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Article
Publication date: 20 February 2017

Raymond Talinbe Abdulai and Edward Ochieng

The assertion that land registration guarantees landownership security is common knowledge. Thus, efforts at securing landownership in particularly, the developing world have…

1416

Abstract

Purpose

The assertion that land registration guarantees landownership security is common knowledge. Thus, efforts at securing landownership in particularly, the developing world have concentrated on the formulation and implementation of land registration policies. However, over the years, whilst some studies claim that land registration assures security, a lot of other studies have established that security cannot be guaranteed by land registration. Also, there is evidence from research that has shown that land registration can be a source of ownership insecurity in some cases. The purpose of this paper is to critically analyse the underpinning principles of land registration and their application in order to establish whether or not land registration can actually guarantee ownership security.

Design/methodology/approach

It is a literature review paper that looks at the existing literature on landownership, security and land registration systems. The land registration principles that have been subjected to critical analysis are the publicity function of land registration, the legality of ownership emanating from land registration and the warranty provided by the State in land registration, specifically, under the Torrens system.

Findings

An analysis of the underpinning principles of land registration shows that land registration per se cannot guarantee ownership security and this helps to explain the findings of the numerous studies, which have established that landownership security cannot be assured by land registration. The paper concludes by identifying the right role of land registration as well as a mechanism that can effectively protect or secure landownership.

Practical implications

Land registration policies and programmes in the developing world are often funded by the international donor community and the findings provide useful insights regarding the actual role of land registration and for policy change in terms of what can secure landownership.

Originality/value

Even though there are two schools of thought regarding research on the link between land registration on one hand, and landownership security on the other, none of the studies has made an attempt to consider the nexus by critically examining the principles that underpin land registration to support their arguments.

Details

Property Management, vol. 35 no. 1
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 28 February 2019

Aleksey Pavlovich Anisimov and Anatoliy Jakovlevich Ryzhenkov

This paper aims to substantiate the existence of the form of ownership of natural resources (land) in the Russian law, unknown to European legal systems.

Abstract

Purpose

This paper aims to substantiate the existence of the form of ownership of natural resources (land) in the Russian law, unknown to European legal systems.

Design/methodology/approach

Dialectical method, historical method and system analysis method have been used.

Findings

The conducted research allows drawing a conclusion that non-delineated state form of ownership of land plots is a unique legal phenomenon caused by the specificity of the transition period of Russia from a totally state economy to a market economy. This inevitably leads to emergence of legal structures unknown to European systems of law and order. This issue has not only a theoretical but also practical nature.

Originality/value

Studies of this problem have never been conducted, neither in Russia nor in European legal science.

Details

Journal of Property, Planning and Environmental Law, vol. 11 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 6 December 2018

Senthil Arasu Balasubramanian, Thenmozhi Kuppusamy and Thamaraiselvan Natarajan

The purpose of this paper is to empirically examine the influence of women’s land ownership status on their inclusion in developing economies.

Abstract

Purpose

The purpose of this paper is to empirically examine the influence of women’s land ownership status on their inclusion in developing economies.

Design/methodology/approach

The study adopted a cross-sectional analysis. Data were taken from Global Findex data of World Bank and Indices of social development. Data were analysed using limited information maximum likelihood to establish the relationship between usage of basic financial services and women’s land ownership status variables. The study considers different demographic, social and economic factors as control variables. Socio-economic gender equality index and land ownership status of men are considered as instrumental variables in the estimations for controlling endogeneity problem.

Findings

The study proves that there is a significant influence of women’s land ownership status on their demand and usage of basic financial services. The results show that women who own land alone have a significant relationship for formal account ownership and formal savings but are deprived of formal and informal credit. The results find that women are more likely to avail of formal credit when they are backed by someone else in the family especially men. Irrespective of the wealth quintile to which women belong, they are deprived of credit if they do not own any land. The findings also show that women in higher wealth quintiles are more active in availing credit.

