Dynamics of youth access to agricultural land under the customary tenure regime in the Techiman traditional area of Ghana

This paper investigated youth access to agricultural land under customary land tenure in Ghana. Using Techiman Traditional Area as a case study, the study applied multiple sampling techniques in a multi-stage sampling process to select the study communities and respondents. A total sample of 455 youth respondents and 23 elders were covered in twenty peri-urban and rural communities. The study revealed that irrespective of whichever mode (market or non-market) the youth employed to access agricultural land, in rural or peri-urban areas, there were constraints to their land sizes. Majority of the youth, both indigenes and migrants, held small land sizes of 1–3 acres for farming purposes. The underlying causes were two-fold: demand-related such as high cost of accessing land and competition from residential developers and supply-related such as unwillingness of the elders to release land and increasing scarcity of productive family land, among others. It is thus the conclusion of the paper that more research should be conducted across the country into youth access to agricultural land under customary tenure as a means of formulating an evidence-based youth agricultural land access policy for the country. There is also the need for public education of customary authorities to sensitize them on the need for making land accessible to the youth for agricultural purpose.     

Land registration effectiveness in a state-subsidised housing project in Mbekweni,South Africa

As part of a programme examining the effectiveness of land tenure forms − tenure administration system combinations, the paper examines how and why beneficiaries use land registration in Project 2, a state subsidised housing project in Mbekweni, South Africa. The ownership − registration combination can have a number of negative consequences when policy makers focus on economics alone, rather than the complete set of factors that are critical for registered ownership to work in poor urban communities. South Africa’s state-subsidised housing programme has created up to 3.7 million housing opportunities. Off-register secondary transactions constitute a major problem when the properties registered in ownership. Building on a series of related case studies, an evaluative schema classifying an ownership − registration combination as strong, semi-strong, semi-weak or weak is presented, along with the main findings from three previously reported case studies where the combination was classified as semi-strong. The beneficiaries in Project 2 were predominantly in-migrants from a rural customary area, and based on earlier work and the literature, a weak or semi-weak classification was expected. However, the case was classified as semi-strong. Ongoing, visible administration is possibly a major factor underlying this classification.     

Registration of private interests in land in a community lands policy setting: An exploratory study in Meru district,Tanzania

Current Tanzanian land law offers registration of private interests in land in the form of Certificates of Customary Rights of Occupancy (CCROs) within a broader community lands approach. We conducted qualitative research on the issuance of CCROs along a mountain slope transect in Meru district in northeast Tanzania. This area features intensified smallholder agriculture that evolutionary theory suggests is well adapted for registration of private interests in land. It also features strong customary authorities of the sort that legal pluralism theory suggests may lead to property relations that are not singular and evolving but multiple and co-existing. We found that tenure was highly individualized and local demand for CCROs was expressed in a context of both agricultural intensification and nascent urbanisation. Nevertheless, due to high cost and coordination constraints, this demand did not deliver widespread registration. While CCROs were perceived as useful to resolve land conflicts and put up as collateral for loans, they were not essential as a variety of alternative approaches were in place. In this forum shopping, plurality was not in itself a problem and individuals increasingly chose quasi-formal paper authorisations over customary rituals. Based on our findings, we recommend that land administration systems more explicitly build on existing quasi-formal practice, and that community lands approaches include a diversity of national programmes tailored to different local community circumstances.     

黑龙江省农林用地确权和争议调处问题调查研究

研究目的:研究黑龙江省农地与林地确权及权属纠纷案件的解决办法,为国家有关部门和黑龙江省政府决策提供客观依据。研究方法:文献资料法、实证分析法和理论研究法。研究结论:调整林区土地管理的相关法律关系;林地作为不动产其物权应实行集中统一确权登记;细化现行的地权管理政策及措施;进一步强化各级政府土地权属管理的职能,增加地权争议特别是农林矛盾调处工作力量。     

