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1
LUTSENKO, D. "Property expectations in the Anglo-Saxon legal system." INFORMATION AND LAW, no. 2(49) (June 12, 2024): 230–39. http://dx.doi.org/10.37750/2616-6798.2024.2(49).306295.
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This article examines the concept of proprietary expectations in the context of the Anglo-Saxon legal system. It analyzes the nature and significance of property expectations for individuals and companies operating in this legal system. Research focuses on how property expectations affect legal relationships, including contractual obligations, property, and other aspects of civil law. Understanding this concept is important for the effective functioning of the legal system and ensuring justice in society. The Anglo-Saxon legal system, emerging in England before the Norman Conquest of 1066, provides a fascinating study of early medieval property law. This legal framework was characterized by its integration of customary practices, local judicial decisions, and evolving notions of land tenure and ownership. The period saw the development of property expectations rooted in both communal obligations and individual rights, laying foundational principles that would influence English common law.The Anglo-Saxon period (circa 410-1066 AD) was marked by a transition from Roman to Germanic influences, profoundly affecting legal conceptions of property. Land was the primary source of wealth and power, and its control was crucial for maintaining social and political structures. Early Anglo-Saxon laws, as recorded in various legal codes such as those of King Æthelberht, King Ine, and King Alfred, reflect a blend of tribal customs and practical needs of agrarian communities. Property was primarily communal, with the king or local lords acting as custodians of land. The concept of “bookland” (land granted by charter) versus “olkland” (land held by customary right) illustrates the dual nature of property rights, blending formal grants with traditional usage. Inheritance laws were pivotal in ensuring the continuity of landholding families. Male primogeniture was not strictly followed; instead, property could be divided among sons, and even daughters could inherit under certain conditions. Wills and charters often provided detailed instructions for the division of land, reflecting both family intentions and societal norms. Disputes over property were common and were resolved through a mix of local assemblies (moots), royal courts, and ecclesiastical adjudication. Witness testimony and oath-taking were critical in establishing claims, underscoring the importance of community reputation and support. The Church played a significant role in property matters, both as a major landowner and as an influencer of legal principles. Monasteries and bishoprics received extensive land grants, often protected by royal charters. The Church’s involvement added a spiritual dimension to property rights, intertwining religious duty with legal obligations. Over the Anglo-Saxon period, there was a gradual shift from collective to more individualistic notions of property. This transition was facilitated by the increasing use of written charters, which provided clearer, legally enforceable records of land transactions. The development of more formalized legal procedures also contributed to this evolution, offering more consistent mechanisms for resolving disputes and enforcing property rights. The property expectations and legal practices of the Anglo-Saxon era laid the groundwork for the feudal system introduced by the Normans. Many principles, such as the importance of written documentation, judicial dispute resolution, and the interplay between royal authority and local customs, persisted and evolved into the common law traditions of England. The Anglo-Saxon legal system’s treatment of property provides invaluable insights into the early development of English law. By balancing communal norms with emerging individual rights, it established enduring principles that would shape the trajectory of property law in medieval England and beyond. Understanding these early legal frameworks helps to appreciate the complexities and continuities in the history of English property law.
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Ubink, Janine M. "Tenure Security: Wishful Policy Thinking or Reality? A Case from Peri-Urban Ghana." Journal of African Law 51, no. 2 (September 25, 2007): 215–48. http://dx.doi.org/10.1017/s0021855307000307.
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AbstractMany areas in Africa facing land shortage and competition witness increasingly restricted and insecure access to land for the poor majority. Mounting evidence of reduced tenure security shows that customary systems are often unable to evolve equitably. In contrast with this crisis in customary land administration, current international land policy is witnessing renewed interest in customary tenure systems. Ghana's current land policy resonates with this international trend. This article focuses on peri-urban Kumasi, Ghana, to acquire an insight into struggles and negotiations over customary land tenure in a rapidly urbanizing area. It then tries to explain why policymakers, in Ghana and in general, do not yet seem to have reflected the crisis in customary land management in their policies. The article concludes with some recommendations as to how policymakers could respond.
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Gebremichael, Brightman. "Heartrending or Uplifting: The Ethiopian Urban Land Tenure System Reform and Its Reflection on Tenure Security of Permit Holders." Journal of Developing Societies 33, no. 3 (August 22, 2017): 291–310. http://dx.doi.org/10.1177/0169796x17716995.
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In this article, I reflect on the implication of the urban land tenure systems of the three political regimes of Ethiopia on the objective element of land tenure security of urban landholders, particularly, permit holders. The objective element of land tenure security can be assessed in terms of clarity and breadth, duration, assurance, and enforceability of land rights. On these foundations, I argue that the objective element of tenure security of urban landholders in Ethiopia has been reduced with each subsequent regime. The Imperial regime’s urban land tenure system affected the objective land tenure security of urban landholders in terms of enforceability of land rights—particularly limiting the right to appeal to a presumably independent court of law with regard to the amount of compensation awarded for the loss of land rights through expropriation. The Derg regime’s urban land tenure system, on the other hand, had narrowed the breadth of land rights to possessory right; it introduced other grounds in addition to expropriation, by which a landholder could lose his land rights, it adopted a vague and broad understanding of “public purpose” for expropriation, and it introduced a compensation scheme that left a landholder compensated inadequately; and it totally prohibited bringing a legal action in presumably an independent court of law against the government. Even more, the post-1991 urban land tenure system has perpetuated the objective land tenure insecurity of permit holders by making the land rights unclear until the enactment of regulation; and to be valid for a definite period of time by mandatorily demanding its conversion to lease system.
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Shoemaker, Jessica. "Complexity's Shadow: American Indian Property, Sovereignty, and the Future." Michigan Law Review, no. 115.4 (2017): 487. http://dx.doi.org/10.36644/mlr.115.4.complexity.
