CADASTRE

By
Sophia Nagujja
 COURSE OUTLINE
• Cadastre (2 grps)
• Land registration systems (1 grp)
• Cadastral data (2 grps)
• Bundle of rights
• Land administration
• Sporadic Vs Systematic demarcation (FFP/SLAAC)
• Tenure security & systems
Objective
• To understand the role of the cadastre in the administration of Federal
or State or jurisdiction, its operation and components.
• To understand how cadastre contributes to tenure security
 History of Cadastres
• Babylonian 4000 BC
• Egyptians 3000 BC
• Italy 1600 BC
• Roman Empire 300 AD
• Doomsday Book 1076 AD
• Maria Theresia Cadastre 1792 AD
• Napoleonic Cadastre 1807 AD
• Computerized Cadastre 1980 AD
• Cadastre 2014
 The Definition of Cadastre
❑ The Cadastre is a land information system, usually managed by one or
more government agencies. Traditionally the Cadastre was designed to
assist in land taxation, real estate conveyancing, and land redistribution.

❑ A cadastre is normally a parcel-based, and an up-to-date land

information system containing a record of interests in land (e.g. rights,
restrictions, and responsibilities).

❑ It usually includes a geometric description of land parcels linked to

other records describing the nature of interests the ownership or control
of those interests, and often the values of the parcel and its
improvements.
 Definition of Cadastre (FIG)
• The International Federation of Surveyors Statement on
the Cadastre highlights the importance of the cadastre
as a land information system for social and economic
development from an international perspective and
recognizes the central role that surveyors play in the
establishment and maintenance of cadastre.
 Operationalization of the definition
❑ Effective land management requires land information,
for example information about land resource capacity, land
tenure and land use. The cadastre is the primary means of
providing information about land. The cadastre provides:

• Information identifying those people who have interest in

parcels of land;
• Information about those interest, for example nature and
duration of right, restriction of interest and responsibility;
• Information about the parcels, for example location, size,
improvements and value.
 Essential Elements of a Modern Cadastre
❑ Large scale maps
❑Registers (Calamazos, JRJs, Mailo register volume and folio (MRV),
white pages)
❑Cadastre must be complete
❑Each parcel must have a unique identifier
❑Cadastre must be dynamic
❑Information must be correct
❑Information must be public
❑Cadastre must be supported by a coordinated survey system
❑The cadastre must include an unambiguous definition of parcel
boundaries both in map form and on the ground.
 Cadastre
• A successful CADASTRE should provide
• security of tenure,
• be simple and clear,
• be accessible, and
• provide current and reliable information
• at minimum cost
Types of Cadastre
• Juridical/Legal Cadastre

• Fiscal Cadastre

• Multipurpose Cadastre
 Juridical/Legal Cadastre
❑ Is concerned with documenting rights and relating them to the land with
which they are associated. It is concerned with all forms of property rights.

❑ A written record or register containing information about each parcel, such

as the spatial information and the rights which relate to the land.

❑ Contains a detailed description of the parcel, in the form of either survey

maps or measurements.

❑ Supports land rights.

❑ As the information system which underpins land registration.

 Fiscal Cadastre
❑ An instrument for administering land tax and value policy.

❑ The information required to develop and maintain a fiscal

cadastre may be collected directly or indirectly through surveys
or from other sources, for instance details of land ownership
and their property boundaries.
 Multipurpose Cadastre
❑ Concerned with physical attributes such as man-made
objects and natural features associated with each land parcel,
abstractions, surveying and mapping data can also be
referenced to the parcel.

