Journal articles: 'Land tenure (Igbo law)'

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Obioha, Emeka E. "Change in Tenure Pattern and Customary Land Practices among Igbo Community in Southeastern Nigeria." Anthropologist 10, no. 1 (January 2008): 45–53. http://dx.doi.org/10.1080/09720073.2008.11891028.

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Robinson, Brian E., Margaret B. Holland, and Lisa Naughton-Treves. "Does secure land tenure save forests? A meta-analysis of the relationship between land tenure and tropical deforestation." Global Environmental Change 29 (November 2014): 281–93. http://dx.doi.org/10.1016/j.gloenvcha.2013.05.012.

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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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Niazi, Tarique. "Land Tenure, Land Use, and Land Degradation: A Case for Sustainable Development in Pakistan." Journal of Environment & Development 12, no. 3 (September 2003): 275–94. http://dx.doi.org/10.1177/1070496503255485.

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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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Chigbu, Uchendu Eugene, Anna Schopf, Walter T. de Vries, Fahria Masum, Samuel Mabikke, Danilo Antonio, and Jorge Espinoza. "Combining land-use planning and tenure security: a tenure responsive land-use planning approach for developing countries." Journal of Environmental Planning and Management 60, no. 9 (November 29, 2016): 1622–39. http://dx.doi.org/10.1080/09640568.2016.1245655.

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Barry, Michael, and Ephraim Kwame Danso. "Tenure security, land registration and customary tenure in a peri-urban Accra community." Land Use Policy 39 (July 2014): 358–65. http://dx.doi.org/10.1016/j.landusepol.2014.01.017.

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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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Kapp, Marshall B. "Teaching Health Law." Journal of Law, Medicine & Ethics 38, no. 4 (2010): 863–70. http://dx.doi.org/10.1111/j.1748-720x.2010.00539.x.

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Thirty years ago when I, an attorney, took a tenure-track faculty position at an innovative, newly opened medical school, I was an oddity — truly, a stranger in a strange land. Today it is not uncommon for American medical schools to employ an attorney as a tenured or tenure-track member of its faculty. Over these last three decades, the educational roles and responsibilities of health law faculty who teach in law schools have become increasingly well defined, with numerous health law courses and textbooks now generally accepted as part of the typical law school curriculum. However, the roles and responsibilities of attorney faculty members who teach in medical schools remain less clearly defined and likely are more individualized to the particular medical schools in which they teach. This essay explores some of the challenges and the opportunities which are given to attorney faculty members who teach in medical schools.

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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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Postles, David. "Gifts in Frankalmoign, Warranty of Land, and Feudal Society." Cambridge Law Journal 50, no. 2 (July 1991): 330–46. http://dx.doi.org/10.1017/s0008197300080521.

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In recent discussion, gifts to the religious have been perceived as exercising a formative influence in the forging of some norms and customs of feudal tenure during the twelfth century. On the one hand, it has been suggested that gifts to the church assisted the clarification in the mind of lay feudal society of the concept of heritability—that is, the future enjoyment of inheritance—since donors could not alienate in perpetuity that which was not already heritable. This suggestion is extremely important in view of the different perceptions of political and legal historians concerning the development of heritability of tenures and tenant right during the twelfth century, which are seen variously to have existed as social or legal norms from varying times and from different causes. A related argument runs that, whilst the warranty clause in charters (but not warranty per se) was initially conceived within the framework of the personal relationship between lord and man, its more widespread diffusion in charters was stimulated largely through the auspices of these religious beneficiaries of gifts in frankalmoign. The introduction of warranty into charters at the instance of religious beneficiaries is thus related to their concern to secure their own perpetual rights in the land at a time of a nascent realisation of hereditary tenant right, and the religious were thus foremost in the insertion of warranty clauses in charters which they, as beneficiaries, wrote or influenced, to secure their own unbridled tenure in perpetuity.

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Weir, Michael. "Land access perspectives in unconventional gas—where is the balance?" APPEA Journal 52, no. 1 (2012): 367. http://dx.doi.org/10.1071/aj11029.

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A landholder or occupier is generally entitled to control access to their property. An unauthorised entry onto a person’s property will provide the landholder with the entitlement to commence an action in trespass subject to statutory protection being available to the trespasser. Land access is a significant factor in the public debate surrounding the recovery of unconventional gas that requires access for tenure holders for various purposes. This paper first discusses the common law background to the entitlement of landholders to control access to land. The paper will then analyse the statutory regulatory structure applying in Queensland, NSW, WA and SA that entitles access to land for tenure holders in relation to unconventional gas. This paper will discuss the nature of property and perceptions of property that impact on the context in which negotiations occur between landholders and tenure holders. The paper will discuss some of the reasons the issue of access goes beyond mere legal rights from the perspective of the landholder, and how this may impact the approach taken by tenure holders and landholders in the negotiations for access to land. For the benefit of both the tenure holder and the landholder, the paper will suggest factors that may assist in promoting good negotiated outcomes.

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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.

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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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Farran, Sue. "South Pacific Land Law: Some Regional Challenges, Cases and Developments." Victoria University of Wellington Law Review 32, no. 4 (December 3, 2001): 953. http://dx.doi.org/10.26686/vuwlr.v32i4.5864.

