IDEAS home Printed from https://ideas.repec.org/a/eee/lauspo/v99y2020ics0264837719315108.html
   My bibliography  Save this article

Registration of private interests in land in a community lands policy setting: An exploratory study in Meru district, Tanzania

Author

Listed:
  • Biddulph, Robin
  • Hillbom, Ellen

Abstract

Current Tanzanian land law offers registration of private interests in land in the form of Certificates of Customary Rights of Occupancy (CCROs) within a broader community lands approach. We conducted qualitative research on the issuance of CCROs along a mountain slope transect in Meru district in northeast Tanzania. This area features intensified smallholder agriculture that evolutionary theory suggests is well adapted for registration of private interests in land. It also features strong customary authorities of the sort that legal pluralism theory suggests may lead to property relations that are not singular and evolving but multiple and co-existing. We found that tenure was highly individualized and local demand for CCROs was expressed in a context of both agricultural intensification and nascent urbanisation. Nevertheless, due to high cost and coordination constraints, this demand did not deliver widespread registration. While CCROs were perceived as useful to resolve land conflicts and put up as collateral for loans, they were not essential as a variety of alternative approaches were in place. In this forum shopping, plurality was not in itself a problem and individuals increasingly chose quasi-formal paper authorisations over customary rituals. Based on our findings, we recommend that land administration systems more explicitly build on existing quasi-formal practice, and that community lands approaches include a diversity of national programmes tailored to different local community circumstances.