❑ Should be maps showing the location and different types of

physical features.
 Multipurpose Cadastre Cont’d
❑ Advantages directly beneficial from multipurpose cadastre are:

(i) an improved conveyancing system;

(ii) an improved cadastral survey system;
(iii) improved land use planning, land management and environment
management;
(iv) improved management of publicly owned lands,
(v) reduction of duplication; and
(vi) better control of land transactions.
 Multipurpose Cadastre Cont’d
• An extension of the basic cadastre, is an essential tool that can
include other information from various databases or registers,
and can be adapted for local needs. It is a basis for planning
for utilities, land information and development management.
 Organization of a cadastre
• An important part of a cadastre is the land registration, which
handles ownership and incumbrance data.
• A cadastre also provides data on land. Land and constructions
on land can be seen as objects and people as subjects, which
are a special kind of objects because they can act themselves.
• Subjects and objects and the links between them.
• The types of documents registered in a cadastre.
• Transfer document not deeds
• (state creates register of land holdings
• Conclusive evidence
 Land registration systems
❑ There are two opposite types of land registration systems
• Registration of title
• The registered rights serve as the basis of this system and only these rights are
valid to a third party.
• That principle works in both directions. Everyone may rely on the data listed
in the cadastre, but there is also the compulsion to inspect that data (for
example, to check if the person selling land is the owner).
• Documents like a contract or any other textual (for example, a certificate of
heirship or a judgment) or graphical document (a plat) are the basis for
changes in the cadastral data. Text documents are the basis for rights (for
example, ownership).
• Graphical documents only affect the number of different areas or the
boundaries of these areas.
• Each document requires tests to prove its legality because the cadastre
guarantees the correctness of the registered documents.
 Torrens title
• ESSENTIAL FEATURES
• Torrens system has two main elements as;
• title by registration,
• indefeasibility of title.
• The two are interdependent and essential to the system
 Title by registration:
• Section 54 of the R.T.A provides;
• “No instrument until registered in a manner herein provided shall be
effectual to pass any estate or interest in any land under the operation
of this Act, or to render such land liable to any mortgage.”
• “But upon such registration, the estate or interest comprised shall
pass... or be liable to the ....conditions set forth in the instrument or by
this Act...”
• Section 92 (2) is to the effect that upon registration of the transfer of the
estate, all powers, privileges, thereto shall pass to the transferee and the
latter shall there by become the proprietor.
• It follows from the foregoing that in the Torrens system title does not
pass by execution of the documents only but by the execution and
registration thereof
 Title by registration
• Once a proprietor of an estate or interest in land, the government
guarantees that his/ her title cannot be divested or attacked by rival
claims to the land except as prescribed under the RTA.
• The term indefeasibility of title is not referred to in the R.T.A in Torrens
system but its meaning and scope can be obtained from mosaic of
sections and these include;
• sec 59 (Certificate to be conclusive evidence of title, sec 64 Estate of
registered proprietor is paramount) , sec 176, which, except for a few
exceptions, protects the registered proprietor against any action for
ejectment or damages.
• Thus, production of the certificate of title by one in his or her name is
deemed an absolute bar against any legal action subject to a few
exceptions in the R.T.A
 Indefeasibility of Title
• The whole purpose of the indefeasibility principle was designed to
protect title of the registered proprietor from unregistered interests
and to save persons dealing with registered land

