Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts.
Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership, is a globally ubiquitous phenomenon.
Sovereignty, in common law jurisdictions, is often referred to as absolute title, radical title, or allodial title. Nearly all of these jurisdictions have a system of land registration, to record fee simple interests, and a land claim process to resolve disputes.
Indigenous land rights are recognized by international law, as well as the national legal systems of common law and civil law countries. In common law jurisdictions, the land rights of indigenous peoples are referred to as aboriginal title. In customary law jurisdictions, customary land is the predominant form of land ownership.
Land reform refers to government policies that take and/or redistribute land, such as a land grant.
Land rights refer to the inalienable ability of individuals to freely obtain, use, and possess land at their discretion, as long as their activities on the land do not impede on other individuals' rights. [1] This is not to be confused with access to land, which allows individuals the use of land in an economic sense (i.e. farming). Instead, land rights address the ownership of land which provides security and increases human capabilities. When a person only has access to land, they are in constant threat of expulsion depending on the choices of the land owner, which limits financial stability. [1]
Land rights are an integral part of Land Laws, as they socially enforce groups of individuals' rights to own land in concurrence with the land laws of a nation. Land Law addresses the legal mandates set forth by a country in regards to land ownership, while land rights refer to the social acceptance of land ownership. Landesa takes the stance that although the law may advocate for equal access to land, land rights in certain countries and cultures may hinder a group's right to actually own land. [2] Laws are important, but they must be backed up by cultural tradition and social acceptance. Therefore, laws concerning land ownership and land rights of a country must be in agreement.
Globally, there has been an increased focus on land rights, as they are so pertinent to various aspects of development. According to Wickeri and Kalhan, land ownership can be a critical source of capital, financial security, food, water, shelter, and resources. [3] The UN Global Land Tool organisation has found that rural landlessness is a strong predictor of poverty and hunger, [4] and negatively impacts Empowerment and the realisation of Human rights. [5] In order to home in on this critical problem of inadequate land rights, The Millennium Development Goal 7D strives to improve the lives of 100 million slum dwellers. [6] This includes increased land rights for impoverished people, which will ultimately lead to a higher quality of life. [3]
Although land rights are fundamental in achieving higher standards of living, certain groups of individuals are consistently left out of land ownership provisions. The law may provide access to land, however, cultural barriers and poverty traps limit minority groups' ability to own land. [7] In order to reach equality, these groups must obtain adequate land rights that are both socially and legally recognised.
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Several scholars argue that women's lack of sufficient land rights negatively affects their immediate families and the larger community, as well. [7] [8] [9] With land ownership, women can develop an income and allocate this income more fairly within the household. [10] [11] Tim Hanstad claims that providing sufficient land rights for women is beneficial because, once women can exercise those rights the following will be promoted: [12]
In many parts of the world, women have access to land in order to farm and cultivate the land; however, there are traditions and cultural norms which bar women from inheriting or purchasing land. [7] [11] This puts women in a place of dependence on their husbands, brothers, or fathers for their livelihood and shelter. [9] Should there be an illness, domestic violence, or death in the family, women would be left landless and unable to either grow crops for food, or rent land for profit. Land ownership for women is a crucial form of security and income, increasing Empowerment and decreasing Poverty.
Kanakalatha Mukund makes the important point that although women in India have the legal right to own land, very few actually do as a result of the patriarchal practices which dominate the nation. [13] Up until recently, Indian women have been left out of laws regarding the distribution of public land and were forced to rely on the small possibility of obtaining private land from their families. [9] Inheritance laws which cater towards men are one of the key issues behind inequality in land rights. According to Bina Agarwal, land ownership defines social status and political power in the household and in the village, shaping relationships and creating family dynamics. [9] Therefore, inheritance of land automatically puts men above women both in the household, and in the community. Without political pull in the village, and with limited bargaining powers within the household, women lack the voice to advocate for their own rights. [9]
Another issue with land rights in India is that they leave women completely dependent on the lives of their husbands. A study by Bina Agarwal found that in West Bengal, prosperous families turn destitute when the male head of the household dies, as women are not permitted to take over their husband's land. [9] Also, due to cultural tradition, the higher the status of the woman, the less likely she is to have any developed skills that would be useful in finding work. [9] These women are forced to beg for food and shelter once their husbands die because they have not been allowed to gain work experience. [9]
Bina Agarwal argues that land ownership significantly decreases the chance of domestic violence against Indian women. [10] Owning property elevates women to a higher status within the household, allowing more equality and bargaining power. In addition, owning property separately from their husbands allowed women an opportunity of escape from abusive relationships. [10] Agarwal concluded that the prospect of a safe shelter outside of the main household decreases the longevity of domestic violence. [10]
Land rights are critical for women in India due to the heavily patriarchal society in which they live. Cultural perspectives play a key role in the acceptance of equality within land ownership. Women owning land ultimately benefits the household and society as a whole. [8]
The most recent advance towards equality in land rights in India was the Hindu Succession Act of 2005. This act aimed to remove the gender discrimination which was present in the Hindu Succession Act, 1956. In the new amendment, daughters and sons have equal rights to obtain land from their parents. [14] This act was both a legally and socially important move for women's rights to land. Not only did it legally mandate equality in land succession, it also validated women's roles as equals in society.
