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Journal articles on the topic 'Communal land tenure'
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1
Sisay, Mulugeta Getu, Ashenafi Negash Zeleke, and Habtamu Hailemeskel Gulte. "Institutional Paradox and Tenure Insecurity in Ethiopian Pastoral Land Administration." Journal of Land and Rural Studies 6, no. 2 (May 1, 2018): 108–31. http://dx.doi.org/10.1177/2321024918766589.
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Laws governing pastoral communal lands are barely developed in Ethiopia. The Federal Constitution firmly recognizes uninterrupted land use right of pastoralists including for grazing. Federal land laws, however, mention pastoralists’ issues incidentally and are far from being comprehensive frameworks. This research is the review of pillars of federal and regional land laws, examination of their implementation, synergy between state and customary land administration system, and the implication of gaps in accessing land for different programmes in Ethiopian Afar and Somali regional states. The findings revealed that in the absence of any federal laws that effectively regulate communal lands uses, regional laws were found to be precarious, feeble and far from being comprehensive. Ironically, the regional laws offered more protection to crop fields than communal (pastoral) land. It is also shown that customary and state land administration systems that operate simultaneously in the areas lack synergy and created stalemate.
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O'Flaherty, Michael. "Communal tenure in Zimbabwe: divergent models of collective land holding in the Communal Areas." Africa 68, no. 4 (October 1998): 537–57. http://dx.doi.org/10.2307/1161165.
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This article discusses the historical construction of land tenure patterns in the Communal Areas of Zimbabwe, previously the Reserves of colonial Rhodesia. In many respects the form of communal tenure found in the Communal Areas today emerged during the early colonial period. While being glossed as ‘traditional’, communal tenure is a contradictory amalgam of local, regional and state initiatives. The discussion outlines the historical development of present tenure relations in the Communal Areas, reviews their multiple sources of legitimacy and suggests that common property regimes in Zimbabwe are not simply the artefact of colonial indirect rule.
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Achiba, Gargule A., and Monica N. Lengoiboni. "Devolution and the politics of communal tenure reform in Kenya." African Affairs 119, no. 476 (May 25, 2020): 338–69. http://dx.doi.org/10.1093/afraf/adaa010.
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Abstract Increased legal access and the devolution of natural resource administration are generally seen as sources of power for local communities and their institutions. However, beyond this widely held expectation, the politics of land reform suggest that legal recognition of rights and devolution is not the only issue with implications for communal tenure reforms. Misconceptions about communal tenure, which are rooted in history, and their appropriation by local elites in the processes of communal tenure reform are characteristic of both colonial and post-colonial governments in Kenya. Although typically articulated and promulgated to enhance political representation and to devolve control over resources to the local level, unresolved issues in the reform process have worked to undermine the legitimacy of communal land rights in contemporary Kenyan society. A case study of the post-2010 community land legislation process demonstrates the continuing relevance of historically conditioned political and ideological representations of communal tenure built during the colonial period and reproduced in policy in independent Kenya. This paper offers reflections on the centrality of sustained communal tenure misconceptions, fetishization of formal governance institutions, and the institutional and power configurations that primarily benefit powerful stakeholders as sources of the current breakdown in the implementation of community land law.
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Chimhowu, Admos, and Philip Woodhouse. "Forbidden But Not Suppressed: a ‘Vernacular’ Land Market in Svosve Communal Lands, Zimbabwe." Africa 80, no. 1 (February 2010): 14–35. http://dx.doi.org/10.3366/e0001972009001247.
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This article examines the status of land tenure in Zimbabwe following the ‘Fast Track’ land reforms of 2000–3. It finds that post-reform land tenure remains strongly dualist, with land sales and rental prohibited on the land (about two thirds of the total) classified as ‘A1’ resettlement or ‘communal areas’, while tradeable leases apply to much of the remainder, classified as ‘commercial land’. The article draws on fieldwork in Svosve Communal Area and on previous studies on land transactions in Zimbabwe to argue that land sales and rental transactions are an enduring feature of land use in Zimbabwe's ‘communal areas’. Moreover, the article argues that, despite government prohibition, there is evidence that such transactions are being fuelled by increasing demand for land arising from the collapse in the non-farm economy in Zimbabwe. The article argues that while the logic of informal (or ‘vernacular’) land sales and rental is widely recognized by land users in communal and resettlement areas, government prohibition, in favour of asserting land allocation rights of customary authorities, is driven by considerations of political control of the rural vote.
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Ingwani, Emaculate. "Struggles of Women to Access and Hold Landuse and Other Land Property Rights under the Customary Tenure System in Peri-Urban Communal Areas of Zimbabwe." Land 10, no. 6 (June 18, 2021): 649. http://dx.doi.org/10.3390/land10060649.
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The struggles of women to access and hold landuse and other land property rights under the customary tenure system in peri-urban communal areas is increasingly becoming a cause for concern. These debates are revealed using a case study of a peri-urban communal area called Domboshava in Zimbabwe. Women living in this peri-urban communal area struggle to access and hold landuse and other land property rights registered under their names. The aim of this paper is to present an analysis of the struggles faced by women to access and hold landuse and other land property rights in Domboshava. This paper is a product of a literature review on land property rights, land tenure systems, and peri-urbanity more generally. Field data was intermittently collected in the peri-urban communal area of Domboshava over a period of four years from 2011 to 2014, as well as through post-research social visits stretching to 2019. Thirty-two women were conveniently selected and interviewed. I applied Anthony Giddens’ structure-agency theory as a framework of analysis. The struggles to access and hold landuse and other land property rights by women are rooted in land transactions, social systems including the customary land tenure, patriarchy, as well as the peri-urban context of Domboshava. Responsible authorities on land administration in communal areas need to acknowledge the existence of new and invented ways of accessing and holding landuse and land property rights under the customary land tenure system, as well as to find ways to mobilize more opportunities for women on the peri-urban land market.
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Chimhowu, Admos, and Philip Woodhouse. "Communal Tenure and Rural Poverty: Land Transactions in Svosve Communal Area, Zimbabwe." Development and Change 39, no. 2 (March 2008): 285–308. http://dx.doi.org/10.1111/j.1467-7660.2008.00480.x.
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Pienaar, JM. "ASPECTS OF LAND ADMINISTRATION IN THE CONTEXT OF GOOD GOVERNANCE." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 2 (June 26, 2017): 14. http://dx.doi.org/10.17159/1727-3781/2009/v12i2a2726.
