scholarly journals Land Tenure Systems and Agricultural Productivity in Gombe Nigeria

2019 ◽  
Vol 2 (1) ◽  
pp. 51-59
Author(s):  
Daniel Ibrahim Dabara ◽  
Omotoso Kabir Lawal ◽  
Augustina Chiwuzie ◽  
Olusegun Joseph Omotehinshe ◽  
John Oyekunle Soladoye
Keyword(s):  
Land Tenure ◽  
Developing Economies ◽  
Agricultural Productivity ◽  
Sampling Technique ◽  
Statistical Tool ◽  
Tenure System ◽  
Importance Index ◽  
Household Heads ◽  
Customary Land ◽  
Land Tenure Systems

The purpose of this study is to examine the existing land tenure systems in Gombe state Nigeria with a view to determining its impact on agricultural productivity in the study area. The targeted population for the study comprised of 7,832 households in purposively selected agrarian settlements cutting across the 3 senatorial districts in Gombe state Nigeria. The population was stratified into three zones and two locations were selected from each zone. The sample size for the study comprised of 500 households in each of the study locations. Hence, 500 questionnaires were administered on the household heads of the 6 study locations making a total of 3,000 questionnaires (representing 38.3% of the targeted population). However only 2,223 (74.1%) questionnaires were correctly filled and returned for analysis. The random sampling technique was adopted in the questionnaire administration. Descriptive statistical tools such as frequency counts, averages, weighted mean and percentages were used in analyzing the data obtained. The Relative Importance Index (RII) was used to identify and rank the variables. Inferential statistical tool such as multiple regressions were also used in analyzing the relationship between the criterion or dependent variable and the predictors or independent variables. The study revealed that customary land tenure system is the predominant type of tenure system (60.1%) practiced in the study area. Similarly, agricultural productivity in the study area was shown to be impeded by land tenure insecurity (RII, 0.933963), political/bureaucratic bottlenecks in land rights acquisition for agricultural purposes (0.846154) and tenure rules such as stipulated in the Nigerian Land Use Act of 1978 (RII, 0.65596) among others. The study also showed a strong positive relationship of 0.809 between land tenure systems and agricultural productivity in the study area. The study concluded that for better agricultural productivity in the study area in particular and similar developing economies in general, farmers need to have secured land tenure as this encourages investments in the secured land which consequently improves agricultural productivity.

scholarly journals When Tradition Meets Modernity in Land Registration: Evidence from Dagbon, Ghana

Land ◽  
2020 ◽  
Vol 9 (11) ◽  
pp. 416
Author(s):  
David Asante Edwin ◽  
Evam Kofi Glover ◽  
Edinam K. Glover
Keyword(s):  
Land Tenure ◽  
Research Question ◽  
Land Ownership ◽  
Registration System ◽  
Land Registration ◽  
Tenure System ◽  
Title Registration ◽  
Land Tenure System ◽  
Customary Land ◽  
And Control

Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.

scholarly journals The Legal Status of Customary Land Tenure Systems and the Protection of Communal Property in Cameroon

2018 ◽  
pp. 102-126
Author(s):  
Walters Nsoh
Keyword(s):  
Land Tenure ◽  
Legal Status ◽  
Sub Saharan Africa ◽  
African Countries ◽  
Post Colonial ◽  
Communal Property ◽  
Sub Saharan ◽  
Broad Interpretation ◽  
Customary Land ◽  
Land Tenure Systems

The ownership and utilisation of communal property are very much tied to the modern land tenure systems of most sub-Saharan African countries, which nevertheless still rely on the customary land tenure system to operate. But how exactly do the customary land tenure systems which remain operational in many parts of Africa fit into contemporary land ownership and use structures? Drawing on a broad interpretation of (African) customary land tenure and its elements, including its communal interest element, this chapter assesses the extent to which law and practice in Cameroon are developing and protecting communal property. Using developments in the protection of collective forest rights as an example, it demonstrates the continuous difficulty in reconciling Western land law principles on the ownership and use of communal property with customary land tenure systems in post-colonial sub-Saharan African societies, and the implications this may have for the wider rule of law in contemporary sub-Saharan Africa.

scholarly journals Towards Responsible Consolidation of Customary Lands: A Research Synthesis

Land ◽  
2019 ◽  
Vol 8 (11) ◽  
pp. 161 ◽  
Author(s):  
Kwabena Asiama ◽  
Rohan Bennett ◽  
Jaap Zevenbergen
Keyword(s):  
Land Tenure ◽  
Land Consolidation ◽  
Research Approach ◽  
Land Fragmentation ◽  
Land Administration ◽  
Tenure System ◽  
Food Productivity ◽  
Land Tenure System ◽  
Land Reallocation ◽  
Customary Land

The use of land consolidation on customary lands has been limited, though land fragmentation persists. Land fragmentation on customary lands has two main causes—the nature of the customary land tenure system, and the somewhat linked agricultural system. Since attempts to increase food productivity on customary lands have involved fertilisation and mechanisation on the small and scattered farmlands, these approaches have fallen short of increasing food productivity. A study to develop a responsible approach to land consolidation on customary lands using a design research approach is undertaken and reported here. Based on a comparative study, it is found that three factors inhibit the development of a responsible land consolidation approach on customary lands—the coverage of a land administration system, a land valuation approach, and a land reallocation approach the fits the customary land tenure system. To fill these gaps, firstly, this study developed the participatory land administration that brought together traditional land administration approaches with emerging bottom-up approaches, as well as technological advances that drive these approaches together with the growing societal needs. Secondly, a valuation approach was developed to enable the comparison of the farmlands in rural areas that are without land markets. Finally, a land reallocation approach was developed based on the political, economic and social, as well as technical and legal characteristics of rural customary farmlands. This study concludes that though the land consolidation strategy developed is significantly able to reduce land fragmentation, both physical and land tenure, the local customs are an obstruction to the technical processes to achieve the best form of farmland structures.

