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Land Use Policy 85 (2019) 218–229

Contents lists available at ScienceDirect

Land Use Policy


journal homepage: www.elsevier.com/locate/landusepol

Land tenure-related conflicts in peri-urban areas: A review T


a,⁎ b
Hashem Dadashpoor , Ahani Somayeh
a
Urban and Regional Planning Department, Faculty of Arts and Architecture, Tarbiat Modares University, Tehran, Iran
b
Faculty of Arts and Architecture, Tarbiat Modares University, Tehran, Iran

A R T I C LE I N FO A B S T R A C T

Keywords: The rapid increase of urban population during the 21 st century has led to the expansion of metropolises and
Conflict increased demand for land in peri-urban areas, which are often the object of compulsory land acquisition to
Land cover urban development processes. Such a process leads to widespread land tenure changes in a specific system
Land tenure of rights, relationships, and institutions that contradict the nature of land as an essential and limited commodity.
Conflict of power
These changes continuously create the potential for land tenure conflicts in peri-urban areas, which are often
Conflict of interests
Legal and normative conflict
complex and lead to violent, insecure, and unstable disputes. While many efforts have been made to explain the
Peri-urban area conflicts related to land tenure, and researchers have examined it from various aspects, there is still a deep gap in
the integrated understanding of land tenure-related conflicts in peri-urban areas. Thus, the purpose of this study
is to provide a comprehensive and systematic review of selected sources in order to explain the conflicts related
to land tenure in peri-urban areas. In this regard, a meta-synthesis approach was used to review the types of land
tenure-related conflicts in the conducted studies to integrate their results. So, 126 sources of land tenure conflicts
were identified. The frequency of these sources shows that land tenure-related conflicts in peri-urban areas can
be classified into three main categories. The first category considers conflicts in relation to the different interests
of land (conflicts of interests-55.3%). The second category attributes them to conflicts among individuals, in-
stitutions with one another, or between individuals and institutions (conflicts of power - 23.8%), and 20.9%
emphasize on the "conflict in legal and normative frameworks". With these in mind, it is obvious that the ex-
planation of land tenure conflicts in peri-urban areas from different levels and dimensions is crucial for achieving
sustainable land tenure.

1. Introduction (Adam, 2014d; Dadashpoor and Salarian, 2018; Dadashpoor et al.,


2019a). These lands are often the object of compulsory acquisition to
Our planet is becoming an urban planet. During the last century, the cover urban development processes (Wehrmann, 2008; Narain, 2009;
contribution of the urban population of the world has risen from 15 Mburu, 2014). At the same time, the tenure system of such lands is
percent to over 50 percent (Fazal, 2013). Specifically, an increase in constantly changing that provokes disturbances (Doebele, 1987;
urban population has pushed the boundaries of large cities, and espe- Toulmin, 2006; Metternicht, 2018; Duvernoy et al., 2018). These
cially metropolises, towards adjacent peri-urban areas, and these areas changes result from inconsistencies and incompatibilities of rights,
will be the dominant form of urbanization in the twenty-first century procedures, requirements, and liberties of individuals, groups, institu-
(Dupont, 2007; Djiré, 2013; Adam, 2014d; Dadashpoor and Nateghi, tions in the access, ownership, utilization, and control of land.
2017). In other words, spatial expansion is reflected in the particular In fact, new forms of human-land relations in these areas with
processes of peri-urbanization in the form of blended spaces-between complex functional relationships, lead to changes in land rights, ex-
urban centers, rural spaces, and transitional spaces-that are subject to tensive changes in rules and regulations that were invented by societies
numerous physical, socio-demographic, cultural, and economic changes to regulate behavior in relation to the land, confused and ambiguous
(Kakoi, 2013). The increase in the population of metropolises in the responsibilities and ineffective restraints of individuals, groups, and
world and their spatial expansion toward peripheral areas is accom- institutions. In general, changes in peri-urban lands lead to the dis-
panied by an increase in demand for land, which can be occurred pri- ruptive outcomes of the land tenure system and conflicts that result
marily through the conversion of peri-urban lands, especially agri- from it, with short-term and long-term effects. These conflicts are often
cultural lands, in the margin of the existing built-up peripheral areas complex and, if not resolved, would make the context for tenure


Corresponding author.
E-mail addresses: H-dadashpoor@modares.ac.ir (H. Dadashpoor), ahanisomayeh7@gmail.com (A. Somayeh).

https://doi.org/10.1016/j.landusepol.2019.03.051
Received 30 April 2018; Received in revised form 7 March 2019; Accepted 29 March 2019
0264-8377/ © 2019 Elsevier Ltd. All rights reserved.
H. Dadashpoor and A. Somayeh Land Use Policy 85 (2019) 218–229

