Understanding property market operations from a dual institutional perspective: The case of Lagos,Nigeria

This paper examines the Nigeria Land Use Act and considers how provisions of the Act inform and influence traditional landholding systems, the operation of the commercial real estate market, and the activities of the “omo-onile.” The research adopts a qualitative strategy and combines analysis of legal statute with in-depth, semi-structured interviews with market participants active in different capacities within the land and property markets of Lagos, Nigeria.The paper identifies a number of inconsistencies in the provisions of the Act and concludes that the recognition given to the traditional landholding system by the Act has not been effective in tackling informality and illegality in Lagos land and property markets.The paper provides insight into how informal institutions of norms, culture, and conventions of a real estate market characterize property ownership and affect transaction processes. This study shows how informal institutions may be used to circumvent formal institutions of a market when formal rights to property are poorly delineated and assigned. In these conditions market actors will incur higher transaction costs in the process of policing transactions and enforcing contractual agreements.     

Making the ‘rules of the game’: Constituting territory and authority in Nicaragua's indigenous communities

Indigenous communities, particularly in Latin America, are increasingly winning recognition of rights to lands and forests that they have managed or used historically under customary institutions. If property refers to ‘the rules of the game’, this article uses the constitution of indigenous communal territories in Nicaragua to examine the process of ‘making the rules’. Specifically, the recognition of rights by central governments leads to political contestations over both territory and authority as communities and indigenous political leaders vie for different configurations of both lands and new territorial authorities. That is, the process of constituting large collective territories is intimately related to the constitution of authority, as it involves not only the negotiation of physical boundaries but also the recognition of an existing authority structure – or the creation of a new entity – to represent the beneficiaries. In Nicaragua's North Atlantic Autonomous Region, then, the decision over ‘which configuration of territory’ is ultimately a political negotiation over which ‘authority’ will have the right to control and enforce access to which rights and benefits from land and natural resources.     

Land economic rent computation for urban planning and fiscal purposes

This article proposes an innovative methodology to compute economic rents of land designed to current or potential offices uses. It consists in the establishment of a cause-and-effect relation between offices’ price levels and correspondent levels of land rent, considering the main factors that influence property prices, the ones that guide public and private activities’ location decisions and the inter-dependencies between land and real estate property markets. The rationale subjacent to this research is that land economic rent is determined by the difference between offices market price and a set of costs correspondent to land acquisition, planning and building processes, and a profit margin. An assessment of surplus values is provided in order to compute it as the difference between total land market value (land economic rent plus economic return on land use) and correspondent tributary patrimonial-value according to legal valuation proceedings (settled on property law). In order to reach these goals, variables that exert influence on urban planning and municipal management were identified, an urban management information system was designed and implemented, and an integrated and interactive model to support decisions in urban planning – concerning real estate offices and land prices and characteristics – was developed. These tools were applied as a case study to Oporto city (Portugal). They embody updating functionalities, setting up as an on-going support to policies of municipal land use management (particularly applied to offices uses). A proposal is made to integrate similar models in territorial plans as valuation tools to support better approaches to assess the impact of planning decisions on real estate and land values, thus informing a more equitable, efficient and local-based tax basis. Implications of this analysis for urban planning and fiscal settings are proposed.     

Land grabbing: A review of extent and possible consequences in Romania

Land grabbing represents a fundamental problem in the transitional and post-transitional economies. The transfer of land property rights impose a dramatically change of agricultural production structure, including affecting the food safety and security. The main aim of this article is the analysis of the possible effects and transformation imposed by the transfer of land property in a post-transitional agricultural economy and to identify possible solution in valuing the lands as main production factors. Also in the study are taking into consideration the effects of Common Agricultural Policy financing mechanism in supporting land transfers.     