半城市化地区土地适宜性评价方法及应用——以厦门市集美区为例

研究目的:构建半城市化地区土地适宜性评价指标体系,促进农村与城市间过渡性区域的土地资源可持续利用。研究方法:将厦门市集美行政区域划分为农用地、建设用地和生态用地三种土地利用类型,选择合适的评价指标,基于遥感、地理信息系统、层次分析法、专家评分法等手段对每种土地利用类型的适宜性进行评价。研究结果:集美区适宜作为农用地、建设用地和生态用地的土地面积分别占总面积的11.7%、15.4%和1.6%,与当地土地利用实际比较吻合。研究结论:构建的土地适宜性指标体系和评价步骤可用于其他半城市化地区。     

Pastoralism within land administration in Kenya—The missing link

In land administration (LA), the right to exercising property/ownership rights on land is based on cadastral processes of adjudication, survey and rights registration. Private ownership rights are now being taken up in pastoral areas, where they must contend with pastoralists’ land rights. Pastoral land use requires seasonal migrations determined by climatic conditions. This study aimed to find out how well the existing land laws and property rights in LA are able to serve the requirements of pastoralists land use, identify mismatches and put forward possible solutions. A case study was carried out in the Samburu–Laikipia–Isiolo–Meru landscape in Kenya. Data on the degree of livestock dependency among pastoralist communities, the spatial extent and patterns of dry season migrations, the resulting encounters between herders’ and non-pastoralist land use actors, and the perceptions of land rights held by actors were collected through a variety of methods and analysed. The results show that pastoralism is still active. The migration corridors reveal that herders maintain extensive dry season mobility, even though some of the corridors currently overlap with areas where land is privately owned by non-pastoralist land use actors. Moreover, the results show that most non-pastoralist land use actors have their land rights registered, but seasonal encounters with migrating pastoralists persist as pastoralists continue to exercise customary rights of communal use. We conclude that existing land laws and property rights in LA are suitable for sedentary land use, but do not address how to serve pastoralists land rights in time and space. The pastoralist's migration routes and patterns obtained indicated that it is possible to predict where pastoralists will be at a given time/drought period. This information could be used by decision makers and land administrators to identify where and when pastoralists’ land rights apply. This could provide the foundation for including pastoralists’ spatiotemporal land rights in LA. Arguments emphasize that adjudication, surveys and registration of rights should focus not only on ownership and full control of land, but also on defined periods when spatiotemporal mobility and access rights could be granted to pastoralists.     

2021年土地科学研究重点进展评述及2022年展望 ——土地经济分报告

研究目的：梳理并比较2021年国内外土地经济领域的研究进展和研究重点,展望未来研究方向。研究方法：文献分析法。研究结果：2021年,国内研究集中于城市土地利用效率、城市土地供给、农地流转机制建设、土地价格的空间分布、土地要素市场化、产权安全效应、产权制度创新、土地征收补偿以及宅基地制度改革等问题;国外研究重点关注城市土地价格的影响因素、土地市场与农业发展、土地市场参与主体与土地利用效率、产权安全与农业生产效率、土地制度改革的减贫效应等。研究结论：土地经济研究的深度和广度得到了拓展,土地经济研究需要进一步结合中国国情,着力探索理论创新,为形成有中国特色的土地经济理论、更好地为新时代土地制度改革服务而努力。2022年《中国土地科学》将重点关注土地经济基础理论探索、土地市场波动的理论与实证研究、土地要素市场化机制设计、土地制度改革配套政策、确权登记颁证进展与绩效评估、重要改革试点的跟踪与评价等。     

Customary vs Private Property Rights? Dynamics and Trajectories of Vernacular Land Markets in Sub‐Saharan Africa

Contemporary discourse on land in Africa is polarized between advocates of tenure reform through state registration of individual titles to land and others who claim that customary or 'communal' tenure is the only check against landlessness among the poor in the African countryside, and that 'pro-poor' land policy should therefore strengthen customary rights to land. This paper draws on a growing body of evidence on the emergence of vernacular rural land sales and rental markets to question assumptions that underlie the non-market 'ideal type' communal tenure model that has historically dominated policy thinking in Africa, and continues to be shared by both sides of the current land tenure reform debate. The paper argues that recognition of the specific characteristics of 'vernacular land markets'– commoditized transfers of land within the framework of customary tenure – is essential if state land policies are to succeed in promoting the interests of the poor.     