Uganda's 1995 Constitution enforces equality between men and women, including the acquisition and ownership of land. [15] However, research from Women's Land Link Africa reveals that women remain excluded from land ownership due to customs and deeply ingrained cultural habits. [16] Even when women save up enough money to purchase land, the land is signed in their husband's name, while women sign as the witness. [16] Inheritance practices are a particular obstacle which reduces women empowerment, as well. Land is passed down through male lineage which reinforces women's exclusion from land ownership. [17] Another detriment to equality, pointed out by Women's Land Link Africa, is that women lack sufficient knowledge about the rights they have under the law to own land. [16] Rural, illiterate women do not even have access to the new constitution which guarantees them land rights.
Although the 1995 Constitution provides for equality between men and women, there are still gaps in the law which affect women's rights to land. The law protects the rights to land of wives in marriage; however, it does not address the needs of widows or divorcees. [17] Consequentially, these women are left landless and without the protection land offers. Also, women have a difficult time taking cases to court due to corruption and expensive trials. [16] The trials concerning land take so long to process that many women do not even attempt to seek legal assistance.
Women's Land Link Africa provides suggestions to alleviate inequality in land ownership. Rural women can be educated about their rights through radio campaigns, community discussions, educational outreach programs, and public forums. [16] The cultural nuances must be addressed in policies and community leaders can be educated about inclusion of minority groups. [16] Also, the law itself can address the rights of widows and divorcees in addition to the rights of married women. [16]
Land, a seemingly permanent fixture, is constantly changing hands through purchase, inheritance, and development. Land law governs these interactions, establishing a framework for ownership, use, and dispute resolution. Understanding its core principles is crucial for anyone involved in land transactions.
The Foundation: Property Rights and Interests At the heart of land law lies the concept of property rights. These rights, as defined in Law No. 27/2021 of Rwanda Governing Land [2], empower individuals or entities to possess, use, enjoy the benefits of, and dispose of land. Ownership, the most comprehensive right, allows for complete control over the land. However, land law recognizes various other interests, such as: Easements: These grant specific rights to use another's land, such as a right of way for access (s. 102, Law No. 27/2021 [2]). Leases: Leases grant temporary possession and use of land for a specified period (s. 132, Law No. 27/2021 [2]). Balancing Rights and Responsibilities Land ownership comes with responsibilities. Landowners must comply with zoning regulations and environmental protection laws (s. 61, Law No. 27/2021 [2]). Additionally, they have a duty to avoid causing harm to neighboring properties (Section 101, The Cabinet Approved Orders to Implement New Land Law [1]).
The Intricacies of Transferring Land Land transactions require adherence to specific legal procedures. Law No. 27/2021 [2] outlines the process for transferring ownership rights, ensuring a smooth and secure exchange. This typically involves registration with the land authority and the creation of a title deed (National Land Authority [3]).
Dispute Resolution Land disputes are inevitable. Land law provides mechanisms for resolving them, such as mediation or litigation. Courts play a crucial role in adjudicating ownership claims, boundary disagreements, and breaches of land use restrictions (Law No. 22/2018 of 29/04/2018 relating to the Civil, Commercial, Labour and Administrative Procedure [4]).
Conclusion Land law is a complex but vital area of law. It underpins the foundation of real estate transactions, promotes responsible land use, and ensures fairness in resolving disputes. By understanding its core principles, individuals and entities can navigate the legal landscape of land ownership with confidence.
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different parties.
In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land "owned" by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs. In other words, land tenure implies a system according to which land is held by an individual or the actual tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as the Crown, held land in its own right. All land holders are either its tenants or sub-tenants. Tenure signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in relationship to the land. Over history, many different forms of land tenure, i.e., ways of holding land, have been established.
