Customary land is land that is owned by native communities and its administration is in accordance with their customs, as opposed to statutory tenure which was introduced during the colonial periods (AusAID, 2008) for example, common ownership. In the Malawi Land Act of 1965, Customary Land is defined as land that is held, occupied or used under customary law however; it does not include any public land (ibid). Different customary systems of tenure have evolved in different parts of Africa and the world at large and may differ from one country to another. Customary land maybe subject to land reforms; land reform has many definitions by scholars and government papers.
Land reform generally involves changing the rules, laws, customs and regulations
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Customary land reform can then be defined as the process of changing the rules, laws, customs and regulations governing customary land ownership, administration and distributions. Customary land reform provides security of tenure to the indigenous people by providing title for holding and using land.
It is difficult to differentiate land reform from agrarian reform, as Erich and Charlotte Jacoby noted four decades ago, the distinction cannot be translated or changed in many languages of the world. In French land reform is réforme agraire, and reforma agraria in Spanish (White et. al. 2012). The idea of agrarian reform serves the purpose of emphasizing the failure of redistributive land reform by itself in bringing about lasting, structural change in the rural economy and society. As a result, land reform and agrarian reform have become synonyms of each other in the past years. This paper looks at Mozambique as a case study and agrarian land reform as the type of reform that has been adopted in the country. It seeks to bring out the benefits that arose as a result of the adoption of this type of
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Locals were not allowed to own land and hence had no say in any land issues and therefore, could not refuse to vacate land as soon as they are asked to. Local people had no security of tenure then but after independence and the introduction of agrarian land reforms, speculative land grabs were abolished as they provided communities and local people with a secure title to land. There was an introduction of a DUAT which gave them the rights to use and benefit of land (Van Den Brink, 2008). This however, did not provide full ownership of land but was good in that it was similar to a lease, was more secure, renewable and it was long term (could be held for a period of 50
...d for you to sign and the land will be yours... no-one will bother you on your land” (pg.105). This incident leads to a long chain of corrupt acts. All community members signed, rather, finger printed the document and we’re assured “they could rely on this paper as it is the title to the land” (pg. 105). Two years passed and they returned with the document in hand, claiming the land was no longer theirs to live off of. The signed document was in truth an agreement to live on the land for a mere two years and a promise to uproot once the two years expired. In conjunction with the Labour Unions, Rigoberta’s father fights this upheaval, however the landowners bribe the judges lawyers and interpretors involved in the crooked legal battles, twisting the communities stance says the landowners offered a great deal of money to the judge through -machines/market/lawyers
The Europeans changed the land of the home of the Indians, which they renamed New England. In Changes in the Land, Cronon explains all the different aspects in how the Europeans changed the land. Changing by the culture and organization of the Indians lives, the land itself, including the region’s plants and animals. Cronon states, “The shift from Indian to European dominance in New England entailed important changes well known to historians in the ways these peoples organized their lives, but it also involved fundamental reorganizations less well known to historians in the region’s plant and animal communities,” (Cronon, xv). New England went through human development, environmental and ecological change from the Europeans.
This essay is about the land rights of of Australia and how Eddie Marbo was not happy about his land been taken away from him. In May 1982 Eddie Marbo and four other people of the Murray Islands began to take action in the high court of Australia and confirming their land rights. Eddie Marbo was a torres islander who thought that the Australian laws were wrong and who went to fight and try and change them. He was born in 1936 on Mer which is known as Murray Island. The British Crown in the form of the colony of Queensland became of the sovereign of the islands when they were annexed in1978. They claimed continued enjoyment of there land rights and that had not been validly extinguished by the sovereign. (Australian Bureau of Statistics 2012)
Changes in the Land by William Cronon depicts the changes in New England brought upon by the European settlers in the 1600s. What was once only occupied by Native Americans, New England’s resources were sustainably consumed by the indigenous people of the land. However, in Cronan’s perspective, the arrival of the settlers brought upon drastic and detrimental consequences that would go on to affect the ecology of New England today. An apparent theme brought up in Changes in the Land is adaptation. Cronan arrays the theme of adaptation by displaying how the natives had to adapt to a sporadically changing lifestyle that the colonists attempted to assimilate into the land and its people.