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This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today’s federally imposed reservation property system does much of the same colonizing work that historic Indian land policies—from allotment to removal to termination—did overtly. But now, these inequities are largely overshadowed by the daunting complexity of the whole land tenure structure. This Article introduces a new taxonomy of complexity in American Indian land tenure and explores in particular how the recent trend of hypercategorizing property and sovereignty interests into ever-more granular and interacting jurisdictional variables has exacerbated development and self-governance challenges in Indian country. This structural complexity serves no adequate purpose for Indian landowners or Indian nations and, instead, creates perverse incentives to grow the federal oversight role. Complexity begets complexity, and this has created a self-perpetuating and inefficient cycle of federal control. Stepping back and reviewing Indian land tenure in its entirety—as a whole complex, dynamic, and ultimately adaptable system—allows the introduction of new, and potentially fruitful, management techniques borrowed from social and ecological sciences. Top-down Indian land reforms have consistently intensified complexity’s costs. This Article explores how emphasizing grassroots experimentation and local flexibility instead can create critical space for more radical, reservation-by-reservation transformations of local property systems into the future.
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Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.
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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.
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Katusiime, Juliet, and Brigitta Schütt. "Linking Land Tenure and Integrated Watershed Management—A Review." Sustainability 12, no. 4 (February 23, 2020): 1667. http://dx.doi.org/10.3390/su12041667.
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Land tenure is given attention in the general discussions on conservation and management of natural resources, but the necessary holistic approach to understand the linkages is less considered. Thus, we considered a watershed as a unit of reference and Integrated Watershed Management as a holistic land and water resources management approach with various roles and touchpoints with land tenure issues. To examine the role of land tenure on the management of natural resources in watersheds, we reviewed and compiled literature that captures watershed issues, integrating aspects of land tenure, and aiming to identify the key land tenure roles, dynamics, and its influences on integrated watershed management. Land tenure is observed playing various roles in watersheds and, thus, also on integrated watershed management as an approach—as a driver of change, influence for investment decisions, an incentive for adoption of practices, and leading to sustainability. Land tenure dynamics range from land tenure security, land tenure forms, land access and acquisition modalities, and how these aspects of land tenure relate with integrated watershed management.
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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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Pienaar, Gerrit. "The Methodology Used to Interpret Customary Land Tenure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (May 29, 2017): 152. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2506.
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Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC) and Delgamuukw v British Columbia 1997 3 SCR 1010. This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation, the court has to rely, in addition to the evidence of indigenous peoples, on the expert evidence of anthropologists and sociologists in determining the nature of aboriginal title (in Canada) and indigenous land tenure (in South Africa). The court must approach the rules of evidence and interpret the evidence with a consciousness of the special nature of aboriginal claims and the evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in. The court must not undervalue the evidence presented simply because that evidence does not conform precisely with the evidentiary standards that would be applied in, for example, a private law tort case.
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Mostert, Hanri. "Tenure Security Reformand Electronic Registration: Exploring Insights from English Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 3 (June 9, 2017): 84. http://dx.doi.org/10.17159/1727-3781/2011/v14i3a2577.
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This paper examines the potential significance of updating registration practices in resolving some of the issues about tenure security in a transformative context. It deals with the importance of good governance in the context of land administration and considers its impact on intended reforms. Land registration practice as an indicator of the quality of governance is scrutinised. The debate about the kinds of interests to be served by tenure security reforms is considered. A comparative law analysis demonstrates how demands for electronification, placed on registration systems, can reshape the process of securing tenure. The paper then highlights issues for further investigation and discussion.
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Daryono. "The Transformation of Land Law in Indonesia: The Persistence of Pluralism." Asian Journal of Comparative Law 5 (2010): 1–32. http://dx.doi.org/10.1017/s2194607800000259.
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AbstractTransforming a pluralistic tenure system into unified statutory rights has been a major objective of the development of property law in many developing countries. Many law and development scholars have assumed that unified land rights are a pre-condition to development and that a pluralistic tenure land system is a major source of uncertainty and insecurity. This article challenges this commonly held assumption by way of a case study of Indonesia's effort to unify the laws governing land. The author demonstrates that the unification of land law in Indonesia has not resulted in certainty and security of tenure. Instead, this process has been adversely affected by an imprecise private law system, and an inadequate administrative/public law system which has created even more forms of pluralism. The resultant effect of this process is the creation of multiple legal orders governing the current land affairs in Indonesia, such as a formal system, a customary system and a “semi-formal” system.
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Assies, Willem. "Land tenure, land law and development: some thoughts on recent debates." Journal of Peasant Studies 36, no. 3 (July 2009): 573–89. http://dx.doi.org/10.1080/03066150903142824.
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C. S., Okafor,, and Udobi, N. A. "An Analysis of the Difference Between Traditional Land Tenure Systems and the Land Use Act, No 6 of 1978, Nigeria." Journal of Advanced Research and Multidisciplinary Studies 4, no. 3 (July 19, 2024): 90–103. http://dx.doi.org/10.52589/jarms-ubb0ospq.
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Land tenure systems are important aspect of any society and the very soul through which societies and countries advance in civilization as they define the manner in which land is held and managed in a society. Even though traditional land tenure systems and customary land tenure systems existed before now, the promulgation of the Land Use Act introduced a new system of land ownership which repealed every other existing laws and introduced uniformity in the land ownership systems as practicable across the country. This paper examines the traditional land tenure systems applicable in Igbakwu community, Ayamelum Local Government Area, of Anambra State together with the practicable general land tenure systems of the South East Zone, Nigeria while comparing it with the Land Use Act, 1978. The major aim of the paper is to analyse the difference between traditional land tenure system and the Land Use Act, No 6 of 1978 while enumerating the salient points obtainable in both systems. Members of clans and villages were interviewed while secondary data was obtained from textbooks and journals. Recommendation includes revision of the existing laws through consultations with professionals to reach a consensus and prevent the law from veering off its original objectives. The study however highlights the need for a more probable tenure system to tackle land distribution due to increase in population.
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Strack, Mick. "Land and rivers can own themselves." International Journal of Law in the Built Environment 9, no. 1 (April 10, 2017): 4–17. http://dx.doi.org/10.1108/ijlbe-10-2016-0016.
