Land Tenure System Research Articles

Pitfalls of PTOs in land ownership and control: Rethinking access for rural development in South Africa

Permission to Occupy (PTOs) was viewed by the apartheid regime as an important mechanism for addressing inequalities in South Africa (SA). The African National Congress (ANC) government has ruled over SA for the past 30 years but has been unsuccessful in dealing with the country’s racialised land inequalities. The land reforms introduced by the ANC government have not addressed the challenges of land in the country in a timely manner. Thus, tackling the issue of land inequalities remains crucial. A desktop review was conducted to critically examine the pitfalls of PTOs in the context of rural development and advocates for a re-evaluation of access mechanisms to promote more equitable and sustainable land tenure systems. The results show that these pitfalls perpetuate socio-economic inequalities, hinder investment in land improvements, and contribute to conflicts over land resources. In response, the article proposes alternative approaches to enhance access to land for rural development, such as community-driven land governance mechanisms, participatory land-use planning, and the recognition of customary land tenure systems. These alternative strategies prioritise rural local empowerment, strengthen tenure security, and foster inclusive decision-making processes.

Comparative analysis of rural communities’ tradeoffs in large-scale and small-scale renewable energy projects in Kenya

AbstractIn Kenya's dynamic renewable energy landscape, characterized by complex policy frameworks, complex land tenure regimes, and diverse community dynamics, this qualitative research investigates the mechanisms and motivations guiding community decision-making when trading land for electricity access within the context of renewable energy projects. Through the lens of the Institutional Analysis and Development (IAD) framework, particularly the rules in use, this study unravels the complexities of rural communities’ trade-offs inherent in both large-scale and small-scale renewable energy projects. Data was collected through in-depth interviews, focus group discussions, and participant observations in rural communities engaged in these projects. The findings offer new insights into communities’ decision-making processes and institutional dynamics in shaping outcomes, with a focus on land rights and land use implications. The analysis highlights the relational nature of the trade-offs, influenced by factors such as land tenure systems, project scale, electricity access, traditional knowledge, and local context, supporting the importance of understanding communities’ diverse roles and positions, power dynamics, and governance structures. Overall, this study contributes to a deeper understanding of the complexities surrounding land-electricity trade-offs in renewable energy projects in rural areas, emphasizing the need for adaptable strategies to address evolving community needs and challenges.

Determinants of maize farmers willingness to pay for private extension services in Ejisu municipality, Ghana

In recent times, private sector involvement in extension services delivery in Ghana has increased. We assessed farmers' willingness to pay (WTP) for private extension services. We used quantitative techniques and selected 385 farmers through multistage sampling technique. Farmers’ had a good perception of private extension services because of its flexibility, availability, value for money, and acceptable rates. Income, secondary occupation, marital status, extension contact, amount of maize sold every season, and land tenure system have an effect on farmers' WTP and the amount to pay. Government policies should continue to encourage and support private sector participation in providing extension services.

Wetland Restoration and Conservation. Case of Uganda

Wetlands are the “natural filters with a variety of important ecosystem benefits and are more relevant in improving people’s livelihoods. However, as a result of increasing global economic pressures, they have drastically decreased resulting in more global environmental challenges such as climate change. This has attracted international and regional attention for wetland management through restoration which has several success and failure stories. This review aimed at establishing the dynamics for wetland restoration success and failure in Uganda through narrative literature review. This showed that institutional and policy environment, land tenure systems, traditional and indigenous knowledge, and project scope significantly affect the restoration outcomes. Therefore, there is a need for comprehensive interdisciplinary collaboration for effective and efficient governance and alternative live- hoods analysis, the integration of traditional knowledge for land tenure system support, fostering gender sensitive and a multisectoral, approach and prioritizing community-centered practices to address land tenure system complexities and ensure the sustainability of wetland ecosystems for future generations in restoration initiatives

Land Tenure Systems, Land Governance in Canada and Accreditation Arrangements for Cadastral Surveyors

