Forms Of Land Tenure Research Articles

The trace of the trees: a historically situated geospatial assessment of deforestation in Bosawas biosphere reserve

ABSTRACT Deforestation is often framed as one of Nicaragua’s most pressing ecological challenges. Historically, the country has addressed the issue by relying on fence-and-control approaches to conservation. This is the case of Bosawas, the largest biosphere reserve in Central America. Despite advancements in remote sensing data, few spatially explicit attempts have been made to assess how this type of conservation scheme interacts with the country’s deforestation trends. This research combines two independently generated high-resolution land cover maps and agrarian census data to assess the extent of deforestation that has taken place in Bosawas from 1990 to 2022. Our findings indicate that the establishment of the biosphere reserve has proven ineffective in preventing deforestation and evidence that its current trend is closely related to the encroachment of capitalistic agrarian-based modes of production. This encroachment is rooted in a long history of state-led interventions, which has led to the gradual dissolution of local customary social orders, allowing the penetration of new ones that privilege individualistic and profit-oriented forms of land tenure and resources exploitation. Hence, conservation strategies that neglect the historical and political-economic roots of deforestation in Bosawas risk aggravating territorial conflicts and facilitating land dispossession modalities affecting mostly local inhabitants.

Informal Land Tenure and Livelihood Resilience in the Chaco Salteño, Argentina

The Chaco Salteño of Argentina is a global hotspot of land conflict and climate change pressures that, together, threaten the livelihoods of local inhabitants. This study sought to examine the role that formal land tenure and other mechanisms of access to resources play in building resilient livelihoods in the face of multiple stressors. Using a qualitative approach, we analyze the role of mechanisms controlling access to resources in securing the conditions necessary for adaptation. We find that the two primary adaptive mechanisms identified by producers (formalized land tenure and local producers’ organizations) vary greatly in their feasibility and contributions to livelihood resilience. We explore these to better understand how they are perceived by producers and the extent to which they are employed. Findings from this study contribute to efforts to advance sustainable development by contextualizing the importance of varied strategies in supporting resilient livelihoods.

THE LEGAL STATUS OF UNCERTIFIED LAND IN INDONESIA: CHALLENGES AND PATHWAYS TO OWNERSHIP CERTIFICATION UNDER AGRARIAN LAW

Every individual has the right to private property, and these rights cannot be taken arbitrarily. Before the enactment of the Basic Agrarian Law (UUPA) in Indonesia, a dualism in agrarian regulations existed, leading to various forms of land tenure. One such form is "girik," a document associated with generational land ownership, often without an official land certificate. Girik land is typically inherited and lacks formal certification, creating potential legal complications. This research employs normative juridical methods, focusing on secondary data to examine the legal status of girik as land ownership evidence under Indonesian agrarian law. The study addresses two key questions: (1) What is the legal standing of girik as proof of land ownership under Indonesian agrarian law? and (2) How can the status of girik land be converted into a formal certificate of ownership? Findings reveal that the UUPA does not recognize girik as valid proof of ownership, as confirmed by Supreme Court Decision No. 34/K/Sip/1960. The research underscores the importance of formalizing girik land to prevent future legal disputes.

LAND LAW, LAND RELATIONS AND ISSUES OF LAND SURVEY IN HISTORICAL ARMENIA BY WORKS OF S. BAHATREANTS AND H. MUSAELYAN

Studies of land relations, land law and land survey issues in different eras in Armenia are now more relevant and important than ever. Armenian nakharars, meliks and even peasants for many centuries basically preserved the lands they owned, land titles (in particular, the right of inheritance) and forms of land tenure even during the times of foreign conquests and loss of statehood. The paper focuses on these particular objectives. The presented sources are investigated for the first time from the point of view of land law, land relations, and the history of land management.

Socio-Economic Order and the Legacies of Armed Governance: The Aftermath of Paramilitary Rule in Colombia

ABSTRACT This paper focuses on the legacies of paramilitary governance in the Colombian civil war. Using a local case study, we show that former militia strongholds have been shaped by the lasting effects of armed rule on the ability of impoverished peasants and rural workers to challenge existing forms of land tenure and labour organisation. Our case highlights the need to adopt a local view to understand the embeddedness of armed governance in existing socio-economic orders. Our conclusion emphasises the importance of integrating a political economy perspective when studying the legacies of armed governance.