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Purpose The purpose of this paper is to describe and critically review the new tenure arrangements that have been established to recognise Māori relationship with land (Te Urewera) and river (Whanganui River), to ascribe them their own legal personality. Design/methodology/approach The paper describes the development of the legal arrangements in Aotearoa, New Zealand, for Treaty settlements with Māori, and documents the various forms of rights and divisions of space that are changing the face of property institutions. Findings The paper finds that the acknowledgement of land and nature as having their own legal status and, therefore, owned by themselves is bold and innovative, but is still not a full recognition of customary tenure. The recognition of rivers as indivisible entities is stated but not clearly implemented. Practical implications Māori interests and authority are now more clearly articulated, and Māori may expect to be able to engage in customary practices and restore their traditional relationships with their land more explicitly. Social implications The avoidance of an ownership regime has tempered public concerns about issues such as ownership of flowing water. The formalities are still being completed in the case of the Whanganui River, so the full implications are yet to be felt. Originality/value This is an innovative development in tenure arrangements seen by some as providing for the rights of nature, but actually responding to the rights of the Indigenous people. This article may inform others about possible models for more diverse tenure arrangements elsewhere.
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Rotherham, Tony. "A leasehold tenure system for publicly owned forest land." Forestry Chronicle 86, no. 5 (September 1, 2010): 597–600. http://dx.doi.org/10.5558/tfc86597-5.
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The forest products industry is in a period of profound transition. Several provinces are reviewing forest land tenure systems. Perhaps a new approach can be tried, but we must not forget the lessons of the past 30 years during which the delivery of forest management has improved based on clear lines of responsibility and accountability. A leasehold tenure system based on contract law providing security of tenure and designed to accommodate both SFM Certification and Forest Carbon Projects might be worth consideration. Key words: forest land ownership, tenure, leasehold, long-term planning, forest crop planning
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Katusiime, Juliet, and Brigitta Schütt. "Towards Legislation Responsive to Integrated Watershed Management Approaches and Land Tenure." Sustainability 15, no. 3 (January 25, 2023): 2221. http://dx.doi.org/10.3390/su15032221.
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Land tenure affects integrated watershed management approaches in various ways, such as influencing land use and investment in sustainability practices and decisions. However, some land tenure and integrated watershed management relations need more examination, including how the prevailing relevant legislation responds and the needed course of action. In this paper, we provide relevant evidence to support a shift to responsive actions and legislation through (a) examining land tenure scenarios affecting integrated watershed management, including the public–private land tenure co-existence from a watershed perspective; (b) the responsiveness of the prevailing relevant legislation to integrated watershed management and the land tenure scenarios and (c) identifying legislative remedies recommendable for responsiveness. We use qualitative methods to review secondary data sources, including four legislations, and complement them with field survey data. Field experiences are from three sub-catchments in the Lake Victoria basin, each representing a different land tenure system, as case studies. Land tenure links with integrated watershed management in various ways, such as influencing land use decisions. However, underscoring the relationship from the private and public land tenure perspective also indicates a complex and tense spatial relationship. As such, it likely limits adopting sustainable land use and management practices in watersheds as a case. Regardless, the perceptions from the study area indicate the land tenure systems and forms enabling sustainable choices and decisions, despite limitations such as tenure insecurity. The disconnect between integrated watershed management aspirations of ensuring sustainability, the land tenure abilities and the subsequent human practices is mainly institutional, with the relevant legislation indicating a low to moderate level of responsiveness to integrated watershed management approaches and land tenure, thus, abating effectiveness. Therefore, we suggest a shift towards responsive programming and legislation and the adoption of model legislation to support responsiveness replication. We also recommend further studies to assess the legal gaps and feasibility thereof.
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Ye, Ruiping. "Torrens and Customary Land Tenure: a Case Study of the Land Titles Registration Act 2008 of Samoa." Victoria University of Wellington Law Review 40, no. 4 (May 3, 2009): 827. http://dx.doi.org/10.26686/vuwlr.v40i4.5249.
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This article describes the customary land tenure in Samoa, and analyses the effects of the introduction of a Torrens system of land registration on the customary land tenure. In particular, it examines the registration of adjudicated customary land (customary land in respect of which judgment has been made by the Land and Titles Court) under the Land Titles Registration Act 2008, as well as the combined effect of the Taking of Land Act 1964 and Torrens registration on customary land. It argues that the LTRA 2008 may be repugnant to the Constitution and that the Torrens system is incompatible with customary land tenure. It recommends that the law expressly exclude customary land from the indefeasibility of title effect of the Torrens system.
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RIFALDI, Ahmad Asha, and Yogi PRASETYO. "Disparity Between Corporate And Community Land Tenure And National Land Law Accountability." Protection: Journal Of Land And Environmental Law 1, no. 2 (November 30, 2022): 147–54. http://dx.doi.org/10.38142/pjlel.v1i2.631.
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Abstract: The existence of corporations has a negative impact on society, causing conflicting perceptions regarding the legal certainty of land before the establishment of Law Number 5 of 1960 concerning the Principles of Agrarian Law, this is because land is an ecological relationship, namely a relationship that is naturally bound and legally bound so that with the existence of this agrarian law to provide legal certainty and the position of land ownership rights for the community. The reason the author took this title aims to examine more deeply the existence of land tenure gaps and legal liability so that this can add insight into public knowledge in the agrarian field. in writing this journal, researchers used normative methods or literature studies, namely all sources of reference obtained based on journals, websites, books, articles and referring to the agrarian law. with the regulations that have been determined, it aims to provide welfare, justice and prosperity for the community so that the gap in land tenure by corporations can be overcome.
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Handayani, I. Gusti Ayu Ketut Rachmi, Lego Karjoko, Abdul Kadir Jaelani, and Jaco Barkhuizen. "The Politics Settlement of Land Tenure Conflicts During Jokowi’s Presidency." Journal of Indonesian Legal Studies 7, no. 2 (December 21, 2022): 487–524. http://dx.doi.org/10.15294/jils.v7i2.57539.
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This study was prompted by the high rate of land tenure conflicts in forest areas. In the 2015-2020, a total of 10,000 conflicts were experienced in Indonesia, and a legal approach was used to conduct this normative study. Furthermore, the data collection was through literature and the legal norm method was used for analysis. The results showed that the government reduced the treatment of the conflict by establishing the Directorate of Customary Forest Tenure Conflict Management institutions and legal products of Presidential and Ministerial Regulations. However, the forest land tenure conflict was not resolved during the Joko Widodo administration and was increased by 50 percent from the previous administration of President Susilo Bambang Yudhoyono. Meanwhile, this conflict can be resolved through the role affirmation of State Administrative Law in determining forest areas with legal certainty and justice. The assertion was conducted by enforcing this law against licensing violations and building integrated conflict resolution in creating legal certainty and equity.