Land Tenure Systems, Land Governance in Canada and Accreditation Arrangements for Cadastral Surveyors

The Nexus between Land Tenure System & Household Livelihoods

The Nexus between Land Tenure System & Household Livelihoods

The cry of Landless Smallholder Women Farmers and Agro-Processors in Northern Ghana- Evidence from West Mamprusi Municipality

Women’s access to critical resources such as land is one of the most topical issues amongst development practitioners, gender advocates, and policymakers alike. Land is one of the bases of wealth, power, and authority in most developing countries. As such, no meaningful development takes place without land resources, yet gender inequalities concerning land allocation and distribution exist in most Sub-Saharan African countries, especially northern Ghana where the majority of the affected are women. This paper examined the effect of the customary land tenure system on landless women smallholder farmers and Agro-processors in West Mamprusi Municipality. Primary data from individuals and household heads, chiefs, and Tingban-dima (landowners), were gathered using semi-structured interviews, focus group discussions, and in-depth interviews. The secondary was also extensively reviewed as a complement to the primary data in the area of study. The study revealed significant gender disparities between men and women relative to land allocation and land access. Women's access to land was abysmal compared to that of men. The situation was also found to be aggravated by the dominant patriarchal relations which favor men relative to property ownership. only a handful of women had owned and had access to some lands but in most cases, such lands were reported to be poorer in quality, and lack proximity relative to complementary resources such as water. additionally, some lands in the hands of women came in with hefty royalties, thereby exacerbating their plight. The productive capacity of women in food production, agro-processing, vegetable production, and animal husbandry was found to be impeded by the land tenure system which limits their livelihood opportunities thereby widening the poverty gap between women and men. Nonetheless, women's access to land has seen a bit of improvement over the years, considering the recognition of women’s contribution to household income and the nutritive diet of children, but Indigenous traditional inheritance structures still limit the potential of women in this direction. The need to therefore advocate for a change in traditional land ownership and distribution by emphasizing on women’s rights and contribution to development. The constitution of Ghana allows for equal access to land irrespective of gender; this must therefore be advocated. This will address the gender gap in land and water resources to pave the way for women in agriculture, which will improve rural livelihoods, especially women of reproductive age.

Agricultural Terracing and Land Tenure in Late Medieval Southern Levant: The Case of Nahal Ein Karim, Jerusalem

ABSTRACT Recent research into agricultural terrace systems across the Jerusalem Highlands, has revealed a significant pattern: the majority of terraces were constructed within the past 700 years, during the Mamluk and Ottoman periods. The motivation for building terrace systems, a labour-intensive endeavour requiring significant long-term investment, appears to be associated with land management policies. This study set out to test this hypothesis, by focusing on the terrace system at Nahal (wadi) Ein-Karim, Jerusalem, and the adjacent site of Khirbet Beit-Mazmil. The study employed portable OSL (POSL) profiling of sediments and OSL dating of the terraces and other related features, alongside archival document analysis. A key element of this study was the examining and dating of plot fences, which serve as tangible representation of shifts in land tenure. The utilisation of POSL profiling facilitated comprehension of their sedimentation dynamics and aided in identifying the optimal sampling approach for OSL dating. The findings highlight a direct link between land endowment practices and terrace construction, particularly evident from the fourteenth century CE onwards. This interdisciplinary approach contributes to our understanding of agricultural terracing dynamics, shedding light on the intricate interplay between land tenure systems, socio-economic factors, and landscape modification practices in the Late-Medieval Southern-Levant.

