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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land

administration experts adopted from TVET program

MINISTRY OF AGRICULTURE
RURAL LAND ADMINISTRATION AND USE
DIRECTORATE (RLAUD)

RURAL LAND ADMINISTRATION

Module 01

Title: Understanding Land Administration

Nominal duration (hrs.): 8 for Woreda and 16 for Kebele Experts

Version 1.1

In Collaboration with
December, 2021
Addis Ababa, Ethiopia
Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

CONTRIBUTORS
Abebaw Abebe Rural Land Administration and Use Directorate, Ministry
of Agriculture
Asnake Kassahun Ambo University/Center for Geospatial Technologies and
Land Administration
Adem Berihun Hawassa University, Wondo Genet College of Forestry
and Natural Resources

Asrat Jorge Hawassa University, Wondo Genet College of Forestry


and Natural Resources
Dessalegn Addis Assosa Agricultural TVET College

Hamid Kemal Assosa Agricultural TVET College

Kassahun Girma Rural Land Administration and Use Directorate, Ministry


of Agriculture

Moges Kidane Ambo University/Center for Geospatial Technologies and


Land Administration
Teshome Taffa (PhD) Bahir Dar University, Institute of Land Administration

Yohannes Redda Responsible And Innovative Land Administration Project,


Ministry of Agriculture

Zerfu Hailu (PhD) Responsible and Innovative Land Administration Project,


Ministry of Agriculture

Zinabu Getahun Bahir Dar University, Institute of Land Administration

Coordinated by:
Tigistu G/Meskel Abza
Director of Rural Land Administration and Use Directorate

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

Ministry of Agriculture

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

Module title: Understanding Land Administration

Synopsis: The Land Administration module provides concepts on land, land


administration and its major functions, benefits of good land
administration, expropriation, and valuation. The module also
consists of land administration and management tools as well as
good governance principles in land administration. It is mainly
intended for Kebele and Woreda Land administration experts.

Table I: Version Control Table

Version Author Date Changes


1 Ministry of Agriculture, June, 2021 The first approved version of the
LAUD document
1.1 Ministry of Agriculture, December, 2021 The Second approved version of
LAUD the document based on comments

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

LIST OF ACRONYMS

AILAA Agricultural Investment Land Administration Agency

EGIA the Ethiopian Geospatial Information Agency

EHAIA Ethiopian Horticulture and Agriculture Investment Authority

EMA Ethiopian Mapping Agency

FFP Fit For Purpose

GLTN Global Land Tool Network

INSA Information Network Security Agency

LAUC Land Administration and Use Committee

LAUD Land Administration and Use Directorate Administration Agency

LIFT Land Investment for Transformation Project

MOA Ministry of Agriculture

NILUPP National Integrated Land Use Plan and Policy project

NRLAIS National Rural Land Administration and Information System

SLLC Second level land certification

SNNP Southern Nations, Nationalities, and Peoples


Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

GLOSSARY OF TERMS

TERMS DEFINITION

Rural Land Any land outside of a municipality holding or a town designated as


such by the relevant law or those lands outside the administrative boundary
of municipality or any land found outside legalized urban areas / towns/
Rural land A process whereby rural land holding security is provided,
administration
land use planning is implemented, disputes between rural land holders are
resolved and the rights and obligations of any rural land holder
are enforced, and information on farm plots and grazing Land holders are
gathered analyzed and supplied to users
Rural Land Use A process whereby rural land is conserved and sustainably used in a
manner that gives better output
Land Tenure The way land is held by individuals and groups. It reflects relationships
between people and land directly and between individuals and groups of
people in their dealings in land.
Holding Right the right of any peasant farmer or semi-pastoralist and pastoralist shall
have to use rural land for purpose of agriculture .and natural resource
development, lease and bequeath to members of his family or other
lawful heirs, and includes the right to acquire property produced on his
Land thereon by his labor or capital and to sale, exchange and
bequeath same
Communal landholding land which is neither state owned nor individually held; and which is held
and used by communities for grazing, forestry, and other social services
Rural Land Use Plan A practice whereby the options that give greater economic benefits
without causing land degradation and environmental pollution. are,
determined and implemented from among the different use options a rural
land can give on the basis of physical, economic and social information
Land Registration The process whereby information on the expression of rural land use, right
and holding is gathered, and analyzed.

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

The process of registration of rights on land and of keeping and


maintaining land records through registration of transactions on land.
Adjudication Process of final and authoritative determination of the existing rights and
claims of people on a parcel of land
Holding Certificate Certificate of title issued by a competent authority as proof of
rural land use right
Rent A system by which investors or other legal bodies rent in land from
peasants for specific period of time
Committee Publically elected body of local community at Kebele level to carry out
land administration and use activities.
Land Transaction Transaction on land initiated by the land holder(s) of a parcel. It can either
be transfer of land rights or restrictions on these (encumbrances) or
changes in parcel or person data without impact on the right on land

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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TABLE OF CONTENTS

