Contents
Introduction 1
Land Markets: What are the Rules of the Game? 1
What Works and What Doesn't 1
The Political Dimension 2
Scope and Objectives of The Report 4
Targeted Audience 4
Structure of the Report 5
How Does the Formal System Work? 5
Why Is It Not Working? 5
What can be Done to Improve the Exixting Situation 5
II. The Formal Path: An Often Long and Confusing Journey Toward Legal Status 6
Access to Land 6
Getting Through the Land Registration Process 11
Getting Through the Land Development Process 12
III. What is Blocking the Land Management Process: The Governance of Land and the Gatekeepers 17
The Governance of Land 17
The Law 17
What is Wrong With the Existing Legal System in Developing Countries? 17
Who Gains and Who Loses From Such a Situation? 18
The Gatekeepers of the System: Issues and Trends 19
Central Government Bodies 19
Local Governments 22
Urban Development Authorities 24
Land Administration Agencies 27
Traditional Authorities 28
Private Consumers' Organizations: A Look at NGOs and Cooperatives 29
Nongovernmental Organizations (NGOs) 30
Cooperatives 33
IV. What is Blocking the Land Management Process: A Look at Policy Instruments 36
Property Rights 36
Forms of Land Tenure and Their Characteristics 37
Statutory Systems 37
Diversions from the Statutory Systems: The Many Shades of Informality
A Third Set of Tenure Systems: The Survival of Customary Systems 43
Policy Issues Related to Tenure 46
Freehold v. Leasehold 46
Landlord−Tenant Relations 50
Restrictions on Transactions 52
Techniques of Tenure Reform 54
Registration of Transactions and Titles 55
What is Land Registration? 55
Why is Registration Important? 57
Costs and Benefits of Registration 57
Registration for Whose Benefit? 57
Registration, Security of Tenure, and Resolution of Disputes 57
Registration and Revenue−Raising 58
What Hampers the Reform of Registration Systems in Developing Countries? 59
Institutional Problems 59
Technical Problems 61
Financial Problems 62
Motivation Problems 62
Land−Use Regulatory Framework 63
Impact of These Constraints on the Land Markets 65
Supply of Land 65
Costs of Development 66
The Way Forward 67
Is Deregulation the Way to Go? 68
What Should be the Role of the Planner? 69
Direct Public Interventions in the Acquisition of Land 70
Nationalization of Land 70
Compulsory Acquisition/Eminent Domain 72
What is the Purpose of Compulsory Acquisition 74
Land Banking 74
Clearance and Redevelopment/Resettlement 76
Land Readjustment 79
The Way Forward 80
Winners and Losers
V. The Path of Reform 83
Priorities and Principles 87
The Basic Issues in Urban Land Management 87
Strategies for Action 88
Equity 88
Efficiency 89
Flexibility 90
Participation 90
Framework for Reforms 91
Institutional Reforms 91
Administrative Institutions 91
Activities 91
Legal Institutions 93
Activities 93
Institutions of the Private Sector 95
Activities 95
Reforms of Instruments 96
Land Tenure 96
Activities 97
Registration 99
Activities 99
Land−Use Regulations 101
Activities 101
Public Intervention 103
Activities 103
Expected Results and Beneficiaries 105
Bibliography 107
Figures
Figure 2.1. Steps in the Acquisition of State Lands in Ghana 7
Figure 2.2. The Process of Preparing a Stool Land Lease in Kumasi, Ghana, Stage 1: Allocation 9
Figure 2.3. The Process of Preparing a Stool Land Lease in Kumasi, Ghana, Stage 2: Lease Preparation 10
Figure 2.4. Building Approval Process: Malaysia 14
Figure 2.5. Algeria Subdivision Approval 15
Figure 2.6. Algeria Building Permit Approval 16
Figure 3.1. Organization of Land Administration: Central Government of Indonesia 21
Boxes
Box 3.1 Institutional Arrangements for Land Management in Penang 20
Box 3.2 UDA: The Case of Lahore 25
Box 4.1 Madagascar: An Illustration of the Many Shades of Informality 40
Box 4.2 Invasions of Urban Land: The Case of Venezuela 42
Box 4.3 Urban Land Tenure Reform in the Peoples Republic of China 49
Box 4.4 Zanzibar 60
Box 4.5 Private Sector Land Registration in Brazil 61
Box 4.6 Malawi: From Deeds Registration to Title Registration 62
Box 4.7 Land Use Regulatory Framework: Some Definitions 64
Box 4.8 Land Development in Indonesia 67
Box 4.9 Korean Land Development Corporation 75
Box 4.10 Resettlement in Abuja, Nigeria 77
Box 4.11 Resettlement in Emmerton, Barbados 78
Box 4.12 Compensations Provisions in the Lesotho Highlands Water Project 82