Urban ground leases: a cross-country comparison

ABSTRACT The ground lease is a form of land tenure where the property rights are split between the lessor (landowner) and the lessee (land user). Additional ground lease features, such as the obligation to pay ground rent, depend on factors including the legal framework and lessor requirements. Ground lease features can lead to interpretation problems for ground leaseholders and even valuers, such as misunderstanding the extent of ground rent review. This paper examines location-based differences in order to highlight ground lease variability across countries. The term ‘ground lease’ is effectively a catch-all term for a tenure type that can display considerable differences depending on the location. Recognition of potential ground lease pitfalls and how ground leases differ across jurisdictions is necessary in an increasingly connected world. This paper advocates for uniform international ground lease terminology that more completely explains the extent of tenure rights of each ground lease.

TUMPANG TINDIH PENGUASAAN TANAH DI WILAYAH IBU KOTA NEGARA “NUSANTARA”

In August 2019, the Central Government of Indonesia made an important decision to choose East Kalimantan province to be the location of the new state capital (Nusantara). East Kalimantan was chosen due to its large available state or government-owned land. Some of the large available lands are designated state forest while some others are unregistered land, for which the Government applies formal land tenure system. This article examines the extent to which formal land tenure system has been exercised in land control, land transaction, and land acquisition in the Nusantara through the inquiries on how local individual and group landowners responded to the application of the formal land tenure system. Data collection was conducted through library research and field interview. This research finds that there have been multiple overlapping claims over land rights taking place in the new capital. State, adat law communities, and sultanate are making claims to similar land plots. The overlapping claims arose after the bureaucrats developed a formalistic view or interpretation on state land. This view suggested any unregistered land is state land regardless of actual control and use that are existing. This form of interpretation will most probably influence the way the bureaucrat implements current regulations concerning the new capital where some stipulations respect customary land rights.

Development outcomes of land tenure formalization under customary and statutory land tenure systems in Tanzania: a multinomial endogenous switching regression approach

BackgroundLand Tenure Formalization (LTF) is long advocated as a policy prescription that fosters growth and reduces poverty in developing countries. However, the empirical evidence on LTF effects is mixed and inconclusive, proving unclear implications for policy. A set of possible conceptual and methodological flaws arising from treating LTF as a dichotomy between formalized and non-formalized alongside potential selectivity biases are amongst the main explanations for the mixed and inconclusive results. Using Tanzania’s National Panel Survey data from the 2014/2015 wave and employing a Selectivity Corrected Multinomial Endogenous Switching Regression, this study models the development outcomes of LTF with clear distinction of LTF between customary and statutory land tenure systems in Tanzania.FindingsThe study finds that possession of formal land tenure certificates [Certificate of Customary Right of Occupancy (CCRO) or Certificate of Granted Right of Occupancy (CGRO)] improves perceived land tenure security, but the effect is relatively larger and more significant for CGRO holders than CCRO holders especially in economically high potential areas, where land is becoming more individualized and commoditized. With regard to credit access, our results show variations in the effects between general, formal, and informal credit access. While there is no significant effect of LTF on general access to credit, possessing a CGRO significantly reduces the uptake of informal credit and appears to improve access to formal credit. With regard to land investments, our results show positive and significant effects of LTF on organic and inorganic fertilizer use as well as trees and permanent crops investments, but only for CGRO plots.ConclusionsThe study concludes that the effects of LTF differ significantly between the land tenure systems, thus, treating LTF as a dichotomy between formalized and non-formalized is an oversimplification that could potentially mislead policy decisions. Therefore, the study recommends that the design, implementation and evaluation of LTF programs should recognize this distinction for greater clarity about LFT effects and more meaningful policy messages. The study, further, recommends strategic land policy interventions that aim to enhance land tenure security, especially in high potential areas for more socio-economically optimal outcomes of the interventions.

Legal Aspect of Land Tenure Strategies by Foreign Nationals (Case of District of Jepara, Indonesia)

Great potential in investment, invites many parties to develop their business in Jepara Regency. The government regulates the control of Indonesian land for foreign nationals in the form of use rights. However, in reality, foreign nationals in Jepara do not use the Right to Use but use other forms of land tenure. This study aims to analyse Legal Review Of Land Tenure Strategies By Foreign Nationals In The District Of Jepara. In this study using qualitative methods, the method of collecting data through interviews and documentation which then the results of data analysis using descriptive analysis. The results of the study found that the form of strategies and methods of land tenure by Foreign Citizens in the Regency by a) Marrying Indonesian citizen by acting on behalf of his wife as the right holder. b) Living together without marital status by way of an agreement on property by both parties c) Leasing a foreign citizen with a local resident d) Through a foreign legal entity established in Indonesia to control land in Jepara Regency.

