3D cadastres for densely occupied informal situations: Necessity and possibility

Much of 3D cadastre research and development targets high valued urban land, including condominiums, apartment buildings, and office complexes. The value of the land and the economic activity generated from transactions in this urban space potentially support the cost and time spent on establishing and maintaining a 3D cadastre. Methods for data acquisition and for construction and maintenance of the 3D cadastre are also simpler in the regular and formally planned and surveyed structures of the high value urban environment. Low-income, urban areas of informal tenure and informal development, however, also need and can benefit from a land administration system supported by a 3D cadastre but are neglected in the 3D cadastre research. Mechanisms are required for quick and cost effective construction of a 3D cadastre in this type of area to support land management and regularisation procedures, and to provide security of tenure. Light Detection and Ranging (LiDAR) is one technology that may be examined to differentiate structures in densely occupied environments where limited information and limited resources must be able to be used for managing the land and also protecting informal rights.This paper initially posits the need for 3D cadastres in low-income but densely structured urban settlements. It then tests the ability of an existing LiDAR dataset together with orthoimagery, derived to be low cost so therefore having limited specifications, for capturing sufficient definition of 3D occupation in the low-income, densely structured case study area of Laventille in Trinidad and Tobago.The difficulties of manually or automatically discriminating between close and overlapping structures and boundaries are highlighted and it is found that there is still a need for adjudication and verification of boundaries on the ground, even when physical features can be discerned from the software.     

Land consolidation,customary lands,and Ghana's Northern Savannah Ecological Zone: An evaluation of the possibilities and pitfalls

Land fragmentation has been identified to greatly undermine crop production in many countries. In the case of Ghana’s customary tenure system, household farmlands are relatively small and are highly fragmented. Recent agricultural drives, however, have focused on farm level interventions that are ad hoc with short-term benefits. A sustainable long-term application of land consolidation which reorganises farmlands may improve yields, reduce the cost of production and improve the incomes of farmers. The successful implementation of land consolidation depends greatly on the suitability of local conditions with respect to land tenure and land use. However, in Ghana’s customary lands, the alignment between the requirements for land consolidation and existing conditions remains unexplored. This study investigated the feasibility of land consolidation within the customary tenure by juxtaposing the local conditions of the study areas with the baseline conditions for land consolidation outlined in literature. Using both qualitative and spatial data, the study revealed some traits of convergence and divergence with respect to the baseline conditions in the study areas. For example, conditions such as the existence of land fragmentation, suitable topography and soil distribution were fully met. Conditions such as the existence of a land bank, technical expertise, and infrastructure and supportive legal frameworks were partially met. The remaining conditions such as the willingness to participate, availability of a land information system and favorable land ownership structure were non-existent. The circumstances surrounding these unmet conditions are deeply embedded in customs and traditions that hardly yield to change. Since these conditions are fundamental for land consolidation, their absence negates the feasibility of land consolidation under the current tenure system of the study areas.     

Monitoring land governance: Understanding roots and shoots

Despite a growing interest among land use policymakers to identify the indicators that measure changes in land tenure systems, little consensus exists about what framework can functionally analyze land tenure systems, and how it should be developed. The existing indicators have mainly focused on measuring the “effects” of land tenure (in)security and often neglected the “causes”. Hence, comprehensive monitoring of land tenure systems has been poorly understood and practiced. Given their multifaceted meanings, land and its related concepts have been a challenging issue for policymakers. Accordingly, the overall objective of this paper was to propose a functional and analytical framework on how to study monitoring land governance from roots to shoots through five main studies: i) understanding the historical trajectories of land, ii) recognizing institutional arrangements on land, iii) identifying land governance grammar, iv) defining land governance typology, and v) assessing land use changes. In line with this objective, the general research question of this study is how and by whom a monitoring system should be developed. Overall, this study can be considered as a conceptual framework that has been designed to conceptualize, develop, build, and apply a functional and analytical framework for formulating land governance grammar to explain how access to land is governed. Unlike previous studies, this study focuses on both causes and effects of strong land governance (SLG) and weak land governance (WLG). The paper discusses that land governance allows various stakeholders to participate in government decisions and ensures the security of their livelihoods. However, land governance could be either poor or strong depending on the government decision-making process. The paper also concluded that SLG is a precondition for economic growth and poverty alleviation in rural areas of developing countries.     

Land tenure and management reforms in East and Southern Africa – the case of Botswana

Since attainment of independence, almost every country in East and Southern Africa has introduced some kind of land reform aimed at reconciling indigenous land tenure practices and those introduced by colonial regimes. The reforms have centred on modification of tenurial rules on access, ownership, administration and transfer of land rights coupled with land redistribution and/or restitution in some countries. With the exception of a few countries, such as Botswana, land reforms have largely remained on statute books with little to show on the ground. The paper gives an overview of land reforms in East and Southern Africa, taking Botswana as a case study. It notes that although Botswana has largely been successful in implementing land reforms, it is currently experiencing land tenure problems, especially in peri-urban settlements and inner city low-income areas, despite government's enhanced control over local land administrative structures. The paper ends with suggestions on how to contain the current problems.     