Accelerated restructuring in rural China fueled by ‘increasing vs. decreasing balance’ land-use policy for dealing with hollowed villages

Rapid industrialization and urbanization in China has produced a unique phenomenon of ‘village-hollowing’, shaped by the dual-track structure of socio-economic development. This paper analyzes the phenomenon of ‘village-hollowing’, identifying the processes and influences that have driven their evolution, and highlighting the challenge that the locking-up of unused rural housing land in ‘hollowed villages’ presents for China in the context of concerns over urban development and food security. The paper examines the ‘increasing vs. decreasing balance’ land-use policy has been adopted by the Chinese government in response to the problem, which seeks to balance increases in urban construction land with a reduction in rural construction land. The implementation of the scheme is discussed through a case study of Huantai county in Shandong province, drawing attention to its contested and contingent nature. It is argued that the policy is a top-down approach to rural restructuring that necessarily requires the acquiescence of local actors. However, it is noted that failures to adequate engage with local actors has led to resistance to the policy, including violent protests against the demolition of housing. The paper suggests that lessons might be learned from Europe by incorporating elements of ‘bottom-up’ planning into the process. As such, the paper demonstrates that rural restructuring in China is a dynamic, multi-scalar and hybrid process that shares common elements and experiences with rural restructuring in Europe and elsewhere, but which is also strongly shaped by the distinctive political, economic, social and cultural context of China.     

Land-property markets and planning: A special case

Land use policy often intervenes in land-property markets. This raises a question that may have critical implications for land use policy: are these normal markets? This paper addresses that question: are land and property ordinary market goods, or do they lack some of the preconditions necessary for markets to work properly? We find that land-property has limited substitutability, due to the critical factor of location; qualified by location, land is limited and sometimes unique. These attributes make land and property investment assets risking speculation, warranting public intervention to mitigate negative social consequences. Land-property markets need market or administrative support to work, which planning provides through public and private agents. The paper reviews the different forms of planning and development control in land-property markets.     

Impact of formalisation of property rights in informal settlements: Evidence from Dar es Salaam city

This paper aims to study the responsiveness of the informal property market and management systems towards the introduction of land registration for informal settlements in Tanzania. City governments are increasingly recognising the need to strengthen legal rights for the urban poor as a means to bring them more effectively into the urban economy and ensure better provision of water, sanitation and other primary services. The research focuses on Tanzania and in particular two case studies within Dar es Salaam. The findings of the work suggest that the introduction of residential licenses whilst potentially assisting in creating legal certainty has not resulted in the financial sector accepting them as full security against loans. Accessing credit by the poor however has not yet been fully realised resulting in some further hurdles for the financial sector to overcome. Finally, and of some significance is the registration of property in the informal settlements has provided the opportunity of formal property transactions within these settlements.     

On the origins of tourist urbanisation in Greece: Land speculation and property market (in)efficiency

This paper places issues of land speculation and property market efficiency within the limited geographical context of a tourist-agglomeration development process in the island of Rhodes, Greece. The study is based mainly on the elaboration of diachronic cadastral data, covering the period from the very beginning of the tourism development in what as of a formerly an agricultural area, until its establishment as an international mass tourist destination. The economic and financial dimensions of land speculation on market efficiency are explored, through a socio-economic perspective. Land property ownership structures, state policies and bank financing practices have produced synergies that encouraged land speculation, with ambivalent effects on space, property markets and tourist activities. Finally, it is argued that land speculation may be regarded as a socially embedded rational action, which leads to an overall inefficient land market.     

小产权房治理与《土地管理法》修改

研究目的:对《土地管理法》的修改和小产权房的治理提出建议。研究方法:现象溯因法,综合分析法。研究结果:只有解决制度障碍,通过合理的制度设计允许集体建设用地用于商品房开发和允许宅基地使用权有条件对外流转,才能从根本上治理小产权房。研究结论:正在修订的《土地管理法》不应禁止集体建设用地用于房地产开发,应允许宅基地使用权在一定条件下对外流转。     

