LAND DEVELOPMENT MANAGEMENT
TYPES OF LAND TENURE
TERM PAPER
Submitted by
N.KRISHNAPPRIYA
21236014
in partial fulfillment for the award of the degree
of
MASTERS OF PLANNING (M.PLAN)
in
SCHOOL OF ARCHITECTURE
HINDUSTAN COLLEGE OF TECHNOLOGY AND SCIENCE
CHENNAI 603 103
6.12.2021
TABLE OF CONTENTS
PREFACE
INTRODUCTION
LAND TENURE
TYPES OF LAND TENURE
LAND TENURE SYSTEMS IN SELECTED COUNTRIES
BANGLADESH
CHINA
CONCLUSION
PREFACE
Secure land and property rights for all are widely acknowledged as critical to poverty
reduction because they underpin economic development and social inclusion. People in
both urban and rural areas can invest in better houses and livelihoods because they have
secure land tenure and property rights. Despite the fact that many nations have entirely
reorganised their land-related legal and regulatory frameworks, attempting to integrate
modern statute law with customary law, millions of individuals around the world continue
to have insecure land tenure and property rights.
INTRODUCTION
• Achieving inclusive sustainable development that leaves no one behind and provides many
advantages, such as poverty reduction, food security, and gender equality, as well as
resolving forced migration and resource disputes, requires equal access to land and land
tenure stability.
•Agriculture and natural resources are estimated to provide a living for 2.5 billion rural
people. Land tenure security frequently equates to prolonged food security, improved
nutrition, and reliable sources of income in rural areas, because land is the backbone of
rural life. Secure land rights also allow for the use of land as a kind of collateral to get access
to other resources, such as credit markets. Furthermore, when tenure results in increased
land investment, agricultural output, and food security, it reduces economic migratory
incentives.
•Land degradation and climate change, combined with insecure land tenure, have the
potential to increase resource disputes. Good land governance can prevent disputes from
arising in the first place and ensure that resources are available when they are needed.
LAND TENURE
The link between humans, as individuals or groups, and land is referred to as land tenure. It
establishes the terms under which land can be occupied, held, or managed, as well as who
can do so and for how long.
•While all cultures have land tenure systems, each has its own set of regulations, and no
single governance system can be implemented worldwide. Tenure systems establish who
has the right to possess and utilise resources, for how long, and under what circumstances.
These regulations could be well-defined or unclear, making them vulnerable to
misinterpretation and manipulation. When a culture has both official and informal
institutions, tenure rules can overlap, causing confusion and instability. Gender, race, class,
and political affiliation can all affect land tenure.
TYPES OF LAND TENURE
• Different land tenure regimes have their own set of benefits and drawbacks. Traditional,
unwritten, and locally relevant rules about how to use and allocate land and resources
facilitate social cohesion, but they may not be able to withstand increasing pressure on land
and resources from both within and outside the community (compared with statutory
systems which provide written legal rules or written case law about these issues). Individual
land ownership may make land more economically effective, but it may also exclude
disadvantaged populations, such as the poor, and limit state land management alternatives.
Public (or state) land ownership may allow for the withholding of land for conservation or
public land management, as well as more equal access to prime places, but it may also
result in poor land use and management outcomes due to bureaucratic inertia and
corruption.
For inclusive and sustainable land governance, it is important that land systems are
evaluated holistically, to understand how and why decisions on land and natural resources
are made, implemented and enforced in both formal and informal settings.
Legal Pluralism
• Different land tenure regimes have their own set of benefits and drawbacks. Traditional,
unwritten, and locally relevant rules about how to use and allocate land and resources
facilitate social cohesion, but they may not be able to withstand increasing pressure on land
and resources from both within and outside the community (compared with statutory
systems which provide written legal rules or written case law about these issues). Individual
land ownership may make land more economically effective, but it may also exclude
disadvantaged populations, such as the poor, and limit state land management alternatives.
