PROPERTY RIGHTS AND LAND TENURE

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UPA Package 2, Module 2
PROPERTY RIGHTS AND LAND TENURE
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Aims of the lesson

• To understand the basic definition, system and
  the characteristics of land tenure and property
  rights, then its relationship with urban poverty
  alleviation
• To understand the criteria for assessing land
  tenure and property rights
• To understand the recent trends and demand of
  secure property rights

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Definition of Terms and the Nature
Land Tenure It can be defined as the mode by
which land is held or owned, or the set of
relationships among people concerning land or its
product. It also can be described as the manner
in which rights in land are held.
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Definition of Terms and the Nature
Property Rights It can similarly be
defined as a recognized interest in land or
property vested in an individual or group and can
apply separately to land or development on it.
Rights may cover access, use, development or
transfer and as such, exist in parallel with
ownership.
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Definition of Terms and the Nature
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Systems of Land Tenure and Property Rights in A
General Perspective

• Two Major Categories
• The Roman law or the Napoleonic Code view land as
  a commodity which can be owned.
• The British common law regard land as something
  to which one can have rights.

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Systems of Land Tenure and Property Rights in A
General Perspective

• Customary Tenure and Property Rights
• The major characteristic of customary tenure is
  that the land is regarded as belonging not to the
  individual but to the whole social group.
• It is found in most parts of Africa, the Middle
  East, Melanesia and North America

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Systems of Land Tenure and Property Rights in A
General Perspective

• Private Land Tenure and Property Rights
• The concept of private property rights is an
  integral part of the legal structure of European
  society. (UN 1973)
• The combination of private ownership and
  extensive individual rights has been the
  cornerstone of Western European and North
  American societies for the last two hundred
  years.
• In developing countries it is imported and
  generally concentrated in urban areas. It may
  co-exist with other indigenous tenure systems.
  However, its primary limitation is the difficulty
  of access by lower income groups.

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Systems of Land Tenure and Property Rights in A
General Perspective
Public Land Tenure and Public Control

• The concept of public land ownership is largely a
  reaction to the perceived limitations of private
  ownership in that it seeks to enable all sections
  of society to obtain access to land.
• higher level of equity, but lower level of
  efficiency, or high costs of land management and
  investment constrains.

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Systems of Land Tenure and Property Rights in A
General Perspective
Religious concepts of tenure and property right

• Islamic concept
• aqf land is land held for God, and owned by
  religious foundation.
• musha', or communal land, is land owned
  collectively, originally under tribal tenure.
• mulk' land, or private land, is owned by an
  individual with full ownership rights and is also
  protected in law
• miri', or state controlled land.

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Systems of Land Tenure and Property Rights in A
General Perspective
Indigenous and imported tenure concepts

• By the end of the nineteenth century, indigenous
  land tenure systems were operating in parallel
  with European concepts in most parts of Africa,
  Asia and the Pacific.
• Modern legal systems co-exist with legally
  adopted customary system.

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Non-formal tenure categories and property right

• A wide range of categories with varying degrees
  of legality or illegality Include regularized
  and un-regularized squatting, unauthorized
  subdivisions on legally owned land and various
  forms of unofficial rental arrangements.

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National Tenure Policy Options

• Freehold
• Leasehold
• Conditional freehold

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Criteria for Assessing Tenure and Property Rights

• Clarity
• Efficiency
• Equity

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Discrimination in the Access to Land

• Discrimination exists against three broad
  groupings of people ----
• women,
• indigenous peoples,
• minority groups of settlers

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Recent Trends and the Demand for Secure Property
Rights
In the 1990s, the World Bank has put emphasis on
tenure security policies based on access to land
ownership. The objectives were

• To unify land markets.
• To guarantee investments by providing real
  rights.
• To permit beneficiaries to have access to
  mortgage finance.
• To develop or improve property taxation (linked
  with decentralization policies).

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Recent Trends and the Demand for Secure Property
Rights

• The World Banks draft Urban Strategy Paper
  (2000) emphasizes the need for stronger property
  rights in real estate markets and secure and
  clear tenure in upgrading projects. Tenure
  security and property rights are listed as among
  the most important factors influencing housing
  demand and it is claimed that insecure tenure
  leads to under-investment in housing and to
  reduce housing quality

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Demand for Tenure Security
Security of tenure is a fundamental requirement
for the progressive integration of the urban poor
in the city, and one of the basic components of
the right to housing It guarantees legal
protection against forced eviction The granting
of secure tenure is one of the most important
catalysts in stabilizing communities, improving
shelter conditions, reducing social exclusion
improving access to urban services.(UNCHS 1999)