Suggested Citation

  • Biddulph, Robin & Hillbom, Ellen, 2020. "Registration of private interests in land in a community lands policy setting: An exploratory study in Meru district, Tanzania," Land Use Policy, Elsevier, vol. 99(C).
    • Handle: RePEc:eee:lauspo:v:99:y:2020:i:c:s0264837719315108
    DOI: 10.1016/j.landusepol.2020.104830
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0264837719315108
    Download Restriction: Full text for ScienceDirect subscribers only
    File URL: https://libkey.io/10.1016/j.landusepol.2020.104830?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Klaus Deininger, 2003. "Land Policies for Growth and Poverty Reduction," World Bank Publications - Books, The World Bank Group, number 15125.
    2. Howard Stein & Faustin P. Maganga & Rie Odgaard & Kelly Askew & Sam Cunningham, 2016. "The Formal Divide: Customary Rights and the Allocation of Credit to Agriculture in Tanzania," Journal of Development Studies, Taylor & Francis Journals, vol. 52(9), pages 1306-1319, September.
    3. Akaateba, Millicent Awialie, 2019. "The politics of customary land rights transformation in peri-urban Ghana: Powers of exclusion in the era of land commodification," Land Use Policy, Elsevier, vol. 88(C).
    4. Ringo Willy Tenga & Sist J. Mramba, 2015. "Tanzania LGAF Synthesis Report," World Bank Publications - Reports 28512, The World Bank Group.
    5. Jean‐Philippe Platteau, 1996. "The Evolutionary Theory of Land Rights as Applied to Sub‐Saharan Africa: A Critical Assessment," Development and Change, International Institute of Social Studies, vol. 27(1), pages 29-86, January.
    6. Klaus Deininger, 2003. "Land Markets in Developing and Transition Economies: Impact of Liberalization and Implications for Future Reform," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 85(5), pages 1217-1222.
    7. Chimhowu, Admos, 2019. "The ‘new’ African customary land tenure. Characteristic, features and policy implications of a new paradigm," Land Use Policy, Elsevier, vol. 81(C), pages 897-903.
    8. Ahmed, Abubakari & Kuusaana, Elias Danyi & Gasparatos, Alexandros, 2018. "The role of chiefs in large-scale land acquisitions for jatropha production in Ghana: insights from agrarian political economy," Land Use Policy, Elsevier, vol. 75(C), pages 570-582.
    9. Sikor, Thomas & Müller, Daniel, 2009. "The Limits of State-Led Land Reform: An Introduction," World Development, Elsevier, vol. 37(8), pages 1307-1316, August.
    10. Ekpodessi, Serge Gérard N. & Nakamura, Hitoshi, 2018. "Land use and management in Benin Republic: An evaluation of the effectiveness of Land Law 2013-01," Land Use Policy, Elsevier, vol. 78(C), pages 61-69.
    11. Gelas Rubakula & Zhanqi Wang & Chao Wei, 2019. "Land Conflict Management through the Implementation of the National Land Policy in Tanzania: Evidence from Kigoma Region," Sustainability, MDPI, vol. 11(22), pages 1-12, November.
    12. Meinzen-Dick, Ruth Suseela & Pradhan, Rajendra, 2002. "Legal pluralism and dynamic property rights," CAPRi working papers 22, International Food Policy Research Institute (IFPRI).
    13. Klaus Deininger & Daniel Ayalew Ali & Tekie Alemu, 2011. "Impacts of Land Certification on Tenure Security, Investment, and Land Market Participation: Evidence from Ethiopia," Land Economics, University of Wisconsin Press, vol. 87(2), pages 312-334.
    14. Hendriks, Bob & Zevenbergen, Jaap & Bennett, Rohan & Antonio, Danilo, 2019. "Pro-poor land administration: Towards practical, coordinated, and scalable recording systems for all," Land Use Policy, Elsevier, vol. 81(C), pages 21-38.
    15. Ha-Joon Chang, 2006. "Understanding the Relationship between Institutions and Economic Development: Some Key Theoretical Issues," WIDER Working Paper Series DP2006-05, World Institute for Development Economic Research (UNU-WIDER).
    16. Frank F. K. Byamugisha, 2013. "Securing Africa's Land for Shared Prosperity : A Program to Scale Up Reforms and Investments," World Bank Publications - Books, The World Bank Group, number 13837.
    17. Biddulph, Robin, 2018. "The 1999 Tanzania land acts as a community lands approach: A review of research into their implementation," Land Use Policy, Elsevier, vol. 79(C), pages 48-56.
    18. Liz Alden Wily, 2018. "Collective Land Ownership in the 21st Century: Overview of Global Trends," Land, MDPI, vol. 7(2), pages 1-26, May.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Panman, Alexandra & Lozano Gracia, Nancy, 2022. "Titling and beyond: Evidence from Dar es Salaam, Tanzania," Land Use Policy, Elsevier, vol. 117(C).
    2. Ji, Xiaoqing & Liu, Shuai & Lang, Jingyi, 2022. "Assessing the impact of officials' turnover on urban economic efficiency: From the perspective of political promotion incentive and power rent-seeking incentive," Socio-Economic Planning Sciences, Elsevier, vol. 82(PB).
    3. Meine Pieter van Dijk, 2022. "Crop Insurance, a Frugal Innovation in Tanzania, Helps Small Maize Farmers and Contributes to an Emerging Land Market," Land, MDPI, vol. 11(7), pages 1-12, June.
    4. Kabigi, B. & de Vries, Walter T. & Kelvin, H., 2021. "A neo-institutional analysis of alternative land registration systems in Tanzania: The cases of Babati and Iringa districts," Land Use Policy, Elsevier, vol. 105(C).

