Choosing legal forms to fit people’s tenure requirements

A common misconception in relation to common property situations is that the choice of the legal form will determine whether communal property institutions function well or not. The reality is that whether good, fair management and land administration takes place or not is often largely determined by issues like the following, which can undermine effective governance and land administration irrespective of which legal entity is used:

• Do the majority of residents understand and agree with how land administration processes work?

• Are there major conflicts within the group that hamstring decision-making?

• Does the committee understand its role, and have the capacities, resources and legitimacy to exercise authority?

• Can the members / residents hold the committee to account in practice?