Outline of the institutions for land transactions in traditional China

2021 ◽  
pp. 49-62
Author(s):  
Denggao Long ◽  
Xiang Chi
Keyword(s):  
Land Transactions

scholarly journals What Drives Landowners to Resist Selling Their Land? Insights from Ethical Capitalism and Landowners’ Perceptions

Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 312
Author(s):  
Ruxandra Malina Petrescu-Mag ◽  
Hamid Rastegari Kopaei ◽  
Dacinia Crina Petrescu
Keyword(s):  
Large Scale ◽  
Critical Reflection ◽  
Agricultural Land ◽  
Urban Land ◽  
Land Conversion ◽  
Land Grabbing ◽  
Ethical Perspective ◽  
Land Acquisitions ◽  
Large Scale Land ◽  
Land Transactions

Foreign land grabbing is acknowledged as a phenomenon that generates disempowerment and dispossession of local farmers, human rights violations. Previous studies have revealed the lack of ethical benchmarks in foreign large-scale land transactions that raise moral concerns. It is evident that when resources are scarce and people depend on them, the balance between values and interests transforms itself into a dilemma. Within this context, the aims of the paper were to bring to the fore critical reflection on a more ethical perspective of large-scale land acquisitions and to extend the scant information on what factors determine landowners not to sell their land to foreigners to limit land grabbing. This context justifies the need for a critical reflection on a more ethical perspective of large-scale land acquisitions. Therefore, two objectives were set. The first one is to document the role of ethics in large-scale land transactions. Based on the land grabbing literature, authors selected a set of eight land grabbing narratives, most often interrelated and overlapping, that pose ethical considerations. The second objective is to reveal how well a set of variables can predict the “Resistance to sell” the land to foreigners even when an attractive price is offered. As ethics is a social construct, the analysis captured the stakeholders’ perspective on land grabbing. Therefore, a questionnaire was applied to a sample of 332 Romanian landowners from twelve randomly selected counties to reveal their perceptions. Partial least squares structural equation modeling (PLS-SEM) was used to observe how well a set of seven variables could predict landowners’ “Resistance to sell” their land to foreign buyers. The use of PLS-SEM was justified by the existence of single items and the need to examine many structural model relations. Results showed that the variables with the strongest contribution to the prediction of the dependent variable are the “Probability to join an association for farmers rights defense”, the “Importance of the land price offered by the potential foreign buyer”, and the “Perceived effect of agricultural land conversion to urban land”. Raising awareness on the importance of buyer attributes, increasing people’s perception of the negative effect of agricultural land conversion to urban land, or strengthening the state’s image as a necessary actor to limit land grabbing will increase landowners’ resistance to sell their land to foreigners. Finally, it can be inferred that, within this frame of discussion, ethics should be valued as a means to create economically viable and morally justifiable solutions for foreign large-scale land transactions.

Reflections on the Acquisition of Land by Non-citizens in Botswana

2020 ◽  
Vol 8 (2) ◽  
pp. 185-204
Author(s):  
Boga Thura Manatsha
Keyword(s):  
Urban Areas ◽  
Land Policy ◽  
Government Officials ◽  
The Public ◽  
Legal Provisions ◽  
Media Reports ◽  
The Government ◽  
Tribal Land ◽  
Ownership Of Land ◽  
Land Transactions

There are rising public concerns about the acquisition of prime land by non-citizens/foreigners in Botswana, especially in the sprawling urban and peri-urban areas. Indians, Nigerians and Chinese, among others, are allegedly involved in such land transactions. There is a salient local resentment towards them and/or such transactions. Sensational media reports, emotive public statements by politicians, chiefs and government officials, and anger from ordinary citizens dominate the discourse. These emotive public debates about this issue warrant some academic comment. This article argues that the acquisition of land by foreigners in Botswana, in each land category—tribal, state and freehold—is legally allowed by the relevant laws. But this does not mean that citizens have no right to raise concerns and/or show their disapproval of some of these legal provisions. Aware of the public outcry, the government has since passed the Land Policy in 2015, revised in 2019, and amended the Tribal Land Act in 2018, not yet operational, to try and strictly regulate the acquisition of land by non-citizens. There is no readily available statistical data, indicating the ownership of land by foreigners in each land category. This issue is multifaceted and needs to be cautiously handled, lest it breeds xenophobia or the anti-foreigner sentiments.

Large-Scale Land Transactions: Actors, Agency, Interactions

2014 ◽  
pp. 201-216 ◽  
Author(s):  
Carol A. Hunsberger ◽  
Saturnino M. Borras ◽  
Jennifer C. Franco ◽  
Wang Chunyu
Keyword(s):  
Large Scale ◽  
Large Scale Land ◽  
Land Transactions

Land Registration

2000 ◽  
Author(s):  
Peter Dale ◽  
John McLaughlin
Keyword(s):  
Latin America ◽  
Property Rights ◽  
Spatial Extent ◽  
Documentary Evidence ◽  
Public Repository ◽  
Registration System ◽  
Land Registration ◽  
Registration Process ◽  
Land Valuation ◽  
Land Transactions

Land registration systems provide the means for recognizing formalized property rights, and for regulating the character and transfer of these rights. Registries document certain interests in the land, including information about the nature and spatial extent of these interests and the names of the individuals to whom these interests relate. They also normally record charges and liens, that is rights to retain property against debts as in the case of mortgages, although in some systems these are held in separate registries. In addition, land registries provide documentary evidence that is necessary for resolving property disputes as well as information for a wide variety of public functions (such as land valuation). There are at least three basic types of land registration system: (i) private conveyancing; (ii) registration of deeds; and (iii) registration of title. Under a private conveyancing system, land transactions are handled by private arrangement. Interests in land are transferred by the signing, sealing, and delivery of documents between private individuals with no direct public notice, record, or supervision. The pertinent documents are held either by the individuals to a transaction or by an intermediary such as a notary. In such a system, the state has little control over the registration process (save for regulating the intermediaries) and there is little if any security for errors or fraud. Also, private conveyancing systems are invariably slow and expensive. Despite these serious limitations, notarial versions of private conveyancing are still found in many parts of Latin America. Under a system of registration of deeds, a public repository is provided for registering documents associated with property transactions (deeds, mortgages, plans of survey, etc.). There are three basic elements in deeds registration: the logging of the time of entry of a property document; the indexing of the instrument; and the archiving of the document or a copy thereof. While there are many types of deed registration system, they are all based on three core principles (Nichols 1993): 1. Security-registration of a document in a public office provides some measure of security against loss, destruction, or fraud.

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