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Library Using local practices and records to secure individual tenure rights in common property situations

Using local practices and records to secure individual tenure rights in common property situations

Using local practices and records to secure individual tenure rights in common property situations
Lessons from the case studies on what might work on the ground

Resource information

Date of publication
October 2001
Resource Language
License of the resource

The paper asserts that in order to be effective it is important to work with and from existing tenure systems and to build upon them, rather than expect that they can be “demolished and replaced by efficient new systems”.  Experience both here and elsewhere in Africa also tells us that attempts to change tenure tend to result in a “defaulting” back to what is known, often with increased confusion and conflict over procedures and adjudication authorities.

Yet in areas that have densified over time, the traditional communal tenure has undergone rapid change. An extensive informal land market has developed and in some places this has been accompanied by the emergence of new self-appointed land allocators, which often have negative impacts on weaker people and families as accepted procedures and norms break down and opportunities grow for the powerful to exploit and gain.

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Authors and Publishers

Author(s), editor(s), contributor(s)

Ndabezinhle Ziqubu, Tessa Cousins and Donna Hornby

Geographical focus