Comparative Study of Land Administration Systems

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Comparative Study of Land Administration Systems

• by
• Tony Burns

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despite the significant resources being
invested by the donor community for modernizing
land administration infrastructure, there is
little systematic discussion of the key elements
of such a system and of what constitutes
effectiveness within particular socioeconomic,
cultural and temporal contexts. (Lavadenz et
al 2002).
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Outline of Comparative Study

• The comparative study has been undertaken in
  three phases
• The preparation of detailed country case studies,
  based on a specific terms of reference
• The synthesis of the detailed country case
  studies into four regional papers
• A global synthesis of critical issues with
  comparisons drawn both within the regions as well
  as across the regions.
• A systematic discussion has been prepared of
  future challenges

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Country Case Studies
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Common Issues Facing Land Administration Projects

• Real estate accounts for 50-75 of national
  wealth
• Land is a major means of accumulating wealth
• Often very strong vested interests
• Staff in the land sector are very conservative
• Built in inertia to change
• Frequently operate in weak policy/legal
  environment
• Reliable information very difficult to obtain

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Thailand Land Titling Project
Socio-economic studies have shown that

• Legal title is the most significant factor in
  explaining differences in land prices
• Land titles are generally related to the demand
  and supply of credit
• The project lead to an increase in cultivated
  areas
• The incidence of land transactions increased for
  titled land
• For titled lands, there was increased use of farm
  inputs such as seeds and chemical fertiliser
• The value of production per unit area and the
  yield per unit area are higher for titled lands

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Peru Urban Property Rights Project
A socio-economic study has shown that

• Land titling has lead to an increased level of
  employment in households an average of 45 hours
  per week
• Land titling is associated with a significant
  decline in the proportion of households who use
  their residence as a source of economic activity
• Land titles appear to reduce the household demand
  for child labour in a majority of households by a
  third

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Maslow's Hierarchy of Needs
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Hierarchy of Tenurial Concerns
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Property Rights Regimes
Formal System
Informal Systems
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Urban Growth in Peru (1961-1993)
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Historical Stages of the Evolution of Informal
Housing in Peru
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Future Challenge
Angel (20012) who notes that the informal
settlers in the last half of the twentieth
century benefited from weak governments and legal
frameworks and wonders whether the projected 2
billion increase in the urban population over the
next 30 years will confront a pattern of
ownership that is more rigid, more regulated,
better enforced, and hence less affordable than
before?
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Framework to Assess Land Administration
Efficiency and Effectiveness
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Comparison to 'Target' Indicators
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Philippines
Ghana
Ghana
Indonesia
Laos
Mozambique
Karnataka
South Africa
Thailand
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5
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Objective Clearly defined and enforceable land
rights Accessible, efficient dispute resolution
Efficient and secure processes to transfer
rights Confidence of users, particularly the
public, and their participation in the land
administration system Regulation of land use in
the public interest Management of public lands
and the commons Equitable taxation of property
Equitable access to land information Poverty
Alleviation.
Community/ stakeholder dialogue Systematic
adjudication, registration Civil works,
procurement, record validation, computerisation,
simplified/efficient procedures, HRD/M Policy
and legal framework
Community/ stakeholder dialogue Systematic
adjudication, registration Civil works,
procurement, record validation, computerisation,
simplified/efficient procedures, HRD/M
Registration of individual rights, integration
with formal system Civil works, procurement,
mapping, registration of rights at community
level Community/ stakeholder dialogue Policy
and legal framework
Systematic adjudication, registration Civil
works, procurement, record validation,
computerisation, simplified/efficient procedures,
HRD/M Community/ stakeholder dialogue Policy
and legal framework
Community/ stakeholder dialogue Development of
service/access distribution channels Record
validation, computerisation, simplified/efficient
procedures, HRD/M
Registration of individual rights, integration
with formal system Civil works, procurement,
mapping, registration of rights at community
level Community/ stakeholder dialogue,
delineation and demarcation of allodial
boundaries Policy and legal framework
Community/ stakeholder dialogue Development of
service/access distribution channels Record
validation, computerisation, simplified/efficient
procedures, HRD/M Policy and legal framework
2. Decentralise formal system
4. Strengthen decentralised System
5. Role for customary authorities
6. Transfer from customary to decentralised
7. Strengthen customary system

• Strengthen
• a centralised system

3. Transfer to centralised system
Foundation Policy framework, legal framework,
institutional capacity, primary geodetic network,
education and training, funding and finance,
stakeholder engagement
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Future Challenges

• Long-Term Nature of Land Administration
  Intervention
• Customary Tenure
• Alternatives to Titles
• Institutional Arrangements
• Community Mobilization
• Pro-Poor Emphasis and Safeguards for Vulnerable
  Groups
• Solving Rather than just Identifying Problems
• Corruption and Governance
• Focus on Sustainability
• Indicators of Effectiveness and Efficiency
• Land Administration and Land Reform
• Sequencing of Land Administration Interventions

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Phasing Implementation in Thailand
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Planned Phasing of Activity in Indonesia
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Planned Phasing of Activity in Ghana
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The adjudication, sophisticated recording
systems, precise boundary delineation, and the
mapping requirements of land registration or
titling are quite costly in the use of legal,
technical, and managerial skills. These skills
tend to be needed in a number of other high
priority areas in many African countries'
(Atwood 1990666).