Urban land tenure policy options: titles or rights?

Abstract

This paper addresses urban land tenure issues and policy options, particularly in developing countries. It draws heavily on a recent review of the literature 1 1 Payne, Geoffrey ‘Urban land tenure and property rights in developing countries: A review’ Intermediate Technology Publications, London, 1997. and a research project on ‘Innovative approaches to tenure for the urban poor’ which involved case studies in over ten countries throughout the world. A full report on the project is being presented for the United Nations Istanbul+5 conference. Following a review of different types of land tenure and property rights, the paper shows that perceptions of tenure security are as important to households as legal status. It demonstrates that in most cities there is a continuum of tenure categories ranging in levels of security from pavement dwellers to freehold owners and that policies which involve dramatic transformations from one category to another may distort land markets and expose vulnerable social groups, such as tenants, to eviction. From this, it is argued that a more cautious approach is advisable so that existing situations can be stabilised through the provision of greater de facto rights. This will give time for the capacity of land registries and management agencies to be improved and assessments made of more formal methods for increasing tenure security. The main conclusion is therefore to build on what tenure systems already exist, rather than introduce radical changes, until more experience is gained in predicting policy outcomes.