insecurity, acute shortage of housing, haphazard and unregulated land diverse and may belong to many people and are formed in different
development, illegal and informal land transactions, and institutional ways (Von Bend-Beckmann et al., 2006 Lombard, 2016). There may
fragmentation (Everett, 2001; Nkwae, 2006; Grant, 2010; Djiré, 2013; also be types of different tenure systems.’ For example, it is possible that
Mburu, 2014; Morshed and Asami, 2015; Ghebru and Lambrecht, 2017; there is a high level of security and limited rights to use, develop or sell
Li et al., 2018; Zeng et al., 2018). Also, these lead to complex laws and land, or a limited level of security but a wide range of tenure
serious disagreements in many societies, which are usually associated rights’(Payne and Durand-Lasserve, 2012:2). In peri-urban areas also,
with violence, insecurity, and instability (especially, as they relate to there are various forms of land tenure, such as private tenure, gov-
wider processes of political isolation, social discrimination, economic ernment tenure, public/communal tenure, free access, and informal
marginalization) and increasingly threaten peri-urban lands tenure tenure. Some of them may provide various rights for landowners; while
(Van Der Zwan, 2010). some others include very limited or limited rights (Adam, 2014d).
While many efforts have been made to explain land tenure-related Also, land tenure is considered a social structure, which includes a
conflicts, and researchers have examined their various aspects such as set of institutions, policies, procedures, and constraints that determine
concepts, causes, types, implications as well as methods for their eva- how land is accessed, who can use it, and how long and under what
luation and management, there is a deep gap in the integrated under- conditions (Bruce et al., 2010; USAID, 2008). This social structure in-
standing of land tenure conflicts in peri-urban areas, and the sources volves a set of complicated rules created by societies (Fischer, 1995;
available in this field are scattered and incoherent. Focusing on these Adam, 2014d). It regulates how land access, use, control, transfer
conflicts can provide a new approach to understanding and solving the rights, the patterns of land distribution and protection, as well as re-
complexities of land tenure issues in the peri-urban areas. Thus, the lated responsibilities and constraints are necessary to achieve policy
purpose of this study is to provide a comprehensive and systematic goals (FAO, 2002; Bruce and Holt, 2011). The social structure is very
review of selected sources in order to explain land tenure-related con- complicated in peri-urban areas; because these areas are interwoven
flicts in peri-urban areas, which is a product of inappropriate devel- with institutional structures, procedures, policies and responsibilities,
opment planning and control. Because of the multi-lateral issues of land and numerous and complicated constraints that overlap in most cases
tenure in peri-urban areas, it is necessary that these issues are taken (Hudalah, 2010).
into account from different levels and directions, and as long as sus- It is widely acknowledged that well-designed land tenure has the
tainable land tenure and appropriate management solutions are not potential to represent the value of land and increase socio-economic
created for the land, they will not dwindle. What will be discussed in development (De Soto, 2000; Payne, 2001; Adam, 2014d). Some of
this article is that, in light of the review of selected sources, what are them are highly formalized and subject to statutory control, while
the dimensions of land tenure-related conflicts in the peri-urban areas others are informal and based on traditional customs. All types of
as a result of the growing demand for land in the increasing urbani- communities, including those in peri-urban areas, have their own te-
zation process? It is expected that this review will help understand the nure mechanisms which help determine the rights and limitations of
status of land tenure and defines the framework for land tenure issues in individuals and groups in relation to land (Libecap, 1993; Adam,
these areas. 2014d).
In sum, in peri-urban areas, the term ‘land tenure’ could be used to
2. Land tenure in peri-urban areas denote a concept, process or institution. The concept includes an ex-
tensive set of registered and informal rights, responsibilities, obliga-
The land is, in fact, a vital factor for production, the backbone of life tions, and restraints associated with land. The process reflects in the
(Mburu, 2014), and a main source for the product and the wealth base form of relationships between individuals, groups, or institutions with
of the countries (De Soto, 2000). The peri-urban environment can in- attention to access, control, management, and transfer of land, and as
clude a part of urban lands or the margins of urban areas and lands with an institution, it implies a form of contractual or customary arrange-
distance from the city. These lands may also include urban and rural ments and procedures, management requirements, responsibilities and
lands that have officially or informally been occupied (Allen et al., constraints that govern a piece of land. Land tenure arrangements in
1999; Nkwae, 2006). Peri-urban landscapes are becoming increasingly these areas are always in a state of change. This can be due to con-
fragmented in the mosaics of various land uses, and the unbridled tinuous and rapid urbanization, demand and competition for land in
growth of urban activities in the city's fringes will make wider peri- response to new housing needs, the extreme inconsistency of interests,
urban developments (McGee, 2008). These changes largely resulting ambiguity in responsibility and power, legal issues, authoritarianism.
from urban sprawl have caused the land to be one of the most con- These changes are not linear, simple and predictable, and continuously
troversial issues and the main source of conflicts in these areas. One of provide the potential for conflict in these areas, which is in contra-
the most important issues is competition for land for various purposes diction with the nature of principled and systematic land tenure.
of urban development, which may lead to changes in land use and its
tenure (Wehrmann, 2008). 3. Materials and methods
The term tenure is derived from a Latin word for ‘holding’ or ‘pos-
sessing’ land. Therefore, land tenure refers to the manner in which land In order to respond to the goals and questions raised in the study,
rights are held, used and transacted (Bruce, 1998). In other words, land the methodological process is based on a systematic review. A sys-
tenure as a means of preserving land refers to the relationship of in- tematic review is a deliberate, explicit, and repetitive way for identi-
dividuals or groups with respect to land (FAO, 2002; Bruce and Holt, fying, evaluating and synthesizing a set of studies available by re-
2011; Panichvejsunti et al., 2018). These relationships, which have searchers, scholars, and practitioners that, according to their nature, are
grown over thousands of years and reflect the nature and needs of a able to address a much wider range of questions than that of individual
particular society, are complex and vary between different countries studies (Fink, 2013). With regard to the dispersed and inconsistent
depending on their history, culture, and legal system (Williamson et al., collection of studies carried out in the field of land tenure conflicts, the
2010; Adam, 2014d). need for a comprehensive and systematic approach in this area is ur-
In peri-urban areas, the relationships between people and the land gent, which will be realized through the systematic review process. In
are constantly changing as a result of interactions and potential pres- order to achieve this goal, the meta-synthesis approach was selected to
sures on land (Tacoli, 1998), and land tenure issues may not have a examine carefully the main arguments, data, and outcomes of studies
certain stability. On the other hand, land tenure is often considered a on land tenure conflicts. This approach, in addition to integrating the
set of rights (Kvitashvili, 2004) to determine the rights of different in- results of previous researches, attempts to reflect on their processes
dividuals or groups to use land (Kasanga, 1994). These rights are (Paterson et al., 2001). Considering that, the meta-synthesis approach,