Assessing the Sustainability of Donated Livestock Projects by Operation Wealth Creation to Smallholder Farmers in Mitooma Sub-County Mitooma District

This research assessed the long-term sustainability of Operation Wealth Creation (OWC)'s donated livestock projects for smallholder farmers in Mitooma Sub-County, Uganda. The study uses a mixed-methods approach, incorporating quantitative surveys and qualitative interviews, with smallholder farmers selected through stratified random sampling. A study using structured questionnaires found that only 15% of households receiving donated livestock enterprises still own them, and 85% abandoned them within 9 years, indicating a lack of sustainability in these enterprises. The sustainability of donated livestock enterprises for small-scale farmers is influenced by family size, household income, food security, profitability, awareness of enterprise management practices, perception, culture, education, land tenure system, and age. Results also established that donated livestock enterprises significantly affected households to sell or trade the products (e.g., milk, meat, eggs) (P=0.000), households’ ability to cope with economic shocks or emergencies (P=0.001) and improving access to credit or financial services (P=0.013) and least significant in providing household income (P=0.668). Furthermore, results established donated livestock enterprise were less significant in increasing food availability (P=0.146), improving access to nutritious food, generating income for food purchase (P=0.913), facilitating asset accumulation for food security (P=0.116) and providing alternative coping mechanisms during periods of food scarcity (P=0.351). The study suggests that donated livestock enterprises are not sustainable, as many smallholder farmers abandon them within five years, and recommends enabling input suppliers and providing subsidies for farmers.

Searching for Ways of Settling Land Conflicts by Peaceful Means in Cameroon: A Critical Analysis of the Peacemaking Role of the ‘Land Consultative Board’

The regulation of Land tenure systems is one of the main sources of conflicts in Africa and one of the continent’s most difficult realities to pin down. In its 1974 land reform, the Cameroonian legislature sought to strike a balance between traditional norms and modern instruments, between administrative, judicial and customary authorities, in order to establish an inclusive, democratic and peaceful system of land tenure. The establishment of the Land Consultative Board as the regulatory instrument the state planned to use in land matters was projected as the answer to this quest. While the original intention remains laudable - to enable the state, guarantor of the general interest to acquire a local instrument with the appropriate legitimacy and capable of ensuring the peaceful regulation of land tenure. It has to be said that, almost 50 years later, this ambition has not been achieved. The recurrence of land conflicts and the density of disputes reflect the inadequacy of the rules governing land tenure in Cameroon, depriving the board of any real regulatory authority. The central argument of this paper is that the legislator's ambition was not sincere because of the precedence of the administrative authority to the detriment of other actors. The choice of evaluating this working assumption through the theory of the instrumentation of public action is therefore essential. It makes it possible not only to determine the legislator's intention through textual and contextual analysis, but also to observe the interplay of actors around this regulatory instrument through an interdisciplinary approach. Between its structural inability to acquire real autonomy and the barely concealed desire to downgrade custom, its role has steadily diminished along with its influence, though without disappearing. It remains, however, the institutional relic where the philosophy of the “palaver tree,” supported by the practice of non-violence and democratic dialogue, can still survive, as well as the keystone of the entire land tenure system of the country. The analysis of the consultative Board’s peacemaking role through its instrumentation (or its instrumentalisation) opens up new perspectives for understanding the regulation of public action in our so-called Southern countries, especially for decision-makers, donors and any actor interested in the thorny issue of land tenure insecurity.

Those with constant property rights have perseverance: China’s land tenure reform promotes environment-friendly farming practices

Few studies have used large-scale household-level panel data to quantify the impact of land tenure reform on environment-friendly farming practices from a chemical fertiliser reduction perspective. This study attempts to fill this gap by exploring the relationship between land certification and farmers’ chemical fertiliser use. It employs nationally representative panel data from the Chinese Family Database and a propensity score matching and difference-in-difference approach. The results show that land certification significantly reduces the usage of chemical fertilisers, mainly by increasing long-term investment, promoting land renting, and inhibiting off-farm employment. This effect varies greatly between farmers with and without land certification experience before the new round of land certification, although no significant difference exists based on whether farmers have previous land adjustment experience. Furthermore, land certification also helps increase the probability of straw recycling and farm manure use. Accordingly, developing countries can combine land tenure reform with environment-friendly farming practices. Through large-scale land certification reforms, and the continuous enhancement of land tenure security, a solid foundation for a land tenure system for sustainable agricultural development can be established.

