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1
Rosenfeld, Jean E. "Prophets, Land, and Law: Maori Holy Spirit Movements and the Domesday Book." Alternative Spirituality and Religion Review 12, no. 1 (2021): 17–38. http://dx.doi.org/10.5840/asrr202211880.
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The experience of colonialization and Christianization among the Maori of Aotearoa (New Zealand), the Polynesians’ furthest settlement in the Southern Hemisphere, resulted in significant population decline of the Maori, land alienation, the rise of nativist revitalization movements, and British laws regarding land tenure that conformed to a Domesday Book tradition of conquest and social stratification. Nativist religious movements attempted to regain the land, reverse Maori population decline, and avoid the pathological consequences of aporia, a Greek word that signifies “without a bridge.” Three successive “Holy Spirit” movements arose to heal the breach between the old world of the Polynesians and the new world of British colonization and Christianization. Adherents assumed an identity as Israelites—the children of Shem—and challenged the Christian dominance of the Pakeha (European New Zealanders). From this culture clash came the Land Wars of the nineteenth century and the emergence of a new, biracial nation.
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Jansen, Louisa J. M., and Patrick P. Kalas. "Improving Governance of Tenure in Policy and Practice: Agrarian and Environmental Transition in the Mekong Region and Its Impacts on Sustainability Analyzed through the ‘Tenure-Scape’ Approach." Sustainability 15, no. 3 (January 17, 2023): 1773. http://dx.doi.org/10.3390/su15031773.
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Land relations in the Mekong Region are marked by the densely populated and intensively cultivated lowlands and the more extensive settlement and cultivation areas in the uplands. Land-use changes in the lowlands and uplands are interlinked and are a key process of agrarian and environmental transition. The ‘tenure-scape’ approach is introduced as a qualitative analysis combining integrated landscape approaches, governance and rights-based approaches, while underlining the centrality of legitimate tenure rights, limitations and obligations. This approach is used to analyze the impact of the Green Revolution and the global commodity boom, in particular the growth of rubber and coffee, on sustainability in the Mekong countries, i.e., Cambodia, Lao People’s Democratic Republic, Myanmar and Viet Nam. The way forward points to the use of the elements of the ‘tenure-scape’ approach to re-valuate the potential contribution of smallholder farmers to the wider physical and societal landscape. The ultimate goal is to go from transition to transformation toward a more secure, equitable future for those at risk of being excluded from effective access to, use of, and control over land, fisheries, forests and water resources, which are providing the basis for their livelihoods if the concession model of land-based investments were to be continued.
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Pienaar, Juanita M. "The Mechanics of Intervention and the Green Paper on Land Reform." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 2 (April 21, 2017): 675. http://dx.doi.org/10.17159/1727-3781/2014/v17i2a2182.
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The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse land control system. The law has been integral to this process. Since 1994, within a constitutional paradigm, interventions have been aimed at untangling the complex web of land-related measures so as to affect an equitable, co-ordinated and less complex land system. In this process law - including policy documents, plans, programmes and legislative measures - is again integral. The aim of this contribution is to ascertain whether, under the present government, the mechanics of intervention within the land reform arena have resulted overall in a sensible, workable framework within which challenges and weaknesses linked to land reform can be addressed effectively. In this regard both the structural and material dimensions of recent interventions are set out. Within this context the most recent intervention dealing with land reform in particular, the Green Paper on Land Reform of 2011, is placed in perspective and investigated further in light of the recent National Development Plan. Specific themes that have resonated in the recent mechanics of intervention, as well as the persons and communities who stand to be affected by them and the possible extent of their collective impact, are thereafter discussed. Due to the general vagueness of the Green Paper and its lack of depth and detail, the extent of the impact of the recent measures cannot be ascertained fully. The alignment of the new bodies and institutions proposed by and their contribution to actually addressing the challenges identified in the Green Paper are furthermore problematic and disappointing. Excluding vast portions of rural land comprising communal areas from all of the recent tenure-related measures is especially disconcerting. Clearly, huge gaps prevail in the resultant framework. Overall, the analysis of the recent structural and material dimensions of the recent mechanics underlines that further engineering is urgently required.
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Surya Buana, Anak Agung Putu, Ida Bagus Gde Wirawibawa, and Ni Ketut Agusintadewi. "Changes Land Use in Land Consolidation Area in Seminyak, Kuta." Journal of A Sustainable Global South 5, no. 1 (February 28, 2021): 7. http://dx.doi.org/10.24843/jsgs.2021.v05.i01.p02.
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Land Consolidation (LC), is the government's solution in land acquisition for development. In addition, LC aims to improve the quality of the environment by rearranging plots of land to be more organized and equipped with environmental infrastructure, as well as land tenure in accordance with land use plans. The location of the land consolidation area in Seminyak Village which is close to the center of government, economy and tourism has implications for land use in the area. The phenomenon of land use that occurs in this region tends to ignore the spatial planning that has been determined by the government. If this condition is left unchecked, there will be more violations of land use that are not in accordance with the spatial allocation, leading to spatial conflicts and clutter in regional spatial planning. This study aims to identify changes in land use in the area of land consolidation in the Seminyak Village and the dominant factors underlying the changes in land use. Qualitative methods are used to identify changes in land use, and these dominant factors. Primary data obtained from observations, direct documentation, and the results of interviews with informants determined by purposive sampling. The results showed that there was a mismatch of land use with the plan for spatial planning in the area designated for settlement and green open space. The dominant factors underlying the changes in land use are law enforcement, then environmental factors, economic factors, and socio-cultural factors. The results of this study can be input for the government in formulating policies relating to planning and controlling the use of space in order to create safe, comfortable and sustainable use of space.