219
H. Dadashpoor and A. Somayeh Land Use Policy 85 (2019) 218–229

Fig. 1. Research process (developed by the authors).

was conducted in three stages: recognition, survey, and analysis process was followed repeatedly by studying the title, abstract, and the
(Fig. 1). entire article text in the cyclic process. Finally, 126 sources were se-
It should be noted that meta-study is a kind of systematic review lected from scientific journals, dissertations, research reports, scientific
which has been used to examine, synthesize and analyze the researches conferences, and book summaries in the subject field, for the final
that have been done in a particular field in recent years and according survey as the statistical society of the study. Fig. 2 show their frequency
to the need for research, implies the four fields such as meta-synthesis, in the three periods considered in the research.
meta-method, meta-analysis, and meta-theory (Bench and Day, 2010). After identifying the selected sources, the second stage (survey) was
In the first stage (recognition), a systematic review of sources was followed by three steps reading, relationship, and translation. In the
organized through four steps of identification, screening, competence, first two steps (readings and relationship), the text of the selected
and inclusion. In the first step (identification), the selection of study sources was studied and their relationship with each other was ex-
was done by purposive sampling - a sampling of a small number of units amined to extract key concepts. For this purpose, the text of the studies
from a larger target population - and by searching for a wide range of was analyzed using open coding method and, based on the coding unit
keywords related to the subject of scientific databases, Scopus, (line-phrase-paragraph), each unit was assigned a code (concept, name,
Springer, Wiley, and Proquest. Finally, 250 sources were obtained. In tag). This process continued to the extent that the code or the concept
the second step (screening), three criteria of the time interval, impact could be able to saturate the maximum conceptual and semantic space.
factor, and review of the title or abstract were considered. Accordingly, So, in the first stage, 20 codes including "tenure insecurity"," unplanned
250 selected sources in the first step were evaluated, taking into ac- settlements without recognized and registered land rights", "the effects
count the 25-year time period (1993–2001, 2001–2009, 2010–2018), of speculation on the land tenure mechanisms", "inefficient procedures
having an impact factor of 0.5 to above and explicit mention of the of land management","the coexistence of different land tenure systems",
subject in the title or abstract. In this step, 173 sources were selected. In "claim and competition for land rights","procedures of multiple sales/
the third and fourth steps (worthiness and inclusion), the review allocations/rent", "institutional fragmentation/legal pluralism in the

220
H. Dadashpoor and A. Somayeh Land Use Policy 85 (2019) 218–229

Fig. 2. The frequency of statistical society of research in the period of 1993–2018 (developed by authors).

land tenure system”, “increasing uneven distribution of land", "con- conflict of interests; 23.8% of them consider conflicts of power as the
frontation of the customary and legal systems of land tenure", " the main contributors to the conflicts, and 20.9% emphasize on the "con-
effect of market fluctuations on the land tenure mechanisms", "loss of flict in legal and normative frameworks". The share of these categories
land rights of local residents (rural)", "unguaranteed of efficient land is about 98, 42 and 37, respectively (Fig. 3).
tenure", "ambiguity on the boundary of land parcels", "challenges re- NVIVO10 software was used for all of the above stages due to in-
lated to the political economy", "eviction or destruction of informal crease in speed and accuracy. This software is among the specialized
settlements", "conflicts related to inheritance/gender", “the lack of land text-oriented data-analysis software which provides the possibility of
registration"," instability and inefficiency of land tenure rules”, and text editing, searching, categorizing, processing, modeling and re-
“people's distrust of the governing institutions" were identified from porting from different parts of the project for the researcher (Bazeley
selected sources, which formed the basis for the sub-categories and the and Jackson, 2013).
next major categories.
Some sources have referred to a type of land tenure conflict (code), 4. Conflicts of land tenure in the peri-urban areas
while others have referred to several types of land tenure conflicts.
Therefore, the total number of times referred to each conflict (codes) in Based on the logic of categorization (addressed in methodology),
the selected sources (126 sources) was 176, according to which the land tenure conflicts in peri-urban areas can be explained in three more
percentage of the extracted codes was calculated. general clusters of "conflict of interest", "conflict of power", and "legal
In the next step (translation), with the concepts extracted from the and normative conflict" in different dimensions related to the interests
first level coding, it was tried to transform key concepts into one an- of land tenure, power and domination of beneficiaries under contra-
other and to produce and extract the major subcategories. In fact, with dictory norms and rules (Fig. 4).
the aim of using the most meaningful or abundant primary codes for One of the fundamental dimensions affecting land tenure conflicts
screening and reducing a large amount of data, the extracted codes in peri-urban areas is a conflict of interest, including revealed and
were put under semantic examination and analysis, and similar and hidden conflicts between individuals, groups, and institutions in dif-
common codes were included in the subcategories. Thus, the data ferent dimensions related to the benefits resulting from land rights,
(codes-concepts) was reduced to 10 major sub-categories, including people's relationships with the land and the mechanisms of the in-
“need-oriented conflicts", "market-oriented conflicts”, “inheritance/ stitutions that affect it. It involves a wide range of types of disagree-
gender conflicts", "individual-individual conflicts", "individual-institu- ments and inconsistencies that can lead to conflict, violence or antag-
tional conflicts", "institutional-institutional conflicts", "local-interna- onism. The interests and motives associated with land are so wide-
tional conflicts", "contextual conflicts”, “procedural conflicts", "func- spread that sometimes are confronted with one another, especially
tional conflicts". when the two sides are in the same position with respect to different
Finally, in the third stage (analysis), using the selective coding interests (Wehrmann, 2008). These benefits can result from the need as
method, sub-categories were regularly compared and subtly over- a factor in human activity and motivation. Disregarding the needs of
lapping sub-categories were put next to each other to get reached into individuals due to the limited resources, social status, and power or
the major categories. These categories include "conflict of interests”, value systems leads to hostile and conflicting behaviors of the involved
“conflict of power", and “legal and normative conflict". In this regard, actors for most basic need as a need for shelter with minimum security
the use of previously considered categories was avoided; instead, the (Rakodi & Withers, 1995; UN-Habitat, 2003; Tettey et al., 2008;
categories were derived from the data. Therefore, all the codes and Broegaard et al., 2017.(In the case of non-supply, it will lead to the
subcategories extracted from data were categorized into three main formation of unplanned settlements where its residents are searching
clusters above-mentioned, displaying the relationships between codes for tenure security in extrajudicial and common factors (Alsayyad,
and subcategories. 2004; Stacey, 2018).
According to the study of sources, 55.3% of the researches believe Tenure security is definitely the case when, firstly, “a person’s right
that the major conflicts of land tenure in peri-urban areas are related to to land is recognized by other people and protected in cases of specific