• The trouble of going behind the register book to investigate the validity
of title and possible rival claims to the land
 Principles of Torrens Title System
• Mirror Principle
• The Mirror Principle states that the title to any property will reflect all of the
current facts of the title. It will show the current owner and all outstanding
registered interests in the land, including mortgages, easements, and liens.
Zoning restrictions and similar matters generally will not show on the title.
• Curtain Principle
• The Curtain Principle means that the purchaser does not need to search behind
the current certificate of title because it contains all of the necessary current
information about the title.
• Insurance Principle
• The insurance principle reflects the obligation of the land titles registry to
guarantee the accuracy of every title to land. The registry maintains an
insurance fund so that if an error occurs, the injured party will receive
compensation.
 Registration of deeds
• The action of signing a contract or creating a plat forms the
basis of civil rights.
• The rights are valid even if the documents are not registered.
• The registration only secures the priority against later
documents.
• The registration grants no protection against existing but
unregistered (and therefore unknown) documents.
• This requires a title search to find out the actual legal situation
or the correct boundaries
Torrens System vs. Recordation of Deeds
• During the late 19th and early 20th centuries, the recording of deeds was far
less centralized and automated than today.
• Unlike the Torrens System, the deeds recording system maintains all records
on a property in a central municipal clearinghouse, often a county registrar.
• Under the recording system, the land is often referred to as “Abstract
Property."
• Any transfer of ownership under this (Deeds) system requires an exhaustive
search that would, ideally, uncover any irregularities in the history of the
property. During the late 19th and early 20th centuries, the recording of
deeds was far less centralized and automated than it is today. Sir Robert
intended his system to facilitate transactions under these conditions.
 Pros and Cons of the Torrens System
Pros
• Acceptance of the title in those
jurisdictions where there is proper
supervision of the original
procedures for transfer
• Certificate of Title usually easier to
work with than a title abstract
• Registration prevents acquiring a
property by adverse possession
against a registered owner
Cons
• Not widely accepted
• High initial expenses
• Cumbersome and slow
• Lack of trained personnel
causing inconsistencies in
recitals and other terms
• Possibility of erroneous filings
Pros Cons
• Acceptance of the title in those • Not widely accepted
jurisdictions where there is proper • High initial expenses
supervision of the original procedures for • Cumbersome and slow
transfer • Lack of trained personnel causing
• Certificate of Title usually easier to work inconsistencies in recitals and other
with than a title abstract terms
• Registration prevents acquiring a • Possibility of erroneous filings
property by adverse possession against a
registered owner
 Cadastral data
• A cadastre must hold a variety of data. These data are necessary for the
different tasks the cadastre must solve. The most important data are
❑ Technical data: A cadastre must provide technical data for three tasks:
– Positioning: The storage of the boundaries of the areas provides a link to
the real world and therefore provides the positional reference (Cood sys).
– Taxation: Calculation of the land tax requires the size of the piece of land
and data on the land use. The land use affects the productivity of land and,
therefore, the value of land. Then this value is the base for the land tax.
– Planning: Planning requires data on land use and constructions. Existing
constructions sometimes prevent other constructions (playgrounds should
not be next to highways). The current land use also provides evidence for
the value of land and therefore allows an estimation of the construction
costs
 Cadastral data Cont’d
❑ Legal data: The legal data splits into two parts.
• The first part is ownership data,
• the second part are encumbrances like mortgages.
• Legal data serves as guarantee for rights in a system with registration
of title, whereas a system using registration of deeds treats it as
additional information and does not claim completeness or
correctness.
• Contrary to technical data, legal data is either wrong or right. A
boundary, for example, may have an error band, which is not possible
for legal data.
❑ Additional data: A cadastre may also hold data that is neither
legal nor technical data. These data are additional data (e.g. postal
address).
 Subjects and objects in a cadastre
• A cadastre deals with subjects, objects, and rights as connections between these
three
• A cadastre provides data on land (object).

• Most of the data (for example, ownership data) relates to people, too.
• The subjects split into natural and juridical persons. A natural person is a human being. A
juridical person is an organization (for example, the country itself or a church) or a company.

• Rights provide connections between subjects and objects.

• Relationship amongst humans on the use of land; can be based on legal statute or traditional
norms and culture.
• A right is an idea and not a physical object. A right creates the connection by defining what
the subject may do with the object.

• The figure lists pieces of land and buildings as examples for objects.
 Documents in a cadastre
• Changes in cadastral data require a representation. Documents provide this
representation because they exist in reality and are objects describing cadastral
data.
• A bill of sale, for example, shows the old and the new owner and that reflects
the change of ownerships. A computer representation must store the contents
of the document.
• Typically cadastral documents contain two signatures (the owner of land and
the beneficiary). In some cases other people apart from the owner of the land must
agree to the document.
• The definition of a boundary, for example, requires the agreement of the
owners of the neighbouring land (freehold). Their signatures show their
compliance with the boundary resulting in the legal meaning of the boundary.
• The computer representation must reflect these aspects and must contain the
signatures of these people, too.
Documents in a cadastre
• The documents split into the following three categories:
• Legal changes: There are three types of legal changes:
– Transfer of rights: Sales or inheritances transfer the right of ownership
from one person to another.
– Establishment of rights: If the owner of a parcel transfers a part of his
right of ownership to another person (e.g. he allows that the other person
walks across the parcel), he establishes a new right (the right of way in the
example). This is a new right because it did not exist as a separate right
although the owner has it implicitly as a part of the right of
ownership.(Subdivision)
– Deletion of rights: Rights created as described above can be deleted if
they are not necessary any more. (Deceased)
 Documents in a cadastre Cond’t
• Changes of technical data: The owner of land must subdivide the
area he owns if he wants to sell a specific part of his land. This
subdivision changes the number of areas stored in the cadastre. The
action requires a document to reflect the change. Changes of land use
also change the cadastral data and, therefore, require documents.