The impact of different land-supplying channels on the supply of housing

As Hong Kong's property prices have been skyrocketing particularly in the last several years, housing has become even less affordable than it was prior to the Asian Financial Crisis, compromising Hong Kong residents’ living standards. The general public mostly blames the supply-side actors (i.e. property developers and/or the government) for such a predicament, and vociferously demands for higher supply of residential flats both in the private and public sectors. The government, in response, proposes the supply of more residential land, among other measures, in addressing the public's demands, with the notion of “higher land supply results in higher housing supply”. Nonetheless, there are other channels, other than land sale, which provide land for housing construction, such as land exchange, which are usually overlooked in public debates. In the light of this, this paper aims to investigate the respective impact of land sale and land exchange on Hong Kong's housing supply. The findings, interestingly, show that land exchange has a much larger long-run impact on housing supply than land sale does; that housing supply responds to short-run fluctuations in property price; and that best lending rate has neither a short- nor long-run relationship with the supply of housing. The reason behind the finding regarding land sale and land exchange is that, the former is initiated by the government which overlooks property developers’ profit incentives and development strategies, while the latter essentially reflects that a particular land site is ripe for development (i.e. profitable) from the developers’ standpoint. Some implications relating to the recently announced government land policy measures are also discussed.     

2014年土地科学研究重点进展评述及2015年展望

研究目的:总结2014年国内外土地科学研究的重点进展,展望2015年中国土地科学的发展趋势以及《中国土地科学》重点关注方向。研究方法:文献调研法。研究结果:(1)2014年国内外土地科学研究共同关注征地制度和土地产权问题、土地利用动态监测与驱动机制、多规合一及规划方法创新、土地利用管理措施、土地市场价格机制及政府行为、农用地生态保护、农用地整治和矿区土地复垦方面;(2)2014年国内外土地科学研究的主要差异集中在:国内研究还关注土地制度改革、土地利用评价、城乡统一的建设用地市场建设、耕地质量提升及保护途径、城镇工矿建设用地整治等问题;国外研究则侧重土地制度的历史变迁及影响、土地利用冲突问题、土地供应策略、土地市场与产权制度的关系、农地抛荒及保护对象划定、土地开发与保护机制、土地整治景观格局研究。研究结论:在全面推介土地科学研究成果的基础上,2014年《中国土地科学》将重点关注4个方面:(1)加强国土资源法制建设,推动深化依宪立法、修法,依宪执政研究;(2)开展城乡一体化土地市场建设与制度建设研究;(3)加快土地工程技术和新技术应用的创新研究;(4)深化土地学科建设研究,支撑"新常态"下的国土资源管理工作。     

The evolution and resilience of community-based land tenure in rural Mexico

This paper examines the evolution of ejido tenure in Mexico since the 1992 constitutional and legal reforms in that country. Prior to the Mexican Revolution, communal tenure had all but disappeared, but since 1920 community-based tenure re-emerged to become the dominant tenure form in Mexico. The paper investigates ejido land tenure through an examination of ejido governance structures and the tenure rules relating to the acquisition, transfer and extinction of land and resource rights. It draws on community-level research and numerous published case studies, relevant laws, and on data describing the status of ejidos countrywide. This reveals a diverse set of practices, which in many instances depart from the rules as defined in the Agrarian Law and even in internal community regulations. Land tenure plays a critical mediating role in the inter-relationship between humans and the environment. Using the framework of resilience I examine the persistence of ejido tenure and its dynamics in the aftermath of major land policy and legal reforms. Three major ‘shocks’ are identified which are seriously challenging the resilience of ejidos. These are the 1992 legal reforms, NAFTA and the resulting out-migration from rural Mexico, and urbanization. I conclude that ejidos have generally been resilient enough to accommodate the 1992 reforms, but problems with cross-generational transfers that stem in part from labor migration, and urbanization have set ejidos on a course that could ultimately overcome all but the most resilient communities.     