221
H. Dadashpoor and A. Somayeh Land Use Policy 85 (2019) 218–229

Fig. 3. Codes, subcategories, and categories of selected sources (developed by authors).

challenges” (FAO, 2002:18). Secondly, decisions of the ruling powers between individuals, groups or institutions with regard to access, con-
on land, directly or indirectly, is based on the proper recognition of trol, management and transfer of land are not to be ruled out.
community-based rules and regulations. Thirdly, the relationships Therefore, the need and intense competition for land rights, along with

222
H. Dadashpoor and A. Somayeh Land Use Policy 85 (2019) 218–229

wide range of types of disagreements and inconsistencies that are ex-


ercised by those who hold power over others. Such struggles may take
place between individuals and institutions in their relative power over
land rights, in such a way as to use power to force people to do
something contrary to their inner will. In peri-urban areas, this emerges
in the form of dominance of strong power and influential actors on land
ownership of local residents and the daily threat of loss of property due
to eviction or destruction of informal settlements (Khan, 1994; Aalbers
and Eckerberg, 2011; Duvernoy et al., 2018). On the other hand,
overlapping tasks and performances of institutions and their domain of
fragmented and non-responsive power lead to legal pluralism in the
system of institutions governing land especially due to fragmented or
Fig. 4. Land tenure-related conflicts (developed by authors). overlapping legislation (Mattingly, 1999; Hui and Bao, 2013; Morshed
and Asami, 2015; Li et al., 2018). Such a situation in the interaction of
violations of land rights under poor protection and regulatory oversight international actions and forces with local agents and the effects of the
of governments, the inconsistency of the functioning of institutions, the strategy of pro-growth agenda of capitalist interests and global eco-
ineffectiveness of the requirements, procedures and mechanisms gov- nomic developments, lead to challenges such as the pressure imposed
erning the land as decision-makers on land, result in an increasing on land use changes and increasing impacts of global markets. (Logan
unequal distribution of land in peri-urban areas, which in most cases is and Molotch, 2007; Bruce, 2011; Pradoto, 2012; Lombard, 2016).
accompanied with conflict, disagreement, or struggle (Zhao, 2016). The last dimension is also related to conflicts in context, procedure,
Another conflict-provoking interest in peri-urban areas is the ben- and function of the land tenure system as a legal and normative conflict.
efits resulting from market mechanisms, which are mainly in the form Peri-urban areas are undergoing a rapid change in traditional land use
of informal markets, caused by speculation and its effects on a system of such as agricultural to urban land, that mainly due to lack of effective
rights, relations, and institutions governing the peri-urban lands. Such tenure mechanisms and inefficient laws, create conflict (Nkwae, 2006).
an approach through informal transactions and development leads to Also, the inefficiency of land management system procedures and
unguaranteed efficient land tenure, in which fluctuations in the price of multiple sales/allocations/rent procedures raises a wide range of types
the land will also have a major impact on it (Baranyi & Weitzner, 2006; of disagreements and inconsistencies (Aryeetey et al., 2007; Wehrmann,
Lombard & Rakodi, 2016; Adam, 2014c). Furthermore, land tenure can 2008; Zevenbergen et al., 2013).
be influenced differently by gender or ethnicity. Such disputes can be The coexistence of different tenure systems-informal tenure systems,
raised as another dimension of the conflict in interest, based on distrust along with formal and custom systems, also creates a complex set of
in each other by focusing on interests (Wehrmann, 2008; Muchomba, relationships in which functions and procedures related to each system
2017). may conflict with other systems, leading to multiple conflicts
The next dimension is the conflict of power that occurs when one of (McAuslan, 1987; Zhu and Simarmata, 2015). In the same vein, people's
the actors involved in the conflict has a tendency to dominate the op- distrust of the governing institutions also contributes to these conflicts.
position. This conflict intensifies sharply in peri-urban areas with the
particular complexity of land tenure systems. Such conditions can occur 4.1. Conflict of interests
among people with different needs, desires, goals, and values, due to
claims and competition for land rights, lack of contractual or customary As discussed above, the categories based on needs, market me-
arrangements and requirements for land registration and the ambiguity chanisms, and inheritance/gender are the most important dimensions
on the border between different parcels affected by the weaknesses and of peri-urban land tenure which, over time, create conflicts for benefits.
inefficiencies of the regulatory authorities (Home, 2013; Barnes and So, "need-oriented conflicts", "market-oriented conflicts" and "in-
Griffith-Charles, 2007; Wehrmann, 2008; O’Brien and Prendergast, heritance-gender conflicts" are dimensions that fall under the category
2013). of "conflict of interests" (Fig. 5).
This level of conflict, in fact, occurs when the carrying capacity
passes through and one person considers the behavior of another to be
4.1.1. Need-oriented conflicts
annoying, provocative or troublesome. Conflict in this sense involves a
Need is a motivating factor for certain types of behavior. The lack of

Fig. 5. Different dimensions of conflicts of interest (developed by authors).

