Land Titling Research Articles

Efficient Land Titling and Registration as a Source of Government Revenue in Oyo State, Nigeria

Efficient Land Titling and Registration as a Source of Government Revenue in Oyo State, Nigeria

Efficient Land Titling and Registration as a Source of Government Revenue in Oyo State, Nigeria

Efficient Land Titling and Registration as a Source of Government Revenue in Oyo State, Nigeria

Comparative Study of Conventional and Certificate of Occupancy Redefined Methods of Land Title Registration in Oyo State

Comparative Study of Conventional and Certificate of Occupancy Redefined Methods of Land Title Registration in Oyo State

Land Titling Patronage in Cities of Developing Countries: A Situation Analysis of Akure, Nigeria

Abstract The increasing land-use intensity in developing-country cities necessitates land markets supported by active land titling. The study of land titling patronage is critical in a developing country like Nigeria, where the state of development necessitates determining who has rights to lands, for what purposes, and for how long on the available relatively scarce expanse of land. Data for the study was obtained from the Ondo State Ministry of Lands and Housing and the household heads of the purposive selected private layouts/estates within the study area. Data were analyzed using both the Mann-Kendall test and Sen’s slope estimates as well as discriminant function analysis. The findings revealed a monotonously decreasing trend in the demand for titling in the study area which was statistically significant at 0.01 in decreasing order from 2009 to 2018. Further analysis showed that the education level of the head of the household as well as propensity to obtain loan/engage in the subsequent transactions were the most important determinant as to whether a landowner would title land or not. The study will be useful for public enlightenment, policy formulation, policy implementation, professionals and scholars, as well as in academic debates.

Encumbrance of Mortgage Rights on Uncertified Land

In the General Explanation of Mortgage Law (UUHT) it is stated that there are two absolute elements of land rights that can be used as mortgage objects, one of which is that the right in accordance with applicable provisions shall be registered at the Land Office. Thus, every Mortgage Object shall be registered and have a land title certificate. Nevertheless, on land having not been certified, Mortgage Rights may also be charged as long as the grant is carried out at the same time as the application for registration of the land rights in question. The problem is how to carry out the registration of mortgage rights on uncertified land and what are the legal consequences of granting mortgage rights to uncertified land rights? This study uses a juridical-empirical research method. There are two types of data used, such as primary and secondary data. The encumbrance of Mortgage Rights on land having not been certified has never been carried out by banks by making a Deed of Encumbrance of Mortgage Rights (APHT) directly. Banks are only limited to making a Power of Attorney to Charge Mortgage (SKMHT) only. The consideration for not making APHT for land that has not been registered is because the ownership of the titles to the land is not yet clear. In practice, Notaries/Land Deed Officials always make SKMHT in accordance with Article 15 (4) UUHT to bind collateral for land that has not been certified. This is an obstacle because the certification process takes more than 3 months, even a year. In dealing with problems in the form of unpaid loans with uncertified land collateral, while the debtor has died and left an heir, then there are several ways of settling the bank, such as: if the credit is due, then the payment is taken over by credit insurance. If the credit has matured and the credit insurance has expired, it will be billed until it is paid off to the heirs in a family manner by offering interest relief on the loan, asking the heirs concerned to make an underhand sale of the object of the guarantee.

Property rights and violence in indigenous land in Brazil

In Brazil establishing secure rights to indigenous land is a prerogative of the President and is the main tool for conducting indigenous policy. It is also highly controversial with intense debate as to the extent of land which should be considered indigenous and the extent of rights that should be protected. Despite strong constitutional rights, indigenous territories have been regularly encroached by an expanding economy. It is thus not clear that this policy instrument can effectively protect indigenous rights and avoid the depredation and devastation of their land and communities. I analyze data on all indigenous lands in Brazil to measure the impact of property rights on violence. To deal with the reverse causality from violence to property rights as well as omitted variables, I exploit an indigenous land titling program from 1996 to 2005 that selected for territories that were most prone to violence. Using as counterfactual a matched sample of territories that did not receive this treatment, I provide causal evidence that stronger property right to indigenous land can reduce violence.