Assessing rural land use in contemporary China: Data compilation and methodology

In rural areas, land use decisions are not only shaped by economic considerations but also deeply influenced by cultural and social factors. The objective of this research is to examine the complex and diverse aspects of making decisions about how land is used in rural communities, specifically by investigating the influence of cultural and social elements. Using empirical data and rigorous analysis, this research examine how traditional practices, social norms, and community dynamics influence land use patterns. The research topic focuses on the need to have a thorough understanding of the fundamental elements that affect land use choices in rural regions, going beyond only economic incentives. This research objective is to address a significant vacuum in the current literature by examining the cultural and social aspects of land usage. This research provides vital insights for policymakers and stakeholders engaged in land management and rural development projects. This research utilizes a mixed-methods approach, using qualitative interviews, participatory observations, and quantitative surveys to collect comprehensive data on the cultural and socioeconomic elements that impact land use choices. The research sample includes a wide range of rural areas, guaranteeing a thorough representation of various cultural settings and socioeconomic backgrounds. Our study reveals that cultural traditions, social networks, and power structures have a substantial impact on land use practices in rural regions. Traditional land tenure systems, community ownership arrangements, and customary land-use practices play a vital role in influencing land-use choices and resource distribution within communities. The significance of these results is substantial for policymakers, land managers, and rural development practitioners. Policymakers may create land use policies and actions that are more appropriate to the specific cultural and socioeconomic environment by understanding the complex relationship between these aspects. Furthermore, promoting community involvement and allowing local actors to participate in decision-making may result in land management results that are both more sustainable and fair.

Civic administrative centres in the northern and southern cities of Ghana: Assessing their state and locational distribution and the implications for urban growth and land demand

Land remains a vital resource for the growth of infrastructure and human populations; however, it is increasingly becoming a matter of necessity to manage the earth's limited land and natural resources sustainably. Employing a mixed-methods research approach and case-studying Cape Coast and Wa, this study assessed the state and locational distribution of civic administrative land uses in the northern and southern cities of Ghana and clinched its implications for urban growth and land demand. Following this, the study found that the Cape Coast is 48% developed land-use-wise, and land dedicated to civic and administrative purposes is 0.019 km2. Wa is 69% built-up, with 0.015 km2 allocated for civic purposes as of 2023. Also, the study found that the built environment and planning strategies pertaining to land optimisation relied heavily on governments’ policies, commitments, and support from the required agencies to formulate a comprehensive land use regime and land tenure system for fast-growing cities in Ghana. Therefore, the researchers suggest a proposed design of a model administrative centre that meets 21st century design requirements and standards for public offices should be envisioned, with strategies to initiate a new sustainable building regime for administrative centres in Ghana and similar geographies in sub-Saharan Africa.

Aboriginal Self‐determination, Land Rights, and Recognition in the Whitlam Era: Laying Groundwork for Power Sharing and Representation

The Whitlam Labor government (1972–75) is remembered for ushering in a new era in Indigenous affairs, with the move to “self‐determination”, abandoning the longstanding insistence on “assimilation”. The new government intended to deploy the Commonwealth's new legislative power established in the 1967 constitutional referendum to bring in a range of reforms, responding to consistent demands from Indigenous leaders, activists, and supporters through the previous decade. Whitlam's campaign speech promised anti‐discrimination legislation, provisions to allow Aboriginal communities to incorporate, and legislation of a system of land tenure. The government faced considerable political obstacles, ultimately curbing the ambitious reform agenda. Nevertheless, these initial efforts to conceptualise representation, recognition, and compensation laid important foundations for the current public debate about “Voice, Treaty, Truth”, following the Uluru Statement from the Heart. This paper explores self‐determination through the path‐breaking work of the Woodward Aboriginal Land Rights Commission and the establishment of well‐resourced land councils as authoritative and legitimate representatives of Aboriginal people in the Northern Territory. The Whitlam government's willingness to experiment with power‐sharing in the sensitive area of land ownership provided a valuable prototype for genuine engagement with First Nations people today, as Australia contemplates the failure of the constitutional referendum around a Voice to parliament.