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H. Dadashpoor and A. Somayeh Land Use Policy 85 (2019) 218–229

attention to need leads to tensions, conflicts and behavioral unrest. In - Lack of political support and policy incoherence, the weakening role
peri-urban areas, the need category can be addressed in a variety of of the state, conflicts related to participation in decision-making
ways that reflect specific aspects of behavior in each case. Metropolises between communities and external actors (Quan et al., 2005;
at the stages of their development, and after adding a few new shells to Baranyi and Weitzner, 2006; Broegaard et al., 2017; Ghebru and
their bodies, are not capable of growing in a continuous manner. Thus, Lambrecht, 2017).
they begin to disperse the population and activity discontinuously into - Rural immigration and land abandonment (FAO, 2002; Baranyi and
peripheral areas. This developmental pressure occurs when the peri- Weitzner, 2006; Wehrmann, 2008; Alarima et al., 2012 et al., 2012;
urban land planning system fails to respond to the demand and in- Ho, 2014).
creasing competition for land in meeting new residences and activity
needs. Thus, the unplanned and spontaneous functions of these areas Another consequence of need-oriented conflict that results in un-
lead to an overflowing environment of types of planned and non- controllable and unorganized development processes is largely due to
planned settlements with formal and informal land tenures. The con- the growing trend of shortage of land in peri-urban areas, which led to
sequence of such an event is the insecurity of land tenure, un- the migration of a growing number of people to informal settlements in
controllable and unorganized development processes without regis- these areas where the land rent is very low and the land is cheaper for
tered and recognized land rights and increasing uneven distribution of people who make their place of residence illegally due to needing (Un-
land. Habitat, 2003a; Nkwae, 2006; Grant, 2010; Gough and Yankson, 2011;
One of the most important of these dimensions is the need for tenure Adam, 2014b; Zhao, 2017). The specific feature of such an event is the
security with respect to guaranteeing of land rights and institutions lack of formal rights of lands that actors choose for their residential
(contractual or customary arrangements and procedures, management needs outside a legal framework (Ward et al., 1999; Barnes and Griffith-
requirements, responsibilities and constraints governing a piece of Charles, 2007; Galiani and Schargrodsky, 2010; Zhao, 2016; Stacey,
land). 2018). These areas that are mainly used for agricultural purposes and
Land tenure security guarantees that a person’s rights to land will be maintained by native farmers, are considered to be a targeted area for
approved by the community. Such rights are legal and are defined by informal housing and usually lack urban services and the required in-
land-related laws. This sense of security comes from estimating the frastructures. They are characterized by unlawful and informal sub-
probability of expulsion or other factors that threaten the property si- division of agricultural lands (Warf, 2006; Amanor, 2006; Owusu,
tuation and may cause an unwanted displacement (Van Gelder, 2009. 2008; Owusu and Agyei, 2008; Adam, 2014c; Inostroza, 2017).
Land tenure security responds to individuals, groups and institutions’ On the other hand, owners of peri-urban lands are the main sup-
perception of their rights to a piece of land on a continual basis, as well pliers of land for the informal market. They also play a vital role in the
as the ability to access, use, control, management, transfer (Mutanga- construction of illegal and non-standard houses in these lands
dura, 2007). In evaluating the criteria for a sustainable environment, (Huchzermeyer, 2011). As a result, informal settlements expand un-
tenure security is emphasized as an essential dimension (UN-Habitat, expectedly beyond the planned legal developments and ultimately lead
2003a); as far as many scholars consider, the root of many conflicts in to a change in the use of space and the structure of activity and affect
peri-urban areas is land tenure insecurity (Mburu, 2014). Such an event the land tenure mechanisms of the peri-urban areas (UN-Habitat, 2003;
can be manifested for a number of reasons that most notably are the Hudalah et al., 2007). Such mechanisms are not in conformity with land
following: use planning and legal requirements and may cause contradictions and
conflicts.
- Illegal tenure (De Souza, 1999, 2001; Satterthwaite, 2009; The third consequence of the need-oriented conflict is the increas-
Dadashpoor et al., 2010; Lombard, 2012; Ho, 2014). ingly uneven distribution of land, which is itself influenced by socio-
- Permanent threat (violence) especially for evacuation of settlement economic inequalities and results in the formation of local groups that
land that can be considered the most destructive shape of insecure respond to socio-economic inequalities in transition to market economy
tenure (Broegaard, 2005; Dadashpoor and Alizadeh, 2010; Arko- (André and Plateau, 1998; Broegaard, 2005; Syagga, 2006; Peters,
Adjei, 2011; Payne and Durand-Lasserve, 2012). 2009; Lombard & Rakodi, 2016; Zhao, 2016). Such factors are not in
- Deprivation or lack of access to basic services)Nkwae, 2006; UN- accordance with the mechanisms of the land tenure system and, finally,
Habitat, 2012). lead to conflict and violence.
- Social exclusion and homelessness, in particular, the lack of security
in informal settlements (Gilbert, 1998; UN-Habitat, 2012; Payne and 4.1.2. Market-oriented conflicts
Durand-Lasserve, 2012; Brueckner & Lall, 2015; Philip, 2015). Land in peri-urban areas is important and noteworthy for landlords,
- Changes in land legislation, decrease in investment and housing urban dwellers, private developers, non-governmental and govern-
consolidation and distortions in land prices (Doebele, 1994; Rakodi mental institutions and informal settlers with competing interests and
and Withers, 1995; Ubink, 2008; Reerink and van Gelder, 2010; Ho, perceptions (Narain and Nischal, 2007). In these areas, the land is
2014). subject to speculation and market exchange - mainly an informal
- Inefficient governance, inconsistency in land policies (Kasanga and market - and its shortage is the result of legal barriers or market com-
Kotey, 2001; Aryeetey et al., 2007; Zevenbergen et al., 2013; petition, which places land in the monopoly of certain people (Bruce,
Murtazashvili and Murtazashvili, 2016). 2011). Such development may occur in official or informal form by
- Serious threats to native farmers and the loss of agricultural lands rural or urban stakeholders.
associated with food insecurity (Quan et al., 2005; Broegaard, 2005; In fact, the driving force of many actors in claim and competition on
Nkwae, 2006; Wehrmann, 2008; Arko-Adjei et al., 2009; Albertus land is maximizing profits that result from unfair occupation of land or
et al., 2018). through the abandonment of poor and deprived parts of the legal land
- Incompatibility with planning standards, construction, and market rights (Bromley, 1991; Barry et al., 2007; et al., 2007; Debolini et al.,
pressures (Gough and Yankson, 2000; Payne and Durand-Lasserve, 2015; De Rosa, 2018; Obeng-Odoom and Van Gyampo, 2017). There-
2012; Barry and Danso, 2014; Choplin and Dessie, 2017). fore, development of land in peri-urban areas is not a simple process of
- Extensive poverty (Gilbert, 1998; De Soto, 2000; FAO, 2002; land transfer from rural to urban use; it is rather a complex process that
Broegaard, 2005; Amanor, 2006; Alarima et al., 2012 et al., 2012). involves many factors such as a change in land tenure procedures and
- Lack of cohesion and social instability including conflicts and civil arrangements which affects land-related rights and relationships.
unrest)FAO, 2002; Broegaard, 2005; Magigi and Majani, 2006; Van In general, land speculation, the complexity and fluctuations of the
Der Zwan, 2010; Alarima et al., 2012 et al., 2012). land market with a high level of uncertainty, widespread disagreement