Registration and release of customary-land for private enterprise: Lessons from Papua New Guinea

Land held under customary tenure has proven difficult to register and release for private enterprise globally. This is because the costs of developing secure rights to land held under communal ownership is high given that such ownership rules out a ‘pay-to-use-the-property’ system while punitive negotiation and policing costs make a ‘pay-him-not-to-use-the-property’ system ineffective (Demsetz, 1967, p. 355). Here I document reforms to institutions governing access to land held under customary title in Papua New Guinea that has imbedded collective ownership whilst allowing for a ‘pay-to-use-the-land’ for private enterprise. Reforms put in place over the past decade have allowed for voluntary incorporation of landowning clans, the registration of their land, and the leasing of this land for up to 99 years. The ongoing reforms provide lessons both for Papua New Guinea and for others wrestling with the challenges of making available land held by customary groups for individual enterprise.     

Customary land allocation,urbanization and land use planning in Ghana: Implications for food systems in the Wa Municipality

Food insecurity remains persistent in the Global South due to constraints in food production capacities and intricate land tenure systems that stifle investment in agriculture. In the urbanized regions, uncontrolled urbanization and non-compliant land use systems have further worsened the potentials for urban food production. This research is based on a case study of the Wa Municipality in order to assess the influences of customary land allocation and peri-urbanization on land use planning and foods systems in Ghana using explorative and narrative research approaches. The study identified that customary stakeholders responsible for allocating such lands in the Wa Municipality were indiscriminately converting large tracts of hitherto agricultural lands to urban land uses. Statutorily prepared land use plans are hardly enforced and the planning priorities are on residential and commercial land uses that command higher land values to the detriment of agricultural lands. Weak institutional linkages also characterize the mandated planning and land administration institutions, with a planning system that is reactive rather than proactive in addressing development control challenges across the country. There is the need for planning authorities to adopt participatory land uses planning together with customary landholders and educating them on the essence of comprehensive land use planning approaches. Based on the findings, local governments need to partner landowners to identify and reserve high potential agricultural land for sustainable urban food production.     

新增建设用地指令性配额管理的市场取向改进

研究目的：通过案例分析，揭示改进农地非农化开发指令性配额管理体制的方向。研究方法：文献资料法和案例分析法。研究结果：在中国农地非农化开发中，地方政府是第一顺序的土地开发者，中央以新增建设用地配额的形式统筹分配土地开发权，这一指令性配额管理体制与土地公有制以及当前所处的转型发展阶段总体上是适应的，但这一体制的“刚性”也引发了很多矛盾。改进指令性配额管理的可能路径是实行新增建设用地配额与其耕地保有量挂钩，构建新增建设用地指标市场对配额进行调剂。研究结论：沿着可转让配额方向推动农地非农化开发的指令性配额管理体制改革，是实现最严格的土地管理制度与市场机制有效衔接和协调的一个可选路径。     

The “sowing of concrete”: Peri-urban smallholder perceptions of rural–urban land change in the Central Peruvian Andes

Policy makers concerned with the peri-urban interface find their greatest challenges in the rapid urban growth of developing mountain regions, since limitations caused by relief and altitude often lead to an increased competition between rural and urban land use at the valley floors. In this context, little attention has been paid to the affected agriculturalists’ perceptions of peri-urban growth—important information required for the realization of sustainable land use planning. How is the process of rural–urban land change perceived and assessed by peri-urban smallholder communities? Which are the major difficulties to be overcome? By what means are the affected people reacting and how are these adaptation strategies linked with the ongoing landscape transformations of the hinterland?By using the example of Huancayo Metropolitano, an emerging Peruvian mountain city, it is shown that rural–urban land change is intensively discussed within peri-urban smallholder groups. Although urbanization also leads to infrastructure investments by public institutions—an advantage perceived throughout the study area—the negative impacts of rural–urban land use change prevail. The perceptions’ analysis reveals that the decrease of fertile and irrigated agricultural land at the quechua valley floor is especially considered to threaten subsistence, food and income security. In order to compensate the loss of production capacities, many smallholders try to expand or intensify their land use at the suni altitudinal belt: an agro-ecological zone characterized by steep and nonirrigated slopes that can actually not be used for the year-round production of crops previously cultivated at the quechua zone.     

