Land Law and Land Ownership in Africa: Case Studies from Colonial and Contemporary Cameroon and Tanzania

1999 ◽  
Vol 32 (2/3) ◽  
pp. 596
Author(s):  
Joan Vincent ◽  
Robert Debusmann ◽  
Stefan Arnold
Keyword(s):  
Case Studies ◽  
Land Ownership ◽  
Land Law

scholarly journals Legal Standing of Customary Land in Indonesia: A Comparative Study of Land Administration Systems

2017 ◽  
Vol 3 (2) ◽  
pp. 175
Author(s):  
Mustafa Bola
Keyword(s):  
Government Regulation ◽  
Land Ownership ◽  
Land Law ◽  
Role Of Government ◽  
Land Registration ◽  
Land Administration ◽  
Develop Land ◽  
Customary Land ◽  
Land Administration Systems

Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to conflict or dispute. In order to develop land administration in Indonesia, the values of customary land law contained in its principles is expected to be reflected in the land administration so it can reduce land conflict in the community. The role of customary land law has a large portion of the national land law. The role of government or ruling is very important to create a conducive condition in the land sector. A land is not allowed for personal or group interests, its use must be adjusted with the condition and the characteristic of their rights so useful, both for the prosperity and helpful to community and state.

5. Registration of Title

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Land Ownership ◽  
Third Party ◽  
Land Law ◽  
England And Wales ◽  
Land Registration ◽  
Land Transfer ◽  
Title Registration ◽  
Land Titles

The 1925 legislation was enacted in part to encourage the development of the registration of title to land, to which end the basic doctrines of substantive Land Law had to be simplified. Thereafter, the legislation’s ultimate goal has been to make sure that all land titles in England and Wales are registered. Registration of title aims to facilitate the security of land ownership and land transfer. This chapter focuses on the registration of land titles in England and Wales. After providing an overview of the basics of title registration, it discusses the Land Registration Act 2002, registrable interests, registration with an absolute title, third party rights, unregistered interests which override registration, titles that are less than absolute, dealings with registered land, and indemnity as a result of alteration of register.

4. Unregistered Land and the 1925 Legislation

2019 ◽  
pp. 86-110
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Good Deal ◽  
Land Ownership ◽  
Land Law ◽  
Theoretical Underpinning ◽  
Land Registration ◽  
The Subject

In 1925, England enacted substantial legislation that recast the existing Land Law, and which provided the framework on which modern Land Law was developed for more than seventy-five years. The essential framework remained intact until the enactment of the Land Registration Act 2002, which replaced, and substantially modified, the Land Registration Act 1925. But while the Land Registration Act 2002 is expected to be an important piece of legislation relating to land ownership in England, the 1925 legislation will still provide a good deal of the theoretical underpinning of the subject. This chapter discusses the main strategies of the Land Registration Act 1925, focusing on its effect on unregistered land. It first describes Land Law after 1925 before turning to legal estates, legal interests in land, equitable rights, land charges registration under the Land Charges Act 1925, unregistrable interests, and classification of interests.

Keragaman Sistem Hukum Pertanahan Lokal Terhadap Pendaftaran Tanah Studi Pelaksanaan PTSL di Ohoi Ngabub dan Ohoi Sathean, Provinsi Maluku

Tunas Agraria ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 1-21
Author(s):  
Priska Irvine Loupatty ◽  
Julius Sembiring ◽  
Ahmad Nashih Luthfi
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Research Method ◽  
Land Ownership ◽  
Land Law ◽  
Land Registration ◽  
Law System ◽  
Customary Land ◽  
Almost All

