Social Factors Encumbering Land Title Registration in Tanzania: The Case of Mtwivila and Mkimbizi Wards, Iringa Municipality

The aim of this study was to explore social factors impeding land title registration (LTR) in Mtwivila and Mkimbizi Wards, Iringa Municipality. Using the mixed research design, this study employed cross-sectional research to collect both quantitative and qualitative data. Questionnaire and interview methods were used to collect primary data. Qualitative data were presented in selected themes and verbatim by interview respondents. Quantitative data were presented in tables, frequencies, percentages and figures then analysed descriptively. The study findings indicated limited awareness among Plot Owners Without Title Deed (POWTD) regarding: the inherent benefits of title deeds, probate and administration, plot allocation procedures, land title registration procedures and the perils of not executing property transfer. This study recommends that allied land professionals in Iringa Municipal council (IMC), Ministry of Lands, Housing and Human Settlement Development (MLHHSD) and other stakeholders should create public awareness, as an immediate intervention measure regarding land title registration.

Analisis Kualitas Pelayanan dalam Penerbitan Sertifikat Tanah di Badan Pertanahan Nasional Kabupaten Nagan Raya

The purpose of this study is to analyze the quality of service in the issuance of land certificates at Badan Pertanahan Nasional (BPN) Nagan Raya Regency. This research is qualitative research with a post-positivist approach. In this study the data obtained by researchers from observations, interviews, and documentation. The results of this study note that the certainty of the time and method of service in the issuance of land certificates at the BPN Nagan Raya Regency is still not done well. This is because officers still often extend the process of making land certificates, then in terms of the cost of obtaining land title certificates at the Nagan Raya BPN office, there are still many people who feel dissatisfied because there are additional costs that must be met by the community such as transportation costs for officers. Then regarding the obstacles that are often encountered by officers in terms of issuing land certificates are the frequent occurrence of disputes or disputes over land, incomplete files in the management of land certificates, boundary stakes, and lack of timeliness. Therefore, it is expected that employees at the Nagan Raya Regency BPN Office can provide accurate explanations to the community when processing land certificates both in terms of completeness of files, costs and time required by employees, so that with this the community can feel good service and comfort. and employees can carry out their duties according to the tempo that has been given to the community.

Property Rights and Investment in Agriculture: Evidence from Cuddalore District of Tamil Nadu, India

ABSTRACT Property rights must ensure confidence to the landholder in resource use, investment, and sustainable management. However, the rights vary according to the land title and tenure. It is pertinent to study the dimensions of property rights and their impact on short and long-term investment on land. The rights of the inheritance, purchase, private rental lands, and trust rental lands determines the investment on land. Farmers owning inheritance, purchase, and trust rental sites have security and transferability compared to private rental sites, thereby influencing the investment in lands. Secure property rights of inheritance and purchase sites have led the farmers to invest both in short and long-term investments. Even though the trust rental lands are long-term leases, the tenants have invested only in short-term investments and are reluctant to invest in long-term investments as their rights are incomplete. As a whole, the type of tenure determines security, transferability, and investment on land. Secure property rights encourage investment in the land and ensure sustainable management of land and agriculture.

Land Governance: Paradigm Shift in Tribal Land Records in Indo-Nepal Border

Land ownership is determined by the land title possessed by an individual and protects the rights of the owner. Due to the rampant growth in population and scarcity of land, mutation, unclear land titles, and prices are soaring and have led to benami transactions. Land documentation is not an easy task in India where different methods and departments are involved with a lack of efforts at bringing commonality into the system of land records. Therefore, to bring transparency, accountability, and efficiency in dealing with the cases of land disputes and associated litigation, there is an immediate need for compilation, maintenance, and updation of the land records to instill a sense of security among landowners. Therefore, the central theme of the article revolves around the hindrances and issues in an entire process, flaws in land records, poor updation of data, online mutation, and automatic flow of information. The adequacy of the updated land information can answer to disputes in boundary, unauthorized construction, permission related to land use, fraud registration of the property, and incomplete mutation and could lower the cost of transactions. The other multidimensions which are focused while understanding the land records in a tribal regime are tenure rights, disputes in common areas, customary rights, and acquisition of land by other communities.

The dynamics of deforestation and reforestation in a developing economy

We develop a model of optimal land allocation in a developing economy that features three possible land uses: agriculture, primary and secondary forests. The distinction between those forest types reflects their different contributions in terms of public goods. In our model, reforestation is costly because it undermines land title security. Using the forest transition concept, we study long-term land-use change and explain important features of cumulative deforestation across countries. Our results shed light on the speed at which net deforestation ends, on the effect of tenure costs in this process, and on composition in steady state. We also present a policy analysis that emphasizes the critical role of institutional reforms addressing the costs of both deforestation and tenure in order to promote a transition. We find that focusing only on net forest losses can be misleading since late transitions may yield, upon given conditions, a higher level of environmental benefits.