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Wala, Gevan Naufal. "Existence of Customary Land According to the Basic Agrarian Law." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 2, no. 2 (July 4, 2023): 1143–46. http://dx.doi.org/10.57235/aurelia.v2i2.596.
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Land tenure by indigenous peoples tends to be ignored. This situation occurs because government policies do not pay attention to developments in land tenure by indigenous peoples. In essence, customary law is law that is recognized for public purposes. Because of this, the state and government should provide protection for the rights of indigenous peoples which are included in the state constitution. This is also stated in Law Number 5 of 1960 concerning Basic Agrarian Regulations. Traditionally owned land or called ulayat land, in essence according to custom is land that cannot be contested and cannot be owned in the form of individuals. However, in these regulations, land can become land rights that can be owned individually without erasing the existence of customary land from customary law communities in Indonesia. The existence of customary law will never retreat or be displaced from the world of politics in building national law, considering that customary law has the ability to adapt and be flexible.
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Sahari, Alpi. "Land Tenure Conflicts After the End of Use Rights for Plantation Legal Entities in Indonesia." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 4, no. 2 (May 8, 2021): 2439–46. http://dx.doi.org/10.33258/birci.v4i2.1944.
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Land problems almost occur throughout Indonesia, without exception in Medan, North Sumatra Province. In Medan there is PTPN II land which, due to community needs, the government chose not to extend the HGU (Hak Guna Usaha) for the benefit of the community. The government considers that the people need this land more in order to meet the needs of life and the welfare of the entire community. The method used in this paper is juridical normative by adopting a legal synchronization approach, both vertically and horizontally, on land tenure conflicts after the expiration of the Legal Entity for Plantation Companies in Indonesia. Data obtained through literature search. The results show that the provisions regarding land tenure have been regulated in Law number 5 of 1960 concerning Basic Agrarian Principles or often referred to as UUPA. In article 16 paragraph 1 of Law Number 5 of 1960 UUPA, it is stated that land rights include ownership rights, land use rights, building use rights, usage rights, lease rights, land opening rights, rights to collect forest products, other rights that are not included in the rights mentioned above which will be stipulated by law as well as rights which are temporary as mentioned in Article 53 of Law Number 5 concerning UUPA. The existence of land rights that have been regulated in law often creates confusion and overlaps in the control of the land object. There is still a lack of and low understanding of the law by the majority of the community, are often used by irresponsible individuals with the intention of obtaining benefits in the form of land rights through control of the land. Then the role of the government has not run optimally in protecting the rights of land controlled by the community. The government has not been able to collect data and make complete registrations of land tenure in Indonesia. This is the cause of the frequent occurrence of land tenure conflicts so that the participation of all levels of society as well as the government is urgently needed..
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Tramel, Salena. "The Tenure Guidelines in Policy and Practice: Democratizing Land Control in Guatemala." Land 8, no. 11 (November 6, 2019): 168. http://dx.doi.org/10.3390/land8110168.
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This paper explores the challenges for democratizing land and natural resource control in Guatemala through use of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests (Tenure Guidelines). This international human rights instrument comes at a critical moment, in which the current global land rush has shaped contemporary agrarian transformation with serious implications for the right to food and control of natural resources. The Tenure Guidelines provide us with a unique opportunity to put land and natural resource tenure squarely under the prescriptions of international human rights law, rather than allowing tenure to be subsumed by a narrow understanding of property rights based on civil and merchant law. In Guatemala, we are witnessing a political opening, where the government has incorporated the language of the Tenure Guidelines into its regulatory framework unlike any other country in Latin America. At the same time, the world watches on while a slow-motion coup engulfs the Central American country, reflecting a global trend of gutting democracies and coopting the language and legislation meant to protect them. Thus, the implementation of the Tenure Guidelines is strongly contested by state and corporate actors seeking to use the instrument in order to gain political legitimacy for the expansion of agribusiness like oil palm and sugarcane, and other forms of extractive industry. This paper’s findings indicate that when applied together with a rights-based approach, the Tenure Guidelines are a powerful social and political tool. Such is especially true of the most marginalized populations who require protection and respect for their existing tenure rights, promotion of reforms for better access to and control over land and resources, and restoration of tenure rights resulting from displacement or dispossession.
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Ekpodessi, Serge G. N., and Hitoshi Nakamura. "Impact of Insecure Land Tenure on Sustainable Agricultural Development: A Case Study of Agricultural Lands in the Republic of Benin, West Africa." Sustainability 14, no. 21 (October 28, 2022): 14041. http://dx.doi.org/10.3390/su142114041.
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This study assesses the impact of insecure land tenure on sustainable agricultural development in Africa to demonstrate how the economic profitability of agriculture strongly depends on land tenure security. The Republic of Benin is used as the case study following the country’s recent enactment of land law 2013-01 that focuses on reorganizing the land sector, which has suffered from inappropriate management since the colonial era. Through an interview survey among landowners and presumed owners combined with standardized observations in designated rural areas, issues related to the use and management of rural lands in the Republic of Benin are highlighted and discussed. The result demonstrates that agricultural economic profitability strongly depends on land tenure security. The outcome reveals land security as a key factor for sustainable agriculture toward poverty reduction and confirms the unbreakable link between land tenure security, agricultural production, and sustainable development.
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Whitmeyer, Joseph M., and Rosemary L. Hopcroft. "Community, Capitalism, and Rebellion in Chiapas." Sociological Perspectives 39, no. 4 (December 1996): 517–38. http://dx.doi.org/10.2307/1389420.
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In this paper, we examine the role of local land tenure, community solidarity, and recent commercialization in the 1994 rebellion in Chiapas. We find that neither the ejido land tenure system, nor community solidarity, nor community disruption and proletarianization due to recent economic change, may be considered as primary causal factors behind the revolt. We find the best explanation for the revolt to lie in the desire of certain groups, notably immigrants to the Lacondón rain forest area, for land, and in recent changes in land tenure law which have ended their hopes of acquiring land. The primary effect of economic change was indirect. It promoted population growth, which has led to increasing pressure on land.
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Nasir, Gamal Abdul, and Ade Saptomo. "Customary Land Tenure Values in Nagari Kayu Tanam, West Sumatra." Cosmopolitan Civil Societies: An Interdisciplinary Journal 14, no. 3 (December 15, 2022): 30–45. http://dx.doi.org/10.5130/ccs.v14.i3.8099.
