Access to Land & Tenure Security

Land tenure is the relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land. (For convenience, "land" is used here to include other natural resources such as water and trees.) Land tenure is an institution, i.e., rules invented by societies to regulate behaviour. Rules of tenure define how property rights to land are to be allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. In simple terms, land tenure systems determine who can use what resources for how long, and under what conditions.

Land tenure is an important part of social, political and economic structures. It is multi-dimensional, bringing into play social, technical, economic, institutional, legal and political aspects that are often ignored but must be taken into account. Land tenure relationships may be well-defined and enforceable in a formal court of law or through customary structures in a community. Alternatively, they may be relatively poorly defined with ambiguities open to exploitation.

Source: GLTN

 

Africa

By Frank Pichel, Interim CEO & Chief Programs Officer, Cadasta Foundation

Across the continent, insecure rights to land are robbing millions of financial stability and long-term prosperity. While new technology is giving people the tools to define what’s theirs, governments must recognize that certainty of ownership is a prerequisite of sustainable development.

Manuals & Guidelines
June 2010
South Africa

[XHOSA} Umhlaba wesisa kamasipala lusiphathela ithuba elilodwa lophuhliso lwamaphandle nohlaziyo kwezemihlaba nezolimo. Umthetho usixelela ukuba umhlaba wesisa kamasipala kufuneka ube negalelo kuhlaziyo kwezemihlaba apho uthi wenziwe ufumaneke ukuze usetyenziselwe ulimo ngabo babesakuya bengavumelekanga kwixa langaphambili ukuba

bafumane imihlaba yeziza zikamasipala. Abahlali basezidolophini abahluphekileyo nabanqwenela

ukuzibandakanya kwiinkuthalo zolimo kufuneka ngoko bacebe ukwenza amabango okufumana umhlaba wesisa kamasipala.

[ENG] 

Manuals & Guidelines
June 2010
South Africa

[AFR] Munisipale meentgrond skep ’n unieke geleentheid vir landelike ontwikkeling en grond- en agrariese hervorming. Wetgewing bepaal dat munisipale meentgrond moet bydra tot grondhervorming. Meente moet beskikbaar gemaak word vir landboudoeleindes vir diegene wat voorheen toegang tot die soort grond ontsê is. Arm dorpsinwoners wat wil deelneem aan landbou, moet saamspan om toegang tot munisipale meentgrond op te eis.

Manuals & Guidelines
October 2017
South Africa

Municipal commonage, used as a common resource for communities, poses a unique opportunity for rural development and land and agrarian reform. The law says that municipal commonage must be used to contribute towards land reform. It must be made available for agricultural purposes to those who were previously excluded from accessing commonages.

Poor town residents who want to engage in agricultural activities must therefore organise to demand access to municipal commonage. This booklet will help you to understand the law, access commonage and use commonage. 

National Policies
March 2015
Uganda

The Uganda National Land Policy (NLP) Implementation Action Plan is a deliberate resolution by the Government of Uganda to address major challenges that have hindered the implementation of land reforms, thereby impeding the optimal utilisation of land for socio-economic development and transformation. Although successive post-independence governments have made numerous efforts to streamline land governance and reconfigure the role of land in national development, the majority of these efforts have failed to address underlying issues and have thus remained unimplemented to date.

Manuals & Guidelines
July 2017
South Africa

This is a user-friendly guide that explains the rights of farm dwellers and the law in relation to evictions from farmland. It gives advice on how farm dwellers can navigate the legal processes involved in eviction proceedings and practically resist evictions. It is a resource for farm dwellers facing eviction from their homes, as well as for farm worker unions, community-based paralegals and lawyers. The guide was developed by SERI and the Commercial Stevedoring Agricultural and Allied Workers Union (CSAAWU).

Legislation
July 2017
Uganda

Compulsory acquisition is the power of government to acquire private rights in land for a public purpose, without the willing consent of its owner or occupant. This power is known by a variety of names depending on a country’s legal traditions, including eminent domain, expropriation, takings  and  compulsory purchase.

Reports & Research
March 2017
Mozambique
Uganda
Ghana
Senegal

Access to land is at the heart of rural livelihoods. In sub-Saharan Africa, the pace and scale at which land is changing hands are increasing fast. Understanding these changes in land access is crucial if the systems of land governance, the practices of companies and organisations, and the initiatives seeking to influence rural development, are to adapt and have a positive impact.

Reports & Research
June 2015
Uganda

The constitution and enabling legislation in Uganda, as in many other countries, empower the government to acquire land in the public interest. Under Ugandan law a person whose land is identified for a public purpose must be compensated fairly, promptly, and prior to the acquisition of the property.

Policy Papers & Briefs
January 2017
Uganda

The ways in which people obtain land in Uganda are changing fast. Land that used to be secured through inheritance, gifts or proof of long-term occupancy is now more commonly changing hands in the market. Those with wealth and powerful connections are frequently able to override local rules and gain access to land at the expense of poorer individuals. Government-backed agribusiness investors receive large areas of land with benefits for some local farmers who are able to participate in the schemes, while other smallholders see their land access and livelihoods degraded.