Exploring the Influence of Land Titling on Farmland Transfer-Out Based on Land Parcel Data

Existing literature about the impact of farmland titling on farmland transfer takes no account of farmland plot characteristics, which makes them unable to effectively identify the causal relationship between farmland titling and farmland transfer. After the theoretical analysis, based on land plot level micro-survey data, we adopt the instrumental variable (IV) and conditional mixed process (CMP) methods to ease the endogeneity problem in the model and conduct a quantitative analysis. The results show that the land titling program has significant and positive effects on the transfer-out of farmland. Through a heterogeneity test, we observe a more pronounced promotional effect in regions with a higher economic development level and in farmland transfer deals with government facilitation. Moreover, the further application of a mediating effect model shows that the land titling program increases the net income from farmland transfer-out through increasing the value of farmland and reducing the transaction costs, thus promoting the transferring out of farmland. The findings contribute to providing empirical evidence for how the government may facilitate and support the attaining of more efficient scale operations of farmland.

Challenges and Prospects Associated with Paradigm Shift in Land Administration and Surveying among Private Practitioners in Nigeria

The quest for land administration that is efficient and fit-for-purpose has brought about the paradigm shift in land administration in Nigeria. This paradigm shift has led to the introduction of modern approaches of land administration that every land-related profession should key into. This paper thus assesses the challenges and prospects associated with paradigm shift in land administration and surveying among private practitioners in Nigeria. The qualitative method of analysis based on review of literature was applied in this paper. The findings reveal that Nigeria’s Government has been taking steps towards a shift from sporadic method of land registration to systematic land titling and registration. This paper concludes that Nigeria as a nation is gradually moving towards the new trend in land surveying through initiation and piloting of Systematic Land Titling and Registration (SLTR) in some of the Nigeria’s states. Any practicing surveyor that will be relevant in this growing present dispensation in land administration should reposition his/herself through improvement of knowledge in modern techniques of land administration with reference to land surveying. This paper thus recommends regular training and retraining on modern surveying methods for private surveyors; and organization of workshops on applicability of modern survey techniques for their members.

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

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.

Unsettled Rights: Afro-descendant recognition and ex-situ titling in Colombia

Ethnic recognition and collective titling have since the second half of the 20th century been promoted as ways of compensating for historical injustices and countering the destructive effects of capitalist development. While holding promise of autonomy, territorial rights, and resource control, they have also been seen as political technologies governing, spatially tying identities to place, and incorporating new areas into capital market relations. This paper draws on and contributes to these debates by exploring how the Colombian legislation for Afro-descendants ethnic recognition and collective titling is understood, employed and ‘reworked’ from below as well as from above. Drawing on ethnographic fieldwork, interviews, and document analysis, the paper follows the case of an Afro-descendant sand-extracting community in the Cauca Valley Region, Colombia. Threatened by a competing mining claim, the villagers seek to gain ethnic recognition among other things to secure rights and control mining resources. In the process, the villagers are offered a land plot away from where they live and work to title as their collective territory; a mechanism that I term ‘ex-situ titling’. As the villagers have no prior relation to the land, nor intend to resettle there, I argue that the ex-situ land titling only serves as a procedural step in the process of ethnic recognition, which, nevertheless, contributes to the uncertainty and incertitude around the villagers' ethnic rights and resource control.

Rewriting the rules of land reform: counterinsurgency and the property rights gap in wartime Nicaragua

ABSTRACT The use of agrarian reform within civil war to diminish insurgent support and violence has been a key topic within conflict scholarship, particularly in rural societies. Yet, this research has largely overlooked the ways in which the dynamics of counterinsurgency itself shapes land reform institutions – the procedures governing redistribution and legalization. Focusing on Nicaragua’s Contra War (1980–1990) and its longer-term effects, this article illustrates how counterinsurgent warfare can prompt state elites to refashion the rules of agrarian reform and titling in ways that ultimately undermine the state’s ability to regulate land tenure. As the perceived threat posed by the Contra insurgency deepened and peasant producers defected to rebels’ side, the highly centralized revolutionary coalition in power implemented alternative rules structuring land provision to recover rural support and preserve incumbent political power. These new rules permitted the individual and provisional titling of unregistered parcels, widening the property rights gap. The case thus illustrates that the obstacles to wartime agrarian reform may not emerge from state weakness or incompetence, but from how strategic wartime imperatives perversely remake the rules of land redistribution and titling.