Systems approach to pro-poor land reforms: A concept paper

There has been renewed interest in the academic discourse on land reforms due to recent high profile works suggesting a positive correlation between reforms and poverty reduction. Land is held under different tenure regimes in different regions, countries and communities. These are often in the form of community tenure, state tenure, individual tenure or a mixture of two or three of them. However, land reformers are in constant debate as to which of the three offers the most appropriate pathway to poverty reduction. The policy outcomes of such debates have been to superimpose one tenure option over the other in differing situations. This article conceptualises a metaphorical approach to land reforms grounded on general systems theory. It advocates for contextualised methodological rigour and an approach to land reforms reliant on the influencing variables of alternative land tenure regimes as opposed to wanton superimposition of one form of tenure over the other.     

Land tenure security and its implications for investments to urban agriculture in Soweto,South Africa

Land tenure regime is considered one of the most crucial assets determining viability of urban agriculture, especially in terms of investments. Many authors have built on traditional agricultural theory that only land ownership and (formal) secure land tenure can incite investments into farming, thus stressing the need of secure land tenure for more prosperous urban agriculture. However, these statements are often built on weak or nonexistent empirical evidence. This research aims to contribute to the discussion on land tenure for urban agriculture by mixed-method exploration of the above-mentioned theory. Additionally, we propose a farming investment index which measures the level of investments by using non-monetary information obtained from respondents. The results of our study show that land tenure security for urban farmers is often seen as a rather narrow concept, focusing only on legal tenure security but omitting its other dimensions such as perceived and de facto tenure security. Nevertheless, all three dimensions of tenure security positively influence investments to urban agriculture.     

Ideal type theories and concrete cases in land science: A multi-step appraisal of the evolutionary theory of land rights in Madre de Dios,Peru

The relationships of regional integration, land tenure and land use have all received substantial previous attention. Nonetheless, existing theoretical frameworks tend to presume ideal types of land tenure in understanding the impacts of regional integration on change in institutions and land use. We therefore evaluate the evolutionary theory of land rights (ETLR) for the case of Madre de Dios, Peru. This is a useful case since tenure for agricultural lands is private individual as the ETLR theorizes, but other characteristics, such as the presence of forest extractivism, depart from the assumptions of the ETLR. We pursue a multi-step analysis of key relationships of the ETLR, focusing particularly on the linkages between highway paving as an indicator of regional integration, titling as a measure of tenure formality, multiple indicators of land market engagement, and land uses with diverse ramifications for ecological sustainability. Findings for the different steps partially support the ETLR for the case of Madre de Dios. Disconfirmation however sometimes occurs due to geographic accidents rather than due to truly contrasting findings. We conclude by discussing the need to identify characteristics of empirical cases that do and do not fit the expectations of theories in order to better evaluate the applicability of theory for analysis and policy.     

Are urban land tenure regulations in Namibia the solution or the problem?

Land tenure in Namibia is regulated by a variety of Acts, some of which date back to as far as 1937, and some of which are yet to be approved by Cabinet. This variety of Acts makes it difficult to evaluate the performance of land administration as a whole, and the appropriateness of coercive instruments with regards to urban land tenure in particular. In this article we evaluate how urban land tenure regularization practices are conducted in Namibia, and to compare new formal procedures, designed to address problems of efficiency and efficacy, to older existing procedures, supposedly not efficient or effective. This evaluation uses a theoretical framework of Pritchett and Woolcock [Pritchett, L., Woolcock, M., 2004. Solutions when the solution is the problem: arraying the disarray in development. World Development 32 (2), 191–212], which deals with public service delivery and transaction-intensive services. Applying this framework for a comparative analysis of 5 different land subdivision practices – each relying on a different land-related act – we conclude that the degree of regulation and regularization is perhaps not so much a solution for urban land tenure problems but more of a problem in itself.     

Lineage and land reforms in Malawi: Do matrilineal and patrilineal landholding systems represent a problem for land reforms in Malawi?

Based on government statistics and interviews with villagers across Malawi this article argues that customary matrilineal and patrilineal land tenure systems serve to weaken security of land tenure for some family members as well as obstructing the creation of gender-neutral inheritance of lands. Data from the National Census of Agriculture and Livestock 2007and the 2008 Population and Housing Census are used to characterize marriage systems and landholding patterns of local communities. Marriage systems correspond to customary land-tenure patterns of matrilineal or patrilineal cultures. The differences between the two ways of land holding represent a challenge for land reforms aimed at unifying rules for land tenure and land devolution. Drawing on an analogy of the resilience of the patrilineal land holding system in Norway, we argue that it will be difficult to remove the preferential rights of lineage members directly. We recommend that, instead of creating a unified national system, existing land rights should be formally recognized and circumscribed by fair procedures. A well-designed landholding system should aim to ease the transitions of diverse customary tenure systems towards the requirements of a modern large-scale society.     

