Land tenure refers to laws and regulations that govern ownership and use of land. It is the relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land. The land is used here to include other natural resources like trees and water. rules of tenure define how property rights to land are to be allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. Land tenure simply determines who can use what resources for how long, and under what conditions.
LEARNING OBJECTIVES
By the end of this topic, you should be able to:
- Describe the meaning of land tenure.
- Explain the systems of land tenure.
- Describe the advantages and disadvantages of the different land tenure systems.
There are two main land tenure systems. These are:
- Individual land tenure system.
- Collective land tenure system.
INDIVIDUAL LAND TENURE SYSTEM
This is where an individual or a company has the right to the ownership of a piece of land. Individual land tenure systems include the following:
- Individual owner operator
This is a system in which the landowner operates the land to which he or she has exclusive rights.
Advantages of the individual owner operator system
- It creates an incentive to continuously conserve and improve the land.
- The owner has the freedom to do whatever he or she wants with the land, as long as it is legal.
- A farmer can pledge his or her title deed as security to obtain loans.
Disadvantages of individual owner operator system
- It may lead to unfairness or inequality in land ownership.
- It may lead to land fragmentation.
This is where the landowner, otherwise known as the landlord, transfers the right to the use of land to another person, that is the tenant, at a fee.
Advantages of tenancy system
- It enables people who have no land to have access to farmland.
- Where the agreement between the tenant and the landlord is legally binding, the tenant can invest more and increase his or her income.
- It enables the landlord to earn income by leasing the land.
Disadvantages of tenancy system
- There is no title deed to act as security.
- There is no incentive to make permanent investment on land.
- The method of rent payment may discourage the tenant from investing heavily in the land.
- There may be no motivation to put in place soil-conservation measures especially where the lease period is short.
This is where the state gives legal rights to individuals to own and use land for a specified period of time. The lease may be renewed or extended if it expires.
Advantages of leasehold
- It enables the state to earn income from the leased land.
- It provides the tenant with security and incentive to invest heavily, particularly if the leasehold period is long.
- Concession
A concession is an agreement between a company and a government on the use of land for a specified number of years. The concessionaire is usually a company or a corporation.
Advantages of concession land ownership
- It benefits the country by creating employment.
- The government earns revenue from taxation.
- It boosts inter-regional co-operation.
- It achieves good economic results due to high efficiency in land use and management.
Disadvantages of concession land ownership
- Companies may engage in monopolistic practices.
- Big losses may be incurred if the management is inefficient.
- Proceeds are repatriated to other countries if the ownership is wholly foreign.
- The organisations and their management can be liable to labour and social problems, which could negatively affect their economic performance.
COLLECTIVE LAND TENURE SYSTEM
This is where land is owned collectively by a group of people who have a common binding factor. This can be a clan or a co-operative society. Collective land tenure systems include the following:
In communal system, the right of ownership belongs to the whole community or a section of the community such as a clan or an extended family. No single individual can claim land ownership. This system is common among pastoralist communities.
Advantages of communal land tenure system
- There is no landlessness.
- There is no land fragmentation.
- Land is sometimes left fallow to allow pasture to regenerate and regain its fertility.
- It allows free movement of livestock.
Disadvantages of communal land tenure system
- There is no motivation to conserve land, leading to land degradation.
- Land disputes are common.
- There is no motivation to make long term investments.
- It is difficult to carry out planning.
- An individual cannot use land as security to acquire farm credit or loan.
- It is difficult to control pests and diseases.
- There are poor animal and crop husbandry practices, thus leading to low yields.
In this system, the right to land ownership is jointly shared among members.
Advantages of Co-operative land tenure
- There is high output due to use of skilled labour and high-quality inputs.
- There is better bargaining power in marketing produce.
Disadvantages of Co-operative land tenure
- In case of poor management, every member will lose.
- Individual members cannot have access to credit facilities by using the co-operative society title deed.
- State ownership
This is where the government or state controls land use, capital, enterprise, labour and marketing.
Advantages of state ownership land tenure system
- It generates income for the state.
- It provides employment to the citizens.
Disadvantages of state ownership land tenure system
- It may result to inefficiency which can lead to poor production and losses.
- It may lead to lack of motivation on employed personnel to improve and conserve the land.