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This paper explores aspects of land administration where public funding and interests necessitate the application of good governance practices. The South African land reform programme is divided in three sub-programmes, namely land restitution, land redistribution and tenure reform. Land reform is a vast subject, based on policy, legislation and case law. Therefore it is impossible to deal with good governance principles over the wide spectrum of land reform. Special attention is however given to the land restitution programme in terms of the Restitution of Land Rights Act 22 of 1994 and tenure reform in the rural areas by means of the Communal Land Rights Act 11 of 2004. The purpose is not to formulate a blueprint for good governance or to indicate which good governance principles will solve all or most of the land tenure problems. It is rather an effort to indicate that policies and procedures to improve good governance in some aspects of land reform are urgently needed and should be explored further.Restitution of Land Rights Act and the Communal Land Rights Act, is extensive and far-reaching. However, many legislative measures are either impractical due to financial constraints and lack of capacity of the Department of Land Affairs, or are not based on sufficient participation by local communities. Land administration should furthermore be planned and executed in the context of global good governance practices. This includes equal protection; clear land policy principles; land tenure principles according to the needs of individuals and population groups; flexible land registration principles to accommodate both individual and communal land tenure; and appropriate institutional arrangements. It is clear that established good governance principles may solve many of the problems encountered in land administration in South Africa. It is a topic that needs to be explored further.
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Isumonah, V. Adefemi. "Migration, land tenure, citizenship and communal conflicts in Africa." Nationalism and Ethnic Politics 9, no. 1 (March 2003): 1–19. http://dx.doi.org/10.1080/13537110412331301335.
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Salinding, Marthen B. "The Principles of Investment Law in the Management of Mineral and Coal Resources Within Communal Land." Hang Tuah Law Journal 1, no. 1 (July 20, 2017): 76. http://dx.doi.org/10.30649/htlj.v1i1.10.
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The legal forms of land tenure by communal society, known as communal, are varies in Indonesia. Communal title has been considered as a juridical and common term, although each of communal societies actually has their own different technical term. Making communal land as an investment place of managing mineral and coal resources might bring some legal issues for communal society. The first issue related to less optimal implementation of the principles of investment law by both government and investors. It would impact on the emerging conflicts between communal society and investors. Second, the position of communal land loaded by given-period mining permit would turn into the state property after the period ended.
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Frank, Simon Abdi K., Agustinus Wenehen, and Usman Idris. "The land tenure and the land use among supiori in Papua." ETNOSIA : Jurnal Etnografi Indonesia 5, no. 1 (May 31, 2020): 105. http://dx.doi.org/10.31947/etnosia.v5i1.9924.
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This article aims to explore various forms of land tenure and land use in Sorendiweri Village in East Supiori District, Papua Province. This research uses descriptive research using ethnography. The technique of determining informants is done purposively by determining key informants first that guides researchers to search for further informants. Data collection techniques used are in-depth interviews and FGD (Focus Group Discussion). Data analysis was carried out based on the factual culture of the community. The results show that the pattern of land tenure in the local population is communal at the clan level. Then, according to the local population, psychomo-logical and historicize view of customary land is very dominant because it states that customary land tenure in popular clans such as Sauyas that is more in line with history and relationships between clans. In addition, land tenure conflicts often occur because of the spread of land clearing in customary rights for infrastructure development and etc.
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Eisenstadt, Todd A. "Agrarian Tenure Institution Conflict Frames, and Communitarian Identities." Comparative Political Studies 42, no. 1 (November 7, 2008): 82–113. http://dx.doi.org/10.1177/0010414008325273.
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Drawing on a survey of more than 4,000 respondents, this article argues that contrary to claims by the 1994 Zapatista insurgency, indigenous and nonindigenous respondents in southern Mexico have been united more by socioeconomic and land tenure institution variables than by ethnic identity. Based on statistical models, it concludes that in rural southern Mexico, ethnicity alone is less important in shaping peoples' attitudes than whether the dominant land tenure institutions are the “communitarian” state-penetrated ejidos (communitarian collective farms) of Chiapas or the more “individualist” so-called communal lands of Oaxaca. It concludes by affirming that—contrary to many analysts of Chiapas's 1994 indigenous rebellion—external influences (here state-established land tenure institutions) can trump ideology in framing social movements. Rural Chiapas's prevalent communitarian attitudes seem to have resulted partly from exogenous land tenure institutions (ejidos) rather than from endogenous indigenous identities alone, as claimed by Zapatistas and scholars.
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Cheater, Angela. "The ideology of ‘communal’ land tenure in Zimbabwe: Mythogenesis enacted?" Africa 60, no. 2 (April 1990): 188–206. http://dx.doi.org/10.2307/1160332.
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Opening ParagraphLand is widely regarded as central to the politics of both colonial and postcolonial Zimbabwe. Land was, ostensibly, the core issue over which the liberation struggle was waged. On the successful redistribution of land, in Shamuyarira's (1984: 8) view, will depend ‘the future reputation and credibility of the new socio-economic and political order among the Zimbabwean masses’. Land, then, is ‘vital’ (ibid.) to both leaders and led in Zimbabwe.
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Barrows, Richard, and Michael Roth. "Land Tenure and Investment in African Agriculture: Theory and Evidence." Journal of Modern African Studies 28, no. 2 (June 1990): 265–97. http://dx.doi.org/10.1017/s0022278x00054458.
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Economists using a narrowly defined neo-classical model have derived the hypothesis, often treated as an empirically demonstrated proposition, that traditional African systems of ‘communal’ land tenure are inefficient when land has scarcity value. By way of contrast, individualised tenure, typically defined as demarcation and registration of freehold title, is viewed as superior because owners are given incentives to use land most efficiently and thereby maximise agriculture's contribution to social well-being.
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Puente Luna, José Carlos de la. "Of Widows, Furrows, and Seed: New Perspectives on Land and the Colonial Andean Commons." Hispanic American Historical Review 101, no. 3 (August 1, 2021): 375–407. http://dx.doi.org/10.1215/00182168-9051794.
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Abstract Although much has been written about Indigenous land tenure in the Americas, colonial Andeanists still debate whether pre-Hispanic agropastoral communities held all pasture and farmland in common and, therefore, whether novel forms of private or individual control over land and its products were introduced only in the aftermath of the Iberian conquest. The alleged particularities of the Andean case vis-à-vis other regions for which historians accept a plurality of pre-Hispanic and postconquest land regimes are based on a twin set of oppositions: individual versus collective, and ownership versus use. In this essay, I reassess communal land tenure patterns through the lens of Native colonial customs of commoning and uncommoning. I contend that individual and communal aspects of land within Native collectives were not opposite ends of a spectrum but instead coterminous ways of acting on—that is, exerting power and control over—the same resources.