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The transfer of rights or transactions does not exist in customary land tenure because it is a common property; thus, it can never be transferred to another party. On the other hand, in the Minangkabau indigenous community, West Sumatra, there is a shift in the concept of ulayat land tenure that occurs through two forms of change with six values: religious-magical, self-existence, socio-kinship, cultures and customs, structural and socio-economic asset values. This research will present the concept of the customary land tenure, which is based on these values. The study uses the socio-legal method with sociological approaches, including historical and case approaches. This research shows that there has been a change in land tenure values, moving from communal ownership to individual ownership. There has been an interaction between the laws, the incorporation interaction. It becomes the right concept for the customary land tenure in the future.
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Boast, Richard P. "Sir John Salmond and Maori Land Tenure." Victoria University of Wellington Law Review 38, no. 4 (July 9, 2019): 831. http://dx.doi.org/10.26686/vuwlr.v38i4.5539.
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This chapter is deals with Salmond's engagement with Maori land issues, principally in his capacity as counsel to the Law Drafting Office and while Solicitor-General. Salmond appears to have had firm views on the extent of Native title in New Zealand, arguing either that all land vested in dominium in the Crown on the acquisition of British sovereignty, or, as a kind of fall-back position, that there were at least some parts of the Dominion, such as navigable lakes or the foreshore, where native title could not be asserted in any circumstances, not even in the Native Land Court. While it is tempting to conclude that Salmond's views were nothing more than the orthodoxy of the day, this paper argues that matters were more contested than is sometimes thought. Salmond developed considerable expertise in the technicalities of Maori land law, an expertise developed initially in the drafting of the Native Lands Bill of 1909 and which is reflected in various opinions he prepared while Solicitor-General and in his famous dissenting judgment in Boyd v Mayor of Wellington.
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Irawan, Bimbi, Endriatmo Soetarto, Meti Ekayani, and Alinda F. M. Zain. "The Conversion of Ownership Type of Communal Land for Economic Activity, Resilience of Customary Law Community to State Policy." Jurnal Antropologi: Isu-Isu Sosial Budaya 25, no. 2 (December 28, 2023): 201. http://dx.doi.org/10.25077/jantro.v25.n2.p201-211.2023.
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Communal land, the dominant form of land ownership in West Sumatra Province, is a legal place customarily to carry out economic activities with the principle of mutual benefit, and no transfer of communal land ownership is permitted. However, current state policies in economic activity tend to change the form of communal land ownership. The legality constructed by the state has made the transfer of ownership of communal land when used for economic activity, which disrupts the system of ownership and tenure of communal land. These conditions led to the emergence of community resilience in maintaining ownership and tenure of communal land. The method used in this research is a case study in two villages/ nagari, where data collection was carried out through in-depth interviews with several elements in the nagari. Community resilience is carried out by converting communal land ownership from nagari communal land to clan or subclan communal land and vice versa. The conversion of ownership type is a form of the resilience of the community against state policies that threaten communal land ownership and tenure while at the same time maintaining a balance of social and economic benefits from the use of communal land for economic activity.
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Soliman, Ahmed Mounir. "The Right to Land: To Whom Belongs after a Reconciliation Law in Egypt." Journal of Contemporary Urban Affairs 6, no. 2 (February 14, 2022): 96–111. http://dx.doi.org/10.25034/ijcua.2022.v6n2-1.
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A revolutionary book by De Soto to formalize land tenure by changing “dead capital” to “life capital” has become the trademark in Egypt of issuing a temporary reconciliation law of 2019 and its amendment to approve a legal certificate to the violators against a certain fee. The question is does this law legalize informal housing? Is it enough to introduce a legal certificate to secure land tenure for the violators? How would this law apply on the ground? Depending on the deductive methodology, this paper traces sociotechnical transitions concerning legalizing the status quo of building/land, tenure security, real-estate markets (formal/informal) caused by laws on buildings violations reconciliation. The idea is to take a step back and look at a wide-angle of the problem in the future to arrive at a clear picture of the influences of the introduction of a new law on the land market, before making a decision. The paper assumes that the temporary reconciliation law in Egypt is opening the debate on the alteration of land management to govern the status quo of the chaos of the right to land. It concludes this temporary reconciliation law has created a state of decayed/wealth, social inclusion/exclusion of the bottom of the social pyramid nevertheless to whom the justification is affected.
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Powelson, John P. "Land tenure and land reform: past and present." Land Use Policy 4, no. 2 (April 1987): 111–20. http://dx.doi.org/10.1016/0264-8377(87)90045-7.
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Carey Miller, D. L., and Anne Pope. "South African land reform." Journal of African Law 44, no. 2 (2000): 167–94. http://dx.doi.org/10.1017/s0021855300012201.
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This article looks at the essential features and the effects of the South African land reform initiatives launched in the mid-1990s. After examining the context in which these initiatives have taken place, it deals separately with the three subprogrammes of land reform, namely, land restitution, land redistribution and land tenure reform. It discusses two particular features of the programme: its provision of title to millions of South Africans and its adjustment of the correlative position between the landowner and the holder of a lesser possessory or occupational right.
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Gebremichael, Brightman. "Public Purpose as a Justification for Expropriation of Rural Land Rights in Ethiopia." Journal of African Law 60, no. 2 (February 15, 2016): 190–212. http://dx.doi.org/10.1017/s0021855315000285.
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AbstractExpropriation of private land rights involves two contradictory interests: there is a public need for land; and landholders expect security of tenure and protection of their private property rights. A satisfactory expropriation policy must strike a balance between these interests. Legislation must therefore only authorize the government to expropriate land rights for a clear and limited public purpose under the supervision of an independent body. The author argues that Ethiopia's rural land laws have defined the public purpose for the expropriation of rural land rights in different ways depending on the nature of the landholders. For peasants and pastoralists the public purpose requirement is defined vaguely and broadly, whereas for investors the concept is limited to projects implemented by government. The author argues that the protection of private property rights and security of tenure are further undermined by a legislative failure to authorize affected people to appeal to an independent body on the basis that the public purpose requirement has not been satisfied.
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Callies, David L., and Michael B. Dowling. "Land Tenure, Alienation and Foreign Investment in the Pacific." Asia Pacific Law Review 4, no. 2 (December 1995): 47–68. http://dx.doi.org/10.1080/18758444.1995.11788029.