Specific use of heimath by the pilots of the Grand DuchE of Finland in the 19th Century

The article presents the historical and legal study results concerning the specifics of heimath use by the pilots of the Grand Duchy of Finland. To do so, general scientific (dialectical, comparative, historical-genetic, structural-functional), as well as specific scientific (specific-sociological, formal-logical, historical-legal, comparative jurisprudence) methods are utilized. It has been established that a heimath as an additional financial guarantee for the well-being of pilots in the Grand Duchy of Finland came into the Finnish legislation from the Swedish tradition. Pilots, being personally free people, used this form of land tenure as civil servants or as private property. At the same time, differences in the rights of each individual heimath were revealed in terms of its importance, profitability, size, remoteness, as well as in terms of personal qualities and the pilot service position who received it.

Mapping Forest Degradation and Contributing Factors in a Tropical Dry Forest

Forest degradation reduces biomass density, contributes to greenhouse gas emissions, and affects biodiversity and natural resources available for local communities. Previous studies have reported that gross emissions from forest degradation might be higher than from deforestation, due to the larger area affected by the first process. The quantification of forest degradation with remote sensing has large uncertainty, mainly because the subtle and gradual changes in forest are challenging to detect, and sometimes these changes happen below the canopy cover which the optical sensors cannot see. The objective of this work is to map the degraded forests and the most relevant biophysical and socio-economic factors contributing to such degradation in the dry tropics. We mapped the degraded forests by modeling forest biophysical parameters with multi-temporal optical data of Landsat-8 and Sentinel-2 and identified the most relevant biophysical and socio-economic factors that can be associated with forest degradation. We included three biophysical variables and 11 socio-economic variables including parceled land and land in ejido property and used multiple linear regression to relate those variables with identified degraded forests. We identified 62,878 ha of tropical dry forest in a degraded state, cover 49.91% of the forest area. The most relevant biophysical factor was distance to settlements and the most relevant socio-economic factor was percentage of parceled land property (private land). Both factors were negatively associated with the mapped degraded forests. Since parceled land and land in ejido property are strongly and positively correlated (Pearson’s r = 0.82, p < 0.001), it suggests that ejido property, as a form of land tenure, plays an important role in preventing forest degradation. This experiment presents a possible way to measure and understand degradation which may help finding solutions to slow down forest degradation and promote forest restoration.

Impacts of conflicting land tenure systems on land acquisition by agribusiness developers in Côte d’Ivoire

Large scale farming relies on favourable land tenure systems. However, conflicting land tenure is affecting agribusiness development in sub-Sahara Africa. A key question is whether Côte d’Ivoire, the world’s leading producer of cocoa, has been spared from the rampant land tenure challenging commercial farming. This paper is a reflection on the consequences of legal pluralism on the development of agribusiness. Through a case study of a region of south-eastern Cote d’Ivoire, it intends to demonstrate that coexistence of neo-customary and bureaucratic forms of land tenure constitutes a major obstacle for agribusiness development. Qualitative methods including individual interviews and focus group discussions were employed. Results reveal that land tenure systems are intricately linked to the complexity of agribusiness development. The study further finds land tenure systems is a source of conflicts between agribusiness developers and smallholders. Hence, agribusiness finds it difficult to grow due to land tenure systems, which cause immense hardship for agribusinesses developers in the South Comoé. The case of the South Comoé region, therefore, articulates a compelling need for policymakers to consolidate the land tenure system which has failed to secure land for agribusiness development.

The Right to Land: To Whom Belongs after a Reconciliation Law in Egypt

A revolutionary book by De Soto to formalize land tenure by changing “dead capital” to “life capital” has become the trademark in Egypt of issuing a temporary reconciliation law of 2019 and its amendment to approve a legal certificate to the violators against a certain fee. The question is does this law legalize informal housing? Is it enough to introduce a legal certificate to secure land tenure for the violators? How would this law apply on the ground? Depending on the deductive methodology, this paper traces sociotechnical transitions concerning legalizing the status quo of building/land, tenure security, real-estate markets (formal/informal) caused by laws on buildings violations reconciliation. The idea is to take a step back and look at a wide-angle of the problem in the future to arrive at a clear picture of the influences of the introduction of a new law on the land market, before making a decision. The paper assumes that the temporary reconciliation law in Egypt is opening the debate on the alteration of land management to govern the status quo of the chaos of the right to land. It concludes this temporary reconciliation law has created a state of decayed/wealth, social inclusion/exclusion of the bottom of the social pyramid nevertheless to whom the justification is affected.