Integrating decentralised land administration systems with traditional land governance institutions in Ghana: Policy and praxis

The aim of the Land Administration Project (LAP) policy reform for supporting the establishment of the Customary Land Secretariats (CLSs) is to formalise and strengthen customary land administration and management within the context of decentralised land administration. With the prospects of the CLSs becoming the legal local land administrative units, the paper assessed how traditional land governance institutions may have contributed to the decentralisation of land administration in Ghana. The research used case study strategy within the qualitative research paradigm and un-structured questionnaires were used to collect data. The analyses show that, simple land registries exist with traditional local governance institutions through the CLSs. The maintenance and effectiveness of this however depends on continuous improvement of records keeping, quality of office personnel and suitable office accommodation. This should be devoid of local power struggles among current and successive chiefs. Also, collaboration with public land sector agencies especially in areas of sharing information on rights, uses, disputes and preparation of planning layouts is paramount. These registries are mere extension of the state land administration apparatus as service units under the deconcentration of land administration powers. The paper concludes that the current policy focus on strengthening decentralised land administration through the CLSs may fail if attention is not given to the maintenance of the local registries. Revenue generation capacities of the CLSs need to be enhanced in order for them to recruit and maintain quality office staff, and acquire technical logistics. Decentralising land administration to the CLSs under the deconcentration of powers should be maintained in the interim because of the teething problems identified with this current system.     

The Impact of Industrial Investments on Land Use and Smallholder Farmers’ Livelihoods in Ethiopia

This study analyzes industrialization-induced agricultural land conversion (ALC) and its impact on land use change, food crop production, and the livelihood of smallholder farmers in peri-urban Gelan and Dukem, Oromia Region, Ethiopia. The study was carried out using a mixed method approach, i.e., qualitative and quantitative methods. Data were collected through various methods, e.g., household survey, expert interview, field observation, and focus group discussions method. Furthermore, a total of 223 interviews with farmers were conducted in Gelan and Dukem. Results show that large-scale industrial investments in the case study area led to substantial land use change, an appropriation of agricultural land, and an increase in the number of landless farmers, as well as farmers with small farmland holding sizes of less than one hectare. At the same time, the total crop production in the area decreased. The ‘development pace’ of the investments is often very slow. Only 28% and 37% of the licensed projects in Gelan and Dukem had entered their operational phases by the end of 2014, respectively. The study concludes that if the incomes of smallholder farmers are not enough to meet the needs of their families, they will need to create some income alternatives. Thus, considering the population growth and limited farmland, it is necessary to support various income-generating activities in order to improve farmers’ livelihoods rather than depending entirely on low productive methods such as traditional agricultural activities and non-mechanized production tools. It is worth mentioning that the results of this study will enhance the positive impacts of ALC and minimize the negative ones through land use planning and management tools. Furthermore, the main findings allow us to specify the gaps in access, utilization, and coverage due to wrong policy priority and institutional and technological variables.     

Politics of rural land registration in post-socialist societies: Contested titling in villages of Northwest Vietnam

Land registration has been perceived as a precondition for secure property rights and agricultural development. Yet land registration has often failed to achieve its presumed benefits. This article explores the relationship between land registration, tenure security, and agricultural development in the context of post-socialist transformations. It focuses on one key difference between socialist property and the notions underlying post-socialist land laws: socialist property law accommodated the existence of multiple layers of social control over land whereas post-socialist land legislation promotes exclusive land rights. Post-socialist land rights are exclusive in the sense that the new laws do not recognize any intermediate layers of control between the landholder and the state. The paper draws on a case study of land registration in a commune in north-western Vietnam. The research included semi-structured interviews with 65 randomly selected households and informal conversations during extended stays in the commune as well as the collection of government statistics and interpretation of SPOT images. Its results demonstrate that villagers opposed land registration and refused to comply with its rules, although registration would have strengthened villagers’ legal rights to land. The villagers resisted land registration because the new land rights conflicted with their actual land relations, which included more layers of social control than land registration could accommodate. At the same time, although land registration failed to take effect in the villages, agricultural output expanded and the forest regenerated. The findings therefore suggest the need for adjusting land registration to accommodate intermediate layers of control over land where land claims are not as exclusive as assumed by the existing legislation.     