• Changes of additional data: Additional data may change, too. The

postal address may change (e.g. if the name of the street changes). A
cadastre must reflect that change. However, the old address must
remain in the cadastral data because old documents may name that
address. Therefore, the change requires a document.
 User interaction
• People want to use the cadastre if they want to secure or acquire rights on land.
• The pieces of land a cadastre deals with are called parcels. They are pieces of land
with a determined boundary and a unique ownership situation.
• In case of a sale the person buying a parcel wants to inspect data (before the
sale), change data (change the person registered as the owner), and (eventually)
add new data (like a mortgage)
• Therefore, everybody must have the right to inspect data stored in a cadastre to
check the legal situation, the position (in the real world) and the size of a parcel.
Everybody with a valid document of sale must be able to register the document.
• However, the other actions must be restricted to the owners of the land. The
owner must agree to the inscription of a mortgage, for example. Owners may also
invalidate rights if they have the approval of the beneficiary of the right.
• Each of these actions changes the contents of the cadastre.
 User interaction Cont’d
• The actions must fulfil two prerequisites for the user’s acceptance:
• Simplicity: The actions must not be complicated or time consuming for the user.
• Reliability: The result of the action must be valid. The confidence of the users will decrease
if there are errors and invalid results.
The user must not be involved in the process of inscription to fulfil the simplicity.
The user only starts the process and the cadastral organization performs it. Then
the user does not need to know internal details and he does not need to spend a
lot of time.
The reliability of the cadastral system depends on the completeness of the
cadastral data. The user cannot rely on the cadastre if the data stored in the
cadastre is incomplete because unregistered data could invalidate his document
(for example, the person who wants to sell land is not the owner of the land).
Then the user would question the suitability of the inscription and he would not
register his documents, too. The reliability will decrease further.
Therefore it is important that the user can rely on the cadastre because then he will
register all changes to secure his own rights on the land. This becomes important
especially in cases where the registration is not an obligation like inheritance in the
Austrian cadastre
 Processes in a cadastre
• A cadastre requires two processes:

• Inscription and data retrieval.

• The inscription adds a new document to the document register. This adds a new
right to the cadastre because rights are based on documents and should result
in the publication of the data by making it accessible.
• Retrieving data returns information to the user
 Inscription
• The inscription splits into three categories with different effects:
• Transfer or creation of a right: A document is an evidence for a right.
Therefore, adding a document to the document register changes an existing
right or creates a new right.
• Deletion of a right: The deletion of a right requires the approval of the
beneficiary of the right (or a judgement). A document is necessary to prove
that prerequisite. Therefore adding a document of deletion to the
document register deletes a right. Then the affected right gets invalid.
• Changing data: One of the most important changes in the data of a
cadastre is the subdivision or merge of land. A cadastre must create or
invalidate land data sets if a cadastre stores a separate data set for each
piece of land. A cadastre must store the document showing the change (for
example, a plat) to publicize the change.
 Step of inscription
• The inscription itself consists of several steps.
• Documents may pass several checks before the changes take place in the
database. The process consists of the following steps:

• Arrival: The user files for inscription of the document.