In the year of 1862, Abraham Lincoln signed the Morrill Land Grant Act providing funds for the creation of land-grant schools in each state in the United States of America. Specifically, this act gave each state “30,000 acres…to establish a college that would promote education in agriculture, mechanics, classical studies and military tactics” (Morrill Act). The act provided each state with government funds to purchase the land, but the state itself was required to find the capital to erect the buildings. The Morrill Act was initially introduced to President Buchanan, but he vetoed it based on his belief that it was “financially draining for the Treasury, a threat to existing colleges, and unconstitutional” (Morrill, J.). On the second occasion
I think that he is trying to say that wilderness is something to be cherished and loved, because it gives definition and meaning to his life. His whole life was spent looking after and trying to preserve the wilderness. This is a plea for the preservation. I think that Leopold believes one day a lot of what we have today and he want it to be preserved so that in the future people have the chance to see there cultural inheritance like our ancestors let us see by preserving things.
There are many different laws that were implemented between 1862 and 1978 that govern the rangelands in the United States such as the Range Improvement Act, Endangered Species Act, Multiple Use Act, Enlarged Homestead Act, and more. There is one act that had the greatest and most positive impact and one act that had the greatest and most negative impact on the rangelands in the United States.
I THESIS STATEMENT The Homestead Act of 1862 made surveyed lands obtainable to homesteaders. The act stated that men and women over the age of 21, unmarried women who were head of households and married men under the age of 21, who did not own over 160 acres of land anywhere, were citizens or intended on becoming citizens of the United States, were eligible to homestead. This paper will show how the Homestead Act came to be enacted, who the homesteaders were, and the effects of the Homestead Act on the pioneers. II.
Many Native groups, because they were nomadic, didn't see land as belonging to one person. The idea that someone could come in, claim a piece of land and ban them f...
person receiving the land, had to go through ceremony in which they would say that they
The expansion of the United States is such a vital part of American history, yet some often forget how it all happened. Many thriving settlers were given an extraordinary opportunity starting on January 1, 1863 that would end up laying the floor work for many Midwestern and Western citizens today. The rights and responsibilities to live on and maintain 160 acres of land may seem like a lot to take in for a student learning about an Act about land from the 1860s. However, think about all the people the Homestead Act of 1862 affected. There was a lot of pressure on the original homesteaders to make good use of their newfound land, the government was giving out land that wasn’t exactly theirs, and the Native American would have some their rights stolen.
The purpose of enacting The Land Registration Act 2002, was to combat the uncertainties evolved around the previous Act, Land Registration Act 1925 . The need for reforms was highlighted in a report by Law Commission known as Land Registration for the 21st Century: a Conveyancing Revolution . LRA 2002 repealed LRA 1925, not only simplify the law by maintaining an accurate record of all the rights and alongside interests held by others that affect the land, but also to give certainty the basic concepts engrossed by the 1925 Act as it can be very clearly evident that 2002 Act revolves around the original and principle ideas with amendments.
Having set the aims, objectives and research questions in the first chapter, this chapter zooms in to review literature available on the subject of land tenure regularization and its effect on housing investment from different parts of the world with specific reference to cities. The emphasis of this chapter is to analyse the link between land tenure regularization and housing investment in informal settlements. Also, the focus is on securing land rights in informal settlements, since it is widely believed that regularization of informal settlement rights leads to (increased) access to formal finance which subsequently encourages housing investment (Chome and McCall, 2005). The chapter starts with contextual definition of key terms, and then followed by global documentation on the impact of tenure regularization in informal settlement, focusing on the experiences of some selected countries. Since the aim of the research is to investigate the effect of land tenure regularization on informal housing investment and that both the Zambian Local Authorities and the government have intention to regularize informal settlements, lessons learnt from the case study countries will be noted, after which the chapter will be concluded in section 2.6 by way of a summary.
Land conversion has been present and rampant in the Philippines for the past few years especially in areas surrounding Metro Manila. To clarify the term land conversion, it is defined by the Department of Agrarian Reform as “the act of authorizing the change of the current use of a piece of land into some other use” (Nantes 130). In this context, it would be focus on the conversion of agricultural land into some other use.
Though the issue of how do you handle land reform without it being forced redistribution or legal plunder should be on people’s minds. Venezuela is such a country where such acts are currently taking place where the small number of massive land owners is not within the “i...