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Festus A. Asaaga, 2021. "Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic?," Land, MDPI, vol. 10(2), pages 1-17, February.
    2. Catherine Boone, 2017. "Legal empowerment of the poor through property rights reform: Tensions and trade-offs of land registration and titling in sub-Saharan Africa," WIDER Working Paper Series wp-2017-37, World Institute for Development Economic Research (UNU-WIDER).
    3. Sasu, Alexander & Javed, Arshad & Imran, Muhammad & Squires, Graham, 2024. "Land banking, land price and Ghana’s informal land markets: A relational complexity approach," Land Use Policy, Elsevier, vol. 141(C).
    4. Selorm Kobla Kugbega, 2020. "State-Customary Interactions and Agrarian Change in Ghana. The Case of Nkoranza Traditional Area," Land, MDPI, vol. 9(11), pages 1-20, November.
    5. Alexis Rampa & Yiorgos Gadanakis & Gillian Rose, 2020. "Land Reform in the Era of Global Warming—Can Land Reforms Help Agriculture Be Climate-Smart?," Land, MDPI, vol. 9(12), pages 1-24, November.
    6. Haji Athumani Msangi & Hamza Moluh Njoya & Katharina Löhr & Stefan Sieber & Betty Waized & Daniel Wilson Ndyetabula, 2024. "Determinants of land tenure formalization under customary and statutory land tenure systems in Tanzania," SN Business & Economics, Springer, vol. 4(1), pages 1-24, January.
    7. Olofsson, Malin, 2021. "Expanding commodity frontiers and the emergence of customary land markets: A case study of tree-crop farming in Venda, South Africa," Land Use Policy, Elsevier, vol. 101(C).
    8. Burns, Anthony Francis & Rajabifard, Abbas & Shojaei, Davood, 2023. "Undertaking land administration reform: Is there a better way?," Land Use Policy, Elsevier, vol. 132(C).
    9. Valkonen, Anni, 2021. "Examining sources of land tenure (in)security. A focus on authority relations, state politics, social dynamics and belonging," Land Use Policy, Elsevier, vol. 101(C).
    10. Ehwi, Richmond Juvenile & Mawuli, Divine Asafo, 2021. "‘Landguardism’ in Ghana: Examining public perceptions about the driving factors," Land Use Policy, Elsevier, vol. 109(C).
    11. Selorm Kobla Kugbega & Prince Young Aboagye, 2021. "Farmer-herder conflicts, tenure insecurity and farmer’s investment decisions in Agogo, Ghana," Agricultural and Food Economics, Springer;Italian Society of Agricultural Economics (SIDEA), vol. 9(1), pages 1-38, December.
    12. Muna Shifa & Murray Leibbrandt & Martin Wittenberg, 2015. "Does tenure insecurity explain the variations in land-related investment decisions in rural Ethiopia?," SALDRU Working Papers 150, Southern Africa Labour and Development Research Unit, University of Cape Town.
    13. Hagos, Hosaena Ghebru, 2012. "Tenure (in)security and agricultural investment of smallholder farmers in Mozambique:," MSSP working papers 5, International Food Policy Research Institute (IFPRI).
    14. Thomas Vendryes, 2014. "Peasants Against Private Property Rights: A Review Of The Literature," Journal of Economic Surveys, Wiley Blackwell, vol. 28(5), pages 971-995, December.
    15. Bouquet, Emmanuelle, 2009. "State-Led Land Reform and Local Institutional Change: Land Titles, Land Markets and Tenure Security in Mexican Communities," World Development, Elsevier, vol. 37(8), pages 1390-1399, August.
    16. Ali, Daniel Ayalew & Deininger, Klaus & Goldstein, Markus, 2014. "Environmental and gender impacts of land tenure regularization in Africa: Pilot evidence from Rwanda," Journal of Development Economics, Elsevier, vol. 110(C), pages 262-275.
    17. Biddulph, Robin, 2018. "The 1999 Tanzania land acts as a community lands approach: A review of research into their implementation," Land Use Policy, Elsevier, vol. 79(C), pages 48-56.
    18. Ayalew, Hailemariam & Admasu, Yeshwas & Chamberlin, Jordan, 2021. "Is land certification pro-poor? Evidence from Ethiopia," Land Use Policy, Elsevier, vol. 107(C).
    19. Ghebru, Hosaena & Pitoro, Raul & Woldeyohannes, Sileshi, 2015. "Customary tenure and innovative measures of safeguarding land rights in Africa: The community land initiative (iniciativa de terras comunitárias) in Mozambique:," IFPRI discussion papers 1484, International Food Policy Research Institute (IFPRI).
    20. Hundie, Bekele, 2006. "Explaining Changes of Property Rights among Afar Pastoralists, Ethiopia," Institutional Change in Agriculture and Natural Resources Discussion Papers 18833, Humboldt University Berlin, Department of Agricultural Economics.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:lauspo:v:99:y:2020:i:c:s0264837719315108. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Joice Jiang (email available below). General contact details of provider: https://www.journals.elsevier.com/land-use-policy .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.