Usufruct is a limited real right found in civil law and mixed jurisdictions that unites the two property interests of usus and fructus:
Human rights in Uganda have trended for the past decades towards increasing harassment of the opposition, cracking down on NGOs which work on election and term limits, corruption, land rights, environmental issues, womens, children and gay rights. In 2012, the Relief Web sponsored Humanitarian Profile – 2012 said Uganda made considerable developments Since at least 2013 the Freedom in the World report by Freedom House has identified Uganda as a country considered to be "Not Free".There are several areas of concern when it comes to human rights in Uganda, and the "Not Free" classification is due to both low political rights and civil liberties rankings.
The right to property, or the right to own property, is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons and where it is used for production rather than consumption. The Fourth Amendment to the United States Constitution is credited as a significant precedent for the legal protection of individual property rights.
The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.
Feminism in India is a set of movements aimed at defining, establishing, and defending equal political, economic, and social rights and opportunities for women in India. It is the pursuit of women's rights within the society of India. Like their feminist counterparts all over the world, feminists in India seek gender equality: the right to work for equality in wages, the right to equal access to health and education, and equal political rights. Indian feminists also have fought against culture-specific issues within India's patriarchal society, such as inheritance laws.
Bina Agarwal is an Indian development economist and Professor of Development Economics and Environment at the Global Development Institute at The University of Manchester. She has written extensively on land, livelihoods and property rights; environment and development; the political economy of gender; poverty and inequality; legal change; and agriculture and technological transformation.
Women in Uganda have substantial economic and social responsibilities throughout Uganda's many traditional societies. Ugandan women come from a range of economic and educational backgrounds. Despite economic and social progress throughout the country, domestic violence and sexual assault remain prevalent issues in Uganda. Illiteracy is directly correlated to increased level of domestic violence. This is mainly because household members can not make proper decisions that directly affect their future plans. Government reports suggest rising levels of domestic violence toward women that are directly attributable to poverty.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.
Women's property rights are property and inheritance rights enjoyed by women as a category within a society.
Intra-household bargaining refers to negotiations that occur between members of a household in order to arrive at decisions regarding the household unit, like whether to spend or save or whether to study or work.
East Timor is a multiparty parliamentary republic with a population of approximately 1.1 million, sharing the island of Timor with Indonesia's East Nusa Tenggara province. During the 24 years of Indonesian occupation and after the 1999 independence referendum, pro Indonesian militias committed many human rights violations. The country gained independence in 2002, and free and fair elections were held in 2007. The United Nations Integrated Mission in East Timor (UNMIT) and the International Stabilization Force remain in the country while it develops its own security forces, the National Police (PNTL) and Defence Forces (F-FDTL).
Chinese property law has existed in various forms for centuries. After the Chinese Communist Revolution in 1949, most land is owned by collectivities or by the state; the Property Law of the People's Republic of China passed in 2007 codified property rights.
Landesa Rural Development Institute is a nonprofit organization that works with governments and local organizations to obtain legal land rights for poor families. Since 1967, Landesa has helped more than 180 million poor families in 50 countries gain legal control over their land.
Gender inequality both leads to and is a result of food insecurity. According to estimates, women and girls make up 60% of the world's chronically hungry and little progress has been made in ensuring the equal right to food for women enshrined in the Convention on the Elimination of All Forms of Discrimination Against Women. Women face discrimination both in education and employment opportunities and within the household, where their bargaining power is lower. On the other hand, gender equality is described as instrumental to ending malnutrition and hunger. Women tend to be responsible for food preparation and childcare within the family and are more likely to be spent their income on food and their children's needs. The gendered aspects of food security are visible along the four pillars of food security: availability, access, utilization and stability, as defined by the Food and Agriculture Organization.
The Indigenous Peoples' Rights Act of 1997 (IPRA), officially designated as Republic Act No. 8371, is a Philippine law that recognizes and promotes the rights of indigenous cultural communities and Indigenous peoples in the Philippines.
The Uganda Women's Network (UWONET) is a Ugandan non-governmental organization (NGO) working to advance public policy regarding women's rights. It is an umbrella organisation of national women's NGOs and individuals operating in East Africa. The executive director is Rita H. Aciro-Lakor.
Women in agriculture in China make up a diverse group of women who support agricultural activities in their country. Because China is a large country, rural women should not be considered a monolithic group, but instead have different strategies for success based on group or family relationships.
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Law No. 27/2021 of 10/06/2021 Governing Land, Republic of Rwanda [2] (https://www.rema.gov.rw/home) The Cabinet Approved Orders to Implement New Land Law [1] (https://www.environment.gov.rw/news-detail/the-cabinet-approved-orders-to-implement-new-land-law) National Land Authority [3] (https://www.lands.rw/home) Law No. 22/2018 of 29/04/2018 relating to the Civil, Commercial, Labour and Administrative Procedure [4] (https://www.rema.gov.rw/our-work/link/land)