• Formal checks: The operator of the cadastre checks the completeness of the
data. These checks should be as short as possible to minimize the time the
user has to wait and as detailed as necessary to detect a high percentage of
errors at that early point. (front desk role)
 Step of inscription Cont’d
• Registration: The operator adds the document to the document register. The
register requires an identifier for the document. A simple solution for such an
identifier would be continuous numbering. After the registration the public ‘knows’
the document. Everybody inspecting the cadastre will get data on the document.
However it is necessary to place a mark for that document, so the public can also
see that the document has not yet passed the checks for validity. This mark will be
removed when the database changes took place. (intaking to registrar of title
signing off the document)
• Detailed tests: The operator checks the validity of the document in detail. If the
document fails the checks, the document may be – corrected by the author and
again tested, or – removed from the register. (Computer person role)
• Database changes: Some documents affect parts of the database and require
changes. The deletion of a right, for example, sets the status of the affected right
from ‘valid’ to ‘deleted’. However, it does not delete the document completely.
 Data request
• Data requests may be limited due to the law.
• In Austria reading all data concerning one person would
contradict the data protection law. Therefore, using the name of
the owner as a search criterion is restricted to people who need
this possibility (e.g. courts, tax authority, and credit institutes).
• Similar situations may occur in other cadastral systems, too.
• Therefore, the process must first test whether the request is
allowed or not. The result of the request is only calculated if the
request is allowed
Data request Cont’d
• The request must allow different keys.
• It is not granted that there is a single key suitable for all requests (for
example, the identifier of the parcel).
• Therefore several possibilities must be provided. Some examples for
keys are:
• Identifier of the parcel
• Postal address of the parcel
• Name of a person owning land
 Cadastral

• The basic building block in any land administration system is the

cadastral parcel. The cadastre consists of two parts:

• Registers
• Maps
 The Cadastral Issues
❑ Documentation of informal or customary rights.

❑ Land registration (deeds, title or combinations).

❑ Land titling.

❑ Parcels and properties.

❑ Boundaries (fixed, graphical, general).

❑ Impact of technology. (cood sys change, change of manual to digital,

 The Future Cadastre
• Cadastre 2014

• Cadastre 2034

• Cadastre 2.0

• Cadastral Fabric
 Boundaries
• Boundary is used to locate the corners and boundaries of a parcel of
land.
• This involves both record and field research, including any
measurements and computations needed to set the boundary lines in
accordance with the applicable state laws.

• Types of boundaries
• Natural boundaries (water bodies)
• Monumented boundaries (marked by survey or other defining marks,
natural, artificial)
• Old occupation (long undisputed such as a wall, fence)
• Abuttals (bound of property eg natural or artificial features like a street)
 Land Administration
• “the process of determining, recording and disseminating
information about ownership, value and use of land and its
associated resources.
• These processes include the determination (sometimes called
´adjudication´) of land rights and other attributes, surveying
and describing these, their detailed documentation, and the
provision of relevant information for supporting land
markets” (FAO, 2020).
 Benefits of Land Administration
• Land administration is essential for secure land tenure,

• Efficient land markets, and

• Providing support for effective spatial planning.

• It is also regarded as essential for promoting economic development

• Ensuring good governance and helps to avoid land-related conflicts.