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H. Dadashpoor and A. Somayeh Land Use Policy 85 (2019) 218–229

and lack of true monitoring led to significant changes in land tenure relations and ultimately, due to the domination and infiltration of one
relations (Kasanga et al., 1996; Gough and Yankson, 2000; Lund et al., of the parties, leads to conflict and violence between them.
2006; Wehrmann, 2008; Bruce, 2011; Lombard and Rakodi, 2016) In general, "individual-individual conflicts", "individual-institutional
where there is no guarantee of an efficient system of land tenure and conflicts", institutional-institutional conflicts, and "local-international
relationships and rights affected by it (Everett, 2001; McGregor et al., conflicts" are dimensions that fall under the category of "conflict of
2006; Masum, 2009; Djiré, 2013; Mburu, 2014; Adam, 2014c). Such power" (Fig. 6).
events lead to complex conflicts among various actors, reflecting the
different interests of actors involved in the process of land transactions
4.2.1. Individual-individual conflicts
and may be aggravated by the speculation of land (Lupala, 2002;
One of the dimensions of conflict of power is when the conflict
Syagga, 2006; Baranyi & Weitzner, 2006; Mahaphonh et al., 2007;
occurs between individuals who are opposite to each other and have
O’Brien and Prendergast, 2013; Morshed, 2014). Also, when the actors
different goals. These conflicts happen mainly due to the claim and
are the owners of rural lands, the continuous sale of land by them to
competition for land rights, the lack of land registration and ambiguity
gain profit would inevitably endanger legal, management, commu-
on the boundaries of land parcels. They result from heterogeneity, in-
nication procedures related to land (Becker, 2013). On the other hand,
consistency, and weakness in land tenure systems, including disputed
in conformity of interests and ignoring the role of unofficial actors such
resolution mechanisms, defense of rights, administration or manage-
as real estate developers can highly contribute to the conflict (Masum,
ment of land.
2009; Stacey, 2018).
The most common form of individual-individual conflicts is seen in
overlapping claims on ownership of a piece of land (Chitonge and
4.1.3. Inheritance/gender-oriented conflicts Mfune, 2015). This happens often in cases when the land was obtained
Inheritance/gender-oriented conflicts are another type of conflict of through an informal market; and the conflict occurs among two or more
interest in peri-urban areas. These conflicts relate to inheritance dis- persons in possession of some documents, indicating that they have
putes between siblings about a piece of land inherited resulting from purchased the land (Plateau, 1996; Nkurunziza, 2007; Cadstedt, 2010;
inheritance rights (Mahaphonh et al., 2007; Wehrmann, 2008). In some Napier, 2013; Liu et al., 2018). Sometimes the claim of ownership for a
cases, limited rights of land due to discrimination by law, custom, or specific property is in the event that there is no land registration, or in
practice are a controversial issue which is more prominent in cases of bad conditions or destroyed (Fourie, 1998; Wehrmann, 2008;
gender discrimination, particularly in female-headed households. For Murtazashvili and Murtazashvili, 2016).
example, women often only get access to land through a male relative, Also, the conflicts on the boundaries of fixed parcels from a math-
making them vulnerable in cases of divorce or widowhood (Deininger ematical geometric dimension in size, shape, and location are another
and Castagnini, 2006; Kalabamu, 2006; Ali et al., 2014; Muchomba, type of individual-individual conflict in these areas which faces issues
2017). related to land ownership with numerous problems. The indistinct
border deals with the uncertainty of the border between neighbors
(Arko-Adjei et al., 2009). It can be said that the origin of boundary
4.2. Conflict of power
conflicts often lies in the corrective work of the surveyor, and is due to
inappropriate, inaccurate, and vague legal descriptions about land)-
Fig. 6 illustrates the importance of power-oriented categories in
Gough & Yankson, 2000; Wehrmann, 2008; Chitonge and Mfune, 2015;
peri-urban areas which its acquisition by individuals or institutions
Mburu, 2014; Fitzgerald, 2017).
causes command, control, or influence the behavior of individuals or
other institutions. Power is a property to do affairs and influence others
to make changes in their behavior. Such a property is based on re- 4.2.2. Individual-institutional conflicts
lationships. This relationship requires both sides: one that applies and The types of heterogeneity between individuals and institutions in
another that is applied to him. In peri-urban areas, the two sides of this the peri-urban areas are due to the ability of individuals or institutions
relationship can be individuals or institutions with each other and or to achieve goals and advance their interests (Wehrmann, 2008). These
individuals and institutions in a mutual relationship due to their dif- lead to conflicts that are the result of intense and sometimes violent
ferent interests and the result of a competitive environment (Aalbers competition to control the area and its future development (Cernea and
and Eckerberg, 2011). Therefore, the power category in the land-re- Guggenheim, 1993; Marx, 2016). In fact, increasing demand for land
lated major components is reflected in the individual-individual, in- for urban purposes and compulsory land acquisition by governments
dividual-institutional, institutional-institutional and local-international usually results in the loss of land rights of local landowners/farmers and