PEMAHAMAN HUKUM ADMINISTRASI PERTANAHAN BAGI MASYARAKAT DESA SANGLAR KABUPATEN INDRAGIRI HILIR GUNA MENCEGAH KONFLIK DAN SENGKETA PERTANAHAN

This study aims to analyze the factors that influence the legal understanding of village communities in certifying their land rights to prevent conflicts and land disputes in rural areas. This research is socio-legal research. Socio-legal research is research that combines normative and empirical methods in its research. The results of this study The legal understanding of the Village community in making land title certificates as well as knowledge about the importance of ownership of land rights certificates is still relatively low, in general, the people who are used as informants do not know about the procedures for making land title certificates. The conclusions in this study confirm that the land is a very basic human need so legal understanding of the community is very urgent to be carried out in managing land certificates, in order to avoid disputes and cases of land grabbing in the community. If viewed from the economic aspect, land certificates can be used by the community to obtain business capital. So that people can improve their standard of living and welfare.

Property Rights and Urban Form

How do the different elements in the standard bundle of property rights, including those of possession and transfer, influence the shape of cities? This paper incorporates insecure property rights into a standard model of urban land prices and density, and makes predictions about investment in land and property, informality, and the efficiency of land use. Our empirical analysis links data on institutions for land titling and transfer with multiple urban outcomes, in 190 countries. The evidence is generally consistent with the model’s predictions, and more broadly with the Demsetz’s (1967) approach to property rights institutions. Indeed, we document world-wide improvements in the quality of institutions facilitating property transfer over time.

To sell, not to sell, or to quit: Exploring milk producers’ approaches after a supply chain disruption in Northwest Cameroon

• Overlapping circumstances in Bamenda, Cameroon, caused a supply chain disruption in the dairy sector. • Producers continued selling milk (Sellers), stopped selling milk but kept the cattle (Non-Sellers), or sold all their dairy animals (Quitters). • Sedentary and pastoral milk producers’ approaches are analyzed separately to avoid one-size-fits-all policies. • Pastoral Sellers are associated with greater access to production factors and sedentary Sellers with livestock diversity and land titles. • Dairy-focused trainings offered within functional cooperatives could help both groups maintain their livelihood post-disruption. The Northwest is the second largest milk producing region of Cameroon. In Bamenda, the region’s capital, the shutdown of the only milk processing plant in mid-2016 and political unrest later that year disrupted its dairy supply chain. Producers had to decide whether to continue selling milk, to momentarily stop selling milk, or to quit the dairy business entirely. We investigate the approaches considered by producers in response to the supply chain disruption using household survey data from 2017 with 320 active and inactive dairy market participants. By means of binary and multinomial logit models, we examine household characteristics, farm resources, and institutional factors that may have driven producers’ responses one year after the disruption. Our analysis reveals that pastoral and sedentary milk producers should be examined separately. Results show that livestock diversity, land titles, and dairy-focused trainings are helpful to sedentary producers to continue milk sales, whereas pastoral sellers are encouraged by greater access to production factors, and by being members of cooperatives. Generally, younger producers in non-urban areas are most likely to remain milk sellers, regardless of production system. This study sheds light on producers’ different approaches after supply chain disruptions and highlights farm-level factors that help them stabilize and maintain their livelihoods. This knowledge can contribute to the design of more appropriate mitigation strategies against the repercussions of such events in the future, particularly for cattle and dairy development programs.

Land Titling and Litigation

We study a large-scale land titling reform implemented as a randomized control-trial to isolate its causal effects on litigation. The reform consisted of demarcating land parcels, registering existing customary rights, and granting additional legal protection to rightholders. We find that, ten years after implementation, the reform doubled the likelihood of households experiencing land-related litigation, but disputes do not escalate into more frequent violent episodes. We suggest that this litigation increase is likely to reflect the complementarity of land titling by registration and by judicial procedures aimed at further clarifying property rights, as the reform registered titles to all parcels but left many of these titles subject to adverse claims. This raised the demand for complementary litigation aimed at perfecting titles for low value parcels which, under the customary system, it was individually optimal to keep unclarified. Consistent with this explanation, we find that the observed increase in litigation takes place among households characterized by low levels of wealth and market integration, who are likely to own land of lower value.

