This study relates to an on-going debate as to whether customary African land tenure must be reformed or converted to a statutory, individualised land tenure system (often referred to as a ‘titled’ system) as a pre-requisite to agricultural development. Past arguments in favour of titling claim that traditional tenure is insecure for the small farmer and thus creates disincentives for land improvements; that it prevents land from being used as collateral for credit; and that it prevents the transfer of land from inefficient users to efficient ones.
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.