Fig. 6. Different dimensions of conflict of power (developed by authors).

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H. Dadashpoor and A. Somayeh Land Use Policy 85 (2019) 218–229

the problems in their livelihoods (Toulmin, 2006; Aalbers and 4.3.1. Contextual conflicts
Eckerberg, 2011; Duvernoy et al., 2018). In other words, when influ- These conflicts are related to the contextual challenges in peri-urban
ential and powerful actors are demanding land in the peri-urban areas, areas. As the metropolitan areas expand to their periphery, they exceed
most of the land rights of local residents are endangered (Alsayyad, into areas where customary/traditional land tenure systems have been
2004; Wehrmann, 2008). “The rural landholding right, which is ex- used for a long time (Gough and Yankson, 2000; Allen, 2003; Nkwae,
pected to be exercised for a person’s lifetime, will automatically be 2006; Becker, 2013). This development often leads to a constantly
canceled and replaced by the leasehold system” (Adam, 2014d: 1973), changing mosaic of both traditional and modern land use and therefore
leading to the displacement of local peripheral communities from the requires complex policies and programs (Allen et al., 1999; 2003;
lands where they lived and farmed (Toulmin, 2006; Arko-Adjei et al., Haregeweyn et al., 2012; Duvernoy et al., 2018). This is while such a
2009; Adam, 2014a; Metternicht, 2018). Also, millions of people are process coupled with the unplanned transfer of land rights in the per-
threatened with daily deportation from their homes with little or no iphery of the metropolis occurs in conditions of land illegal conversion
compensation (Cernea and Guggenheim, 1993; Khan, 1994) and the and expansion without control of the land black market (Arko-Adjei
government also threaten to demolish informal settlements built on et al., 2009; Hui and Bao, 2013). Under these circumstances, the con-
private or public lands due to land scarcity and severe speculation. In frontation between the customary and legal systems of land tenure may
general, when land rights disappear, tenure becomes insecure and cause rivalry, disagreement, and in some cases violence (FAO, 2002;
provides grounds for violent conflicts in peri-urban areas. Magigi and Drescher, 2010; Adam, 2014b). On the other hand, the
instability and lack of clarity in regulations related to land tenure lead
to conflicts, which can be manipulated and changed in favor of the
4.2.3. Institutional-institutional conflicts owners of power) Trefon, 2011; Barry and Danso, 2014(. It is also
One of the most fundamental challenges in peri-urban areas is the possible that the new regulations will be passed irrespective of the past
domain of fragmented and non-responsive power and multilevel po- ones, leading to conflict on land tenure policies (World Bank, 2015;
licies that causes major problems in the changing tenure system of these Yuanyuan et al., 2018).
areas (Adell, 1999; Von Benda-Beckmann, 2001; Kvitashvili, 2004;
McGregor et al., 2006; Nolon et al., 2013; Morshed and Asami, 2015). 4.3.2. Procedural conflicts
Legal pluralism between different institutions coupled with overlapping The procedures relating to peri-urban land tenure lead to conflict for
duties and legal and normative frameworks (Nkwae, 2006; Hudalah, two reasons. First, inefficiency in land management procedures make
2010(, may lead to inconsistent local and personal actions and help the environment for conflict and, second, lack of monitoring and
increase the physical fragmentation and dispersion of the spatial management mechanisms, lead to conflict-generating procedures, such
structure. Such an occurrence is often reflected in the uncertain legal as multiple sales, allocations, and rents of land. The prevalence of in-
position of the land, where its ownership may be disputed with formal markets and the inefficiency of land allocation in a fair and
squatters and improvements to it may go unauthorized (Huchzermeyer, sustainable way, sometimes resulting in a frequent supply of a piece of
2011). Overall, fragmented institutions/legal pluralism in the land te- land (Wehrmann, 2008), requires a flexible and responsive manage-
nure system hinders the achievement of sustainable objectives on a ment approach in order to guide the land tenure arrangements in these
wider regional scale and ultimately leads to conflict in these areas. areas, facilitate decision-making, and support implementation of those
decisions at all levels (Arko-Adjei et al., 2009; Chitonge and Mfune,
4.2.4. Local-international conflicts 2015). Land management with the goal of providing plentiful land,
The last dimension of the conflict of power is the interaction of guiding the growth of cities, and ensuring their performance due to the
macro processes with local factors. Peri-urban areas are subject to in- limited control of land use and regulatory standards, as well as illegal
creasing international impacts on local factors with the mechanisms of land tenure mechanisms are highly important in the peri-urban areas
the customary land tenure system. One of these effects can be capitalist (Zevenbergen et al., 2013; Barry and Danso, 2014).
dominance. From the perspective of the leading growth strategy driven Both government and customary institutions govern the changing
by the interests of capitalism, the city is considered a growth machine. tenure system in this area and have not coordinated strategies. This
It seeks to exploit hinterland resources to optimization of urban causes that the peri-urban lands face governance challenges- inefficient
economy performance. Governmental agencies and private sectors are land management-, especially in illegally and informally built-up sec-
converted into a development regime that considers economic growth tors (Fourie, 1998; Fekade, 2000; Mahaphonh et al., 2007; Besussi
scores as the most important indicator of success (Logan and Molotch, et al., 2010). These factors lead to conflict in peri-urban areas and,
2007). Their functions cause peri-urban areas to be faced with the therefore, require the attention of the appropriate institutional and
challenges posed by dispersed industrial development and the growing legal organizations to arrange specific tasks to meet the demand for
effects of global markets such as the pressure imposed on land use land and housing in a fair and sustainable manner.
change, or loss of agricultural lands)Leaf, 2002; Logan and Molotch,
2007; Pradoto, 2012; Dadashpoor et al., 2019b(. 4.3.3. Functional conflicts
Obviously, in all of these cases, local factors matching international ’Peri-urban areas are often subject to intensive constructions
mechanisms take place without paying attention to land tenure system through both formal and informal processes’ (Lombard, 2016:2700).
mechanisms and lead to various and often contradictory conflicts in Such processes lead to the duality of the land tenure system- informal
behavior (coercion or cooperation), attitudes (perceptions, beliefs, land tenure systems alongside formal systems- in these areas
feelings), and internal structure (competitive material, relational (Deininger, 2003; Mutangadura, 2003; Magigi and Drescher, 2010).
structure interests) (Lombard, 2016). These systems create complex relationships and structures in peri-urban
areas (Barry and Danso, 2014; Adam, 2014b; Zhu and Simarmata,
2015). This is while the functional approaches and procedures of each
4.3. Legal and normative conflict system are inconsistent with other systems and their mechanisms may
have more social legitimacy than the other. For example, informal
Legal and normative conflict can be considered one of the conflicts mechanisms of land may have more social legitimacy than formal sys-
in peri-urban areas in three dimensions of context, procedure, and tems (IISD, 2007; Lombard, 2016). Thus, the co-existence of different
function of the land tenure system. Therefore, "contextual conflicts", land tenure systems in peri-urban areas (formal and legal/informal and
"procedural conflicts", and "functional conflicts" are dimensions that fall illegal) lead to the creation of complex and dual relationships, which
under the category of "legal and normative conflict" (Fig. 7). their contradiction ground for contextual conflicts in these areas. Also,