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Saltman, Michael. "Feudal Relationships and the Law: A Comparative Enquiry." Comparative Studies in Society and History 29, no. 3 (July 1987): 514–32. http://dx.doi.org/10.1017/s0010417500014705.
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This essay is no more than a preliminary endeavor to examine analogies between principles of land tenure in the recent history of an East African society and what appear to be strikingly similar principles that obtained in the twelfth and thirteenth centuries in England. If these analogies are demonstrable with a reasonable degree of plausibility, a useful framework of reference may be established within which some broader theoretical issues can be discussed. One such issue is that, given a degree of structural similarity between two or more social systems, there might be a corresponding equivalence in the logic of legal thought in response to a common object of litigation—in this particular case, the subject of land tenure.
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Mackenzie, Fiona. "Conflicting Claims to Custom: Land and Law in Central Province, Kenya, 1912–52." Journal of African Law 40, no. 1 (1996): 62–77. http://dx.doi.org/10.1017/s0021855300007130.
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In antithesis to legislation on land tenure introduced through the Land Registration Act, 1959, premised on the notion in English common law that the right to allocate land was equivalent to exclusive ownership, “ownership” under customary tenure in Kenya was “essentially heterogeneous and divisible”. People differentiated by age, gender and wealth had bundles of rights defined, in Okoth-Ogendo's words, by “the status differentia which a particular category of membership in a production unit carries”. The complexity and elasticity of customary land law, Okoth-Ogendo demonstrates, derived from its separation of access rights from allocative rights, and the subjection of the latter “to the economic tasks required of the former”. This distinction and the ensuing visibility in legal discourse of both use rights and rights of allocation was critical, as Okoth-Ogendo indicates, in ensuring “the proprietary position” of women, the primary agriculturalists, in societies such as that of the Kikuyu, which are frequently classified as patrilineal.
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Wijaya, I. Ketut Kasta Arya, I. Made Suwitra, Ni Made Jaya Senastri, T. Nazarrudin, and Sulaiman. "Patterns of Indigenous Land Tenure and Utilization: Comparison of Customary Law in Balinese and Acehnese People." Asian Research Journal of Arts & Social Sciences 22, no. 3 (March 18, 2024): 41–49. http://dx.doi.org/10.9734/arjass/2024/v22i3521.
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Aim: This study examines and analyzes changes in patterns of tenure and utilization of customary land in line with changes and developments in society in the era of globalization and tourism industry both in Bali and in Aceh. There were lands that were originally customary lands. Customary. Some have changed their function while others are still functioning as customary lands. The purpose of this study is to analyze the causes of changes in patterns of tenure and utilization of customary lands in the Indigenous Peoples of Bali and Aceh. Before the change in orientation related to the use of customary land which still adheres to the communal and religious functions of customary land, but along with economic development and in the era of globalization, the tenure and utilization of customary land has undergone changes that lead to economic orientation. A controversial issue in land is the concept of economic function and social function of land which is the basis for excessive land use. One of the sources of the problem is the construction of tourism facilities, resulting in the economic value of the land being so high. Methods: This study uses mixed methods as legal research, namely between normative and empirical legal research by using field data and secondary data. Results: Found that in anticipating changes in the pattern of tenure and utilization of customary lands in the indigenous peoples of Bali and Aceh, the government and stakeholders need to design and implement various policy models that can maintain the sustainability of culture, environment, and the interests of the indigenous peoples of Bali and Aceh. A policy model that favors indigenous peoples in providing protection for customary lands in Bali and in Aceh. Community involvement and facilitating institutional development within indigenous peoples in decision-making in the ownership and use of customary land. Conclusion: Indigenous Peoples in the era of globalization have an important role in anticipating changes in the pattern of tenure and utilization of customary land in order to maintain cultural values, identity, and community welfare. For this reason, steps need to be taken, including strengthening indigenous peoples through education and self-awareness, strengthening identity and culture, active involvement of indigenous peoples in decision making and the establishment of customary institutions in representing indigenous peoples related to their interests.
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Lucia Berardinelli, Anna. "Judicial Activism in Brazil”S Constitutional Court?: Studies in the Recognition of Brazilian Indigenous Tenure rights." Udayana Journal of Law and Culture 1, no. 1 (January 30, 2017): 1. http://dx.doi.org/10.24843/ujlc.2017.v01.i01.p01.
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Small part of entire Brazil’s national territory is already demarcated as indigenous land. It has been revealed that the Natives were killed because of land issues, indicating that land issues and tenure rights are the epicenter of the problem. This article focuses on the cardinal point of Brazilian legal debates: keeping indigenous people’s tenure over the land they have been occupying immemorially. The analysis explores normative aspects on constitutional and legal protection over Brazilian indigenous rights and further scrutinizes the relevant case law that was settled before the Brazil’s Constitutional Court.
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Mailissa, Ani, Thomas M. Silaya, Husain Marasabessy, and Mersiana Sahureka. "Kajian Hak Tenurial Masyarakaat Adat Dalam Pengelolaan Hutan di Dusun Melinani Kecamatan Seram Utara Kabupaten Maluku Tengah." MAKILA 15, no. 2 (December 31, 2021): 141–50. http://dx.doi.org/10.30598/makila.v15i2.4842.
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The tenure rights of indigenous peoples over the management of natural resources is an exciting topic because the existence of indigenous law communities depends on forest natural resources. This study aims to find out the types of rights of indigenous peoples in forest management in Melinani Hamlet. The method used in this study is a qualitative descriptive method. The data collection techniques used are interviews and observation techniques. The results of the survey showed the tenure rights of the people of Melinani Hamlet, North Seram District of Central Maluku Regency, included six types of rights, namely extraction rights, management rights, renting rights, guaranteed rights, selling rights, and inheritance rights to access and manage forests in Hkm. The land tenure system is based on petuanan, clan, and individuals with diverse utilization patterns. According to soa Mailissa's predominantly land tenure, the land tenure system includes extraction rights, management rights, and inheritance rights. The marga system by the Mailissa Clan and individually carried out by the head of the family.
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Mahfirah, Shara Mitha. "THE MAXIMUM LIMIT OF LAND OWNERSHIP BY LEGAL ENTITIES BASED ON STATUTORY." Journal Equity of Law and Governance 1, no. 1 (April 23, 2021): 61–67. http://dx.doi.org/10.55637/elg.1.1.3245.61-67.
