What Is Land Tenure System?
The land tenure system is the way in which land is owned and managed. The legal framework defines the rights and responsibilities of those who own, occupy or use land. The type of tenure system in place often determines who has access to land, how the land can be used, and how the land can be transferred from one person to another.
There are three main types of land tenure systems: private, public, and communal. In a private land tenure system, the land is owned by individuals or corporations. Private landowners have the right to use their land as they see fit, subject to any regulations that may be in place.
Public land tenure systems are those in which the government owns and manages the land. The government may allow individuals or groups to use particular parcels of land, or the government may simply use the land itself to meet public goals.
Communal tenure systems are those in which all members of a community have access, use rights, and responsibilities for a given area of land.
What Is Land Tenure System In Nigeria?
The land tenure system in Nigeria refers to the country’s land ownership and control system. It is the process of granting property ownership to people, legal entities, businesses, and natural entities based on how the land is used.
This method strives to protect the public and ensure the long-term viability of human habitats. It is a complex system that has evolved over time and is governed by a combination of customary, statutory, and common law.
The system is based on the principle of “first come, first served,” with land being allocated to those who first occupy or use it. This system has led to a situation where a large proportion of the population does not have formal title to the land they occupy.
The system is also characterized by a high degree of inequality, with a small number of people controlling a large amount of land. There have been a number of reforms to the system in recent years, but it remains a complex and contested area.
What Are The Types Of Land Tenure Systems?
There are four major types of land tenure systems, each of which has a set of distinctive features: nationalized, freehold, leasehold, and customary.
- Nationalized- The nationalized land tenure system is the most widely used one in Nigeria. It is commonly referred to as the “state-held-land”. This system involves the government taking ownership of land and then distributing it to those who need it. During this time, the government may impose various taxes or entail legal obligations on those who use or occupy the land. The state will normally administer the land using a staff such as a Land Office or Land Authority, headed by a State Lands Administrator.
- Freehold – A freehold land tenure system refers to property that can be freely transferred without any restrictions or conditions attached to it. Freehold title can also be obtained through inheritance or purchase.
- Leasehold – This is a form of land tenure where the owner rents out the rights to use his land to another party, usually in return for payment. There are two types of leasehold schemes: outright and mortgage. Under an outright lease, the owner retains ownership but allows the lessee use of the property under certain conditions, while a mortgage lease gives an owner security by securing a lien on a plot and requires the lessee to pay monthly rent.
- Customary- This is another form of tenure system in which customary law governs land ownership and use rights. Although it is not legally recognized, customary land tenure is often the most practical and successful of the four types.
The main feature of customary land tenure is that title to land can be passed down through generations as part of a family inheritance or gift. It is primarily used in rural areas, where people’s names are mostly known and respected.
What Is Communal Land Tenure System?
A communal land tenure is a traditional form of land ownership and management in which groups of individuals with common interests share rights to an area of land for its long-term use and sustainability.
It is usually practiced by indigenous communities who have lived in a particular area for generations or are otherwise invested in its upkeep.
In communal systems, all members of the community have equal rights to use a given piece of land. They may be able to transfer their rights to someone else within the group, or they may pass it down through generations along with other family property.
The responsibilities associated with membership in the community often mean that rules must be followed and norms adhered to when using or managing the land.
What Is Customary Land Tenure System?
Customary tenure refers to a system of rules and norms that control the allocation, use, access, and transfer of land and other natural resources in a community. The acquisition and retention of customary tenure rights are usually passed down through families and groups.
The most important form of customary land tenure is that of communal ownership, which is used by indigenous communities. The community members all share equal land rights.
They can transfer their rights to someone else within the community, or they may pass the land on to the next generation along with other family property.
What Is Freehold Land Tenure System?
The Freehold Land Tenure System is a legal system in which land is owned by individuals or groups rather than by the government. This system was first developed in England in the Middle Ages and has since been adopted in many other countries.
The benefits of the Freehold Land Tenure System are that it ensures that land is owned by individuals or groups rather than by the government. This system is also more democratic, as it allows more people to participate in the ownership of land.
The freehold system is favored by those who believe that land should be considered private property and owned by individuals.
What Is Land Tenure System In Agriculture?
The International Fund for Agricultural Development (IFAD) takes a holistic approach to land tenure in its initiatives, in which tenure security for impoverished rural women and men includes secure access to water, forests, fish, and other natural resources as well as land.
It also includes individual, familial, communal, and collective community tenure rights. The overarching objective is to improve the socio-economic status of smallholder farmers, with a special focus on women who are most affected by exclusion from land tenure security.
What Is Land Tenure System In India?
Land Tenure System in India refers to the various statutory and customary laws governing the land tenure system in India. India’s land tenure system comprises three main land ownership types under British rule: Zamindars, Mahalwari, and Rayatwari.
Zamindars- Zamindars are the most dominant group of landowners in the agricultural sector. They hold about 50 percent of the cultivable land in India and about 70 percent of the revenue from agriculture.
The Mahalwari System- Mahalwari system was introduced as part of a program to transfer land from Zamindars to tenants under government supervision. The program gave tenants the first option to purchase their plots, but it did not cover all types of transactions.
It did not allow underprivileged sections such as women and other weaker sections to buy their own property. The system did not give ownership rights to tenants, but rather to the village or district. The system ended in 1962 by the act of the state legislature of Gujarat.
Arayatwari System- Arayatwari system was the most liberal in its operation since it allowed a wide range of transactions, including land transfers between landlord and tenant.
The rights allowed were a result of the government’s policy of transferring land from landlords to tenants in a bid to redistribute ownership and reduce inequality between landlords and tenants. This resulted in greater representation of lower castes as well as Muslims in positions of power.
In addition to these three types of land ownership, the fourth type of land is also important: common lands – Common lands are state or community-owned lands that are used for public and private purposes. Common lands can be deeded or un-deeded.
In the former case, common land is registered and can be bought and sold at the market price. Un-deeded common land cannot be bought or sold unless it is registered.
What Is Land Tenure System In Uganda?
Uganda has four types of land tenure systems: customary, mailo, freehold, and leasehold.
With customary tenure, the family head owns all the land that is used for farming and all other household activities. The family head is responsible for the maintenance and use of the land. Each family member has equal rights to use the land.
The mailo system is used in areas where European law prevails. In this system, the government owns all land but leases part of it to people who then hold it on contract for a fee that covers its use and maintenance. The lease contract can be inherited by heirs or sold to another person.
Land can also be owned under a freehold tenure system which gives ownership of the land to an individual holder or group of people, such as members of a family or tribe.
Under the leasehold system, individuals rent a piece of land from a company or government for a long-term period e.g. 10 years, and in return, they are given a piece of land to till and use for a fixed period of time e.g. 10 years.
Different types of leaseholds, such as short and long-term leases, can also be given to the landholders as in this case, the owners are not entitled to any legal right or ownership over the land because they are simply leasing it for a specific period of time on a monthly or yearly basis.