Research limitations/implications

The study is limited to the extent of influence of women’s land ownership status on their demand for basic financial services.

Practical implications

The study recommends appropriate economic and financial policies to encourage women to own, possess and use their land for personal as well as entrepreneurial activities. The study also suggests for policies to encourage women for joint ownership of land for better credit availability.

Social implications

Formal institutions must be more favourable for women in providing credit facilities because women play an essential role in economic development in developing economies.

Originality/value

This study is the first of its type in providing empirical evidence that women’s land ownership status influences their demand for basic financial services in developing countries.

Details

International Journal of Development Issues, vol. 18 no. 1
Type: Research Article
ISSN: 1446-8956

Keywords

Article
Publication date: 31 January 2020

Aleksey Anisimov, Anatoliy Ryzhenkov and Elena Menis

This study aims to clarify the scope of the legal procedure of the acquisitive prescription in Russia.

Abstract

Purpose

This study aims to clarify the scope of the legal procedure of the acquisitive prescription in Russia.

Design/methodology/approach

Dialectical method, historical method and system analysis method have been used.

Findings

The authors consistently prove the inadmissibility of applying acquisitive prescription to land plots in private, state or municipal ownership. One of the features of Russia as an emerging market economy is that, the major part of state lands is in so-called “non-delineated state ownership.” Plots included in such lands are not registered in the cadaster or transferred to particular public owners. That is why, the authors prove that the procedure of acquisitive prescription must be applied only in relation to land plots that are in non-delineated state ownership and have been occupied by citizens and legal entities for 15 years.

Originality/value

The authors propose new guarantees of the rights of private and public land owners. Clarification of the scope of the acquisitive prescription procedure will streamline the turnover of real estate in Russia.

Details

Journal of Property, Planning and Environmental Law, vol. 12 no. 1
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 23 May 2022

Windinkonté Séogo

This paper assesses the effect of land ownership on household food security through its productivity enhancement effect in rural Burkina Faso.

Abstract

Purpose

This paper assesses the effect of land ownership on household food security through its productivity enhancement effect in rural Burkina Faso.

Design/methodology/approach

As the link between land tenure security and productivity is indirect, the study relies on a complex mixed process regression model with robustness to assess the effect of land ownership on household productivity. Then, an instrumental variable (IV) approach is followed to investigate the association between household productivity and food security. The rural development program survey data collected from 1,892 households in 2017 are used.

Findings

The complex mixed process estimation results are robust and show that land ownership has a positive effect on household productivity. From the IV results, it is found that productive households spend more on food, have a low share of expenditures on food and are less likely to experience severe food shortages, implying an improvement in their food security status. This highlights a positive association between land ownership and food security.

Originality/value

Unlike previous studies that only focused on the effect of land ownership on land-related investments and agricultural productivity, this study deepens the analysis and sheds light on how land ownership, agricultural production and food security are related. It gives empirical evidence on the importance of land policies in the struggle against food insecurity in agrarian economies.

Peer review

The peer review history for this article is available at https://publons.com/publon/10.1108/IJSE-11-2021-0658.

Details

International Journal of Social Economics, vol. 49 no. 11
Type: Research Article
ISSN: 0306-8293

Keywords

Article
Publication date: 5 October 2010

Xiaojing Qin

The purpose of this paper is to critically review the process of urban land ownership reform in China. It seeks to illustrate how the detachment of the concept of land ownership

507

Abstract

Purpose

The purpose of this paper is to critically review the process of urban land ownership reform in China. It seeks to illustrate how the detachment of the concept of land ownership from its significance in a planned socialist state has contributed to the development of a real estate sector, and how the concept of land ownership should now be regarded in the new era of marketization. In particular, it focuses on the widespread influences of political forces in these processes.

Design/methodology/approach

The paper analyses relevant legislation enacted within the People's Republic of China. This analysis is undertaken within the context of the social, political and economic changes that have occurred within the country during the period under consideration.