Index Terms— land consolidation, land use, land use change
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Gao, Yang, Bei Liu, Lili Yu, Haoran Yang, and Shijiu Yin. "Social capital, land tenure and the adoption of green control techniques by family farms: Evidence from Shandong and Henan Provinces of China." Land Use Policy 89 (December 2019): 104250. http://dx.doi.org/10.1016/j.landusepol.2019.104250.
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Lianos, Theodore P., and Despina Parliarou. "Land Tenure in Greek Agriculture." Land Economics 63, no. 3 (August 1987): 237. http://dx.doi.org/10.2307/3146833.
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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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Uchitel, Alexander. "Land-Tenure in Mycenaean Greece and the Hittite Empire: Linear B Land-surveys from Pylos and Middle Hittite Land-Donations." Journal of the Economic and Social History of the Orient 48, no. 4 (2005): 473–86. http://dx.doi.org/10.1163/156852005774918787.
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AbstractThe article is a comparative study of Mycenaean Greek and Hittite land-tenure systems. It is based upon a systematic comparison of two groups of documents: land-registers (the so-called E-series) from Pylos and Middle Hittite land-donations. The traditional interpretation of both Mycenaean Greek and Hittite documents is challenged and alternative interpretations are offered. Thus, on the Mycenaean side, the construction with the preposition pa-ro is reinterpreted, and on the Hittite side an entirely new interpretation of a Hittite expression pir-sahhanas is offered. Both land-tenure systems are interpreted as two manifestations of compulsory labour service of small landholders attached to large agricultural estates. Cet article est une étude comparative des systèmes de tenue de la terre dans la Grèce mycénienne et l'empire hittite. Elle est fondée sur une comparaison systématique de deux groupes de documents : les registres de la terre (appelés la série E) de Pylos et les donations de terre moyenne hittite. L'interprétation traditionnelle des documents mycénien et hittite est ici remise en question et une nouvelle explication est offerte. Ainsi, du côté mycénien, la construction avec la préposition pa-ro est réinterprétée, et du côté hittite une interprétation entièrement nouvelle de l'expression pir-sahhanas est proposée. Les deux systèmes de tenue de la terre sont interprétés comme deux manifestations d'un service de travail obligatoire dus par des petits propriétaires attachés à des grandes propriétés agricoles.
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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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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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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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Zurbach, Julien. "The Formation of Greek City-States: Status, Class, and Land Tenure Systems." Annales (English ed.) 68, no. 04 (December 2013): 615–57. http://dx.doi.org/10.1017/s2398568200000121.
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Recent scholarship has often remarked on the opposition between two conceptions of Archaic Greek societies, relating either to a legal and static definition of status or to a notion of status as personal and fluid, linked to diversified strategies for obtaining social distinction. This article seeks to move beyond this opposition by examining the history of status groups in the Archaic period. After analyzing the key stages within the complex historiography devoted to this subject, it goes on to provide a history of status groups during the formative period of the city-states. The creation of new status groups was an essential feature of the city-states’ history and was primarily linked to indebtedness and war. Although statuses were collective and often imposed from the outside, they nevertheless display a historical development that is central to the formation of city-states. In the seventh century BCE, new groups were created in response to the aristocracy’s need for a workforce. The resulting conflict led to an evolution of the systems regulating access to land and food. This reorganization of entitlement, which was how communities responded to the social and economic crisis they faced, was in turn based on the creation of new status groups. Social conflict led to the definition of a new system of status groups.
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Kariuki, Francis, and Raphael Ng’etich. "Land Grabbing, Tenure Security and Livelihoods in Kenya." African Journal of Legal Studies 9, no. 2 (July 28, 2016): 79–99. http://dx.doi.org/10.1163/17087384-12340004.
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In Kenya, land grabbing can be examined by looking at three critical eons through which land governance has evolved. There is the first epoch that was characterised by colonial acquisition of land to establish colonial rule and provide land for incoming settlers among other reasons. Secondly, there is the post-colonial epoch that was characterised by land grabs orchestrated by the new political elites who were keen on retaining power upon independence. Thirdly, and most recently, the phenomenon of land grabbing has assumed a new face: a global face with graver consequences on communities and their livelihoods than ever before. The new form of land grabbing involves foreign multinationals and governments acquiring land in developing countries for a multitude of reasons, inter alia, mining, huge infrastructural projects, oil exploration and large-scale irrigation. This new phenomenon of land grabbing and its impact on tenure security and livelihoods amongst communities is examined here.
