Understanding Land Tenure Law contains a commentary on land tenure law in South Africa together with the 3 key pieces ot legislation: the Labour Tenants Act, the Extension ol Security ol Tenure Act and the Prevention ol Illegal Eviction Act. The text explains key definitions in the law and provides useful, practical guidelines on land rights deputes to government, legal practitioners, paralegals and NGOs in the land sector. The relevant case law is explained in an accessible, non-legalistic manner. Understanding Land Tenure Law also sets out the nature and scope ol legal protection available to occupiers of land and labour tenants, with a section on access to the courts, including the Land Claims Court.
This publication deals with key issues in land tenure, especially as they relate to food insecurity and rural development situations. Land tenure issues are frequently ignored in rural development interventions, with often long-lasting, negative results. This guide is designed to assist technical officers in governments and civil society in understanding why and how land tenure issues should be considered in rural development projects. It analyses important contexts such as environmental degradation, gender discrimination, and conflicts, where land tenure is currently of critical concern.
This book gives a brief account of the background to the dual land tenure system in force in Sierra Leone and explains the reasons why the dualism derived from the different colonial experience of the former Colony and Protectorate of Sierra Leone still persists almost fifty years after the two entities were merged to form a unitary State of Sierra Leone. The book gives an account, for the benefit of both law students and legal practitioners, of the main features of the English derived land law in the Western Area and of the forms of land holding in the Provinces which are governed predominately by customary law. The book also highlights the practical problems that legal practitioners may be confronted with in advising clients wanting to enter into transactions involving land in Sierra Leone and in drafting legal documents for the creation or transfer of interests in land in different parts of the country. By giving an account of developments relating to policy initiatives and by laying bare the achievements and shortcomings of land tenure reform to date, the book aims to stimulate debate on current proposals for reform not only among law students and practitioners of the law but also among policy makers and members of the wider non-legal community It offers a brief but constructive criticism of the dual land tenure system and offers some proposals for reform of the system changes in the light of stated policies.
Across Africa land is being commodified: private ownership is replacing communal and customary tenure; Farms are turned into collateral for rural credit markets. Law reform is at the heart of this revolution. The Politics of Land Reform in Africa casts a critical spotlight on this profound change in African land economy. The book illuminates the key role of legislators, legal consultants and academics in tenure reform. These players exert their influence by translating the economic and regulatory interests of the World Bank, civil society groups and commercial lenders in to questions of law. Drawing on political economy and actor-network theory The Politics of Land Reform in Africa is an indispensable contribution to the study of agrarian change in developing countries.
This book brings together a broad range of research that interrogates how real estate market analysis, finance, planning, and investment for residential and commercial developments across the African continent are undertaken. In the past two decades, African real estate markets have rapidly matured, creating the conditions for new investment opportunities which has increased the demand for a deeper understanding of the commercial and residential markets across the continent. The chapters consider issues that pertain to formal real estate markets and the critical relationship between formal and informal property markets on the continent. With contributing authors from South Africa, Ghana, Nigeria, Uganda, Kenya, and Tanzania, the book considers the achievements of African real estate markets while also highlighting the complex central themes such as underdeveloped land tenure arrangements, the availability of finance in both the commercial and residential sectors, rapidly growing urban areas, and inadequate professional skills. This book is essential reading for students in real estate, land management, planning, finance, development, and economics programs who need to understand the nuances of markets in the African context. Investors and policy makers will learn a lot reading this book too.
In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
Accompanying DVD-ROM contains ... "current and historical legislation affecting communal land and affidavits by rural applicants, state officials and traditional leaders in pending litigation concerning land rights and chiefly power"--Page 4 of cover.
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.