Findings

Two findings emerge from the study. First, an economic‐based notion of land ownership has evolved in China as a consequence of the economic and social changes accompanying the process of economic liberalisation. This reflects the elimination of political forces in defining land values in the new era. Second, however, the involvement of political power in the process of land asset distribution is shown to have led to market distortion. This may, in turn, lead to market failure and social conflict. For the development of a healthy real estate market, the influences of these political forces should, therefore, be restricted through a process of ongoing reforms.

Originality/value

The paper presents a detailed analysis of the impact of political forces on the changed patterns of land allocation in transitional China. The country's unique social background and system of land tenure have not previously been subjected to detailed scholarly attention. The research published in this paper suggests further possibilities for China's continuing system of land ownership reform and also contributes to a redefinition of the concept of land ownership in the new era of marketization and globalization.

Details

International Journal of Law in the Built Environment, vol. 2 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 4 July 2011

Ming‐Hsuan Lee

This paper seeks to use data from China between 1929 and 1933 and provides new empirical evidence to the debate over the impact of land ownership and land‐renting systems on…

424

Abstract

Purpose

This paper seeks to use data from China between 1929 and 1933 and provides new empirical evidence to the debate over the impact of land ownership and land‐renting systems on agricultural productivity.

Design/methodology/approach

The authors estimate the OLS regression to determine the relationship between land ownership (and land‐renting systems) and farmers' productivity.

Findings

The findings suggest that land ownership was not a major factor in determining farmers' productivity; instead, agricultural infrastructures and institutions had the greatest influence on agricultural productivity. Furthermore, different renting systems generated different impacts on farmers' behavior: sharecropping reduced farmers' productivity while fixed rental contracts had no significant impact on farmers' productivity.

Practical implications

This paper has two important policy implications for developing countries. First, agricultural policy that aims to raise agricultural productivity should focus more on improving agricultural infrastructures and institutions than on blindly supporting land privatization. Second, policymakers should promote fixed rental contracts over share contracts because fixed rental contracts were shown to have a smaller adverse impact on farmers' incentives.

Originality/value

This paper uses data from China and provides new evidence on the relative importance of land ownership and agricultural infrastructures/institutions in agricultural production. China is a country with a long agricultural history and a long‐standing well‐developed tenancy system. The case of China may therefore provide answers to policymakers in other developing countries.

Details

International Journal of Development Issues, vol. 10 no. 2
Type: Research Article
ISSN: 1446-8956

Keywords

Article
Publication date: 13 March 2009

Darrel Moellendorf

The purpose of this paper is to evaluate the accounts of self‐ and world‐ownership in the social philosophy of Henry George, and a Georgist social theorist Nicolaus Tideman.

353

Abstract

Purpose

The purpose of this paper is to evaluate the accounts of self‐ and world‐ownership in the social philosophy of Henry George, and a Georgist social theorist Nicolaus Tideman.

Design/methodology/approach

The accounts of George and Tideman are evaluated using the tool of conceptual and logical analysis.

Findings

The paper argues that although the institutional proposals of Georgist are important and worth serious consideration, there are fundamental problems with the Georgist accounts of self‐ and world‐ownership.

Practical implications

The Georgist institutional recommendation of a land tax is not necessarily rejected by the criticism of the Georgist accounts of self‐ and world‐ownership.

Originality/value

The value of this paper derives from its careful analytic evaluation of the most basic concepts of the Georgist tradition. It serves, then, as a philosophical evaluation of that tradition and of those parts of the tradition that Georgism share with libertarianism generally. It also serves as a comparison of the basic commitments of Georgism and liberal egalitarianism.

