There are many well-funded initiatives underway at present to register land rights held under customary tenure. Besides the economic benefits proposed by de Soto and others, drawing from land titling theory (which is somewhat controversial especially in southern Africa), why would customary communities want to engage in registration of their land rights?
Just registering customary land rights may not provide much security cover without titling. this is because in most of the states or the nations registration is mere registration of deeds/documents but not title anyway. Under presumptive land titling, registration is a tool for revenue collection. But registration automated with titling may increase security of the members. Therefore, the customary property rights will have to be codified, recorded and well defined further. All the names of the members, heirs, or inheritors under registration may increase sense of security and better land planning by the members of the community. It may further help the land administration agency develop better land use plan. the land/property may be used as collateral....an many more...after all, it is transparency, accountability and efficiency....all essential.
It may may establish a right of compensation for lost use rights when third parties (mining companies, public authorities) legally claim the land for mining, reservoirs or town expansion.
The "customary" could benefit from specification in the question and beyond.
Article The living commons of West Tyrol, Austria: Lessons for land ...
Chapter Of pastures and tourism. A comparison of Tyrolean and Namibi...
Thanks for up-vote. Another real-world benefit (not only perceived) is evidence to challenge illegal enclosure (fencing) of portions of communal pastures for individual use. The latter is wide-spread in Namibia and Botswana.
I agree with the previous responders, Simon. Prevention of land disputes between rival claimants under customary tenure is a major benefit of registration. For example, much warfare (tribal fighting) in Papua New Guinea has been on account of contested claims over land.
I'm interested in your statement that there are many "well-funded initiatives" underway in your country. This suggests that third parties are circling and one must question their motives. Creation of tradable instruments of tenure places upon title holders the temptation to sell to third parties for profit, potentially in tension with their obligations to their community. Land that can be monetised can be taken away from the community along with the raw materials that it is capable of producing. This is not necessarily in the interest of the local community; and if the third party is a foreign corporation, it is not necessarily in the interest of the nation overall.
Hernan de Soto's argument that the inability to mortgage land prevents customary title holders from obtaining credit and therefore developing their economy is valid. However, I think he underestimated the importance of the rule of law as the foundation of stable land titles and of economic activity generally. Registration and titling without strong institutions of law (an honest government, an honest titles office, an honest judicial system and affordable access to legal services) will just lead to expropriation, thieving and corruption. Customary tenure in Papua New Guinea guarantees that every person, no matter how destitute in the city, can return to their village, their land, grow bananas and avoid starvation.
There is no magic shortcut that leads from registration to economic prosperity for the community. The Russian experience demonstrates clearly that honest public institutions based upon the rule of law are essential for a country's development. Build them first, and then land registration will be seen as just one of the public institutions in the network.
I thank Mr. Simon for this question. Glad to read the answers from two other experts, Mr. Hein and Mr. Geoff. Land governance should be an agenda in priority in which registration of property is key. Its focus will definitely lead efficiency and accountability in other sectors. we had very good experience in India where computerization of land records in states like Karnataka and Gujarat has lead efficiency in other service delivery. However, due to lack of cadastral survey in north eastern states of the country there is problem in land use planning, practices and development. Unfortunately, many tribal and indigenous communities lack proper cadastral survey, registration of their property, and also lack updated land records. this may possibly lead to land alienation....
- Badges
- Science topic
- Similar topics
- Correction