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H. Dadashpoor and A. Somayeh Land Use Policy 85 (2019) 218–229

Fig. 7. Different dimensions of legal and normative conflict (developed by authors).

people's distrust of governing institutions in land tenure mechanisms (conflict of power - 23.8%).
leads to illegal actions by them and provides grounds for conflict in 3 The third group considers a weakness in common legal and nor-
these areas. In other words, if people cannot trust institutions to resolve mative frameworks (such as customary systems of land tenure,
land tenure conflicts in peri-urban areas, they often act in ways that are conventional management arrangements and mechanisms, changing
out of the law (Trefon, 2011; Mburu, 2014; World Bank, 2015). and instability of rules and regulations), as the major cause of land
tenure conflicts in peri-urban areas (legal and normative conflict,
5. Conclusions 20.9%).

Urbanization in many countries pushes the border of the main These conflicts originate from an extensive set of registered and
metropolises to peri-urban areas, and the growing demand for land in informal rights, relationships between individuals, groups, or institu-
these areas leads to the formation of a mixed space with various and tions with attention to land and contractual or customary arrangements
often contradictory conflicts, especially land tenure-related conflicts. and procedures, management requirements, responsibilities and con-
This powerful trend in most countries is the product of inappropriate straints that govern a piece of land. It is obvious that the explanation of
control of development and planning, concentration, accumulation of land tenure conflicts in peri-urban areas from different levels and di-
poverty, and the informal economy. mensions is crucial to achieving sustainable land tenure.
In other words, peri-urban lands around the metropolises are often This article, with a deep understanding of the issues and challenges
subject to compulsory or optional seizure because of the growing de- associated to land tenure in the peri-urban areas, adds a new dimension
mand for land for urban development purposes and consequently lose to the study of peri-urban areas; it provides the basis for future studies
their primary nature. Such change can transform the nature of land use to propose effective measures for resolving conflicts and mitigating
in these areas in response to the new needs of activity and settlement. In their adverse impacts. In general, the explanation of land tenure-related
this regard, the land tenure is also influenced by a set of rights, in- conflicts including inconsistencies and incompatibilities in the interests,
stitutions, and relationships of individuals with the land, and manifests the mechanisms of power and the legal and normative frameworks in
itself in a constantly changing situation. Such a situation, due to the the mutual interaction, is an important step towards guiding the con-
different interests of land tenure, power and domination of stake- sequences of peri-urbanization and controlling its growth, leading to
holders, and conflicting norms and laws provides the conflict contexts effective solutions at the area level.
of land tenure which have been discussed by urban and regional re-
searchers over the past decades. Acknowledgments
Many theoretical and empirical studies in this field, focus on issues
such as how the changing existing land tenure systems; however, The authors would like to thank professor J.A. Zevenbergen and
available studies are scattered and non-coherent. In this study, attempts three anonymous reviewers for their constructive comment.
were made to classify available studies and present results through a
systematic review and meta-synthesis approach. The results showed References
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