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.     

Land tenure insecurity in post-certification Amhara,Ethiopia

It is generally believed that tenure security has improved due to the programme of land certification. In this paper I argue the opposite. Tenure security concerns three different rights: possession, renting and latent rights. Rights of possession are believed to have improved, but the evidence is weak and conflicting. Land rentals are expanding and farmers face high tenure insecurity. The main problem, though, is latent rights, with great insecurity and increased conflict levels. Despite rapid economic development there is considerable social malaise, an unfortunate agricultural structure, and considerable pressure for land redistribution due to unresolved land tenure issues. The paper is based on the certification literature and primary material from North Shäwa.     

Land tenure security: Revisiting and refining the concept for Sub-Saharan Africa's rural poor

In more developed societies the concept of land tenure security is implicit and backed by long standing institutions. In contrast, the concept is less recognised and carries divergent meanings in developing countries. In these contexts past conceptualisation efforts have favoured reductionist approaches: the concept is narrowed to one aspect or another, but, no shared agreement on a definition prevails. The absence of this basic theoretical knowledge impedes discourse on land policy formulation, implementation, and evaluation. This paper contributes to this issue by revisiting and refining the concept of tenure security in the context of Sub-Saharan Africa's rural poor. Using a systematic review, scientific evidence on the conceptualization issue is provided. A typology of different schools of thought is developed: land tenure security is shown to be understood through (1) economic, (2) legal or (3) adaptation lenses. Generic constructs from these viewpoints tend to dominate the notion of tenure security and subsequent land policy formulation; however, it is argued that none adequately describe the totality of the concept. Using the review results and a systems approach a new inclusive concept of tenure security for rural poor in Sub-Saharan Africa is developed. The refined concept of security is defined as an emergent property of a land tenure system. The content of such security is explained by interactions between all elements of a land tenure system as a whole. It is concluded that rural poor in Sub-Saharan Africa can enjoy the total security when interactions between all elements occur in a dynamic equilibrium.     

Tenure,land rights,and farmer investment incentives in China

The goal of this paper is to understand the nature of the property rights associated with China's land tenure systems and to study the impact of these property rights on agricultural production efficiency. The results show that land tenure and associated property rights in rural China affect the production behavior of farmers. The most robust finding is that the right to use land for long periods of time encourages the use of land-saving investments. While the results show that land tenure affects agricultural production decisions, the difference between collective and private plots, however, is small compared to the private plot - communal productivity gap that existed in the pre-reform period.     

Evolution of land tenure institutions and development of agroforestry: evidence from customary land areas of Sumatra

It is widely believed that land tenure insecurity under a customary tenure system leads to a socially inefficient resource allocation. This article demonstrates that the practice of granting secure individual ownership to tree planters spurs earlier tree planting, which is inefficient from the private point of view but could be efficient from the viewpoint of the global environment. Regression analysis, based on primary data collected in Sumatra, indicates that an expected increase in tenure security in fact led to early tree planting. It is also found that customary land tenure institutions have been evolving towards greater tenure security responding to increasing scarcity of land.     

Smallholder participation in the land rental market in a mountainous region of Southern China: Impact of population aging,land tenure security and ethnicity

Rural land rental markets in China play an increasingly important role in the transformation of the agricultural sector. This study focuses on the rural land rental market in the Xishuangbanna Dai Autonomous Prefecture in Southern China, a mountainous region, where rapid changes in land use have taken place with the transition from traditional agriculture and a tropical rainforest to rubber monoculture. Notably, we assess the impacts of population aging, land tenure security, and ethnicity on the participation of smallholders in the land rental market. The analysis suggests that a higher proportion of older people in a household increases the likelihood of renting out land and reduces the probability of renting in land, implying that population aging fosters land rental market development by transferring land from older to younger farmers. We also confirm that the availability of a land tenure certificate has a significant and positive impact on the renting out of land. Furthermore, ethnic minority groups are less likely to rent out land, indicating that land rental markets are ethnic sensitive. Additionally, specialization in rubber farming, household wealth and the altitude of household location also influence participation in the land rental market.     