( UN-GGIM, 2015).
 Land Administration System (LAS)
• This is the state system, based within a legal framework, which
administers property right policies and information management
through its various institutions.
• It establishes the administrative and legal procedures for the
following:
• land transfer,
• physical attributes of territory,
• Land uses,
• land valuation and tax burdens,
• All these provide security and legal certainty about ownership.
• (the definition gave could be confused for cadastre/LIS)
(Reference to Ugandan situation)
 LAS should ideally (UNECE):
• Guarantee ownership and secure tenure
• Support the land and property tax system
• Constitute security for credit systems
• Develop and monitor land markets
• Protect State lands
• Reduce land disputes
• Facilitate land reform
• Improve urban planning and infrastructure development
• Support land management based on consideration for the environment
• Produce statistical data
 Land Administration Institution (LAI)
• Land Administration Institutions are civil service institutions which
provide management services for land or real estate ownership.
• the key ones being State Property Registries, national Cadastral
Office and Land Registry Office Institutions, Regularization of Tenure
Institutions and Institutions for Titleholders for Social Purposes.
• Institutions that develop and apply land policies, manage and
administer Protected Areas, Municipal districts, urban planning
departments of cities and towns, collection of land tax and some
institutions acting as land ownership titleholders.
• Finally they also include institutions specializing in ownership dispute
resolution and those that administer Indigenous Community lands.
• (Needed to be categorized into statutory and customary)
Land Administration Programme (LAP)
• These are projects or programmes organized by central governments with
the support of international cooperation agencies
• which seek to increase the legal certainty and security of tenure through
efficient, transparent, decentralized land administration services accessible
to all.
• Among these we have:
• FFPLA
• DeSINLISI Project (IGN) Design, supply, installation, implementation of a
land information system and securing of land records, Uganda. 2009-2014
securing property titles thrugh the devt of tailor-made LIS for 6 MZOs as
well as creating the national land information centre.
• ??????
 Land Registration
• Sporadic Vs systematic registration
• SLAAC Vs FFPLA
• Sporadic registration
• Sporadic registration of land is the process of registering land on a case-by-case
basis usually as a result of specific trigger such as the sale of a property, dispute,
(mention some of the factor that can lead to land surveying)
• When introducing new systems of land registration or titling it is usually important
to consider whether the most appropriate approach is for systematic or sporadic
• Sporadic registration is based on specific action or actions of the owner of the
property to trigger bringing it into registration system.
• It’s cheaper in a short term compared to systematic, but it’s very expensive if the
intention is to register all parcels or most of the parcels.
• Another weakness is that each case is determined separately.
 Systematic Registration
• This is a systematic approach to adjudicating, surveying, and registering
parcels on an area by area basis.
• This is relatively expensive in budgetary terms bse of the typically large
number of parcels being dealt with, although on a per parcel basis the
average cost per parcel may be significantly lower than that of sporadic
registration.
• This provides more comprehensive land information within a given time
frame.
• Gives many people improved/secure rights more quickly, thus supporting
the general development impact of increased security of ownership and
reduced transaction cost.
 Procedures of getting a CCO in Uganda
• Resources
• Chapter 4. Land information systems: services and tools of public land
administration
• Step by step guide customary land registration in Uganda: easy step to
secure customary land tenure
• A fit for purpose appprach to register customary land rights in Uganda.
Hans-Gerd Becker. (2019)
• Fit for purpose land administration: country implementation strategy for
addressing Uganda’s land tenure security problems. Musinguzi et al (2021)
 SLAAC Vs FFPLA
• Consider the references on the previous slide
• Look into who conducts SLAAC and FFP
• What is the product for each project
• Mention some of the places where the different systems have been
implemented
• Tools used for each
 Land Tenure System
• The land tenure system in a given jurisdiction comprises the set of possible bases
under which land may be used. As such this range encompasses both rural and
urban tenures and includes ownership, tenancy and other arrangements for the
use of land. Land tenure regimen will be used here with the same meaning.
• Formal land tenure system. This refers to the legislation and state institutions
that govern rights to land and natural resources within the borders of a State
(refer to Ugandan systems).
• Customary land tenure system. A series of rules established by custom which
define the rights of access for persons in a specific social group to particular
natural resources.
• Informal land tenure system. When neither formal nor customary legal
frameworks are effective or suited to local conditions, discontented or defrauded
social players may create ad hoc informal land tenure systems with their own
rules, authorities and institutions. These systems are not recognized.
 Tenure Security
• Security of tenure is the certainty that a person’s rights to land will be
recognized by others and protected in cases of specific challenges.

• People with insecure tenure face the risk that their rights to land will be
threatened by competing claims, and even lost as a result of eviction.