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Dachaga, Walter, and Uchendu Eugene Chigbu. "Understanding tenure security dynamics in resettlement towns: Evidence from the Bui Resettlement Project in Ghana." Journal of Planning and Land Management 1, no. 2 (September 7, 2020): 38–49. http://dx.doi.org/10.36005/jplm.v1i2.21.
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Many researchers have investigated the impacts of resettlement schemes in Ghana. However, not many have explored the tenure dynamics in resettlement and how it either improves or worsens tenure security. This study contributes to filling this gap by assessing tenure security in the Bui Resettlement Town B in Ghana and proposes measures for undertaking resettlement projects in a tenure responsive manner. The study adopted a qualitative and descriptive statistical approach based on data collected using interviews on tenure experiences and resettlement processes concerning the Bui resettlement project (Resettlement Town B) in Ghana. Findings show that tenure insecurity is associated with the resettlement project due to the transformation of tenure from communal holding to individual holding, changes in traditional land governance structures from local chiefs to Bui Power Authority and a general lack of access to land. The study concludes with some measures for improving tenure security in resettlement towns.
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Massay, Godfrey. "The struggles for land rights by rural women in sub-Saharan Africa." African Journal of Economic and Management Studies 11, no. 2 (December 12, 2019): 271–83. http://dx.doi.org/10.1108/ajems-03-2019-0120.
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Purpose The purpose of this paper is to provide examples of how rural women in Tanzania have addressed land rights challenges, showcasing three interventions implemented by Tanzanian Civil Society Organizations. It demonstrates that women have used both legal and traditional systems to negotiate and mediate their claims to land. Although the interventions featured have been greatly shaped by the work of civil society organizations, they have equally been influenced by rural women movements and individual rural women. The cases selected provide understanding of women’s land rights issues in both privately and communally held property/land. Design/methodology/approach This paper presents literature review of the existing secondary data on the subject coupled with the interviews. Findings Informal and formal approaches have been used by rural women to negotiate their claims on both communal and private lands. CSOs have equally shaped the approaches employed by rural women. Research limitations/implications This research was mainly based on the secondary data and few key interviews. There is a need to conduct further analysis of the issues. Practical implications This paper highlights the role of CSOs in improving the participation of women in decision-making bodies. The wave of large-scale land-based investments has caused insecurity of land tenure for women. The paper shows some ways to address the problem in communal lands. Social implications Socially, the papers shows the power relations involved in the struggles over land, as well as the role of traditional systems and bylaws in protecting the rights of women. Originality/value The paper provides dynamics of gendered approach used by women to negotiate their claims in communally held lands. It also highlights the role and space of local and international CSOs in shaping the local context of resistance on land rights. It is a very useful paper for academics and practitioners working on land rights.
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Achiba, Gargule. "Navigating Contested Winds: Development Visions and Anti-Politics of Wind Energy in Northern Kenya." Land 8, no. 1 (January 4, 2019): 7. http://dx.doi.org/10.3390/land8010007.
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State-led development visions and the accompanying large-scale investments at the geographical margins of Kenya rest on the potential of public–private partnerships to fast-tract sustainable development through accelerated investments. Yet, the conceptualisation, planning and implementation of these visions often deploy a depoliticising development discourse that reinforces and expands long-standing misconceptions about the margins primarily directed at pastoral livelihoods and related communal land tenure. This paper illustrates how the implementation of a wind energy project employs the corporate strategies of depoliticising both land claims and development interventions. In Northern Kenya, private sector participation in large-scale wind energy infrastructure has created a complex development apparatus in which players are empowered to undertake the accelerated investments required to shape the delivery of the Kenya Vision 2030 in the region. An analysis of corporate actors’ strategies in the implementation of the contested wind farm presents a depoliticised framing of “low-cost green energy”, representations of pastoral land tenure and corporate social responsibility strategies through which dispossession is justified and legitimised. This case underscores the extent to which corporate counterresistance is shaped by the reproduction of a historical depoliticised discourse about pastoralism and communal tenure and challenges the traditional narrative of government hegemony against local resistance to large-scale land acquisitions (LSLAs).
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Markevich, Andrei, and Ekaterina Zhuravskaya. "The Economic Effects of the Abolition of Serfdom: Evidence from the Russian Empire." American Economic Review 108, no. 4-5 (April 1, 2018): 1074–117. http://dx.doi.org/10.1257/aer.20160144.
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We document substantial increases in agricultural productivity, industrial output, and peasants' nutrition in Imperial Russia as a result of the abolition of serfdom in 1861. Before the emancipation, provinces where serfs constituted the majority of agricultural laborers lagged behind provinces that primarily relied on free labor. The emancipation led to a significant but partial catch up. Better incentives of peasants resulting from the cessation of ratchet effect were a likely mechanism behind a relatively fast positive effect of reform on agricultural productivity. The land reform, which instituted communal land tenure after the emancipation, diminished growth in productivity in repartition communes. (JEL J47, N13, N33, N43, N53, Q11)
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Besteman, Catherine. "Individualisation and the assault on customary tenure in Africa: title registration programmes and the case of Somalia." Africa 64, no. 4 (October 1994): 484–515. http://dx.doi.org/10.2307/1161370.
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Over the past forty years, programmes intended to individualise rights to land have been introduced across Africa. These programmes are supported by an ideology which argues that individualisation is a necessary prerequisite of agricultural investment and development. Utilising data collected on the effects of the national title registration programme in Somalia, and drawing on similar studies of registration programmes in other African countries, this article challenges the assumption that individualisation and registration necessarily result in improved agricultural investment and productivity. On the contrary, the data reviewed here suggest that such programmes have contributed to concentration of ownership, growing landlessness, insecurity of tenure, wealth inequalities, and even declining productivity in many areas. The motivation behind individualisation and registration programmes is analysed, including an examination of the colonial and Western ideological distinction between African ‘communal’ land tenure and modern Western individualised tenure, struggles for power over control of resources, and a tendency to treat land tenure as solely an economic (rather than social) institution.
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Spaulding, Jay. "Individual and Communal Forms of Land Tenure on Echo Island, 1820-1901." Northeast African Studies 2, no. 2 (1995): 115–38. http://dx.doi.org/10.1353/nas.1995.0004.
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Zhao, Xiaoxue. "Land and labor allocation under communal tenure: Theory and evidence from China." Journal of Development Economics 147 (November 2020): 102526. http://dx.doi.org/10.1016/j.jdeveco.2020.102526.