Mapping drivers of land conversion among smallholders: A global systems perspective

CONTEXTAgriculture-driven land conversion poses a significant threat to global biodiversity conservation. Balancing agricultural expansion with conservation is a critical challenge for governments and development partners. Sustainability-oriented agriculture programs such as conservation agriculture and land intensification aim to reduce land conversion and deforestation; however, evidence of their effectiveness remains complex and elusive, especially regarding the role of smallholders. OBJECTIVEThis study addresses this knowledge gap by systematically mapping the drivers of smallholder land conversion and their interconnections across three focal biodiverse contexts including sub-Saharan Africa, Latin America, and Southeast Asia as well as from a global scale. METHODSUsing literature that focuses on the nexus of smallholder farmers and agricultural intensification, this study systematically identified the potential of distinct factors and dynamic processes to serve as system leverage points toward improved outcomes for biodiversity, food security, and smallholder livelihoods, using a combination of structural factor analysis, centrality analysis, and feedback loop analysis. RESULTS AND CONCLUSIONSThe results highlight the importance of strengthening land tenure systems, providing technical support to farmers, improving market access, and prioritizing smallholder livelihoods in mitigating land conversion. SIGNIFICANCEContextual differences emphasize the need for context-specific interventions and further research to explore factors driving land conversion more deeply within specific contextual boundaries. Future studies should map proposed policy interventions onto local systems driving land conversion and incorporate the diverse perspectives of local stakeholders to guide effective and sustainable agriculture interventions.

Legal Issues in Land Acquisition for Agricultural Production in Nigeria

Land is the nations’ most valuable asset, as it provides sustenance. Legally speaking, land tenure in Nigeria is a complicated web of connections between many organizations that establishes land ownership patterns in connection to various land uses. This study examined the legal issues in land acquisition for agricultural production in Nigeria. Secondary data sourced from books, journals, and the internet were used. Normative legal research techniques were adopted to discuss legal issues in land acquisition, while qualitative content analysis was used to ascertain the level of agricultural production in Nigeria, as well as the relationship between land acquisition and agricultural production in Nigeria. The study’s findings showed that Nigeria's land tenure system supports land partitioning (land fragmentation), which leads to scattered small-scale farming. Tenure rules stipulated in the Nigerian Land Use Act of 1978 hinder agricultural productivity in Nigeria. Additional relevant factors and challenges influencing Nigeria's agricultural production include land tenure insecurity, and political and bureaucratic bottlenecks in the acquisition of land rights for agricultural uses. To ensure improved agricultural productivity, the government should initiate and implement a new land tenure reform that will address the inherent challenges in the current land tenure system.

Land Tenure Policies and Property Rights Affecting Livestock Production in Bangladesh

Purpose: The aim of the study was to investigate land tenure policies and property rights affecting livestock production in Bangladesh. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The study revealed a significant influence of secure land tenure on livestock productivity, investment decisions, and sustainability. Secure property rights are consistently associated with higher levels of livestock productivity, increased investment in animal husbandry practices, and improved land management strategies among rural households. Moreover, tenure security facilitates long-term investments in livestock genetic improvement programs, leading to higher milk yields and improved household incomes among dairy farmers. Unique Contribution to Theory, Practice and Policy: Institutional Theory & Property Rights Theory may be used to anchor future studies on land tenure policies and property rights affecting livestock production in Bangladesh. Promote community-based natural resource management approaches that recognize customary land tenure systems. Empowering local communities to manage their grazing lands can enhance ecological sustainability, reduce conflicts, and improve livelihoods among pastoralist groups. Advocate for the legal recognition of customary land rights and indigenous knowledge systems in national land tenure policies. Acknowledging traditional tenure arrangements can strengthen tenure security, promote social equity, and enhance the resilience of livestock production systems.