Private Property and Social Capital: Dynamics of Exclusion and Sharing in the Subdivided Pastoral Rangelands of Kajiado, Kenya

Pastoral livelihoods are presented with new challenges as access to land is altered by climate change and privatization. Pastoralist livelihoods however continue to be reliant on mobility and pastoralists, therefore, continue to negotiate access to land in the privatized and subdivided rangelands. Various dynamics enable and constrain pastoralists’ access under this new form of land tenure, but little work has investigated the underlying power structures of access and the importance of private property for this. Based on field work in the subdivided rangelands of Kajiado county in Kenya, we argue that social structures and formal land ownership both enable and hinder pastoralists’ access to land. Moreover, while social capital is one of the most important factors for accessing pastures in subdivided rangelands, private property rights have an overarching importance for relations of access. As a result, the group ranches’ uneven allocation of land to its members has deepened inequalities in the community.

Informality within Indigenous land management: A land-use study at Curve Lake First Nation, Canada

Curve Lake First Nation (CLFN) in Ontario has a mainland Reserve area of 649 ha and a Reserve population of 1368; 768 of whom are CLFN members and 600 of whom are seasonal or permanent non-members. Land management is an amalgam - there is much formal land tenure through Certificates of Possession (CPs) and leases but little formal land use planning. A desire by CLFN (Chief and Council, Lands Committee, Lands Manager) for more formal land use planning drove this research. In 2019, 160 CLFN members participated in a land-use study. The results were aggregated into four categories: those that hold land (CP holders), those that do not hold land (non-CP holders), members living on-Reserve, and members living off-Reserve. CP holders and non-CP holders agreed that all parcels should be managed/used according to community values. There was similar agreement between on-Reserve members and off-Reserve members. However, there was little understanding of existing land tenure and land management regimes, and much uncertainty about the distinction between formal and informal land-use. Further analysis revealed, on the one hand, that there was a significant difference in knowledge about how Reserve land may be used between CP holders and non-CP holders, and between on-Reserve and off-Reserve members. We refer to this difference as a disconnect and found a correlation between informality and disconnect. On the other hand, there was no disconnect about the need for formal land-use policies and bylaws, which finding supports the CLFN community as it debates a land-use plan.

Commoning or being commoned? Institutions, politics, and the role of the state in collective housing policy in Bangkok, Thailand

This article theorizes the potential roles of the state in the urban commons through an analysis of a slum upgrading program in Thailand that employs collective forms of land tenure. In examining the transformation of the program from a grassroots movement to a “best practice” policy, the article demonstrates how the state has expanded from mere enabler of the commons to active promoter. In the process, the role of many residents has evolved from actively creating the institutions of collective governance— commoning—to adopting institutions prescribed by the state— being commoned. However, by comparing the work to two different groups of communities who work within the context of the policy, the article illustrates how active commoning can still take place in such contexts.

A planetary health model for reducing exposure to faecal contamination in urban informal settlements: Baseline findings from Makassar, Indonesia