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Krismanika, Ni Ketut, I. Putu Gede Seputra, and Luh Putu Suryani. "Pemberian Hak Guna Usaha di Atas Tanah Hak Komunal Menurut Hukum Pertanahan di Indonesia." Jurnal Interpretasi Hukum 1, no. 1 (August 20, 2020): 161–66. http://dx.doi.org/10.22225/juinhum.1.1.2204.161-166.
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The granting of Communal Rights Certificates is done according to Article 18 of the MATR / KBPN regulation No. 10/2016, if it has been decided that by the Governor, the Regent / Mayor in that place there are indeed indigenous peoples, the Officer will report to the Ministry of National Land Agency (hereinafter abbreviated as BPN) so that it is not changed and the registration of Communal Rights for the land contained therein in that area. This study aims to determine the mechanism for granting communal land rights certificates for customary law associations and also to identify tenure rights with communal rights based on agrarian arrangements. This research is a normative legal research with a statutory approach and analysis approach and legal concepts. The results of this study indicate that the Decree of the Minister of Land said that if the results of the research there were indigenous peoples and their land, the inauguration of the indigenous peoples was decided by the ministry of MATR / BPN of the region to determine and register communal rights over their land in the region's BPN. The communal rights being applied for will be issued in the future the communal rights certificate of the customary law community. After the Communal Rights Certificate is issued from the BPN on behalf of the customary community, the use and use can be cooperated with a third party, in this case if there is a party who is applying for a Cultivation Right on the communal right, then the customary law community may negotiate with the applicant, in order to get the same benefits. The conclusion is that the mechanism for granting communal land rights certificates to customary law associations starts from the report of the customary head to the Regent / Mayor and the granting of Building Use Rights on Communal Rights land is allowed as long as Communal Rights as long as the customary community wants to relinquish these rights or exchange with other land.
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Nyambara, Pius Shungudzapera. "The Politics of Land Acquisition and Struggles Over Land in the ‘Communal’ Areas of Zimbabwe: The Gokwe Region in the 1980s and 1990s." Africa 70, no. 1 (February 2000): 253–85. http://dx.doi.org/10.3366/afr.2001.71.2.286.
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AbstractHistorical writing on agrarian differentiation in rural Zimbabwe has moved away from conceptualising the peasantry as a homogeneous class, and has therefore enhanced our understanding of the process of rural differentiation. While such writing recognises patterns of differential land holding, however, it has not shown clearly how the differences developed over time. There has been a tendency to argue that land distribution in the ‘communal’ areas is less skewed than other variables and therefore acts as a brake on the process of accumulation and differentiation among the peasantry. The article challenges this basic assumption, arguing that ‘communal’ tenure actually facilitated the development of significant disparities in landholding and accumulation by rural households.
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Nwobi, J. C., and M. A. Alabi. "Access to Land and Legal Security of Tenure: Implications and Impact on Rural Development in Abia State, Nigeria." Journal of Physical Science and Environmental Studies 7, no. 2 (August 28, 2021): 15–21. http://dx.doi.org/10.36630/jpses_21004.
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In the rural and communal settings, land rights are culturally attached to indigenous peoples in Nigeria, especially the inhabitants of the southern part of the country. Culturally, the customary land tenure system has generic value and security in such ways that it could be transferred from one owner to owner without restrictions. Security of land tenure is a vital ingredient that enhances the transferability of greater altitudes of investment. The study adopted a random sampling method and selected 1,061 house-owners and administered a set of structured questionnaires that contained questions that probed into issues on their accessibility to land and legal security of tenure. Another set of questionnaires was differently designed to elicit information from other stakeholders (Land managers, Town planning Agencies, Community/Family Heads, etc). Data obtained from the primary source were subjected to empirical analysis. The data were also complemented by secondary data. The findings revealed the socio-economic characteristics of the house-owners, means and duration of the period of land acquisition, determinants of access to land, and the implications on the securing planning permission, construction of illegal structures and the quality of construction. Finally, the paper recommended that tenure security in customary areas can be enhanced through the formalization of customary tenure. Governments should facilitate this process, initially where there is a demand for formalization. There is a need to harmonize reform efforts across customary and statutory law, regulations. Keywords: Land, Access to Land, Security of Tenure, Statutory law, Customary law, Rural Land.
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Shittu, Adebayo Musediku, Mojisola Olanike Kehinde, Maria Gbemisola Ogunnaike, and Funminiyi Peter Oyawole. "Effects of Land Tenure and Property Rights on Farm Households’ Willingness to Accept Incentives to Invest in Measures to Combat Land Degradation in Nigeria." Agricultural and Resource Economics Review 47, no. 2 (August 2018): 357–87. http://dx.doi.org/10.1017/age.2018.14.
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Influence of land tenure and property rights (LTPRs) on farmers’ willingness to accept (WTA) incentives to embrace climate-smart agriculture (CSA) to combat land degradation was examined with choice experiment data collected from 1,138 farmers drawn across 16 States in Nigeria. Data analysis within random-effect and mixed logit framework revealed the existence of strong linkages between the payment vehicle, LTPRs and farmers’ CSA preferences. While farmers who were dependent on leased and/or communal lands expressed implicit dislike for CSA-related investments, the majority with freehold titles, particularly those with registered titles, expressed positive WTA incentives to embrace CSA and combat land degradation.
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Gyasi, Edwin A. "The adaptability of African communal land tenure to economic opportunity: the example of land acquisition for oil palm farming in Ghana." Africa 64, no. 3 (July 1994): 391–405. http://dx.doi.org/10.2307/1160788.
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A school of thought sees the African communal system of land ownership as an inherently conservative arrangement which does not adapt or adapts only slowly to economic opportunity and, therefore, acts as a constraint on development. However, this view, which partly underlies the call for radical land reform measures such as nationalisation, is, generally, not borne out by the performance of the Ghanaian system as assessed on the basis of historical evidence and the findings of a recent survey of peasant oil palm farming. In the nineteenth century, when there was a substantial increase in demand for land for the oil palm against a background of relative land abundance in Ghana, the system responded with land sales, tenancy and other temporary transfers which allowed enterprising migrant farmers, notably Krobo farmers, access to land, while sufficient parcels were retained for use by the communal owners, including the Akyem people, the major vendors of land for oil palm and cocoa farming in the forest zone. This response pattern was repeated in subsequent periods characterised by greater demand for land for the cultivation of cocoa, which supplanted the oil palm as the premier export early in the present century. Further evidence of the adaptability of the communal system is provided by its response to the renewed demand for land in respect of the remarkable post-1970 oil palm boom. A recent sample study of oil palm farming in the Kade, Twifo Praso and Pretsea - Adum Banso areas in the heart of the oil palm belt found that the communal system had been responding to the renewed demand for land associated with the crop's growing profitability, mainly by temporary transfer arrangements to the almost total exclusion of outright sale, apparently to protect the sovereign interest of the community of owners and to secure land for their own use in the wake of rapidly expanding population, urbanisation and attendant increasing land scarcity. But the communal system as traditionally organised continues to be characterised by the insecurity of the tenure granted, especially to stranger farmers, while there are signs that the number of inequitable tenancies is on the increase. These problems might be minimised and land development enhanced by greater enforcement of the new land title registration law, and byflexibletenancy and other land-holding regulatory measures within the general framework of a free market system.