Abstract: Land registration through PTSL activities is conducted for all parcels of land throughout Indonesia. However, there are some ohoi in Southeast Maluku regency that refuse the registration of land which has been implemented through PTSL in recent years, whereas almost all of ohoi in Southeast Maluku Regency has already done land registration. This study aims to determine the implementation of PTSL in Ohoi Ngabub and Ohoi Sathean, the reason the Ohoi Sathean indigenous people accepted PTSL activities and the Ohoi Ngabub indigenous people rejected PTSL activities, and the land law system that applies in both ohoi. The research method used is qualitative with a sociolegal approach. The results showed that PTSL-UKM activities carried out in 2017 at Ohoi Sathean received good responses from the Ohoi Government and indigenous people of Ohoi Sathean, while the Ohoi Ngabub government refused to do PTSL activities. This is due to the local land law system that applies in both ohois. The local land law system that applies in Ohoi Sathean is individual land ownership, whereas the local land law system that applies in Ohoi Ngabub is joint land ownership. Keywords: customary land, communal rights, PTSL, indigenous peoples of Kei Intisari: Pendaftaran tanah melalui kegiatan PTSL dilakukan untuk seluruh bidang tanah di seluruh wilayah Indonesia. Akan tetapi terdapat beberapa ohoi (desa) di Kabupaten Maluku Tenggara yang menolak dilaksanakannya pendaftaran tanah melalui PTSL, sedangkan hampir seluruh ohoi sudah dilakukan pendaftaran tanah. Penelitian ini bertujuan untuk mengetahui pelaksanaan PTSL di Ohoi Ngabub dan Ohoi Sathean, alasan masyarakat adat Ohoi Sathean menerima kegiatan PTSL dan masyarakat adat Ohoi Ngabub menolak kegiatan PTSL, dan sistem hukum pertanahan lokal yang berlaku di kedua ohoi. Metode penelitian yang digunakan yaitu kualitatif dengan pendekatan sosiolegal. Hasil penelitian menunjukan bahwa kegiatan PTSLUKM yang dilaksanakan pada tahun 2017 lalu di Ohoi Sathean mendapatkan tanggapan yang baik dari perangkat ohoi dan masyarakat adat Ohoi Sathean sedangkan perangkat Ohoi Ngabub menolak untuk dilakukan kegiatan PTSL. Hal ini disebabkan oleh sistem hukum pertanahan lokal yang berlaku di kedua ohoi. Sistem hukum pertanahan lokal yang berlaku di Ohoi Sathean yaitu kepemilikan tanah secara individual, sedangkan sistem hukum pertanahan lokal yang berlaku di Ohoi Ngabub yaitu kepemilikan tanah secara bersama. Kata kunci: tanah adat, hak komunal, PTSL, masyarakat adat kei

Analysing non-legal barriers to land ownership by women.

2021 ◽  
pp. 100-112
Author(s):  
Katriel Marks ◽  
Rhonda Phillips
Keyword(s):  
Educational Attainment ◽  
Gender Equality ◽  
Case Studies ◽  
Gender Gap ◽  
Land Ownership ◽  
Political Empowerment ◽  
The World ◽  
World Economic ◽  
Potential Factors ◽  
Legal Barriers

Abstract This chapter explores barriers to women's land ownership. It investigates the potential factors behind why women's rights to own land are often ignored despite laws permitting women to own and inherit land. Measures of gender equality are correlated, as presented in the World Economic Forum Global Gender Gap Index 2020 (economic participation and equality, educational attainment, health and survival, and political empowerment) to percentages of land held by women in a nation. Commonalities between case studies on women's land ownership around the world are discussed as well.

6. Adverse Possession

2019 ◽  
pp. 181-216
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Human Rights ◽  
Land Ownership ◽  
Legal Aspects ◽  
Land Law ◽  
Right Of Action ◽  
Adverse Possession ◽  
The Right ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Relative Concept

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.

4. The 1925 Legislation

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Good Deal ◽  
Land Ownership ◽  
Land Law ◽  
Theoretical Underpinning ◽  
Land Registration ◽  
The Subject

In 1925, England enacted substantial legislation that recast the existing Land Law, and which provided the framework on which modern Land Law was developed for more than seventy-five years. The essential framework remained intact until the enactment of the Land Registration Act 2002, which replaced, and substantially modified, the Land Registration Act 1925. But while the Land Registration Act 2002 is expected to be an important piece of legislation relating to land ownership in England, the 1925 legislation will still provide a good deal of the theoretical underpinning of the subject. This chapter discusses the main strategies of the Land Registration Act 1925, focusing on its effect on unregistered land. It first describes Land Law after 1925 before turning to legal estates, legal interests in land, equitable rights, land charges registration under the Land Charges Act 1925, unregistrable interests, and classification of interests.

Creating Law from the Ground Up: Land Law in Post-Conflict Cambodia

2014 ◽  
Vol 1 (1) ◽  
pp. 55-77 ◽  
Author(s):  
Leah M. Trzcinski ◽  
Frank K. Upham
Keyword(s):  
World Bank ◽  
Land Ownership ◽  
Land Law ◽  
Registration System ◽  
Post Conflict ◽  
The World Bank ◽  
Foreign Intervention ◽  
Cast Doubt ◽  
Ownership Of Land ◽  
Professional Resources

AbstractSince 1990, successive waves of foreign experts have introduced legal transplants into Cambodia dealing with the possession, use, and ownership of land. The Land Law of 2001, sponsored by the World Bank, first created a registration system that made land ownership dependent exclusively on a central cadastral registry. The 2007 Civil Code, sponsored by the Japanese International Cooperation Agency, subsequently cast doubt on the exclusivity of the registry by declaring it only presumptive evidence of ownership. Both laws are based on foreign models that presume economic, technical, and professional resources that Cambodia, as a very poor, post-conflict country, lacks. Despite recent efforts to reconcile the laws, implementation remains uneven and legal ambiguity persists. While it is too early to make conclusive judgments, the Cambodian experience brings into question not only the wisdom of top-down foreign intervention but also the desirability of any form of centralized formal legal construction in a society without the necessary social, political, and institutional prerequisites.

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