BackgroundThe intense interactions between people, animals and environmental systems in urban informal settlements compromise human and environmental health. Inadequate water and sanitation services, compounded by exposure to flooding and climate change risks, expose inhabitants to environmental contamination causing poor health and wellbeing and degrading ecosystems. However, the exact nature and full scope of risks and exposure pathways between human health and the environment in informal settlements are uncertain. Existing models are limited to microbiological linkages related to faecal-oral exposures at the individual level, and do not account for a broader range of human-environmental variables and interactions that affect population health and wellbeing. MethodsWe undertook a 12-month health and environmental assessment in 12 flood-prone informal settlements in Makassar, Indonesia. We obtained caregiver-reported health data, anthropometric measurements, stool and blood samples from children < 5 years, and health and wellbeing data for children 5–14 years and adult respondents. We collected environmental data including temperature, mosquito and rat species abundance, and water and sediment samples. Demographic, built environment and household asset data were also collected. We combined our data with existing literature to generate a novel planetary health model of health and environment in informal settlements. ResultsAcross the 12 settlements, 593 households and 2764 participants were enrolled. Two-thirds (64·1%) of all houses (26·3–82·7% per settlement) had formal land tenure documentation. Cough, fever and diarrhoea in the week prior to the survey were reported among an average of 34.3%, 26.9% and 9.7% of children aged < 5 years, respectively; although proportions varied over time, prevalence among these youngest children was consistently higher than among children 5–14 years or adult respondents. Among children < 5 years, 44·3% experienced stunting, 41·1% underweight, 12.4% wasting, and 26.5% were anaemic. There was self- or carer-reported poor mental health among 16.6% of children aged 5–14 years and 13.9% of adult respondents. Rates of potential risky exposures from swimming in waterways, eating uncooked produce, and eating soil or dirt were high, as were exposures to flooding and livestock. Just over one third of households (35.3%) had access to municipal water, and contamination of well water with E. coli and nitrogen species was common. Most (79·5%) houses had an in-house toilet, but no houses were connected to a piped sewer network or safe, properly constructed septic tank. Median monthly settlement outdoor temperatures ranged from 26·2 °C to 29.3 °C, and were on average, 1·1 °C warmer inside houses than outside. Mosquito density varied over time, with Culex quinquefasciatus accounting for 94·7% of species. Framed by a planetary health lens, our model includes four thematic domains: (1) the physical/built environment; (2) the ecological environment; (3) human health; and (4) socio-economic wellbeing, and is structured at individual, household, settlement, and city/beyond spatial scales. ConclusionsOur planetary health model includes key risk factors and faecal-oral exposure pathways but extends beyond conventional microbiological faecal-oral enteropathogen exposure pathways to comprehensively account for a wider range of variables affecting health in urban informal settlements. It includes broader ecological interconnections and planetary health-related variables at the household, settlement and city levels. It proposes a composite framework of markers to assess water and sanitation challenges and flood risks in urban informal settlements for optimal design and monitoring of interventions.

Applying the Fit-for-Purpose Land Administration Concept to South Africa

What potential will the fit-for-purpose land administration concept have of working in the Republic of South Africa? This question is asked against the existence of a high-quality cadastre covering most of the South African landmass. However, a large proportion of the people living in South Africa live outside of this secure land tenure system. Many citizens and immigrants reside on communal land, in informal settlements, in resettled communities, in off-register housing schemes, and as farm dwellers, labour tenants and other occupants of commercial farms. Reasonable estimates suggest that there are more than 5 million land occupations that exist outside the formal land tenure system and hence outside the formal land administration system. This paper looks at the current bifurcated system and considers how the application of the fit-for-purpose land administration system can expand the existing cadastral system and provide security of tenure that is beneficial and acceptable to all. It demonstrates that, not only could it work, but it is also considered to be necessary. This paper uses South Africa as a case study to demonstrate how adjustments to institutional, legal and spatial frameworks will develop a fully inclusive, sufficiently accurate land administration system that fits the purpose for which it is envisioned. These country-specific proposals may well be of international interest to assist with the formulation of fit-for-purpose land administration systems being developed in other countries.

Ecological Restoration in “Liquid Societies”

This article tells the story of possibly the first ecological restoration project in the postsocialist world (1994), which is an example of a broader set of ecological restorations carried out in Eastern Europe. By exploring the two intertwined processes of the ecological restoration of an island in the Danube Delta and the advancement of neoliberal economic ideas through land reform, decollectivization, and land privatization, we contribute to the understanding of ecological restoration in societies in turmoil. We engage a social sciences perspective in order to show the entanglement between ecological restoration processes and institutions, political arrangements, and various forms of land tenure. This theoretical perspective also shows a model all too often present in ecological restoration projects: a proclivity for adopting a neoliberal approach toward administrating natural resources at the expense of local ecological knowledge and the local administration of natural resources.

Ecological Restoration in “Liquid Societies”

This article tells the story of possibly the first ecological restoration project in the postsocialist world (1994), which is an example of a broader set of ecological restorations carried out in Eastern Europe. By exploring the two intertwined processes of the ecological restoration of an island in the Danube Delta and the advancement of neoliberal economic ideas through land reform, decollectivization, and land privatization, we contribute to the understanding of ecological restoration in societies in turmoil. We engage a social sciences perspective in order to show the entanglement between ecological restoration processes and institutions, political arrangements, and various forms of land tenure. This theoretical perspective also shows a model all too often present in ecological restoration projects: a proclivity for adopting a neoliberal approach toward administrating natural resources at the expense of local ecological knowledge and the local administration of natural resources.