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George Barrie. "The Concept of “Indigenous Land Tenure” Surfaces in Namibia: A Comparative Overview ‒ Agnes Kahimbi Kashela v Katima Mulilo Town Council (SA 15/2017) [2018] NASC 409 (16 November 2018)." Obiter 42, no. 1 (May 2, 2021): 175–85. http://dx.doi.org/10.17159/obiter.v42i1.11065.
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The facts in this case, which fell to be decided by the Supreme Court of Namibia in November 2018, can be succinctly put: in 1985, Ms Kashela’s late father was allocated a piece of land as part of communal land by the Mafwe Traditional Authority (MTA) in the Caprivi region of the then-South West Africa (now Namibia). In 1985, the Caprivi region fell under the then-South West Africa Administration. Following the independence of Namibia on 21 March 1990, all communal lands became property of the state of Namibia by virtue of section 124 of the Constitution of Namibia Act 1 of 1990, read with Schedule 5 of the Constitution. Paragraph (3) of Schedule 5 of the Constitution states that the afore-mentioned communal lands became property of the state “subject to any existing right, charge, obligation or trust existing on or over such property”.
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Naldi, Gino J. "Land Reform in Zimbabwe: Some Legal Aspects." Journal of Modern African Studies 31, no. 4 (December 1993): 585–600. http://dx.doi.org/10.1017/s0022278x00012258.
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The Government of Zimbabwe has only recently begun to implement the commitment of the liberation movements to give land to poor ‘communal’ farmers, especially those dispossessed by the whiteminority régime after Rhodesia's unilateral declaration of independence in 1965. It needs to be recalled that by virtue of the Land Tenure Act of 1969 almost half of the country's agricultural land was allocated to Europeans, who had ‘greater access to the regions considered suited to intensive crop and livestock production’, and that ‘On average, each of the nearly 7,000 European farms was roughly 100 times the size of any of the 700,000 or so holdings in the Tribal Trust Lands’. The fact that much of this land was under-utilised only served to increase African resentment.
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Goodwin, David. "WHATEVER IT TAKES: TENURE SECURITY STRATEGIES OF COMMUNAL LAND RIGHT HOLDERS IN ZIMBABWE." Africa 83, no. 1 (January 22, 2013): 164–87. http://dx.doi.org/10.1017/s0001972012000769.
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ABSTRACTThis article looks at ways in which communal area right holders in Zimbabwe attempt to add security to their land rights when faced with altered circumstances. Apart from quasi-legal means such as ad hoc diagrams, which were beyond the scope of this article, two principal strands were found by which land right security is bolstered. First, investment in interpersonal ties (both with the living and the dead), and second, ceremonies for forging and maintaining links with land. For both, it was found that traditional practices have been bent and adapted pragmatically to suit contemporary contexts. Increased mobility and remoteness from rural homes have also given rise to a degree of abstraction (for example, the symbolic use in urban settings of soil or grain brought from communal areas). Where both custom and formal law coexist pluralistically, custom has proved the more flexible of the two and, unless demonstrably better security is offered, it seems likely that custom will continue to be invoked and modified to provide security for new circumstances.
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Joireman, Sandra Fullerton. "Contracting for Land: Lessons from Litigation in a Communal Tenure Area of Ethiopia." Canadian Journal of African Studies / Revue Canadienne des Études Africaines 30, no. 2 (1996): 214. http://dx.doi.org/10.2307/485161.
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Joireman, Sandra Fullerton. "Contracting for Land: Lessons from Litigation in a Communal Tenure Area of Ethiopia." Canadian Journal of African Studies / Revue Canadienne des Études Africaines 30, no. 3 (1996): 424. http://dx.doi.org/10.2307/485809.
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Joireman, Sandra Fullerton. "Contracting for Land: Lessons from Litigation in a Communal Tenure Area of Ethiopia." Canadian Journal of African Studies / Revue canadienne des études africaines 30, no. 2 (January 1996): 214–32. http://dx.doi.org/10.1080/00083968.1996.10804415.
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Joireman, Sandra Fullerton. "Contracting for Land: Lessons from Litigation in a Communal Tenure Area of Ethiopia." Canadian Journal of African Studies / Revue canadienne des études africaines 30, no. 3 (January 1996): 424–42. http://dx.doi.org/10.1080/00083968.1996.10804429.
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Ghimire, Ram Kumar. "Abolition of 'Kipat' Land Tenure System: The Context and Consequences." Tribhuvan University Journal 27, no. 1-2 (December 30, 2010): 113–20. http://dx.doi.org/10.3126/tuj.v27i1-2.26394.
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'Kipat' was tenure of land existing mainly in Eastern part of Nepal. Thiswas a communal land holding by the Kirats of the then Majh and Pallo Kiratarea. After the unification of the modern Nepal, late king Prithivi Narayan Shah also established the type of tenure in the same manner as it was in the control of the Kirat tiny state. The land tenure system of Kirat was communal. The land wasnot saleable to other persons who were not the progeny of the first user andmaker of the Pakho-Banjo to arable land. It might be given as Dan; theJ immawala might give it by Pajani. The land ultimately was the property of King,and King could make and change on the holding for social use. Kirat area was not the conquered part of Nepal but it was annexed in Nepal by negotiation between the Kirata and the ruler of Nepal. Limbu, Rai and Khumbu devoted land to the king to win mercy and obtain the ranks like Subba, Majhiya, Jimi etc. Mahesh Chandra Regmi claims that Tamang, Sherpa, Kumhal and Lepcha had also this form of tenure. Similarly, Tamang of East No. 1 and 2and Majhi-Bote of Palpa and Achham had tiny Kipat land. But Sherpas of eastern Nepal had no such tenural land. The Rana rulers had also continued the Kipatland tenure system. After the dawn of democracy, the overall pattern of governance changed. In this context, different segments of people raised issues of political and social change. The change of land tenure system was also one among them. The UN agency FAO started to lead for positive changes on land issues. In the 60s, like most of others LDCs, Nepal had adopted the state-led land reform program. In this context, the Land Reforms Act, 1964 was proclaimed. The Land Act was amended many times; Kipat was abolished by the 2ndamendment of the Land Act. The consequences of the Kipat abolition did not show greater influence in social setting, national polity and economy. Some minor effects were shown in this context. Kipatias were from ethnic group. Their main occupation was traditional but after the first and second War, they joined British army in a large number. Some of the Kirat started to go to the India for extra earning. When the income rose, they started to migrate to Tarai. Kipatias could sell their parental land as they need not tie up with the parental land. The abolition of this tenure did not create any kind of problem in social setting. The political power was not centered on some handful persons due to the' Kipat' system. 'Kipat' was not like the Jimindari system, and there was no master servant relationship between peasants and Jimmawals. Generally, the decision wasmade in Kipatia society by social consensus, but not by any order of Jimmawal.