Unobservable land value in rural China and its microeconomic implication on land lease behavior

PurposeTotal farmland value exceeds its value in agriculture but is not directly perceptible to villagers in China. Thus, the exceeded part is often neglected when discussing farmer’s land transaction decision. This study aims to revisit the question about how land titling project affects farmer’s land renting-out and investigate how this unobservable land value would distort the intentional effects of land titling.Design/methodology/approachThis paper first modifies a two-period model by incorporating the unobservable part of land value into the farmers’ leasing decision problem. Following the implications from the theoretical analysis, this study then exploits the difference-in-differences and the triple-differences approach to confirm the distorting effects that are resulted from the unobservable land value.FindingsThe modified theoretical model of this study reveals that land titling would encourage farmers to rent out land when the unobservable land value is predicted to be low but discourage farmers’ willingness to rent-out when this value is predicted to be high. The core reason for this significant conclusion lands in the uncertainty of the unobservable land value. Empirical analysis then provided two evidences for this presumption. Furthermore, this study also gave a disproof of the argument that the uncovered discouraging effect is due to a stronger endowment effect.Originality/valueThis paper contributes to the literature by highlighting the unobservable land value in the farmers’ land-related decisions. This part of land value is always neglected in previous discussions about the land tenure system, but it would cause distorting effects especially in regions without private land ownership.

Titling and the value of land in Tanzania

AbstractWe use household survey data to investigate the relationship between formal, private property rights to agricultural land and agricultural investment, land valuation and access to credit in Tanzania. Results show that landownership documents are associated with substantial increases in the market value of land (more than 25%). One reason appears to be that well‐documented private property rights facilitate the use of land as collateral for loans and therefore ease access to credit. The findings suggest that there are potentially significant, economic returns to systematic land titling in Tanzania and other countries.

ANALISIS BIBLIOMETRIC DARI SERTIFIKAT TANAH (BIBLIOMETRIC OF LAND CERTIFICATE)

This article is a bibliometric analysis of articles published in Scopus indexed journals that discuss land certificates. Knowing how studies related to land certificates are progressing is the aim of this research. Data was collected from the Scopus database by using the keyword term "land certificate". The researchers analyzed and visualized the database obtained in the VosViewer software. The highest number of citations occurred in 2016-2020 was 31 citations. The most publication trend occurred in 2019 with 40 articles. Articles from the collaboration of three authors include 12 articles from Deininger K., 8 from Ritz B. 8 and 3 from Zhang I. The most common title terms are “policy, demography” (2000) 20 items, “environmental protection” (2005) 55 items, “human, female, male” (2010) 23 items, “certification, land tenure, land use” (2015) 24 items. Abstract as many as 52 items 'human', 41 items 'humans', 23 items 'certificate', and 21 items 'land use'. Moreover, the country that published the most land certificate articles was the United States with 64 articles, followed by China with 29 articles and Germany with 21 articles. Citation analysis in the article the land certificate shows an increase as well as a decrease. The highest citation rate occurred in 2020, while the citation of land titling articles decreased in 2021.

Agricultural credit constraints in smallholder farming in developing countries: Evidence from Nigeria

The agricultural sector in developing countries like Nigeria is characterized by low productivity, driven partly by low use of modern agricultural technologies. Poor access to credit is seen as a key barrier to adoption of these technologies. Policy discourses and literature often associate credit constraints by smallholders with supply-side factors such as inadequate access to sources of rural finance or high costs of borrowing. However, demand-side factors, such as smallholders’ risk-averse behavior, high transaction costs and information asymmetry predominate in rural areas of developing countries equally play important roles in the functioning of rural credit market. Using a nationally representative LSMS-ISA data from 5000 smallholders in Nigeria and seemingly unrelated econometric models, we examine the nature of rural credit, the factors affecting rural credit, and the effects of credit constraints on adoption of four agricultural technologies – inorganic fertilizer, improved seed, agrochemicals, and mechanization. Contrary to policy discourses focusing on supply-side factors of rural credit, we found that demand-side factors are equally important for improving access and utilization of rural credit. On the supply side, inadequate collateral is the key constraint; hence supply-side policies should focus on enhancing smallholders’ capacity to possess bankable collateral, such as land title or assets. On the demand-side, interventions such as crop insurance, information access and extension services are needed to increase credit access, technology adoption, and smallholder's agricultural productivity.

Land Titling and Household Labor Supply: Evidence From Mexico

Land Titling and Household Labor Supply: Evidence From Mexico