• Without security of tenure, households are significantly impaired in their

ability to secure sufficient food and to enjoy sustainable rural livelihoods
(FAO, 2002)
 Tenure Security Contd
• Security of tenure cannot be measured directly and, to a large extent, it is
what people perceive it to be. The attributes of security of tenure may
change from context to context. For example, a person may have a right to
use a parcel of land for a 6 month growing season, and if that person is safe
from eviction during the season, the tenure is secure. By extension, tenure
security can relate to the length of tenure, in the context of the time
needed to recover the cost of investment. Thus the person with use rights
for 6 months will not plant trees, or invest in irrigation works or take
measures to prevent soil erosion as the time is too short for that person to
benefit from the investment. The tenure is insecure for long-term
investments even if it is secure for short-term ones (FAO, 2002).
 Tenure Security Indicators
# Indicator Area
1 perception
2 evictions
3 Documentation
4 Legal protection against
forced eviction
5 Disputes, due process and
capacity
Comments Initiative
Perception of risk UN-Habitat, USAID, ALPI
(hh/individual/plot/settlement)
Number of evictions OHCHR, USAID, UN-Habitat
(A), ALPI
Documentation to prove legality or UN-Habitat,
legitimacy of rights. LGAF
Acceptance of alternative forms of
documentation to prove rights.
Legal provisions exist against forced UN-Habitat, UN-Habitat(A),
evictions. OHCHR
Due process protections for LGAF, UN-Habitat, UN-
expropriation are accessible and Habitat(A), OHCHR, ALPI,
functioning. Blueprint
(disputes, time taken before court etc)
 Tenure Security Indicators Contd
# Main Indicators Comments
1 Perception of future loss Perception of future risk of loss or continued ability to use.
2 Tenure Used as either
Binary secure/insecure (title or no title) or range of tenures with
different levels of security (title being the most secure)
3 Breadth of rights Greater the breadth of rights, greater the degree of tenure security
(sell, bequest, mortgage).
Mode of acquisition also used as indicator of breadth or
independence of rights.
4 Previous experience of loss Recalled experiences of previous experience of loss of rights.
Eviction or reallocation.
5 Autonomy of transaction Linked with breadth of rights. Whether person requires authority
from others to transact esp. for sell.
6 Duration of rights Assumption is that if one held rights for a long time, it indicates that
rights will be secure in the future.
7 Disputes Previous experiences of individuals or plots with disputes
#
Description of Tenure
Security Content
 Allocation of land rights to
people with equity,
 Protection and recognition
of people and their land
rights
 Legitimization of public and
social institutions
 Access to public and social
institutions
 people use and enjoy their
land rights
 People are aware and
empowered on their land
rights and restrictions
 Restrictions and land rights
are balanced
 Rights to land are
recognized, protected and
enforced
 Land information is well
managed and sustained
Indicators Sources
 Households affected by land conflicts LEAP, 2007; IFAD, 2009;
 Working days taken to resolve a land dispute African Union
 Perceived dispute cost Commission (AUC), 2010;
 Pending land related cases in courts Millenium Challenge
 Population satisfaction on public institution service delivery Corporation (MCC); Land
 Risk to government expropriation rights and access index;
 Public institution corruption World Bank Doing
 HH with legally recognized proof of land rights Business
 Legal provision ensuring equal access to land between man and woman
 Population satisfaction of customary institutions service delivery
 Eviction risk by community members
 Corruption of customary institutions
 Proportion of land related cases pending in customary courts
 Proportion of land acquired through different modes (OPM, purchase, rent, walk in etc)
 Type of land investment
 Agricultural land rent and sale prices
 Proportion of land sales and rent
 Proportion of HH who can lease out land
 Proportion of refugees who have acquired loans (financial credit) using land as collateral
 Extent of land recorded in land information system
 Proportion of recognized land sales
 Proportion of land inherited
 Types of existing restrictions in different instruments such as (refugees act, refugees regulation,
constitution, Land act)
 Types of customary restrictions and HH affected
 Proportion of HH aware of restrictions
 Extent of land owned by communal land associations (CLA) accessed by refugees
 Indicators of security of tenure
• Nonexistence of Documentation to prove legality or legitimacy of rights.
• High numbers of evictions
• Unclear modes of land acquisition
• Non-existence of legal protection against forced eviction
• Disputes occurring very often
• Narrow breadth of rights
• Limited autonomy of transactions (such as authority to sell, rent, transfer, etc)
• Limited duration of rights
• Limited levels of Resilience
• Many days taken to resolve a land dispute
• Existence of corruption of Public and social institutions
• Community dissatisfaction of customary institutions service delivery
• Limited access to public and social institutions
• People cannot use and enjoy their land rights
• People are not aware nor empowered on their land rights and restrictions