The land-holding pattern was not in big scale in 'Kipat' tenure, so there was less room for the distributional effect. The data were not proper so how muchland was changed to Raikar after the abolition of 'Kipat' is some how unknown. The overall effect was not substantially shown due to the abolition of 'Kipat' tenure. So, it can be said that due to the abolition of 'Kipat' tenure administrative reform was made but not economic reform. After the abolition of 'Kipat', land was not distributed or consolidated. Holding pattern was not changed. 'Kipat' land was not so highly productive land. Mostly 'Kipat' was in hilly region and the quality of the land was not so good. By this, it can be projected that extra revenue from 'Kipat' abolition is not significant.
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Baptiste, April Karen, and Hubert Devonish. "The Manifestation of Climate Injustices: The Post-Hurricane Irma Conflicts Surrounding Barbuda’s Communal Land Tenure." Journal of Extreme Events 06, no. 01 (March 2019): 1940002. http://dx.doi.org/10.1142/s2345737619400025.
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Hurricane Irma caused significant destruction to the Caribbean during the 2017 Atlantic Hurricane season. In its aftermath, many of these Small Island Developing States (SIDS) are left with the dilemma of seeking ways to rebuild in some cases entire nation states. Using the case study of Antigua and Barbuda, where Barbuda was the first Caribbean island to receive a direct hit from Hurricane Irma, the paper begins to explore the ways in which the global system of exploitation of SIDS exacerbates internal historical conflicts which is a manifestation of climate injustices. Specifically, the Barbudans’ relative privilege in having inherited communal land rights have become, for the government, the barrier standing in the way of the only alternative funding sources for reconstruction, foreign tourism investment. Using the theoretical underpinnings of climate justice, we argue that the causers of climate change, who are generally the inheritors of the historic colonization, exploitation and impoverishment of these states, will effectively benefit from the intensity of Hurricane Irma, given that they will eventually get access to Barbudan land if the communal land rights are revoked.
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Osborne, Tracey. "Fixing Carbon, Losing Ground: Payments for Environmental Services and Land (IN)Security in Mexico." Human Geography 6, no. 1 (March 2013): 119–33. http://dx.doi.org/10.1177/194277861300600108.
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Community-based carbon forestry has grown rapidly in Chiapas over the last decade, where small farmers with communal land tenure are increasingly turning to forest activities as a supplement to income. Communal land rights, however, are under siege because of neoliberal shifts in agrarian reform that make the privatization of communal land a legal possibility for the first time in generations. In this paper, I argue that the requirements of Mexico's national Payment for Environmental Services (PES) program for legible boundaries and the long-term storage of carbon appear to be facilitating land certification, the initial step toward privatization. This is being accomplished through a new set of governing technologies and rationalities associated with land security. As national and state level bureaucracies retreat from providing social supports, they simultaneously enable market-driven sustainable development initiatives that require the certification of land. Combined with the logics and simplifications necessary for the commodification of nature, project participants’ ideological commitments to land security have facilitated certification and an internal land market. I argue that certification, by itself, drives local land markets, producing land insecurity without privatization. This, in turn, threatens land access for the most marginalized members of communities. I illustrate the ways in which this phenomenon has played out in La Corona, a community in the Lacandon Jungle of Chiapas, Mexico.
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Kennedy, A. G. "Disputes about bocland: the forum for their adjudication." Anglo-Saxon England 14 (December 1985): 175–95. http://dx.doi.org/10.1017/s0263675100001332.
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It is my purpose in this article to discuss one aspect of land tenure in Anglo-Saxon England. For good reason there has been little enduring agreement among scholars on fundamental tenurial questions, and opinion on issues of interest to legal historians has tended to be cyclical. There are no contemporary manuals on land law, and as legal documents the primary sources are intractable and opaque. It is hardly surprising, therefore, that scholars have held and continue to hold divergent views about the essential incidents that attached to bocland and folcland, the two types of tenure that are usually taken to be comprehensive of all independent landholding in the Anglo-Saxon kingdoms after the introduction of written title in the seventh century. At present the most popular explanations of these tenures derive in essence from the thesis set out by Sir Paul Vinogradoff nearly a hundred years ago. Vinogradoff argued that folcland was so called because it was subject to folcriht, the general communal law of the land, and that bocland was land freed by the royal act embodied in the diploma (OE boc) from the constraints and burdens which folcriht imposed. The diploma was thus a kind of private statute in favour of the grantee. The thesis has its difficulties, and few have accepted it without reservation, but alternative views have similarly failed to find wholehearted support.
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Zaim, Zaflis, and Imam Buchori. "Adaptation to the Climate Change Impact through Community Participation on Customary Land Use." Journal of Geoscience, Engineering, Environment, and Technology 4, no. 2 (June 30, 2019): 139. http://dx.doi.org/10.25299/jgeet.2019.4.2.2777.
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Climate Change and global warming have brought some policy to reduce the impacts by adaptation and mitigation strategies. One adaptation strategy is to increase land use size in agriculture area base on community participation. On the other hand, sustainable development needs cooperation mainly on common investment. The aim of the study is to identify the land utilization process, role model and level of participation on customary land. We use observation and deep interview method to analyze this study. The result shows that the customary land utilization process has realized through public deliberation with local Fig.s. The agriculture programs operated with Wanatani concept or agro-forestry by housewives where multi-level strategy is mutually beneficial. Around 30 housewives have been participating in producing agriculture products, i.e., coffee, milk candy, palm sugar, and ginger powder. The level of participation especially for female farmers at RW 01, which shows a percentage of 16.6%. Generally, community participation has encouraged the gotong-royong model while has to contribute in their time, tools and materials to develop the communal shed. In conclusion, the land tenure system has taken with sharing benefits between local government & farmers. The customary tenure has recognized as one of the tenure systems in Indonesia, especially on Adat land management.