Implementing Pillar II of the Common Agricultural Policy in England: Geographies of the Rural Enterprise Scheme and Processing and Marketing Grant

This paper examines the geography of two policy instruments – the Rural Enterprise Scheme (RES) and the Processing and Marketing Grant (PMG) – that formed part of the second ‘pillar’ of the Common Agricultural Policy (CAP) in England between 2000 and 2006. It starts by outlining the ongoing debate over the role of geography in policy research, an outcome of which has been a call for more empirical work that explores the ‘difference that place makes’ in the implementation of public funding mechanisms. The paper argues that the CAP is ripe for geographical analysis, as the Agenda 2000 reforms can be interpreted as moving it away from a ‘sectoral’ (agricultural) approach to a more ‘territorial’ (rural development) one. After outlining the place of the RES and PMG in the reformed CAP in England, the paper discusses three factors – farm size, proportion of land rented and location – that may have influenced their geographies. The distribution of grant approvals under these schemes is then mapped using location quotients. Following this, the potential influence of the factors outlined above is tested using the Kolmogorov–Smirnov statistic. The conclusion revisits the opening discussion by reflecting on the difference that place has made to the implementation of the PMG and RES.     

Property rights and housing prices: An empirical study of small property rights housing in Shenzhen,China

Small Property Rights Housing (SPRH) is an important part of informal housing in China. SPRH is defined as housing developed with collective land ownership that is then sold to outside homebuyers such as non-indigenous villagers. This housing practice is legally forbidden and comes without formal titles. SPRH is popular in big Chinese cities where formal housing prices are constantly rising and increasingly unaffordable for many urban residents. However, research on SPRH is rare. Therefore, this study aims to investigate the effects (or the lack thereof) of de-jure property rights on housing prices by using the empirical case of Shenzhen where SPRH and FPRH estates constitute the main sources of urban housing for its residents. We collected both SPRH and formal Full Property Right Housing (FPRH) data in the Shenzhen housing market and adopted the Boundary Fixed Effect method and matching strategy to mitigate the bias caused by unobservable location and neighborhood factors. This empirical study shows that the lack of de-jure property rights has negative and significant effects on housing prices. The average housing price for SPRH apartments is, ceteris paribus, 52.82% lower than for formal FPRH apartments. Also, the premium of property rights varies across two administrative regions with different locations and economic environments, and the premium decreases as the age of the building increases.     

农地产权“有意的制度模糊说”质疑

研究目的:与"有意的制度模糊"学说商榷,籍以深化对中国农地产权制度的认识。研究方法:文献研究、法律文本分析。研究结果:(1)该学说认为中国农地产权制度没有任何歧义,这与集体化以来农地所有权属高度分化成为地方性知识并具有多种含义和所指的事实不相符;(2)该学说认为中央有意不在立法上明确界定农地的所有权归属,这与相关法律一直采用概括加列举式的立法技术试图明晰它的立法史实相违背;(3)该学说认为"有意的制度模糊"是中国农村改革成功的关键,且能有效化解土地纠纷,这些也与中国农村改革史和土地纠纷的发生机理相冲突。研究结论:"有意的制度模糊"学说不能成立,不可轻率使用"模糊"之类的词语来概括中国农地产权制度的缺陷。     

The design of land policy in Israel: Between law and political culture

This article deals with the Israeli land policy in light of a certain judicial decision made by the Israeli High Court of justice (HCJ). A decision known as the “Land decision” (2002). Following the concept of shared mental models I will claim that the ruling of the HCJ at the given point in time expresses societal preferences formed through a process of learning through which society develops a shared mental model of ‘alternative behavior’ that reflects the way in which individuals and groups adapt to solve the social problems they face in various contexts. This shared mental model provides a frame of reference for the actions of political players such as politicians, special interest groups as well as the Supreme Court in shaping the design and implementation of Israel’ land policy. However regarding the Israeli land decision the ability of the Supreme Court to determine policy is limited on the implementation level.     