Policy Discourses on Women's Land Rights in Sub–Saharan Africa: The Implications of the Re–turn to the Customary

This article examines some contemporary policy discourses on land tenure reform in sub–Saharan Africa and their implications for women's interests in land. It demonstrates an emerging consensus among a range of influential policy institutions, lawyers and academics about the potential of so–called customary systems of land tenure to meet the needs of all land users and claimants. This consensus, which has arisen out of critiques of past attempts at land titling and registration, particularly in Kenya, is rooted in modernizing discourses and/or evolutionary theories of land tenure and embraces particular and contested understandings of customary law and legal pluralism. It has also fed into a wide–ranging critique of the failures of the post–colonial state in Africa, which has been important in the current retreat of the state under structural adjustment programmes. African women lawyers, a minority dissenting voice, are much more equivocal about trusting the customary, preferring instead to look to the State for laws to protect women's interests. We agree that there are considerable problems with so–called customary systems of land tenure and administration for achieving gender justice with respect to women's land claims. Insufficient attention is being paid to power relations in the countryside and their implications for social groups, such as women, who are not well positioned and represented in local level power structures. But considerable changes to political and legal practices and cultures will be needed before African states can begin to deliver gender justice with respect to land.     

Adoption of volunteered geographic information into the formal land administration system in Kenya

Individualization of tenure through title registration programmes introduced in many African countries after independence with the promise of security of tenure and increased agricultural productivity has, instead, had the opposite effect. Informal land arrangements continue to emerge as a result of the slow pace of land adjudication (formalization) and updating of land information systems. The trend towards computerization of land information systems has only put focus on already existing formal land tenure arrangements, leaving out the informal social tenure arrangements. As a result, there are now many efforts worldwide motivated by the introduction of the Social Tenure Domain Model (STDM), and freely-available and easy-to-use technology tools to identify, document and map land in support of informal land administration arrangements. Actions are made towards the use of community-generated information to support land administration. Using theories from the interplay between formal and informal institutions, this paper discusses the potential outcomes in adopting Volunteered Geographic Information (VGI) in land administration in Kenya. Two case studies are presented that demonstrate the complementary-accommodating, versus the substitutive-competing approaches. These are then compared with the formal land adjudication process in Kenya. It is established that because of the direct involvement of the national mapping agency in land adjudication where VGI is utilized, the outcome is a case of formal adoption of VGI, while in the other case, where there is little or no involvement by the national mapping agency, the outcome is more of competition and substitution. The latter is an example in which the VGI is used just like any other information to inform policy making, rather than taking it as the authoritative source. We argue that since informality is – and will always be – part and parcel of land administration in many African countries as a result of ingrained social relations and power structures, adopting crowdsourced land information into existing formal land administration systems should consider the particular land administration process, satisfying innate demands and requirements, thus re-engineered to accommodate VGI.     

Owned or rented—does it matter? Agricultural land use change within farm properties,case studies from Norway

In Norway and many other countries agriculture has moved toward less, but bigger farms. Total agricultural area has not been much affected mainly due to land tenancy. In this study we used aerial photographs to map land use and land cover in agricultural areas at present and in the mid-sixties. Three study sites were chosen, representing areas of differences with respect to drivers of change and possible differences in their landscape outcome. Maps from the two periods were used to produce transition matrices for the three areas as well as within each farm property. Our main finding on acreage change is that fully cultivated land increases and pastures decreases. A novel feature in our study is that we also include land use changes within single properties. In all three places a large share of the fully cultivated land in the sixties remains fully cultivated land irrespectively of whether the land is in use by its owner or is rented. When we looked at increases of fully cultivated land, the results are mixed. In the less favorable region, ownership to land versus rented land helps explain the variation in gain of fully cultivated land as well as maintained total agricultural area. However, in the case study from the grain region, whether a farm property today is in use as own land or rented, do not help explain the variation in changes within the data sample of farm properties larger than one hectare.     

土地登记制度的经济分析

研究目的:运用法律经济分析的基本理论,阐述土地登记制度的成本与效益,为建设安全、有效率的土地登记制度提供经济分析框架.研究方法:文献资料法和案例分析法.研究结论:在中国土地登记制度建设中要广泛研究如何降低交易成本和提高土地登记效益,避免忽略土地登记制度成本和效益的倾向.