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Schumacher, Melissa, Pamela Durán-Díaz, Anne Kristiina Kurjenoja, Eduardo Gutiérrez-Juárez, and David A. González-Rivas. "Evolution and Collapse of Ejidos in Mexico—To What Extent Is Communal Land Used for Urban Development?" Land 8, no. 10 (October 7, 2019): 146. http://dx.doi.org/10.3390/land8100146.
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The ejido system, based on communal land in Mexico, was transformed to private ownership due to neoliberal trends in the 1990s. Based on the theory of stakeholders being agents of change, this study aimed to describe the land policies that changed the ejido system into private development to show how land tenure change is shaping urban growth. To demonstrate this, municipalities of San Andrés Cholula and Santa Clara Ocoyucan were selected as case studies. Within this context, we evaluated how much ejido land is being urbanized due to real estate market forces and what type of urbanization model has been created. These two areas represent different development scales with different stakeholders—San Andrés Cholula, where ejidos were expropriated as part of a regional urban development plan and Santa Clara Ocoyucan, where ejidos and rural land were reached by private developers without local planning. To analyze both municipalities, historical satellite images from Google Earth were used with GRASS GIS 7.4 (Bonn, Germany) and corrected with QGIS 2.18 (Boston, MA, US). We found that privatization of ejidos fragmented and segregated the rural world for the construction of massive gated communities as an effect of a disturbing land tenure change that has occurred over the last 30 years. Hence, this research questions the roles of local authorities in permitting land use changes with no regulations or local planning. The resulting urbanization model is a private sector development that isolates rural communities in their own territories, for which we provide recommendations.
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Pienaar, Gerrit. "The Alleviation of Poverty by Security of Communal Land Tenure: The Land Titling Debate in South Africa." International Journal of Environmental, Cultural, Economic, and Social Sustainability: Annual Review 5, no. 1 (2009): 49–64. http://dx.doi.org/10.18848/1832-2077/cgp/v05i01/54547.
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Lightfoot, Natasha. "Disrepair, Distress, and Dispossession." Small Axe: A Caribbean Journal of Criticism 24, no. 2 (July 1, 2020): 133–46. http://dx.doi.org/10.1215/07990537-8604550.
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The crisis unleashed in Barbuda by Hurricane Irma in 2017 followed centuries of neglect by the British colonial state and then by the postcolonial government of its sister island, Antigua. Barbuda developed customary communal-land tenure as a result of its peculiarities in slavery and freedom, and this survival strategy has doubled as political and economic resistance to encroachment by Antigua, where private land ownership and uneven opportunity abound because of the unstable, cyclical nature of its main industry—tourism. Although Barbudans have long delimited tourism development and refused private land ownership, citing communal land as their shield, these issues have resurfaced in the rebuilding process after Hurricane Irma. Barbudans’ desires to maintain their previous way of life remain hampered by the Antiguan government’s disaster capitalist desires to reconstruct Barbuda as a resort paradise. This essay reveals how climate change, economic fragility, and uncertain sovereignty have collectively undermined Barbuda’s customary forms of independence, leaving dispossession in their wake.
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Tronvoll, Kjetil. "Meret Shehena, ‘Brothers' Land’ S. F. Nadel's Land Tenure on the Eritrean Plateau Revisited." Africa 70, no. 4 (November 2000): 595–613. http://dx.doi.org/10.3366/afr.2000.70.4.595.
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AbstractThis article revisits S.F. Nadel's study on land tenure in highland Eritrea from the mid‐1940s, and presents the current framework of the communal land tenure system of meret shehena. Under the meret shehena system, all land under the domain of the village is perceived as the common property of the village inhabitants. To restrict outsiders access to land, habitation rights (tisha) to the villages is guided by agnatic descent, and individuals obtain usufruct rights to land through residence in the village. The article proves that since Nadel's study almost sixty years ago, descent rules defining habitation rights have been changed, in order to restrict distant descendants returning to the village and claiming their land rights. Nevertheless, the overall workings of the system that redistributes all shehena land every seventh year to the village inhabitants, shows a remarkable resemblance to the observations made by Nadel. It appears that the customary operational guidelines of the system are virtually unaffected by wars and political turbulence during the last fifty years, following the core principle that each male adult individual with habitation rights (tisha) who marries and establishes a separate household, will be entitled to an equal share (gibri) of the village land, in order to secure the livelihood of all household members.
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Du Plessis, Elmien. "African Indigenous Land Rights in a Private Ownership Paradigm." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 7 (June 9, 2017): 44. http://dx.doi.org/10.17159/1727-3781/2011/v14i7a2617.
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It is often stated that indigenous law confers no property rights in land. Okoth-Ogenda reconceptualised indigenous land rights by debunking the myth that indigenous land rights systems are necessarily "communal" in nature, that "ownership" is collective and that the community as an entity makes collective decisions about the access and use of land.[1] He offers a different understanding of indigenous land rights systems by looking at the social order of communities that create "reciprocal rights and obligations that this binds together, and vests power in the community members over land". To determine who will be granted access to or exercise control over land and the resources, one needs to look at these rights and obligations and the performances that arise from them. This will leave only two distinct questions: who may have access to the land (and what type of access)[2] and who may control and manage the land resources on behalf of those who have access to it?[3] There is a link with this reconceptualisation and the discourse of the commons. Ostrom's classification of goods leads to a definition of the commons (or common pool of resources) as "a class of resources for which exclusion is difficult and joint use involves subtractablity".[4] The questions this article wishes to answer are: would it firstly be possible to classify the indigenous land rights system as a commons, and secondly would it provide a useful analytical framework in which to solve the problem of securing land tenure in South Africa?[1] Okoth-Ogendo "Nature of Land Rights" 100.[2] See Ben Cousin's comments and examples in Cousins "Characterising 'Communal' Tenure" 122.[3] Okoth-Ogendo "Nature of Land Rights" 100.[4] Feeny et al 1990 Human Ecology 4.
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Oduro, C. Y., and R. Adamtey. "The vulnerability of peri-urban farm households with the emergence of land Markets in Accra." Journal of Science and Technology (Ghana) 37, no. 1 (February 12, 2018): 85–100. http://dx.doi.org/10.4314/just.v37i1.8.