Municipal commonage policy and livestock owners: Findings from the Eastern Cape,South Africa

The new African National Congress government announced after 1994 that municipal commonage would be a pillar of their land reform programme. The Department of Land Affairs spearheaded this by acquiring new land to complement the existing ‘old’ commonages. The aim of old commonage was to supplement the income of poor urban residents through the subsistence user system whereas new commonage was intended as a ‘stepping stone’ for emergent farmers. We investigated the differences between old and new commonage farmers as well as how they perceived the Makana local municipality's capacity to manage the commonage. The results showed that local institutions were weak. Only 46% of the old commonage farmers were members of a local livestock association whereas 74% of the new commonage farmers were members. Most old commonage farmers (59%) were dissatisfied with local government's management of the commonage. In contrast, only 37% of the new commonage farmers were dissatisfied with the management of the commonage. There were no differences between old and new commonage farmers in terms of livestock owners’ characteristics and mean annual net direct-use value of livestock. There were also no differences in the age of the two types of commonage farmers. Furthermore, there was no association between the type of commonage and level of education. The mean annual net direct-use value of livestock on old commonage was R6308 compared with R9707 on new commonage. Although the income from livestock for new commonage farmers varied slightly from that of old commonage farmers, the annual productive output per farmer on old commonage was R473 ha⁻¹, three times higher than that of new commonage farmers which was R134 ha⁻¹. We suggest that new land policy legislation is needed in which poverty as well as the legal arrangements between all stakeholders is clearly defined. Furthermore, national departments need to be more involved with local municipalities to increase local management capacity.     

Delineation of property rights as institutional foundations for urban land markets in transition

This paper aims to critically reflect on establishing the new frameworks for land markets and urban land development processes in countries in transition. Based on the doctrine of the so-called ‘property rights’ school, land and property ownership has long been identified as a prerequisite for economic development. The common advice to countries in transition creating new frameworks for land markets was to assign and register property rights. The aim of this paper is to discuss the significance of the delineation of property rights, which for urban land development processes and outcomes falls mainly within the remit of land use regulations. In this paper the concept of property rights regime and its characteristics is developed in order to discuss the delineation of property rights and their relationship with urban land development process and its outcome. Process of land development is conceptualized depending on land ownership (private or public), and the role of the owner in the planning process. The outcome is discussed based on the morphological results and the provision of urban infrastructure. On the basis of empirical experience from transition period in Poland it is argued that the emphasis on private property rights in the absence of the institutional foundations of urban land market under capitalism was bound to produce urban problems. First, the new institutional foundation for urban land market was introduced subsequent to dynamic of emerging real estate market, and viable markets existed despite unsolved question of restitution of property rights. Second, the subsequent delineation of property rights is clearly linked to processes of urban land development, which follow the line of development without planning. It can also be related to the morphological results of urban development like the haphazard location of investments and lack of adequate approach to deal with the provision of urban infrastructure.     

Land suitability evaluation for development using a matter-element model: A case study in Zengcheng, Guangzhou, China

Land suitability evaluation can assist in the efficient use of land resources at a regional level. This is an important issue because of the pressures that an increasing population and economic growth have put on limited land resources. Matter-element theory, which was first put forward by the Chinese mathematician Cai Wen, has shown potential for solving incompatibility problems. Based on the matter-element model, this paper uses land use, roads, water bodies, population density, distance from center of the city, geodetic height, and slope as factors in modeling land suitability for development. Zengcheng, an urban-rural administration was used as a case study for applying the matter-element model to assessing the suitability of land for development. The model was cross referenced with local urban plans for verification and the results of this study show that the model constructed was effective at assessing the suitability of land for development. According to both the classification map created using the matter-element model and the statistics on the of land suitability classes, the study area was found to have a considerable amount of land which is highly suitable for development. After the category ‘highly suitable’, the next largest total land area was in the category of ‘not suitable’ for development, while there was relatively little land classified as moderately and marginally suitable. The percentage of the total land area of each class of suitability was 41.80%, 34.22%, 16.35% and 7.64%, respectively. Apart from this, the study also demonstrated the advantage of matter-element models over fuzzy theory, as they provide much more information. For example, all integrated degree of all classes in the paper had ranges from −1 to 1, but differed from each other by percentage. In the category of ‘highly suitable’ only 45.51% of matter-elements fully conformed to the criteria (those within a range of 0-0.5925), while the remainder (54.49%) did not corresponded to the requirements of the category, but did have the potential to do so with relatively few changes (those within a range of −0.3923-0 degrees). This data provides us with an understanding of the potential and limitation to development of the land in the region.