Impact of land tenure on land use in low-income countries

The role of land tenure in agricultural development has been a subject of intensive research, particularly within the context of land and agrarian reform. The complexity of the world's major land tenure systems is well recognized and no attempt is made here to go beyond an overview as this paper limits itself to the impact of land tenure on land use in low income situations. Present land use is determined by a host of factors, of a physical/biological and socioeconomic nature. In applying land evaluation, the question it is necessary to ask is to what extent, when and where land tenure conditions act as a considerable constraining factor impeding a more optimal use of land resources. Even in what used to be low-population density areas (such as Sub-Saharan Africa) it appears that the frontier phase is becoming exhausted and the intensification of agriculture proceeds; it becomes imperative to examine land tenure in relation to land use implications. It is shown that so far a multi-disciplinary approach has often been lacking in treating land tenure and related issues.     

Local support among arctic residents to a land tenure reform in Finnmark,Norway

Claims for indigenous rights to land and resources are influencing land use policies worldwide. The public’s support for such land tenure arrangements has rarely been investigated. We present a unique case from the Norwegian Arctic, where land claims made by the indigenous Sami people have resulted in the transfer of land tenure and resource management from the government to the residents of Finnmark in 2005. Based on indigenous land claims, a management agency was established, the Finnmark Estate (FeFo), which on the operational level provides Sami and non-Sami users the same services. Public debates and conflicts among politicians and the public framed the political process leading up to this establishment. Based on a survey and interviews in Finnmark, we explored the public’s support for the new land tenure arrangements. We use the term diffuse support to investigate whether residents conform to FeFo’s basic ideas, values and principles, while specific support refers to the supportive attitudes for management actions carried out by the institution. We conclude that there is a general low diffuse support for FeFo among the residents in Finnmark, but a relatively high specific support for the policies and management actions implemented by the estate among those who have experiences with FeFo. We explain the gap between diffuse- and specific support by the historical, social and political processes which led up to the establishment of the land tenure arrangements.     

To reallocate or not: Reconsidering the dilemma in China's agricultural land tenure policy

In China, rural land is collectively owned at the village level. Village officials usually have the power to reallocate land property across families on an ongoing basis due to demographic changes in the village. Realizing that frequent land reallocation and abusive land requisition will undermine economic productivity as well as social stability, the “Rural Land Contract Law” passed in 2002 explicitly reads that farmland tenure security must be maintained for at least 30 years since the last nationwide reallocation in 1998. The frequency and magnitude of land reallocation in Chinese villages have decreased as a result. However, failure to allocate land to the newly increased population often induced conflicts among village members if the security of land tenure for 30 years was strictly implemented. Administrative land reallocations then still continued in some villages to accommodate demographic changes in these places. Based on an almost nationally representative rural dataset collected in 119 villages of 6 provinces across China in 2008, this paper lays out some stylized facts about the administrative land reallocation after 1998. By analyzing the opinions of over 2200 farmers on the central policy of maintaining farmland tenure security, we are able to rationalize why some farmers support the policy while others oppose it. This analysis helps us to better understand the dilemma between efficiency and equity embedded in the current agricultural land system in China. It is further shown that social conflicts among village members may easily arise either due to administrative land reallocation or due to lack of it. We argue that this dilemma cannot be resolved effectively without coordinated reforms in household registration system which can help hundreds of millions of Chinese rural migrant workers to permanently settle in cities and release their farmland to those who stay in the countryside.     

Private property and Mennonites are major drivers of forest cover loss in central Yucatan Peninsula,Mexico

The role of land tenure and Mennonites as drivers of deforestation in the Central Yucatan Peninsula has not been empirically assessed. We evaluate different drivers and their relationship to forest cover change between 1986 and 2015 and assess how land tenure and Mennonite communities impact forest cover loss in the Municipality of Hopelchen, Campeche, Mexico. This study shows that forest cover loss has increased in the last decade (2005–2015), and that land tenure regime type is associated with this loss. Throughout the study period, statistical comparisons show rates of forest cover loss were significantly higher in private and federal property compared to forests in ejidos (communal property). Forest cover loss in Mennonite private property was also significantly higher than in non-Mennonite owned private property. The role of land tenure and the expansion of the agroindustrial production model as major drivers of forest cover loss in the region provide important insight into developing municipal land use plans and conservation strategies to reduce deforestation. Programs, incentives and policy directed towards forest conservation in the region that typically target ejido communities, will need to consider the growing trend of private property expansion within federal lands and work more closely with private property owners including Mennonite communities if deforestation reduction programs are to be successful.     

20世纪中期关中地区的土地问题 --以高陵县通远乡为例

本文通过对土地改革前后高陵县通远乡的土地状况的个案分析，论证了正是因为关中地区人地关系的宽松，租佃关系不普遍，地主和富农拥有的土地不多，结果在土地改革期间，关中地区可供分配的土地比较少，当地政府无法同时做到既完全贯彻中央精神，又充分考虑到地方实际情况，最终在实际执行中，导致了中央政令与地方具体实践在一定程度上的背离；而就产中地区的土地改革本身而言，其效果是不经济的。