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Accra, the capital of Ghana, is a fast-growing African city. Its growth has brought in its wake an ever-increasing demand for land, which has in turn led to the emergence of a land market that is increasingly supplanting the age-old customary land tenure system. The customary land tenure system is based on communal, rather than individual ownership of land. However, over the last few decades, the system has come under pressure from the forces of rapid urbanization, city expansion and increasing demand for land for urban development. The purpose of this paper was to examine the vulnerability of residents of indigenous communities in peri-urban Accra due to the emerging urban land market. The case study approach has been used to explore vulnerability among residents of two indigenous communities in peri-urban Accra in respect of their ability to access land. Household surveys, focus group discussions and key informant interviews involving community members, leaders and municipal officials were the main techniques used to collect data. The study revealed that indigenous and long-term residents had their farmlands converted to urban development without any measures in place to protect them from the collapsing customary land tenure system and the evolving urban land market. This has negatively impacted their quality of life, especially with respect to livelihoods. There is therefore the need for municipal assemblies to include the preservation of farmlands in the management of physical growth and land use so as to minimize the rate at which farmlands are being converted to urban development. Measures should also be put in place to restore farm households that have lost their land to urban development in the form of compensation and provision of alternative livelihoods. Keywords: Vulnerability; customary; land tenure; urban growth; land market
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Powell, Philip T. "Traditional production, communal land tenure, and policies for environmental preservation in the South Pacific." Ecological Economics 24, no. 1 (January 1998): 89–101. http://dx.doi.org/10.1016/s0921-8009(97)00033-5.
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Barnes, Jonathan I., James Cannon, and James Macgregor. "Livestock production economics on communal land in Botswana: effects of tenure, scale and subsidies." Development Southern Africa 25, no. 3 (September 2008): 327–45. http://dx.doi.org/10.1080/03768350802212121.
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Williams-Wynn, Christopher. "Applying the Fit-for-Purpose Land Administration Concept to South Africa." Land 10, no. 6 (June 5, 2021): 602. http://dx.doi.org/10.3390/land10060602.
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What potential will the fit-for-purpose land administration concept have of working in the Republic of South Africa? This question is asked against the existence of a high-quality cadastre covering most of the South African landmass. However, a large proportion of the people living in South Africa live outside of this secure land tenure system. Many citizens and immigrants reside on communal land, in informal settlements, in resettled communities, in off-register housing schemes, and as farm dwellers, labour tenants and other occupants of commercial farms. Reasonable estimates suggest that there are more than 5 million land occupations that exist outside the formal land tenure system and hence outside the formal land administration system. This paper looks at the current bifurcated system and considers how the application of the fit-for-purpose land administration system can expand the existing cadastral system and provide security of tenure that is beneficial and acceptable to all. It demonstrates that, not only could it work, but it is also considered to be necessary. This paper uses South Africa as a case study to demonstrate how adjustments to institutional, legal and spatial frameworks will develop a fully inclusive, sufficiently accurate land administration system that fits the purpose for which it is envisioned. These country-specific proposals may well be of international interest to assist with the formulation of fit-for-purpose land administration systems being developed in other countries.
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Asrida, Wan, Raja Muhammad Amin, and Auradian Marta. "Bentuk-Bentuk Kekuasaan dalam Pemanfaatan Tanah Ulayat di Kabupaten Kampar." Nakhoda: Jurnal Ilmu Pemerintahan 17, no. 1 (March 7, 2019): 39. http://dx.doi.org/10.35967/jipn.v17i1.7057.
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This research attempts to analyze the forms of power in the utilization of communal land in Kampar Regency. The interests of indigenous peoples in terms of ulayat land tenure feel threatened by the existence of plantation corporations by bringing large investments which ultimately provide economic added value for the Government and Regional Government. This study uses qualitative research methods with a phenomenological approach. Data was obtained through interviews conducted with elements of the Kampar District Government, Lembaga Adat Kampar (LAK), the Archipelago Indigenous Peoples Alliance (AMAN) Kampar, and traditional leaders. Technical data analysis in this study was conducted interactively. The argument from this study shows that there are 2 (two) forms of power that influence the implementation of ulayat land use in Kampar Regency. The first is visible power, where the practice of power occurs in the formal sphere in the policy-making process of recognizing and protecting customary law communities in Kampar District. In addition, the practice of visible power is also evident from the interaction between actors in resolving communal land conflicts that occurred in Kampar District. While the second form of power in the utilization of communal land is hidden power. This hidden power practice is carried out by corporate actors who are suspected of taking over customary land by playing their power in licenses issued by the Government.
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Monson, Andrew. "Royal Land in Ptolemaic Egypt: A Demographic Model." Journal of the Economic and Social History of the Orient 50, no. 4 (2007): 363–97. http://dx.doi.org/10.1163/156852007783245098.
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AbstractRecent studies in Ptolemaic agrarian history have emphasized the regional differences between the Fayyum and the Nile Valley, where private land was more extensive. This article proposes a demographic model that regards communal rights on royal land in the Fayyum as an adaptation to risk and links privatization with population pressure. These correlations and their reflection in Demotic and Greek land survey data raise doubts about the common view that patterns of tenure on royal land in the Fayyum can be attributed to more intensive state control over this region. De récents travaux relatifs à l'histoire agraire de l'Egypte Lagide ont mis en évidence les différences régionales entre le Fayoum et la vallée du Nil, où la terre privée était prédominante. Cet article propose un modèle démographique qui considère les droits communaux sur la terre royale dans le Fayoum comme une stratégie d'adaptation aux risques et lie la privatisation de la terre avec la pression démographique. Ces corrélations, attestées dans les documents cadastraux, remettent en question le consensus selon lequel l'organisation de la culture de la terre royale dans le Fayoum était soumise à un contrôle étatique plus strict.
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Abubakari, Zaid, Christine Richter, and Jaap Zevenbergen. "Plural Inheritance Laws, Practices and Emergent Types of Property—Implications for Updating the Land Register." Sustainability 11, no. 21 (November 1, 2019): 6087. http://dx.doi.org/10.3390/su11216087.
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Sustaining up-to-date land registers in the global south is an increasing concern for the protection of tenure, development of land markets and long-term sustainable planning practices and policy. It requires both the prompt reporting of land transfers and also an alignment between prevailing land rights and official recording systems. The literature on land registration highlights some effects of inheritance practices on the land register and land development. Taking these studies a step further, our research investigates how such effects evolve from the rules that guide inheritance practices using a qualitative research approach. We found that normative practices of inheritance mostly lead to communal property through numerous processes which have implications on the timing and likelihood of possible registration. Also, we found that the significance of land and buildings in the social context transcends the physical property per se and includes dimensions of spirituality and social identity. Our findings explain the misalignment between the official and social logics of property and suggest likelihood of non-reporting. We conclude that flexibility is required in recording communal rights in rural areas and that the transition to individual property is more likely in peri-urban and urban areas where the social logics of property have broken.