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LAND, EXTRACTIVES & INDIVIDUAL AND COLLECTIVE RIGHTS

Property rights in Summary


The rights Bundle - The Four Strands in the Rights Bundle Right to use, Right to manage, Right to transfer (assign or reassign) use and management rights, and Right to own.

Property Rights Regimes


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Private property occurs when the strands of the property rights

bundle are held by a natural or legal person

Common property exists where property rights strands are

shared among members of a community or association.


concentrated, held and managed by the government.

Public property is established when the strands of the bundle are Open access occurs where either no specific rights to land or

natural resources have been assigned or claimed by holders.

Elements of Tenure Security


Legitimacy - A leading factor in property rights

enforceability is the degree of legitimacy of the property rights system in which the claimed rights are anchored. A high degree of legitimacy encourages voluntary compliance on the one hand, and discourages challenges to recognized rights on the other. A high degree of legitimacy reduces the need for repressive responses and elaborate institutions for dispute resolution. Property rights gain legitimacy through laws and associated institutions

Institutional backing -Institutions are necessary to

enforce the specific legal system that provides legitimacy to a set of property rights. These institutions (associated with each legal system) are responsible for making and modifying rules of the regime; monitoring compliance with those rules; sanctioning persons who infringe rules; mediating any of monitoring; sanctioning; resolving resulting conflicts; disseminating information about resulting disputes; and mobilizing resources, leaders and staff to conduct all these functions.

Clarity - Clarity, or shared and widespread understanding,

of existing property rights is another factor in securing property rights since it helps to eliminate the gray areas within a property rights system that can lead to ambiguity.
Excludability - A use, management or transfer right to a

natural resource has meaning only to the extent that the rights holder is capable of excluding non-rights holders from using the claimed right. Lack of capacity to exclude non-rights holders from property held by recognized rights holders moves the property system toward a situation of open access and potential conflict.

Principles of good land governance


Security- security of tenure, no forced evictions,

land and property rights recognised sensitivity to conflict and disasters. Sustainability- Land use balances social ,economic and environmental needs, land administrations systems are affordable, accessible to all, can be maintained and up-dated over time Equity- Pro-poor, gender sensitive, arrange of land rights recognised. Effectiveness and efficiency-Simplified rules and procedures, service oriented, land administration Rule of law- Respect for legal procedures, involvement of both traditional and alternative dispute resolution.

Transparency- Access to information regarding rules and procedures, openness and involving

policy making and decision making processes, openness of procurement. Accountability- Mechanisms that avoid corruption Civil engagement- Dialogue and consensus building orientation, actively facilitating participation of all groups Subsidiarity- decentralisation of decision making and management, addressing capacity needs.