Title: Designing a pro poor land recordation system
Abstract: It is likely that less than 30 percent of most developing countries are covered by some form of land registration. That is, about 70 percent of people in developing countries are outside the register. To fill the gap UN-HABITAT’s Global Land Tool Network partners have been supporting the use of a continuum or range of land rights to make it possible for the majority of people including the poor, to have security of tenure. Adopting a range of rights -including group rights, overlapping rights, secondary rights and lesser forms of rights, meant that it is not possible to use a conventional land administration system, as it is based on unique land parcels. By accepting that delivering security of tenure for the majority of people involves a range of other non parcel based rights meant that a new type of land information system had to be developed, hence the development of the Social Tenure Domain Model (STDM). However, the continuum of land rights approach also meant that a new cut down form of a land recordation system would need to be developed to make it possible for these different types of rights to be recorded in land records that can in the long run be linked to existing deeds and/or title systems. This paper is a first attempt to outline a legally robust cut down affordable land recordation system, which is also one of the tools identified by the Global Land Tool Network as being in the critical path of pro poor land policy implementation. Land registration is both a complex and arcane subject matter. It is not possible to deal with all aspects of the proposed approach in this paper. Instead a general introduction will be given to the conceptual framework of such a cut down affordable land recordation system, identifying the key elements such as how it is proposed to deal with issues related to preventative justice, evidence generation and maintenance, notice and indexing (including spatial indexing). The paper will then go further in depth in regard to only two important issues namely firstly, the recording of multiple tenure rights on the same piece of land within a pro poor land recordation system. This will cover such issues as identification of the sticks in the bundle of rights and of different spatial units. Secondly the paper will discuss comanagement, where a number of tasks or functions linked to the land records are undertaken by the community to make it more affordable, relevant and useful to poor communities, which are normally dealt with by government offices or professionals. This will cover such issues as the role of communities in land governance, the creation of evidence over time, capacity building and dispute resolution.
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
Access and Citation
Cited By Count: 6
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