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Land in the South Pacific is largely regulated by introduced English Common Law. However, the vast bulk of the land in the region is held under different forms of customary land tenure, and the perceptions of land and its use are distinctly regional. In this article, the author considers how the Common Law has been adapted in the region to accommodate and reflect customary law and practice. Selected cases from the region are used to highlight the difficulties that the courts face in blending Common Law principles with customary practice and accommodating changing uses of land that challenge traditional solutions.

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Forder, Caroline. "Socialist mountains out of capitalist molehills: ownership and use of land in the German Democratic Republic." Legal Studies 6, no. 2 (July 1986): 154–69. http://dx.doi.org/10.1111/j.1748-121x.1986.tb00541.x.

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To understand the rights in land of a person in the GDR the first task of an English lawyer is to consider the rules being applied in terms of concepts and institutions in operation in England. The GDR have opted for a ‘mixed’ property system, retaining ‘pure’ personal ownership (similar to the rights given to landowners under English law) alongside the socialist creatures: contractual rights (use-contracts) and the hybrid use-rights in public land. Property law has long provided for the creation of rights which provide at the outset for the conditions under which the right will end; this is one of the principal attributes of leasehold tenure in England. It is indeed striking how many of the characteristics of use rights can be discovered among the provisions and decisions upon the security of tenure of tenancies in England.

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Mengesha, Ayelech Kidie, Reinfried Mansberger, Doris Damyanovic, and Gernot Stoeglehner. "Impact of Land Certification on Sustainable Land Use Practices: Case of Gozamin District, Ethiopia." Sustainability 11, no. 20 (October 9, 2019): 5551. http://dx.doi.org/10.3390/su11205551.

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Agroforestry is attracting considerable attention in Ethiopia because of its potential for sustainable land use practices. As land tenure insecurity is a major limiting factor for sustainable land use practices in Ethiopia and developing countries in general, the Ethiopian government launched a rural land certification program to secure land tenure. There are limited empirical studies about the impacts of land certification on sustainable land use practices. To fill this knowledge gap, this study was outlined for an area in the Ethiopian Gozamen district. It investigates the impact of land certification on sustainable land use practices and is focused on factors affecting tree plantation based on a household survey, key informant interviews, focus group discussions, and field observations. The results of the study showed that the majority of the respondents practiced sustainable land use practices after their land was certified. Therefore, land certification has a great contribution on sustainable land use practices. In addition, age, consultancy, land size, education, and nurseries proved as significant factors for tree plantation. As access to land is a basic socio-economic precondition for sustainable agriculture and forestry in developing countries, tenure security is a key pathway for the development of the poor and it contributes essentially to achieve sustainable development goals.

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Tchatchoua-Djomo, Rosine. "Improving local land governance? Exploring the linkages between land governance reforms, institutional pluralism and tenure security in Burundi." Journal of Legal Pluralism and Unofficial Law 50, no. 1 (January 2, 2018): 31–55. http://dx.doi.org/10.1080/07329113.2017.1419403.

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Flego, V., and M. Roić. "Land tenure registration on the marine areas in Croatia." Ocean & Coastal Management 166 (December 2018): 72–81. http://dx.doi.org/10.1016/j.ocecoaman.2018.03.008.

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Sahari, Alpi. "The Rights of Controlling State in Indonesia Against Land Tenure of Customary Law Community." Randwick International of Social Science Journal 2, no. 2 (April 30, 2021): 141–48. http://dx.doi.org/10.47175/rissj.v2i2.224.

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In order to achieve public welfare as tasks and responsibilities delegated to the government in the administration of public welfare (bestuurzorg) including the land sector which includes, among others, regulation, implementation of authority to enforcement of land law. Implementation of bestuurzorg by the government is more oriented towards economic democracy so that ignoring the principle of justice for indigenous peoples in controlling land parcels. The method used in this paper is juridical normative by applying an approach to legal principles and a legal synchronization approach both vertically and horizontally to the State's right to control over land tenure by customary law communities. The results show that land tenure for customary law communities in the UUPA emphasizes as long as it still exists and does not conflict with national interests. This implies that there has been legal pluralism. The occurrence of weak legal pluralism in national land law is indicated by the enactment of UUPA and its various implementing regulations as positive law in the form of written state/national law, on the one hand and on the other hand customary law which is generally unwritten and applies specifically to each other. The applicable customary law in each region. Weak legal pluralism is one of the factors causing legal disputes in substantive settings, especially in land disputes over customary rights which affect their implementation in the field and cause injustice. legal pluralism and making UUPA the center of various land regulations (legal centralism), and is the only land rule that applies nationally (legal unification).

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Ege, Svein. "Land tenure insecurity in post-certification Amhara, Ethiopia." Land Use Policy 64 (May 2017): 56–63. http://dx.doi.org/10.1016/j.landusepol.2017.02.015.

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Barry, Michael. "Hybrid land tenure administration in Dunoon, South Africa." Land Use Policy 90 (January 2020): 104301. http://dx.doi.org/10.1016/j.landusepol.2019.104301.

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Doss, Cheryl, and Ruth Meinzen-Dick. "Land tenure security for women: A conceptual framework." Land Use Policy 99 (December 2020): 105080. http://dx.doi.org/10.1016/j.landusepol.2020.105080.

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Journal articles on the topic 'Land tenure (Igbo law)'

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