scholarly journals Recent Developments in Land Use Laws

Author(s):  
E. F. Roberts

When talking about the ownership of land, one deals with property law. Property law is concerned with questions such as how you describe a boundary, what's the scope of a particular easement, and does a mechanic's lien gain priority over an unrecorded mortgage? There are rules here which haven't changed much since Blackstone wrote them down. Thus law can be a set of rules that resemble the axioms of geometry and, often enough, the image of the lawyer as pettifogging nitpicker is an apt one.

1989 ◽  
Vol 33 (1) ◽  
pp. 19-30
Author(s):  
P. E. Oshio

The Land Use Act, 1978 (hereinafter referred to, where the context admits, as “the Act”) introduced a uniform State ownership of land otherwise known as the Rights of Occupancy System in Nigeria. Section 1 of the Act vests all land within the territory of each State in the Federation in the Governor of the State to hold upon trust for the use and common benefit of all Nigerians. Section 5 empowers the Governor in respect of land whether or not in an urban area to grant a Statutory Right of Occupancy to any person for all purposes, while Section 6 empowers the Local Government, where appropriate, in respect of land in a non-urban area to grant a Customary Right of Occupancy to any person. By Sections 34 and 36 former owners of land become deemed holders of rights of occupancy into which their former ownership rights have been transformed by operation of law.The Act continues to attract comments from learned writers as to its effect on various aspects of property law. However, it would appear that not many writers have focused particularly on the effect of the Act on the law of mortgages. This is not to say that the subject is not important, nor that the Act has not significantly affected the law and practice of mortgages. The object of this article is to fill this vacuum.


1978 ◽  
Vol 5 (3) ◽  
pp. 334-339
Author(s):  
Brian E. Sullivan

The transit system serving Greater Vancouver has high ridership and a high rate of growth. Using as a base the well-designed, well-patronized trolleybus grid in the City of Vancouver, an inter-connected suburban bus network has been created, with radial, cross-radial, and local routes meeting on a timed connection basis at suburban shopping centres and other foci. Planners' thoughts for the future include greater emphasis on the micro and macro aspects of land use and relations to transit; the use of capital intensive modes for heavy trunk routes; and the use of various forms of para-transit for low-density and certain feeder applications.


2020 ◽  
Author(s):  
Inge Jonckheere ◽  
Esther Mertens

<p>Under the COP Paris Agreement, countries need to prepare their GHG inventories with emissions by source and removals by sinks. In order to meet the UNFCCC quality standards, those inventories should be transparent, accurate, comparable, consistent and complete. For the LULUCF sector, emissions are a result from a change in one of the five IPCC carbon pools (e.g. aboveground biomass, etc.). The change in the carbon stock is not easily directly measured, but usually estimated using proxies of land area and area change and the average carbon stocks in the area. Countries encounter several challenges when collecting forestry and land use data information on land related to the inherent complexity of the measurement and monitoring of LULUCF sector and limited by their institutional arrangements. The REDD+ program of the United Nations has a long history of supporting developing countries on setting up the forest (and land use) monitoring system which has supported several countries to produce regular data and make it publicly available, even using web-geoportals. In this paper, we list the challenges of forestry and land data collection and demonstrate the potential leading role of REDD+ countries in the context of reporting regular GHG estimates for the LULUCF sector and the preparation of GHG baselines for the NDC progress reporting under the Paris Agreement, also in light with the recent developments in the COP25.</p><p>Key terms: Institutional arrangements, institutional memory, data management systems, legal instruments, sustainability, national forest monitoring system, LULUCF reporting, regular monitoring of land use data, preparation of land use change data. Data portals for increased transparency and stakeholder involvement. Targeted finance for data measurements at different agencies involved in the GHG inventory</p>


1992 ◽  
Vol 68 (2) ◽  
pp. 139 ◽  
Author(s):  
Zhang Wenfang ◽  
Jack Makeham

Notaire ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 217
Author(s):  
Nailu Vina Amalia

