii’s mission is to restore, maintain and preserve the sophisticated religion, language and culture of the Native Hawaiian people, who prior to the overthrow, lived in a highly organized, self-sufficient, subsistent social system based … Land tenure security refers to the right of individuals and groups of people to effective protection by their government against forcible evictions. [MLRRD, February 1985, p. 18, cited by Ranger, 1993: 360] Nonetheless they continue to persist, and indeed there is a growing interest in communal tenure as a fundamental building block for sustainable development in peripheral regions. Rent Tenure System – this is a temporary ownership of the land for some sum of money. Purchase or Freehold Tenure System – this is when the person pays money for the ownership of some part of the land. Tenants at Government Will – the government can give some area of land to the person. and whether it is used in whether it is used in THE COMMUNAL LAND TENURE SYSTEM: AN ANALYSIS OF SOME TRENDS IN THE DITSOBOTLA AREA OF THE NORTH WEST PROVINCE BY MMAPHAKA EPHRAIM TAU submitted in part fulfilment of the requirements for the degree of MASTER OF ARTS in the subject DEVELOPMENT STUDIES at the UNIVERSITY OF SOUTH AFRICA This system is opposed to statutory tenure brought up during the colonial periods. What is communal land tenure system? May 2019. Democratise control and administration of areas under communal land tenure. leader or his appointee, who may give out portions of the land to the comm. There are various forms of land tenure systems in Nigeria ranging from Communal Ownership, Inheritance Tenure System, Leasehold Tenure System, Rent Tenure System, Gift Tenure System, Freehold Tenure System and Tenant at Government will. Before the 1910 Mexican Revolution that overthrew Porfirio Díaz, most land in post-independence Mexico was owned by wealthy Mexicans and foreigners, with small holders and indigenous communities retaining little productive land.This was a dramatic change from the situation of land tenure during the colonial era, when the Spanish crown protected holdings of indigenous … Restriction on right of access of foreign national to customary land right or right to leasehold [section 17B inserted by Act 13 of 2013; there is no section 17A] 18. Governments’ recognition of communal tenure 6 1.4. Rural land falls under the communal land tenure system and is administered under the system of customary land tenure. Although important on their own, tenure and governance are also embedded in the solutions to key global challenges: climate change; environmental management; poverty; gender equity and women’s empowerment; and nutrition and health. View as PDF. At customary Law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. Communal land tenure, however, has 4. According to this system, the land can be managed by an individual. In Bolivia, the Bank helped update the 1952 land reform law, establish a new tenure regime for indigenous people, and modernize the land administration system. of ancestrally related people, with the control or administration vested in. 19. Communal tenure reform: potential and pitfalls Ben Cousins Institute for Poverty, Land and Agrarian Studies World Bank conference on ‘Land Governance in support of the MDGs’ March 2009 What is communal tenure? In some parts of the country there was a continuum of communal tenure where rights to occupy and use land were allocated by family, clan and tribal institutions. 17B. A good Land tenure system should support agricultural development through ... under customary tenure. In Africa women play an integral role in the continent’s agricultural sector, representing up to 60 percent of the agricultural labour force in some countries. Tenancy at Government Will Communal Land Tenure System . Customary tenure is a set of rules and norms that govern community allocation, use, access, and transfer of land and other natural resources. The conditions under which land is occupied and how the access to natural resources and. A renewal of the historical interest in communal tenure 4 1.3. Only farming on the property is permitted. These are summarised in Figure 3 below. An inefficient land administration system, exacerbated by the lack of a national land use planning law, contributes to tenure insecurity and high transaction costs in securing, registering and transferring property rights. Mechanisms for securing indigenous peoples’ rights to their lands are important ... “This new system is a quick and easy way of securing our land. However, a large proportion of the people living in South Africa live outside of this secure land tenure system. 76 Customary (communal) land tenure in South Africa belongs to some group, be it a household, chiefdom, community, or even a combination of these groups, whether the living, the living-dead15 (ancestors), or the unborn. Communal Land Tenure System A communal land tenure system ordains the community head as the governing power of the land. Although the land jointly belongs to the community, the head of the community takes the decision of how the land is distributed. This land tenure system is typically used for large scale farming. These might include policies about minimizing relocation, community cost recovery principles, land tenure policies, priorities for near-by relocation, etc., and could be specified in a general policy paper with related guidelines for application (see, for example, the World Bank guidelines for voluntary relocation in projects). The communal land tenure system. At customary Law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. the Obas as the governing power of the land. 17. Land tenure is the relationship between people and the land, and how the land is respected. COMMUNAL LAND TENURE SYSTEM. Instead, the present land tenure system is hampering to a large extent rural development. dual system of land tenure in which whites owned land as private property as opposed to communal land allocation among blacks. communal land areas . Although the land is jointly belongs to the community, the head of the community takes decision of how the land is distributed. The empirical evidence is extensive and original … and provides a nuanced understanding of what is a complex and dynamic communal tenure system and clearer insights into the challenges which confront the current land reform programme in north-central Namibia. provides for aunitary land system where Namibians have equal rights, opportunities, and security across arange ofland tenure irrespective ofwhether such land is in communal or commercial area. ... – Communal – Informal • Are customary land tenure systems just setsAre customary land … THE COMMUNAL SYSTEM. A communal land tenure system is a system that appoints the head of the community e.g. The largest town on the island is named after Codrington.. During the Codrington family's lease, cattle was bred and traded for use at sugar …
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