The Power of the Pen: Informal Property Rights Documents in Zambia

Abstract

Abstract This article explores the expansion of informal property rights documents through the case of chiefs’ titles in Zambia. Entrepreneurial chiefs have created written land rights for citizens on customary land in the form of letters, signed maps, and certificates. These documents are an alternative to state land titling that allows chiefs to maintain their control over land. However, chiefs’ titles are extra-legal: they are enforced by the same traditional leaders who govern unwritten customary rights, raising doubt about whether written land rights can strengthen citizens’ land claims without changing the existing power structures. Evidence from 121 interviews with chiefs, bureaucrats, and smallholder farmers and a survey of over 5,500 citizens shows that, despite their flaws, chiefs’ titles do increase citizens’ perceptions of tenure security. This suggests that informal property rights documents can be a powerful tool in a citizen’s arsenal. Further, these findings illustrate a process of adaptation and change within customary land institutions.