The deed of the purchase and sale agreement (PPJB). The deed of the sale and purchase agreement is a preliminary agreement prior to the sale and purchase of land. PPJB is used only once. If what is agreed in the PPJB has been fulfilled then the signing of the sale and purchase deed can be carried out, by signing the sale and purchase deed, the ownership of land rights has been transferred. There are still many people who think that when the PPJB is signed, there will be a transfer of land rights, even though the PPJB is not an evidence of a transfer of land rights. This thesis discusses graded PPJB or recurring PPJB made by a Notary on a plot of land based on ownership rights over land use rights of former customary land based on the quotation of the Decree of the Governor of East Java Region Serial Number I/Agr/117 XI/HM/01.G/1970 issued November 4, 1970, or uncertified land. Whether it contradicts the concept of buying and selling in agrarian law and the legal consequences of the PPAT who made the sale and purchase deed based on the graded PPJB.Keywords: Graded PPJB; Recurring PPJB: Proof of Prior Rights.Akta Perjanjian Pengikatan Jual Beli (akta PPJB). Akta PPJB merupakan perjanjian pendahuluan sebelum diadakannya jual beli tanah. Akta PPJB digunakan untuk sekali saja, namun prakteknya masih ditemukan Akta PPJB bertingkat. Masih banyak masyarakat yang menganggap apabila sudah ada akta PPJB sudah ada peralihan hak atas tanah, padahal akta PPJB bukan bukti adanya peralihan hak atas tanah. Akta Jual Beli (AJB) yang merupakan bukti adanya peralihan hak atas tanah. AJB dibuat apabila syarat-syarat yang ada dalam akta PPJB sudah terpenuhi. Dalam tesis ini membahas tentang akta PPJB bertingkat atau akta PPJB berulang yang dibuat oleh Notaris atas sebidang tanah berdasarkan Hak Milik atas tanah Hak Pakai bekas Gogolan tidak tetap berdasarkan Kutipan Surat Keputusan Gubernur Kepala Daerah Tingkat I Jawa Timur Nomor I/Agr/117/XI/HM/01.G/1970 tertanggal 4 Nopember tahun 1970 atau tanah yang belum bersertipikat apakah akta PPJB bertingkat tersebut bertentangan dengan konsep jual beli dalam hukum tanah dan akibat hukum dari Pejabat Pembuat Akta Tanah (PPAT) membuat AJB berdasarkan akta PPJB bertingkat.Kata Kunci: PPJB Bertingkat; PPJB Berulang; Bukti Hak Lama.


Author(s):  
Robert Abbey ◽  
Mark Richards

Property Law is a companion that guides through the intricacies of the conveyancing process. Drawing on practical experience of legal practice, with a residential and a commercial conveyancing focus, the volume offers explanations of often complex processes. The title contains practical guidance on how to approach each stage of a conveyancing transaction in practice. This edition has been fully updated with recent developments in the law, including discussion of ‘Help to buy’ shared ownership schemes, coverage of the Land Transaction Tax, and updated tax rates and chargeable amounts for enveloped dwellings.


Urban Studies ◽  
2017 ◽  
Vol 55 (14) ◽  
pp. 3059-3075 ◽  
Author(s):  
Donald Leffers

This paper investigates the role of real estate developers in shaping land use legislation, land use planning and property law. The conceptual framework draws on third-phase institutionalism and socio-legal theory to examine actors and ideas that influence knowledge and practices of land use, planning and property. This paper confronts absences in planning theory that overlook the role of real estate developers in disputes over land, especially their role in shaping the legislative framework governing land use. The argument is that property law is not simply an objective system of rules interpreted by lawyers, judges and the courts. Neither is it a singular concept protecting private property rights. Rather, it is a complex concept and institution that emerges in practice through political processes, such as social movements, the exercise of power and influence by elite actors, and strategic acts by political actors navigating diverse and competing agendas. The empirical evidence informing this argument derives from case study research of land conflicts on the Oak Ridges Moraine in the Toronto region, Canada, with particular attention given to the relationship between real estate developers, social movement actors, and politicians involved in resolving the conflict.


Author(s):  
Kehinde Hassan Babalola ◽  
Simon Antony Hull

The Land Use Act of 1978 (LUA) has failed to achieve some of its objectives. The rural poor and the vulnerable are those most affected. The failure is ascribed to problems inherent in the Act and poor implementation. This paper discusses the effect of the LUA on the customary ownership of land and its effect on the tenure security of the rural poor. Using a conceptual framework for guiding cadastral systems development, the critical areas of the LUA as pertains to tenure security are analysed for the degree of their success, sustainability, and significance. The framework looks at the underlying theory, the drivers of change, the change process, and the land administration system. A mixed methodology approach was adopted for the study, using a single case study. Three groups of respondents contributed to the study: land professionals, civil servants and students. The study found that securing title to land is difficult, compensation provisions need to be reviewed, formal land registration is not in the interest of the poor, land is not available at an affordable rate, land speculators are still active in Nigerian land markets, the composition of the two committees is inadequate, and the refusal to grant certificates to people below the age of 21 is age biased. It further revealed that the power granted to the governor is enormous and unnecessary. The findings showed that the LUA is both effective in some areas and dysfunctional in others. This is because of the age of the Act and the lack of a pro-poor policy focus. Based on these findings recommendations were made, including that a new policy be enacted that includes pro-poor policies and customary laws. The LUA is found to be useful in urban areas, but not in solving land-related problems in rural areas. This study provides an understanding of the legal holding of land in Nigeria.


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