Cross-cutting challenges to innovation in land tenure documentation

Lengoiboni, Monica; Richter, Christine; Zevenbergen, J.A.

doi:10.1016/j.landusepol.2019.03.023

Cited by 45 publications

(29 citation statements)

References 15 publications

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“…Firstly, blockchain cannot magically fix pre-existing contestations over lands and the bringing of communal tenure under statutory regulations (Anand et al, 2016;Vos et al, 2017). Such issues are related to the institutional and legal pillars of land administration, which have to determine how best to bring diverse tenure regimes under statutory oversight (Lengoiboni et al, 2019). Thus, a blockchain application to land administration will likely work best in cases where there are no land ownership issues to facilitate land transactions (rental or sale) involving titled or state leased lands (Vos et al, 2017).…”

Section: Resultsmentioning

confidence: 99%

“…In the individual to individual relationship to land, land administration systems should assist in the protection of farmers' use rights through the VLM, the legitimization of farmers, and foster trust in the rental system by protecting both landowners and land-users in an incorruptible manner. While technology has bridged the gaps in capturing different types of informal tenure, in this new digitalization era two core concerns remain: data protection and the timely verification of documented rights obtained through grassroots programmes (Lengoiboni et al, 2019).…”

Section: Discussion: Matching the Dimensions Of The Verbal Land Markementioning

confidence: 99%

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The Role of Blockchain in Documenting Land Users' Rights: The Canonical Case of Farmers in the Vernacular Land Market

Daniel

Speranza

2020

Front. Blockchain

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In this article, we discuss the potential of blockchain technology in addressing the documentation of users' land rights in the informal land rental market. Blockchain technology is a peer-to-peer protocol that can be leveraged to keep track of transactions over the internet. Publicized for its use in the bitcoin revolution, the technology provides transparency and traceability that can be used in the management of land rights. When it comes to the formalization of land rights, blockchain technology promises to authenticate owners and other users of land, and provides a fixed ledger of land use rights transactions. At present, blockchain technology is being explored as a proof of concept in several countries to track land titles (state to individual). We extend the idea to capture the granting of land use rights (individual to individual) making use of the decentralization, peer-to-peer nature of blockchain technology. While the technology is not a panacea to all land administration challenges, it can offer an effective means to manage land transactions, provide digital documentation to actors in the informal land rental market and reduce inefficiency in land systems. However, the uptake of the technology in land administration is limited by human related factors. These limitations include, but are not limited to, the accuracy of data being entered into the system, the ability of the system to facilitate data preservation, pre-existing institutional and legal pillars, and the digital divide across communities. Part of overcoming these barriers requires the political will of governments to invest in digital technologies and develop institutional capacities to overcome current limitations to bring land management into the industry 4.0 era.

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Section: Resultsmentioning

confidence: 99%

Section: Discussion: Matching the Dimensions Of The Verbal Land Markementioning

confidence: 99%

The Role of Blockchain in Documenting Land Users' Rights: The Canonical Case of Farmers in the Vernacular Land Market

Daniel

Speranza

2020

Front. Blockchain

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“…Although FFP approaches seek to enhance accessibility by bringing registration to the doorstep of landholders in ways that are mostly labeled as "bottom-up" or "participatory" [13], not much can be achieved if the social processes that produce land rights are in themselves exclusionary. This draws attention to the fact that access in a broader sense goes beyond proximity and participation.…”

Section: Assumption 3: Access To the Registration System Is An Adminimentioning

confidence: 99%

Evaluating Some Major Assumptions in Land Registration: Insights from Ghana’s Context of Land Tenure and Registration

Abubakari

Richter

Zevenbergen

2020

Land

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A discussion of the assumptions that underlie efforts to register land enables us to not only evaluate their validity across different contexts, but most importantly, to further understand how the low incidences of land registration might derive from very fundamental sources outside of differences in technology and approaches of recording. Building on existing literature and previous research in Ghana, this study has identified and evaluated three such assumptions, namely, land rights registration is desirable, all land rights are registrable, and access to the registration system is an administrative event. We analyzed each assumption in order to find out how they manifest in conventional approaches as well as what they imply for emerging fit-for-purpose (FFP) approaches. In the context of Ghana, we find that (a) there are variations in desirability across space (urban vs. rural) and among landholders; (b) many land rights are registrable, but not all, unless we accept a loss in meaning; and (c) access to the registration system can be an administrative event between surveyor/surveyed, but it is often a process of connecting multiple actors and practices. We conclude that close attention needs to be paid to scenarios where these fundamental assumptions fall short, in order to finetune them and redirect associated implementation strategies.

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“…A number of IT tools have been created to measure and record unregistered rights. Among these are UN-Habitat/GLTN's Social Tenure Domain Model (STDM) standard and accompanying software, USAID's Mobile Applications to Secure Tenure (MAST) and Cadasta [15]. This spate of new tools based on digital technologies for documenting local and national land rights using new forms of evidence, such as 'informal' and customary tenure norms, has added to the growing stress on documentation and simultaneously a move towards ISO standards.…”

Section: Problem Contextmentioning

confidence: 99%

Evaluating the Community Land Record System in Monwabisi Park Informal Settlement in the Context of Hybrid Governance and Organisational Culture

Barry

Kingwill

2020

Land

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The study examined the effectiveness of a community-operated land record system (CRS), a product of an evolutionary information system planning approach under hybrid governance arrangements in Monwabisi Park informal settlement in Cape Town. To structure the analysis, the authors adapted an analytical framework for analysing land registration effectiveness to community records systems. It serves as a tool for analysing, designing and managing similar information systems. The CRS is an element of a participatory planning and development project involving a triad: (a) community-based organisations (CBOs); (b) a non-governmental organisation (NGO), which has acted as a change agent, facilitator and resource provider; and (c) the City of Cape Town. The hybrid governance institutions comprised a set of local community and government protocols. Of further significance are the organisational cultures of the CBOs, and the NGO’s information system team differs markedly from that of most land registries. The researchers examined the CRS database and operations management, interviewed key-informants and interviewed shack residents door-to-door. The CRS was effective because residents used it and largely adhered to the associated documented community protocols to defend their tenure and to effect transactions in shacks. Further contributors were the NGO and CBOs continually managed the institutional and leadership dynamics relevant to the CRS, factors often ignored in similar projects.

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Cross-cutting challenges to innovation in land tenure documentation

Cited by 45 publications

References 15 publications

The Role of Blockchain in Documenting Land Users' Rights: The Canonical Case of Farmers in the Vernacular Land Market

The Role of Blockchain in Documenting Land Users' Rights: The Canonical Case of Farmers in the Vernacular Land Market

Evaluating Some Major Assumptions in Land Registration: Insights from Ghana’s Context of Land Tenure and Registration

Evaluating the Community Land Record System in Monwabisi Park Informal Settlement in the Context of Hybrid Governance and Organisational Culture

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