Contemporary Indigenous Australian Art and Native Title Land Claim

This paper investigates a select number of examples in which largely non-literate First Nation peoples of Australia, like some First Nations peoples around the world, when faced with a judicial challenge to present evidence in court to support their land title claim, have drawn on their cultural materials as supporting evidence. Specifically, the text highlights the effective agency of indigenous visual expression as a communication tool within the Australian legal system. Further, it evaluates this history within an indigenous Australian art context, instancing where of visual art, including drawings and paintings, has been successfully used to support the main evidence in native title land claims. The focus is on three case studies, each differentiated by its distinct medium, commonly used in indigenous contemporary art—namely, ink/watercolours on paper, (Case study 1—the Mabo drawings of 1992), acrylics on canvas (Case study 2—the Ngurrara 11 canvas 1997) and ochre on bark, (Case study 3—The Saltwater Bark Collection 1997 (onwards)). The differentiation in the stylistic character of these visual presentations is evaluated within the context of being either a non-indigenous tradition (e.g., represented as European-like diagrams or sketches to detail areas and boundaries of the claim sites in question) or by an indigenous expressive context (e.g., the evidence of the claim is presented using traditionally inspired indigenous symbols relating to the claimant’s lands. These latter images are adaptations of the secret sacred symbols used in ceremonies and painting, but expressed in a form that complies with traditional protocols protecting secret, sacred knowledge). The following text details how such visual presentations in the aforementioned cases were used and accepted as legitimate legal instruments, on which Australian courts based their legal determinations of the native land title.

Standing of Mortgage Rights on Cultivation Rights That Have Been Determined as Deflanded Land in Solok District

Cultivation Right are rights to exploit land which is directly controlled by the state for agricultural, fishery or livestock companies for a period of time. One of the reasons for the removal of the cultivation right was because it was neglected. cultivation rights is one of the land rights that can be used as collateral for debt and encumbered with mortgage rights. The write-off of the mortgage rights because the write-off of land rights that are encumbered with a security right does not cause the guaranteed debt to be written off. In practice, the abolition of the cultivation right which is being subject to mortgage rights due to a decision to determine abandoned land creates confusion regarding the repayment of debts between the debtor (PT. Karatau Limo Sajati) and the creditor (PT. Bank Rakyat Indonesia Tbk.) And the difficulty of utilizing the former cultivation right object which is has been designated as abandoned land. The problems in this research are 1) how is the process of controlling cultivation right as an object of abandoned land in Solok Regency ? 2) what is the position of the mortgage rights above the cutivation rights which has been designated as abandoned land in Solok Regency ? 3) how is the utilization of the ex-cultivation rights land on which a mortgage has been imposed after it has been designated as abandoned land in Solok Regency ? The approach method used is juridical empirical, the nature of the research is descriptive analytical, the research data used is in the form of primary data, namely through interviews with sources and literature study to obtain secondary data. The data is processed systematically and analytically. The results showed that 1) the control process of PT. Karatau Limo Sajati as an abandoned land object which is carried out by means of inventory, identification and research, warnings, the proposal to determine abandoned land and the determination of abandoned land can actually be canceled through a lawsuit to the PTUN based on the weaknesses in the warning process. 2) the position of the mortgage over the cultivation rights which has been designated as abandoned land has been abolished, but the abolition of the mortgage because the termination of the land title does not cause the guaranteed debt to be canceled and subsequently the debtor's debt repayment is regulated in Articles 1131 and 1132 of the KUH Perdata. 3) The utilization of the ex-cultivation rights land on which a mortgage is imposed after it is designated as abandoned land is subject to a delay from BPN RI.

Fit-For-Purpose Upscaling Land Administration—A Case Study from Benin

The government of Benin in 2013 decided upon a centralized land administration, with the purpose of recording the entire national territory in one land administration system to promote durable economic development by increasing legal certainty in real estate transactions. This is a major challenge, given that currently, of the estimated 5 million cadastral parcels, less than 60,000 parcels have a land title and are registered in the national land administration agency’s central database. This case study describes how a transition to a fit-for-purpose approach in land administration makes it possible to realize the Benin government policy. In the context of Benin, the core of this approach is the introduction of a tenure system based on presumed ownership parallel to the existing title system with state-guaranteed ownership. From a quality perspective, this meant a shift in priorities from “good but slow” to “good enough and fast”. A field test has proven that this new approach is necessary to realize the governmental purpose but puts pressure on the quality aspect and the related interests of established parties such as private surveyors. In the Benin case, this pressure is reduced by designing a land information system based on the Land Administration Domain Model (LADM) that makes it possible to include and keep track of both cadastral parcels with state-guaranteed ownership and cadastral parcels with presumed ownership in the database. Both ways of tenure security can therefore coexist, allowing landowners to choose between the level of legal security that best fits their needs and means.

Donor-State Partnerships in the Cambodian Land Sector

This chapter examines the formation of Cambodia's postwar property rights regime by tracing the evolving relationship between the German donor agency GIZ and the Cambodian state. It reviews donor agencies that ignored the failures of Cambodia's Land Rights Program and donor practices and turned the political issue of land control into a technical problem. It also explains the practices that justified the donors' continued presence, even as they created uncertainty over what was actually happening on the ground and shut down space for deeper questions about the relationships between land titling and tenure security. The chapter charts the affiliation of GIZ with the Cambodian Ministry of Land since 1995 to determine how donor interventions worked to strengthen the state elite's grip on power. It illustrates how faith in the efficacy of land title is produced in public discourse through oversimplified technical data and veiled threats that silence deeper questions.