Public (or state) land ownership may allow for the withholding of land for conservation or
public land management, as well as more equal access to prime places, but it may also
result in poor land use and management outcomes due to bureaucratic inertia and
corruption.A Social group property may be more essential than de jure property in defining
who can be where, when, and doing what, depending on the circumstances. In a forest
environment where an indigenous system of customary law coexists with government
statutory law, legal pluralism may be especially pertinent to social forestry. Indigenous
tenure and management can be legitimised and strengthened through social forestry.
LAND TENURE SYSTEMS IN SELECTED COUNTRIES
BANGLADESH
A brief overview of the current tenure schemes Because property rights are maintained
through a variety of statutory and customary laws and regulations, Bangladesh's existing
tenure system is extensive and intricate. Several tenure systems exist, each with its own set
of advantages and disadvantages. The term "individual" freehold refers to ownership that
lasts indefinitely. The so-called "delayed freehold" is a type of conditional ownership in
which the title is only awarded after all payments have been made or after all projects have
been finished and confirmed. The term "registered leasehold" refers to the right to hold or
use property for a set period of time at a set price without transferring ownership. on the
basis of a tenancy agreement Cooperative ownership refers to when a co-operative or group
owns a business and its members are co-owners. Private or public rental arrangements, in
addition to registered leasehold, are possible, allowing for the leasing of privately owned
land or the rented occupation of publicly owned land or houses. Shared equity is a hybrid of
delayed freehold and rental arrangements in which residents buy a portion of their property
(usually 50%) and pay rent to the other partner on the remaining portion.
Status of Tenure Security
Tenure insecurity is widespread in Bangladesh as a result of a number of interconnected
reasons, the most prominent of which being the vast number of informal settlements, from
which forcible evictions are common. Tenure in the community belongs to a collective or
group. Land resources belonging to Islamic communities are governed by Islamic religious
tenure rules, and land cannot be sold or rented. Informal tenure, such as squatting, plays an
essential role in metropolitan settings. Public and state tenure exist in addition to private
tenure, and land is owned by the federal government or municipalities.
CHINA
A brief overview of tenure systems Since the creation of a socialist administration in 1949,
the People's Republic of China has steadily evolved its current land tenure structure. In
China, the Constitution establishes a dual land ownership structure. In metropolitan areas,
state land ownership predominates, whereas land in rural and suburban areas is primarily
collectively owned, thanks to a succession of Collectivization efforts in the 1950s. There is
no private land ownership, and land ownership can only be transferred through the state's
requisition of collectively owned land. Property rights on state land are more clearly defined
within the constraints specified; they can be sold, exchanged, and mortgaged. Rural
common land is a major source of tenure insecurity, whereas the state land market is fully
operating.
Status of tenure security
State-owned land in cities is extremely safe, as it is based on a fully functional and up-to-
date cadastre system. Due to limited and ambiguous property rights, communal rural land
tenure has become increasingly unstable as a result of growing urbanisation and urban
sprawl onto historically agricultural territories. Citizens in rural areas are rarely involved in
land-related decisions. The state has the power to seize collective land for public use, and
evictions with little compensation are prevalent, causing tensions and worries among a
developing civil society. n general, problems of tenure security in China are related to: a)
problems with access to land due to land fragmentation after the individualization of
collective lands since 1980 and slow leasehold and sale market development under existing
legal provisions; b) problems in land requisitions for urban development, in particular a lack
of transparency and accountability, and corruption; c) problems through insufficient
participation in decision making in these processes, and d) problems with land
administration, mainly related to corruption.
CONCLUSION
State-owned land in cities is extremely safe, as it is based on a fully functional and up-to-
date cadastre system. Due to limited and ambiguous property rights, communal rural land
tenure has become increasingly unstable as a result of growing urbanisation and urban
sprawl onto historically agricultural territories. Citizens in rural areas are rarely involved in
land-related decisions. The state has the power to seize collective land for public use, and
evictions with little compensation are prevalent, causing tensions and worries among a
developing civil society. More recently, the development community has also examined
ways to expand secure land tenure and property rights .this is done by supporting efforts to
recognize and respect customary rights to use, manage and allocate rights to land and
resources as a means to contribute to both economic growth and sustainable natural
resource management.