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Land is one of the essential elements related to human life. The proverb says, we were created from the ground and will return to the ground. Land issues in the community have influenced land conflicts, namely in the legal dimension, into the economic, political, social and defense and security dimensions. The government needs to establish policies in regulating land tenure as mandated by Law Number 5 of 1960 concerning Basic Agrarian Principles, Article 7 and Article 17. Land tenure can be classified into two legal subjects, namely individuals and legal entities. Regulations regarding land tenure by individual legal subjects have been regulated in detail, unlike land tenure by legal entities. The problem formulation s of this research is how the maximum limit of land ownership by legal entities and how the Rights over land controlled by legal entities. In addition, this research aims to identify and understand the impact caused by over-limit control by legal entities. The method of this research is normative legal research and using several approaches such as legal approach and conceptual approach Therefore, the government's firmness in implementing the UUPA contained in articles 7 and 17 to establish policies in order to achieve optimization of land use for the welfare of the entire Indonesian nation and avoid prolonged conflicts.
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MacWilliam, Scott. "Smallholdings, land law and the politics of land tenure in Papua New Guinea." Journal of Peasant Studies 16, no. 1 (October 1988): 77–109. http://dx.doi.org/10.1080/03066158808438383.
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Anderson, Terry L., and Dean Lueck. "Land Tenure and Agricultural Productivity on Indian Reservations." Journal of Law and Economics 35, no. 2 (October 1992): 427–54. http://dx.doi.org/10.1086/467261.
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Mujiburohman, Dian Aries, Rohmat Junarto, M. Nazir Salim, Dwi Wulan Pujiriyani, Westi Utami, and Dwi Titik Wulan Andari. "The Issues of Land Tenure in Mixed Marriage." Jurnal Ilmiah Peuradeun 11, no. 1 (January 30, 2023): 19. http://dx.doi.org/10.26811/peuradeun.v11i1.818.
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One of the problems in mixed marriages of different nationalities is joint property. Most mixed-married couples do not make property separation agreements because they are unaware that the Marriage Law governs them. The absence of a marriage agreement results in a mix of assets, which means that foreigners own half of the joint property. The provisions in the land law/ UUPA state that foreigners are prohibited from having land rights except for usufructuary rights and rental rights. This study applied the normative legal research method with a statutory and case-based approach. This study showed that if mixed marriage actors did not have a property separation agreement, Indonesian citizens' land rights ownership status was equal to that of the foreigners. Second, jurisprudence still required a separation of properties in mixed marriages. The agreement could be made before, during, or after the marriage. Third, marriage institutions could conduct legal smuggling to obtain land rights in Indonesia through borrowing names (nominees), usually carried out in an unregistered marriage.
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Olumba, Cynthia Nneka, Guy Garrod, and Francisco Jose Areal. "Time Preferences, Land Tenure Security, and the Adoption of Sustainable Land Management Practices in Southeast Nigeria." Sustainability 16, no. 5 (February 21, 2024): 1747. http://dx.doi.org/10.3390/su16051747.
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Sustainable land management (SLM) practices are important for tackling agricultural land degradation. This study investigates the association between farmers’ time preferences and their adoption of SLM practices (agroforestry, terracing, and land fallow practices) with intertemporal benefits, and further documents the moderating role of land tenure security in this relationship. The analysis in the paper is based on data from a survey of 480 farmers in south-east Nigeria, complemented by semi-structured interviews. Farmers’ time preferences were elicited using both a survey and experiments with hypothetical payouts. Land tenure was conceptualised as a composite concept to suit the legally pluralistic context of the study area. This study found that many of the sampled farmers have high discount rates. The result further shows that farmers’ time preferences are negatively associated with their adoption of agroforestry and land fallow practices. Moreover, the result shows that both legal and de facto tenure security encourage the adoption of SLM practices. Other factors influencing the adoption of SLM practices include gender, household size, education, credit constraints, marital status, risk attitude, farming experience, and farm characteristics (e.g., erosion problems and steepness of slope). Furthermore, this study found that the security-enhancing effect of land tenure security (de facto) can alleviate the negative influence of time preferences on farmers’ adoption of SLM practices. The findings suggest that farmers with higher discount rates, who have secure tenure rights to land, are more likely to adopt SLM practices, compared to similar farmers without tenure security.
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M. D., Md Damiri, Pakhriazad H. Z., Paiman B., and Mohd Hasmadi I. "Revisiting British Malaya's Era: An Intriguing Historical Legal Analysis of Land Administration and Colonial Forestry." Journal of Politics and Law 16, no. 4 (October 3, 2023): 27. http://dx.doi.org/10.5539/jpl.v16n4p27.
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The land and forest administration system in Malaysia faces a complexity bias due to the misinterpretation of rules and legislation, leading to increased disputes. The reliance on British law for matters like land ownership amplifies this issue, and the intricacies of static and dynamic arrangements further compound the complexity. Previously, Malay rural land rights were based on usufructuary principles, but the colonial land alienation policy redefined unalienated land, land reserved for public purposes, and reserved forests as State Land. This study seeks to comprehensively review and analyse legal rules, cases, statutes, and regulations to understand ancient land law practices and the influence of British colonial land law on land administration. Conducted in Peninsular Malaysia, the study focuses on primary documents, cases, and critical analyses from three states: Perak, Penang, and Kelantan. The findings of the study highlight the contentious nature of land rights and autonomy in utilizing natural resources in Malaysia. The country inherits both formal and informal land tenure systems rooted in customary law, making dispute resolution challenging. The principal characteristic of ancient land law is based on a hypothetical model of the ancient customary land tenure system, encompassing different eras, missions, and principles. Significantly, the study reveals a direct and strong connection between colonial land law and current land law practices in the respective states. Additionally, Malaysia's land law has been influenced by Islamic law (Syariah) to some extent and blended with other ancient customary laws before the introduction of Torren in 1897.
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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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Acheson, F. O. V. "The Ancient Maori System of Land Tenures." Victoria University of Wellington Law Review 30, no. 2 (June 1, 1999): 667. http://dx.doi.org/10.26686/vuwlr.v30i2.6011.