scholarly journals Struggles of Women to Access and Hold Landuse and Other Land Property Rights under the Customary Tenure System in Peri-Urban Communal Areas of Zimbabwe

Land ◽  
2021 ◽  
Vol 10 (6) ◽  
pp. 649
Author(s):  
Emaculate Ingwani
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Social Systems ◽  
Urban Context ◽  
Tenure System ◽  
Communal Area ◽  
Land Tenure System ◽  
Communal Areas ◽  
Customary Land ◽  
Land Property Rights

The struggles of women to access and hold landuse and other land property rights under the customary tenure system in peri-urban communal areas is increasingly becoming a cause for concern. These debates are revealed using a case study of a peri-urban communal area called Domboshava in Zimbabwe. Women living in this peri-urban communal area struggle to access and hold landuse and other land property rights registered under their names. The aim of this paper is to present an analysis of the struggles faced by women to access and hold landuse and other land property rights in Domboshava. This paper is a product of a literature review on land property rights, land tenure systems, and peri-urbanity more generally. Field data was intermittently collected in the peri-urban communal area of Domboshava over a period of four years from 2011 to 2014, as well as through post-research social visits stretching to 2019. Thirty-two women were conveniently selected and interviewed. I applied Anthony Giddens’ structure-agency theory as a framework of analysis. The struggles to access and hold landuse and other land property rights by women are rooted in land transactions, social systems including the customary land tenure, patriarchy, as well as the peri-urban context of Domboshava. Responsible authorities on land administration in communal areas need to acknowledge the existence of new and invented ways of accessing and holding landuse and land property rights under the customary land tenure system, as well as to find ways to mobilize more opportunities for women on the peri-urban land market.

Land Tenure Systems and Agricultural Productivity in Gombe Nigeria

2019 ◽  
Author(s):  
Daniel Ibrahim Dabara ◽  
Lawal Omotoso ◽  
Augustina Chiwuzie ◽  
Olusegun Joseph Omotehinshe ◽  
John Oyekunle Soladoye
Keyword(s):  
Land Tenure ◽  
Agricultural Productivity ◽  
Land Tenure Systems

Can Customary Land Tenure Facilitate Agricultural Productivity Growth? Evidence from Burkina Faso

2020 ◽  
Vol 96 (3) ◽  
pp. 441-455
Author(s):  
Yoko Kusunose ◽  
Véronique Thériault ◽  
Didier Alia
Keyword(s):  
Burkina Faso ◽  
Land Tenure ◽  
Productivity Growth ◽  
Agricultural Productivity ◽  
Customary Land

scholarly journals Another Law in Indonesia: Customary Land Tenure System Coexisting with State Order in Mutis Forest

2020 ◽  
Vol 26 (3) ◽  
pp. 244-253
Author(s):  
I Budiman ◽  
◽  
T Fujiwara ◽  
N Sato ◽  
D Pamungkas
Keyword(s):  
Land Tenure ◽  
Forest Fires ◽  
Nature Reserve ◽  
Sustainable Forest Management ◽  
Forest Products ◽  
The State ◽  
Local People ◽  
Tenure System ◽  
Land Tenure System ◽  
Customary Land

Local wisdom has been coexisting with the state system in several places in Indonesia. The Mountain Mutis Nature Reserve in East Nusa Tenggara province is the strict nature reserves, but a customary land tenure system, called suf, exists so far in the nature reserve. The objectives of this study are (1) to organize the historical territorialization process, (2) to clarify the customary land tenure system and activities for livelihoods by local people, and (3) to discuss the challenges of its land tenure system to manage forests sustainably as well as policy methods to harmonize legal pluralism in Mutis Area. Field observation and in-depth interviews with key informants were employed for data collection, and the collected data were analyzed by a qualitative descriptive method. The findings showed the traditional reward and punishment systems regarding extracting non-timber forest products, grazing livestock, and preventing forest fires were working well for sustainable forest management. However, increased pressure on forests due to future population growth appears to have an impact on the traditional system. It also showed the government officers and local people started some discussions to recognize the suf in the formal legal order. However, there were institutional problems to introduce current state systems. Therefore, it is required to flexibly operate or revise the state laws according to the actual situation to harmonize society between state and people.

Legal Language across Cultures: Finding the Traditional Aboriginal Owners of Land

1981 ◽  
Vol 12 (3) ◽  
pp. 187-211 ◽  
Author(s):  
Graeme J. Neate
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Northern Territory ◽  
Legal Language ◽  
Land Claim ◽  
Land Trust ◽  
Tenure System ◽  
Land Tenure System ◽  
Ownership Of Land ◽  
Land Tenure Systems

The Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) was the first recognition at law of the traditional ownership of land in Australia by Aborigines. It provides means whereby Aborigines claiming to have a traditional land claim to certain types of land in the Northern Territory can demonstrate that ownership to the Aboriginal Land Commissioner. If he finds that there are traditional Aboriginal owners of the land he reports that finding to the Commonwealth Minister for Aboriginal Affairs and may recommend a grant of it to a Land Trust. Sometimes problems in ascertaining which, if any, Aboriginals are the traditional Aboriginal owners of the land claimed arise from the difficulty inherent in expressing the land tenure system of one culture in the language of another. The author illustrates this with examples from one land claim hearing and argues that the use of interpreters is desirable to enable the claimants to put their case clearly and for the Commissioner to understand more fully the intricacies of Aboriginal land tenure systems.

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