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Collective Land Ownership in the 21st Century: Overview of Global Trends

Author

Listed:
  • Liz Alden Wily

    (Van Vollenhoven Institute, Leiden Law School, P.O. Box 9520, 2300 RA Leiden, The Netherlands)

Abstract
Statutory recognition of rural communities as collective owners of their lands is substantial, expanding, and an increasingly accepted element of property relations. The conventional meaning of property in land itself is changing, allowing for a greater diversity of attributes without impairing legal protection. General identified trends include: (1) declining attempts to deny that community lands are property on the grounds that they may not be sold or are owned collectively; (2) increased provision for communities to be registered owners to the same degree as individual and corporate persons; (3) a rise in number of laws catering specifically to the identification, registration and governance of community property; and (4) in laws that acknowledge that community property may exist whether or not it has been registered, and that registration formalizes rather than creates property in these cases. The research examined the laws of 100 countries to ascertain the status of lands which social communities, either traditionally or in more contemporary arrangements, deem to be their own. Sampling is broadly consistent with numbers of countries per region. The constitutions of all 100 countries were examined. The land laws of 61 countries were scrutinized. Secondary sources were used for 39 countries, mainly due to laws not being available in English. The main secondary source used was LandMark, whose data is publicly available at www.landmarkmap.org.

Suggested Citation

  • Liz Alden Wily, 2018. "Collective Land Ownership in the 21st Century: Overview of Global Trends," Land, MDPI, vol. 7(2), pages 1-26, May.
    • Handle: RePEc:gam:jlands:v:7:y:2018:i:2:p:68-:d:149481
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    References listed on IDEAS

    as
    1. Nicholas K. Tagliarino, 2017. "The Status of National Legal Frameworks for Valuing Compensation for Expropriated Land: An Analysis of Whether National Laws in 50 Countries/Regions across Asia, Africa, and Latin America Comply with ," Land, MDPI, vol. 6(2), pages 1-29, June.
    2. Klaus Deininger, 2003. "Land Policies for Growth and Poverty Reduction," World Bank Publications - Books, The World Bank Group, number 15125.
    3. Liz Alden Wily & Fabrice Dubertret & Peter Veit & Katie Reytar & Nicholas K. Tagliarino, 2017. "Water Rights on Community Lands: LandMark’s Findings from 100 Countries," Land, MDPI, vol. 6(4), pages 1-18, November.
    4. Eduardo von Bennewitz, 2017. "Land Tenure in Latin America: from Land Reforms to Counter-Movement to Neoliberalism," Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis, Mendel University Press, vol. 65(5), pages 1793-1798.
    5. Liz Alden Wily, 2018. "The Community Land Act in Kenya Opportunities and Challenges for Communities," Land, MDPI, vol. 7(1), pages 1-25, January.
    6. Alden Wily, Liz, 2018. "Risks to the sanctity of community lands in Kenya. A critical assessment of new legislation with reference to forestlands," Land Use Policy, Elsevier, vol. 75(C), pages 661-672.
    7. Hanan Jacoby & Bart Minten, 2006. "Land Titles, Investment, and Agricultural Productivity in Madagascar : A Poverty and Social Impact Analysis," World Bank Publications - Reports 12661, The World Bank Group.
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