Emergent neo-customary land tenure and non-indigene smallholders’ access to farmlands in peri-urban Ghana

Land dispossession within the emerging neo-customary land tenure system is not a novel phenomenon in sub-Saharan Africa (SSA). However, the landholding systems across SSA are as diverse as the societies themselves. In Ghana, research on peri-urban land dispossession primarily focuses on centralized areas and indigene landholders, neglecting acephalous and non-indigene smallholders. This gap in knowledge hinders our understanding of how neo-customary land tenure affects land access for non-indigenous smallholder farmers. This paper examines how non-indigene smallholders navigate neo-customary land tenure in peri-urban Wa, Ghana. The study employed a qualitative research design, conducting in-depth interviews and focus group discussions with 56 participants. The findings reveal that large-scale appropriation, covert land sales, and speculation are the primary drivers of land dispossession. The previously unconditional access to land for non-indigene smallholders, based on perpetual usufructuary interest, has also become temporary and conditional on their acceptance of roles as caretaker farmers or sharecroppers. The resulting dispossession and its consequences, such as inadequate subsistence food production, have led to socially undesirable outcomes. The study recommends that the Municipal Assembly and civil society organizations utilize Ghana's Land Act (Act 1036) to advocate for and safeguard the usufructuary interest of non-indigene individuals in land tenure.

The Politics of Land and Belonging in North Pakistan

Pakistan’s mountainous north borders China. Deepening bilateral ties, together with increasing investments from within Pakistan, have amplified local anxiety over loss of control over resources. A complicated history left the area with multiple land tenure systems. Much of this region, today known as Gilgit-Baltistan, is disputed with India. Consequently, it has a constitutionally liminal status and its people do not enjoy equal citizenship rights. With the construction of the China–Pakistan Economic Corridor, a major part of the global Belt and Road Initiative, Chinese influence has been entangled in local histories and political economies.

Agriculture-driven deforestation in Ecuador's Mache-Chindul Ecological Reserve: The farmers' perspective

Tropical rainforests serve as invaluable global carbon stocks with long-term climate mitigation potential and important ecosystem functions and biodiversity. Recent scholarship has identified agriculture as the main driver of tropical rainforest deforestation worldwide, yet effective policy action needs to understand why farmers continue to clear land, beyond broad-brush attributions of blame. This study highlights the constellation of social forces that drive deforestation in a subsection of the Mache Chindul Ecological Reserve (REMACH) in northwest Ecuador. Rather than simply assuming that farmers are either indifferent to or ignorant of the effects of deforestation, we highlight the perspective of farmers themselves as they reflect on, both, their relationship with other key actors and the broader contextual factors informing their own land-use decisions. We surveyed 70 rural households using a 45-question data collection tool, conducted semi-structured interviews with key stakeholders such as local conservation practitioners and community elders, employed participant observation and reviewed government documents.We find that colonist farmers who live in and around the REMACH clear land because they view doing so as their most reliable means of securing a livelihood for themselves and their children in a context of political and economic hardship and uncertainty. A history of government incentives to clear land, a deeply ambiguous land tenure system, and a sudden influx of externally-funded conservation NGOs to the region have all contributed to exclude farmers from the decision-making process, while simultaneously exacerbating the conditions that make deforestation farmers' most practical option—despite their awareness of its environmental impact. The data underscore that locals are, in fact, highly invested in the idea of conserving a healthy environment for future generations, but are nonetheless driven to act against this interest by their own precarity. By helping governmental and non-governmental conservation practitioners better understand farmers’ land-use decisions, the study reframes the latter group not as the problem, but as vital future partners.