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This article is a thesis written for the Jacob University Joseph Scholarship 1913, Victoria University College, Wellington, New Zealand. The author discusses the system of Maori land tenure and finds that the Maori possessed a definite system of land tenure that was universally recognised and almost habitually respected. Even with occasional resistance to the system, those customs were not materially affected, nor did it have any lasting effect on rights in land. The author also finds that "force" was somewhat frequently used as a means of commanding respect for rights in land, thus leading many people to mistakenly believe that "force" constituted the whole of Maori "law" and that their only law was a "Law of the Strong Arm". The author concludes that it remains for us to deal with a few of the ordinary customs under which land was actually held, leaving over the great bulk of these customs for future treatment.
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Babić, Marko. "Land Register Entry as the Condition for Real Estate Transactions and Investments." Acta Economica Et Turistica 3, no. 2 (December 1, 2017): 161–81. http://dx.doi.org/10.1515/aet-2017-0016.
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AbstractThis article deals mostly with land registers. It demonstrates clearly what is the significance of this legal element in continental European legal systems especially those who follow Germanic legal tradition (like Croatia). As such, land registers provide legal certainty and transparency which are highly desired and valued among potential business investors. Therefore, we may rightly award it with cornerstone status within the law of real property.
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Kemigisha, Prudence. "Land Tenure Regimes and Women’s Land Rights in Uganda; Legality and the Land Legal Framework." Advances in Social Sciences Research Journal 8, no. 1 (January 17, 2021): 116–33. http://dx.doi.org/10.14738/assrj.81.9462.
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A review on the implications of land tenure regimes on women’s land rights is relevant in the Ugandan context and other countries in Africa due to the fact that land is in many ways the most important productive resource to possess or have access to. Rights over land are associated with social identity and help to regulate what people do with that land as a source of livelihood. Despite the critical contribution of land resource, it is not equitably distributed. The position of women in land accessibility, control and ownership is still precarious under the different tenure regimes in Uganda. A literature review was conducted to assess the implications of the tenure regimes on women land rights in Uganda, with specific reference to the land legality and the legal framework. From the literature reviewed, the study indicates that women’s right to land under the land holding systems are largely limited to access rights but not ownership rights. Ugandan women face significant challenges accessing justice when their rights are violated. The lack of clear distinction between legitimacy and legality of land rights makes it difficult to attain effective women’s rights to land. A combination of contemporary and customary law still restricts land rights of women in that the statutory instruments in place have failed to grant women the right to land. The study recommends that the necessary change required to narrow the gender gap in land rights necessitates simultaneous struggles over the norms and legal structures governing women’s land rights.
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Salmerón-Manzano, Esther, and Francisco Manzano-Agugliaro. "Worldwide research trends on land tenure." Land Use Policy 131 (August 2023): 106727. http://dx.doi.org/10.1016/j.landusepol.2023.106727.
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Mahendra, I. Gusti Made Oka, and Dewa Gede Pradnyana Yustiawan. "LEGAL VALIDITY OF LAND TENURE BY FOREIGNERS THROUGH MIXED MARRIAGES OBTAINED FROM INHERITANCE FROM THE UUPA PERSPECTIVE." POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 2, no. 2 (May 26, 2023): 187–97. http://dx.doi.org/10.55047/polri.v2i2.619.
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This scientific paper aims to examine the legal validity of land tenure by foreigners through mixed marriages obtained from inheritance, with a focus on the perspective of the UUPA (Undang-Undang Pokok Agraria). It also investigates the legal consequences that arise from the cancellation of ownership rights to land obtained through inheritance by foreigners. The presence of mixed marriages in Indonesia has implications for joint property ownership in marriage. According to Article 35 of the Marriage Law, joint property refers to assets acquired during marriage that become shared property. However, Article 21, paragraph (3) of the Basic Agrarian Law (Law No. 5/1960) lacks clarity in terms of norms governing land tenure by foreigners derived from inheritance. This ambiguity arises from the absence of a defined time limit or clear provisions regarding land tenure by foreigners through inheritance. This research utilizes normative legal research methods, employing legislative, conceptual, and analytical approaches. Foreign nationals can acquire land ownership if they enter into a mixed marriage with Indonesian citizens. In such cases, the land must remain under the ownership of the Indonesian citizen, with a joint property separation agreement established prior to the mixed marriage. The heirs of foreign nationals can still hold Hak milik land acquired through inheritance, but only for a period of one year. After this period, the land reverts to state ownership. Foreign nationals have the option to sell the land to an Indonesian citizen or apply for a Right of Use through the National Land Agency, in accordance with the applicable regulations.
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Lam, Maivan. "The Imposition of Anglo-American Land Tenure Law on Hawaiians." Journal of Legal Pluralism and Unofficial Law 17, no. 23 (January 1985): 103–28. http://dx.doi.org/10.1080/07329113.1985.10756288.
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Arizona, Yance, and Umi Illiyina. "The Constitutional Court and Forest Tenure Conflicts in Indonesia." Constitutional Review 10, no. 1 (May 31, 2024): 103. http://dx.doi.org/10.31078/consrev1014.
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With regard to access to land and forest resources, forestry legislation maintains an imbalance between the state, corporations, and local communities. Since the colonial era, forestry regulation has facilitated restrictions on the ability of local communities to benefit from land and forest resources, while also concentrating power in the hands of the state. To uphold state ownership, forestry law criminalizes customary practices, putting local communities at risk. In this sense, conflicts between local communities, corporations, and government agencies arise because of structural issues in the legal framework of laws and regulations that undermine the land rights of local communities. The establishment of the Constitutional Court in Indonesia in 2003 has enabled local communities and NGOs to challenge the Forestry Law. They use the Constitutional Court to support the resolution of forestry tenure conflicts. This article examines the extent to which the Constitutional Court can contribute to the resolution of forest tenure conflicts through judicial review of forest laws. This article discusses twelve Constitutional Court decisions regarding judicial review of the Forestry Law and the Law on Forest Destruction Prevention and Eradication. We found that the Constitutional Court has made a positive contribution to addressing the deficiency of forest legislation regarding local and customary land rights. The implementation of Constitutional Court’s ruling is not, however, a matter of self-implementation. The ruling of the Constitutional Court will only have significance if it is continuously promoted by various stakeholders in support of forest tenure reform to facilitate the resolution of forest tenure conflicts.