1. Land acquisition, control, and transfer are among the most critical development issues.
Define land tenure according to the UN-HABITAT 2004, and state and explain the types of
land tenure systems across the globe.
Definition of Land Tenure (UN-HABITAT 2004):
Land tenure refers to the relationship, whether legally or customarily defined, among
people, as individuals or groups, with respect to land. It defines the conditions under
which land is held, used, and transacted.
Types of Land Tenure Systems:
1. Freehold Tenure: Permanent and absolute ownership of land with the right to use it
in any manner, subject to local laws.
2. Leasehold Tenure: Ownership of land for a fixed period under a lease contract,
after which the land reverts back to the lessor.
3. Customary Tenure: Land rights governed by customary laws, typically prevalent in
indigenous and rural communities.
4. Public Tenure: Land owned by the government or state, used for public purposes or
allocated for private use under specific conditions.
5. Collective Tenure: Land owned and managed by a group or community, with rights
shared among members.
2. In a tabular form, outline the land productivity effects, gaps, and recommendations
for effective land administration and management for each of the broad categories of land
tenure systems.
Land Tenure System Land Productivity Gaps Recommendations
Effects
Freehold High productivity due Inequitable Implement land
to secure ownership distribution reforms to ensure
Leasehold Variable productivity Short-term leases Offer long-term
depending on lease discourage leases to promote
terms investment sustainable use
Customary Sustainable Lack of formal Formalize land rights
practices aligned recognition to enhance security
with tradition
Public Often underutilized Bureaucratic Improve governance
or mismanaged inefficiencies and transparent
allocation
Collective Cooperative Potential for internal Strengthen
management can conflicts community
boost productivity governance
structures
3. The regulatory framework for land tenure, administration, land information
management, planning, and building consists of many elements. Provide a detailed
discussion on the components of the land regulatory framework.
Components of the Land Regulatory Framework:
1. Legal Framework: Legislation governing land rights, ownership, transfers, and
dispute resolution.
2. Institutional Framework: Agencies and bodies responsible for land administration,
management, and enforcement of land laws.
3. Land Information Systems: Databases and technologies for recording and
managing land-related information, including cadastral systems.
4. Planning and Zoning Regulations: Rules guiding land use, development, and
spatial planning to ensure orderly growth and sustainability.
5. Building Codes and Standards: Regulations for construction to ensure safety,
sustainability, and compliance with land use plans.
6. Financial Mechanisms: Systems for land valuation, taxation, and financing to
support land transactions and development.
7. Public Participation: Mechanisms for involving communities and stakeholders in
land-related decision-making processes.
4. Instruments relevant to sustainable land management can be categorized into
international and regional instruments. Describe the relevance to sustainable land
management of any five (5) instruments.
Five Instruments Relevant to Sustainable Land Management:
1. Agenda 21: A comprehensive plan of action for sustainable development,
emphasizing land use planning and management.
2. The Voluntary Guidelines on the Responsible Governance of Tenure (VGGT):
Framework for improving land tenure governance and ensuring sustainable land
use.
3. The Convention on Biological Diversity (CBD): Promotes sustainable land
management practices to preserve biodiversity.
4. The United Nations Convention to Combat Desertification (UNCCD): Focuses on
sustainable land management to prevent land degradation and desertification.
5. The African Union Framework and Guidelines on Land Policy in Africa: Regional
guidelines to promote equitable and sustainable land use practices in African
countries.
5. Define land administration and provide a classification of land administration
institutions at the national, regional, and international levels, and elucidate their roles and
responsibilities in land policy reforms and sustainable land management.
Definition of Land Administration:
Land administration involves the processes of recording, managing, and disseminating
information about the ownership, value, and use of land and its associated resources. It
encompasses the rules, policies, institutions, and technologies that govern land rights,
land use, and land development.
Classification of Land Administration Institutions:
1. National Level:
- Land Registry Offices:
- Role: Record and maintain data on land ownership, transfers, mortgages, and
leases.
- Responsibilities: Ensure accurate and up-to-date land records, provide legal
documentation of land rights.
- Survey Departments:
- Role: Conduct land surveys and mapping to define property boundaries.
- Responsibilities: Provide accurate geographic information and cadastral maps for
land administration.
- Ministries of Land:
- Role: Formulate and implement national land policies and regulations. -
Responsibilities: Develop legal frameworks for land tenure, oversee land use
planning, and enforce land laws.
2. Regional Level:
- Regional Land Commissions:
- Role: Coordinate land policy implementation and manage land issues at the
regional level.
- Responsibilities: Resolve inter-regional land disputes, adapt national policies to
local contexts, over-see regional land use planning.
- Provincial Land Departments:
- Role: Administer land matters within specific provinces or regions.
- Responsibilities: Manage land registration, local land use planning, and dispute
resolution within the province.
3. International Level:
- UN-HABITAT (United Nations Human Settlements Program):
- Role: Provide global guidelines and support for sustainable land management and
urban development.
- Responsibilities: Promote best practices in land administration, offer technical
assistance, and advocate for secure land tenure.
- FAO (Food and Agriculture Organization of the United Nations):
- Role: Support sustainable land management and tenure systems.
- Responsibilities: Provide technical guidance, research, and capacity-building for
land administration.
- World Bank:
- Role: Fund and advise on land administration projects and reforms.
- Responsibilities: Support land policy reforms, provide financial resources for land
administration projects, and promote best practices in land governance.
Roles and Responsibilities in Land Policy Reforms and Sustainable Land Management:
- National Institutions:
- Roles: Develop and enforce land policies, maintain land records, regulate land
use, and manage public land.
- Responsibilities: Ensure legal compliance, protect land rights, promote efficient
land markets, and support sustainable land use practices.
- Regional Institutions:
- Roles: Implement national land policies at the regional level, adapt policies to local
needs, and resolve regional land conflicts.
- Responsibilities: Coordinate regional land use planning, manage regional land
information systems, and engage with local stakeholders.
- International Institutions:
- Roles: Provide frameworks and guidelines for land policy, offer technical and
financial support, and promote international cooperation in land governance.
- Responsibilities: Advocate for secure land tenure, support capacity-building in land
administration, and facilitate knowledge exchange and best practices globally.
6. Conflict over land occupies the centre stage of the development policy debate,
especially in communities of land-use and resources. Understanding the causes of
such conflict is vital for land reform. Describe in detail the various causes of land
conflict.
- Causes of Land Conflict:
1. Historical Injustices: Disputes arising from colonial land grabs or historical inequities
in land distribution.
2. Ambiguous Land Rights: Conflicts due to unclear or overlapping land ownership
and tenure rights.
3. Resource Scarcity: Competition over limited land and natural resources, leading to
disputes.
4. Population Pressure: Increasing population density and urbanization causing land
shortages and conflicts.
5. Economic Inequality: Disparities in land ownership and access leading to social
tensions and disputes.
6. Legal and Institutional Weaknesses: Ineffective land governance and weak
enforcement of land laws.
7. Environmental Degradation: Land conflicts exacerbated by degradation,
desertification, and climate change impacts.