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The Community Land Act in Kenya

Journal Articles & Books
December, 2017
Kenya

Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered.

Avoiding the Worst Case Scenario:

Conference Papers & Reports
January, 2017
Africa
Latin America and the Caribbean
Asia

This paper examines whether national expropriation and land laws in 30 countries across Asia and Africa put Indigenous Peoples and local communities at risk of expropriation without compensation. In particular, this paper examines whether national laws ensure that communities are eligible for compensation and whether eligibility requirements effectively close the door on communities seeking compensation.

Innovations in Land Registry Management (Cross-Cutting)

Policy Papers & Briefs
January, 2018
Global

Land registries play a key role in protecting landholders against dispossession and promoting good governance and economic development. Effective land agencies provide efficient and accessible land registration services, transparent land information, and clear ownership records to prevent disputes. Accurate records of property rights provide a basis for delivering services such as water or electricity, levying property taxes, enforcing zoning and environmental laws, and are necessary (although not sufficient) for landholders to use their properties as collateral.

Draft preservation and development of agricultural land framework bill

Legislation & Policies
September, 2015
South Africa

To provide for definitions of terms used in the Act; to provide for the objects of the Act; to provide for the custodianship of agricultural land; to provide for the application of the Act and the guiding principles of interpretation and implementation of the Act; to provide for agricultural regulation pertaining to subdivision and

Preservation and development of agricultural land framework bill

Legislation & Policies
September, 2015
South Africa

To provide for definitions of terms used in the Act; to provide for the objects of the Act; to provide for the custodianship of agricultural land; to provide for the application of the Act and the guiding principles of interpretation and implementation of the Act; to provide for agricultural regulation pertaining to subdivision and

Communal Land Rights Act

Legislation & Policies
July, 1994
South Africa

To provide for the temporary protection of certain rights to and interests in land which are not otherwise adequately protected by law; and to provide for matters connected therewith

Deeds Registries Act 47 of 1937

Legislation & Policies
May, 1937
South Africa

To consolidate and amend the laws in force in the Union relating to the registration of deeds…1. (I) There shall be deeds registries at Cape Town, Kingwilliamstown, Kimberley, Vryburg, Pietermaritzburg, Pretoria and Bloemfontein, each to serve its respective area as defined in the Second Schedule to this Act. The Rand townships registration office at Johannesburg, shall also be a deeds registry, but only in connection with the registration of documents relating to immovable property in any township in the area served thereby as defined in the said Schedule.

Putting Community and Rights on the Map in Southern Kenya

Reports & Research
March, 2018
Kenya

Throughout 2017, Spatial Collective applied new technologies to the data capture element of land registration in order to test whether affordable tools for documentation of land exist, whether these tools can reach the accuracy standards required by the state, and whether communities can replicate the work of a professional surveyorTo do this, our research looked into the land demarcation process, determined whether new technologies were of quality and met national standards, and gauged the most cost-effective tools which are widely accessible to local c

Valuation of Unregistered Lands: A Policy Guide

Manuals & Guidelines
April, 2018
Global

This guide aims to support the process of valuation of unregistered land and property for the public and private agencies that undertake this exercise. It will be relevant for policy makers, local authorities, international finance institutions, investors, property developers, banks, civil society organisations, citizens, land owners, local communities and women’s groups.

Towards Transparency in Land Ownership: A Framework for Research on Beneficial Land Ownership

Reports & Research
June, 2018
Sierra Leone
Scotland

In many countries, unidentified private individuals and legal entities obtain significant economic benefits from land. This lack of transparency can make it harder for affected communities and governments to hold them accountable for land use decision-making and any sort of violation they commit. It can also leave investors open to risk if they do not know who is truly behind a company they are doing business with.