A Sociolegal Analysis of Formal Land Tenure Systems
A Sociolegal Analysis of Formal Land Tenure Systems

Author: Bernardo Ribeiro de Almeida

Publisher: Routledge

Published: 2022-03-24

Total Pages: 219

ISBN-13: 1000563405

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This sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement. Land tenure issues in Timor-Leste are complex and deeply shaped by the nation’s history. Taking an insider’s perspective based on the author’s experience in Timorese state administration, and through the investigation of five analytical themes –political environment, lawmaking, legal framework, institutional framework, and social relationships and practices– this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems. The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.

Land Tenure in Oceania
Land Tenure in Oceania

Author: Henry Peder Lundsgaarde

Publisher: University of Hawaii Press

Published: 2019-09-30

Total Pages: 300

ISBN-13: 0824883721

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Discussions of land tenure in social anthropology have usually been deeply embedded in broader empirical and theoretical explanations of social, economic, legal, and political institutions. In this volume the editors have sought to correct the emphasis of previous studies by focusing our attention directly on land tenure in Oceania, without, it must be added, losing sight of the connections between land tenure principles and general social structure. The editors have deliberately looked for similarities by analyzing each tenure system from the same analytical and conceptual perspective. Chapters 1 and 9 specifically discuss the methodological and theoretical framework that evolved in the course of analyzing the seven tenure systems described in chapters 2 through 8. The difficulties and problems encountered by the contributors in presenting their data in comparable form is reflected by the more than three years of analysis, writing, editing, and rewriting necessary to complete this volume. The seven substantive ethnographic chapters illustrate the range and diversity in the land tenure practices which are found within the vast culture area of Oceania. The similarities in basic tenure principles between all seven systems seem all the more remarkable in light of the varied geographical and cultural settings of the seven societies. In all of these societies we find a complete absence of fee simple ownership and a corresponding presence of entailed family estates. The ethnography reveals tenure principles that detail an impressive number and variety of separate categories of property. Each category, in turn, includes an even greater number of rights and duties that symbolize different forms of proprietorship. The differential allocation of these rights and duties among persons and groups represents the exact point of connection between land tenure and social structure. For example, kinship principles that specify the distribution of authority within age, sex, descent, and status categories converge on such tenure principles as land use, land distribution, succession, and inheritance. Principles of political organization concerning the relative scaling of authority and power within the society have clear parallels in the land tenure system, where corporate and individual tenure privileges are differentiated. Economic principles subtly merge with land tenure principles in social domains, where land as a resource and land as a value intersect.

Land Ownership and Land Use Development
Land Ownership and Land Use Development

Author: Erwin Hepperle

Publisher: vdf Hochschulverlag AG

Published: 2017-01-10

Total Pages: 371

ISBN-13: 3728138037

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Across Europe, land is constantly the subject of enormous and widely varied pressures. The land we have is shrinking in area due to numerous reasons, including those that are directly related to climate change and migration. In fact all disciplines that have responsibilities for the husbandry use, management, and administration of the land are forced to address the problems of how to plan and how to utilise this increasingly valuable resource. The papers contained within this book emerge from two symposia held in 2014 and 2015, which now have been arranged along four general themes reflecting the multi-disciplinary nature of the disciplines concerned with land. The first part is dedicated to the interpretation of key terms in their context and the dissimilar conceptual approaches in the governance of different states. It is followed by papers that identify the process of decision-taking: how to organize and co-operate. One large section addresses the identification of land pattern changes and the reason for it. The papers in the final cluster deal with the general theme of strategies and measures used to steer future evolution in land policies. The publication addresses various needs that have to be balanced: the tasks of living space in the face of societal and demographic changes, infrastructure supply, challenges of an increasingly urbanised region, food production, ‘green energy’, natural hazards, habitats and cultural landscapes protection.

Valuing Land Tenure Rights
Valuing Land Tenure Rights

Author: Food and Agriculture Organization of the United Nations

Publisher: Food & Agriculture Org.

Published: 2018-10-05

Total Pages: 110

ISBN-13: 9251300690

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The Food and Agriculture Organization of the United Nations (FAO) has developed a series of Technical Guides to elaborate and provide more detailed guidance on thematic areas contained within the Guidelines. As part of this series, this Technical Guide covers the issues associated with the identification and valuation of tenure rights for different purposes, and provides guidance on how to ensure that valuations are undertaken in a fair, reliable and transparent manner that comply with internati onal norms. It explains why valuations are important, where and when they should be used, and by whom. It is not intended to be a valuation textbook;, instead it seeks to raise the level of awareness of valuation issues and procedures among those involved in land policy and administration and those affected by land tenure decisions. Though this Technical Guide focuses on land, it provides useful guidance that may be applied to fisheries, forests and other natural resources. It is directed prim arily towards developing countries and countries in transition where there is less awareness of the valuation profession and institutions. Legitimate tenure rights involving customary or informal tenure systems may be less clear and not formalized by law or regulations.