Details

International Journal of Social Economics, vol. 36 no. 4
Type: Research Article
ISSN: 0306-8293

Keywords

Article
Publication date: 20 September 2024

Samia Mohamed Nour and Ebaidalla M. Ebaidalla

In light of the inequality in access to farming land and the high prevalence of child malnutrition in Sudan, there is a lack of empirical research on the relationship between land

Abstract

Purpose

In light of the inequality in access to farming land and the high prevalence of child malnutrition in Sudan, there is a lack of empirical research on the relationship between land ownership and child nutritional status. This study aims to examine the influence of agricultural landholding on the nutritional status of children under the age of five in rural Sudan.

Design/methodology/approach

The study utilizes data from Sudan’s 2014 Multiple Indicator Cluster Survey (MICS), covering a sample of 10,753 rural children. The empirical analysis uses the two-stage least squares (2SLS) approach, adopting various estimation methods and model specifications for robustness check and comparison.

Findings

The results demonstrate that agricultural land has a positive and significant effect on reducing child malnutrition, signifying that children from families with agricultural land are less susceptible to malnutrition in Sudan. When examining the male and female sub-samples separately, the findings indicate a positive influence of land ownership on child malnutrition in the female sub-sample, while no significant impact is observed in the male sub-sample. This indicates a gender disparity in the effects of land ownership on child nutrition, with girls benefiting more from access to agricultural land compared to boys.

Originality/value

The study has several significant contributions. First, this is the sole study that examines the impact of agricultural land ownership on child malnutrition in Sudan. Second, considering the gender variations in nutritional status, investigating the influence of land ownership on child nutrition across genders addresses a significant gap in the current literature. Finally, the findings resulting from this study can contribute to achieving the United Nations Sustainable Development Goals (SDGs) to be achieved by 2030, precisely focusing on SDG2 Goal 2: Zero hunger and SDG 10: Goal 10: Reduced inequalities.

Details

China Agricultural Economic Review, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1756-137X

Keywords

Article
Publication date: 6 July 2023

Abebe Hambe Talema and Wubshet Berhanu Nigusie

This study aims to investigate key aspects of public ownership of land, expropriation and compensation laws and practices in Ethiopia with special reference to Burayu Town.

Abstract

Purpose

This study aims to investigate key aspects of public ownership of land, expropriation and compensation laws and practices in Ethiopia with special reference to Burayu Town.

Design/methodology/approach

A mixed research technique of descriptive and analytic approach is applied in the research. This study used a purposive sampling technique to select case study counties and a systematic method for sampling households. Questionnaire surveys, focus group discussions, interviews and observations were used to collect empirical data. Average, percentage and paired-sample t-test analyses are used for quantitative data analysis.

Findings

Significant discrepancies exist between the expropriation laws and how property valuation and compensation are practiced in Ethiopia. The findings include the arbitrariness in designating public interest status to projects; unfair property valuation practice that neglects location factor to determine market value due to a skewed understanding of public ownership of land; and the assignment of property valuators who have no valuation expertise and proper knowledge of expropriation related laws. Findings revealed the socio-economic status of expropriated households has deteriorated due to the expropriation of their landholding.

Research limitations/implications

It was difficult to locate the relocated persons as they were resettled in different localities. Furthermore, the town officers were not forthcoming to provide complete information on the expropriation and compensation procedures they followed. However, this study overcame the limitations through persistent requests and availing time for the data gathering.

Practical implications

The findings indicated the need to redefine relationships between public ownership of land, public interest and expropriation of landholding. A proper understanding of the triad will pave the way for better expropriation practice in Ethiopia and in countries where land is under public ownership.

Social implications

The social implication of the study revealed that the socio-economic situation of relocated persons was adversely affected due to the poor implementation of laws.

Originality/value

The disparity between public ownership of land and the rights of citizens on landholding is misunderstood by policymakers. Research has shown for the first time the root cause for the discontent of expropriated persons in Ethiopia.

Details

Property Management, vol. 42 no. 1
Type: Research Article
ISSN: 0263-7472

Keywords

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