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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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Griffiths, Anne. "Delivering Justice: The Changing Gendered Dynamics of Land Tenure in Botswana." Journal of Legal Pluralism and Unofficial Law 43, no. 63 (January 2011): 231–62. http://dx.doi.org/10.1080/07329113.2011.10756663.
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Risandi, Rachmah. "Settlement Disputes on Land Right Between Factory and Farmers Through Agrarian Reforma." Sultan Agung Notary Law Review 2, no. 1 (September 28, 2020): 1. http://dx.doi.org/10.30659/sanlar.2.1.1-12.
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The specific object in this research is Land Rights Dispute Settlement between PT. Karyadeka Alam Lestari with Farmers in Trisobo Village, Boja District, Kendal Regency through Agrarian Reforma with the formulation of the problem: (1) Why is there a dispute over tenure over land rights between PT. Karyadeka Alam Lestari with Farmers in Trisobo Village, Boja District, Kendal Regency? (2) What is the settlement of land rights tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency by the Regional Office of the National Land Agency of Central Java Province, is in accordance with the National Land Law? (3) What are the obstacles faced by the Regional Office of the National Land Agency of Central Java Province in resolving land tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency? (4) What is the follow-up to the settlement of land rights tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency through Agrarian Reforma? This study uses an empirical juridical approach with explanatory analysis research specifications. Primary data of this study were obtained from interviews with Central Java Provincial Office, Kendal District Land Office, PT. Karyadeka Alam Lestari and the head of Trisobo village using the snowball sampling method. The data collection techniques used were library studies and field studies. The data analysis technique used descriptive qualitative. The results of the research are: (1) The occurrence of land rights tenure disputes between PT. Karyadeka Alam Lestari with Farmers in Trisobo Village, Boja District, Kendal Regency because of the social disparity between Trisobo Village farmers and PT. Karyadeka Alam Lestari. (2) Settlement of land rights tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency, by the Regional Office of the National Land Agency of Central Java Province, is in accordance with the National Land Law. (3) The obstacle faced by the mediator is in providing a correct legal understanding of land control to the disputing parties. (4) The follow-up action taken by the Regional Office of the National Land Agency of Central Java Province is to determine a portion of the land object of the dispute covering an area of 11. 5 Ha is state land released by PT. Karyadeka Alam Lestari to Trisobo village and used as land Reforma land objects which will be redistributed to 570 farmer families in Trisobo Village, Boja District, Kendal Regency through the Agrarian Reforma program.
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Unruh, Jon. "Land Policy Reform, Customary Rule of Law and the Peace Process in Sierra Leone." African Journal of Legal Studies 2, no. 2 (2008): 94–117. http://dx.doi.org/10.1163/221097312x13397499736507.
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AbstractArmed conflict is particularly destructive to socio-legal relations regarding land and property. Reconstruction priorities increasingly include the reform of property legislation as part of efforts to address the causes and reasons for continuation of conflicts. However, a pervasive problem is that postwar laws are extremely difficult to connect with informal on-the-ground developments regarding perceptions of spatially-based rights as populations pursue livelihoods, grievances and aspirations. Left unattended, the problem constitutes a potential flashpoint for a return to conflict. This article examines this connection for postwar Sierra Leone, in order to highlight issues and questions of potential utility. The stakes are high for successfully connecting postwar land tenure laws with informal socio-legal realities. For Sierra Leone, a primary issue is the presence of a large population without access to land, tenure insecurity discouraging investment, large-scale food insecurity and rural unemployment while significant swathes of arable and previously cultivated land stands idle.
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Jones, Chris. "Plus Ça Change, Plus Ça Reste le Même? The New Zanzibar Land Law Project." Journal of African Law 40, no. 1 (1996): 19–42. http://dx.doi.org/10.1017/s0021855300007105.
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The picture of pre-Protectorate and Protectorate land tenure that emerges from the reported judicial resolutions of land disputes in Zanzibar and the legislation introduced is that of overlapping interests in one and same parcel of land (such as planting banana trees on someone else's land), a charitable toleration of land occupation by persons who had little but their labour to subsist by (such as not having to pay rents on the Sultan's lands or waqf properties, or at least very little), mobility by way of settlement on unoccupied lands through negotiation or silent acquiescence without formalistic titles as a prerequisite, and a determination to protect land security for families or for the poor against Government taxes, private debt attachments or fragmentary inheritance rules (such as through waqf, perpetual trust). Alongside these elements were the commercial uses and dispositions of land, including outright sales and conditional sales for debts, and the assignment to trees of an economic value distinct from that of the land. Against this complex background the British Protectorate Government extended and consolidated its public land holdings, specifying how the land was to be used for what may be called the “aggregate economic welfare produced by … unequal distribution of resources”, regularizing the charging of rents, and gradually breaking down the security of waqf immovables. After the First World War, despite political stability, social instability relating to land tenure broke out and plagued the Protectorate to its end. There were major dispossessions from land resulting from the government's policy of protecting the landlord's right to charge rents and of allowing creditors to sell land for the purpose of recovering accumulated debts that could no longer be paid during economic depressions. The loss of access to land led to the loss of identification with the land.