LIST OF ACRONYMS.............................................................................................................ii
GLOSSARY OF TERMS........................................................................................................iii
TABLE OF CONTENTS..........................................................................................................v
LIST OF TABLES..................................................................................................................vii
LIST OF FIGURES.................................................................................................................vii
UNIT ONE.................................................................................................................................1
1. UNDERSTANDING LAND ADMINISTRATION.........................................................1
1.1. Land and Land Administration...................................................................................2
1.1.1. Land as a Resource..............................................................................................2
1.1.2. The Importance of Land......................................................................................4
1.2. Land Administration...................................................................................................5
1.3. Land Administration Functions..................................................................................8
1.4. Concepts of Expropriation, Compensation and Valuation........................................10
1.4.1. An overview of Expropriation and Compensation............................................10
1.4.2. Property Valuation.............................................................................................11
1.5. Benefits of Good Land Administration System........................................................15
1.6. Concepts related to Land Administration.................................................................20
1.6.1. Land tenure........................................................................................................20
1.6.2. Land Management.............................................................................................23
1.6.3. Land Reform......................................................................................................27
1.6.4. Land Policy........................................................................................................28
1.6.5. Land consolidation.............................................................................................31
1.6.6. An overview of Land Lease...............................................................................38
1.7. Historical Overview of Land Administration in Ethiopia.........................................44
1.7.1. Pre-1974 – Imperial Regime..............................................................................44
1.7.2. The Derg – Nationalization of Land..................................................................44
1.7.3. EPRDF – Separation of land-use rights from ownership..................................45
UNIT TWO..............................................................................................................................52
2. RECOGNIZING LAND ADMINISTRATION AND MANAGEMENT TOOLS AND
FIT FOR PURPOSE................................................................................................................52

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

2.1. Introduction...............................................................................................................52
2.2. Why Land Tools?......................................................................................................53
2.3. Land Tools................................................................................................................54
2.4. Fit for Purpose...........................................................................................................57
UNIT THREE..........................................................................................................................63
3. COMPREHENDING GOOD GOVERNANCE IN LAND ADMINISTRATION.........63
3.1. The Concept of Governance.....................................................................................63
3.2. Good Governance.....................................................................................................64
3.3. The Measure of Good Governance...........................................................................64
3.4. Good Governance in Land Tenure and Administration............................................67
4. BIBLIOGRAPHY............................................................................................................72

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

LIST OF TABLES

Table 1. 1 The four basic components of Land administration.................................................8


Table 1. 2 Rural land administration institutions in Ethiopia (Hailu, 2016)..........................47
Table 3. 1 Characteristics of good governance (FAO, 2007).................................................65

LIST OF FIGURES

Figure 1. 1The three key attributes of land (Dale and McLaughlin, 1999)...............................7
Figure 1. 2 A global land administration perspective (after Enemark 2004)............................9
Figure 2. 1 The logic behind GLTN's work.............................................................................56

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

UNIT ONE

1. UNDERSTANDING LAND ADMINISTRATION

Unit Overview

Dear trainee! Welcome to the first unit of this training. In this unit we will try to introduce
the course. Land, and the interaction of human societies with it, has resulted in many
economic, social, political and environmental outcomes and concerns. The existence of these
competing and overlapping factors requires a land administration system that is able to
support the ever changing relationship between humankind and land, to facilitate complex
decision making and to support the implementation of those decisions. Therefore, appropriate
and effective land administration is of crucial importance for sustainable development.

Thus, in this unit wide explanations are given for concepts like land, land administration and
benefits as well as good governance in land administration as land provides the foundation
for social and economic activities of people.

UNIT OBJECTIVES

Dear trainee, after completing this learning outcome you are expected to

 Define what land is

 Recognize the concept of land administration

 Describe the functions and benefits of land administration

 Outline the historical background of land administration in Ethiopia

 Identify Land administration tools and approaches

 Understand the concept of Good governance

 Explain characteristics good governance in land administration

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

1.1. Land and Land Administration

In this section you will be introduced to the use of land as a resource and the different
perspective from which land is observed. Please try to answer all questions and
activities provided in this section.

Dear trainee! Have you ever heard the definition of land? Let you try to define it
please.
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If your answer is no, please try to discuss with your friends and answer this question. If your
answer is yes, very good, write it on rough paper and try to relate it with the following
analysis.

1.1.1. Land as a Resource

Land is the ultimate resource as life on earth is not able to sustainable without it. It is the
source of all wealth. It is both a physical commodity and an abstract concept that the rights to
own or use it are as much a part of the land as the object rooted in the soil. Land is the
foundation of all forms of human activity; from it we obtain the food we eat, the shelter we
need, the space to work, and the room to relax. It represents a fundamental component of the
ecosystem. The need for thoughtful and careful stewardship of the land, together with the
more intensive use and management of its resources, has emerged as a matter of global
concern for the present and future generations (UNECE (1996). The availability of land is
very crucial for human existence. In agrarian societies land is not only the main means for
generating a livelihood but often also to accumulate wealth and transfer it between
generations. The way in which land rights are assigned therefore determines households'
ability to produce their subsistence and generate a marketable surplus, their social and
economic status, their incentive to exert no observable effort and make investments, and

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often also their ability to access financial markets or to arrange for smoothing of
consumption and income. Land can be used for agriculture, commerce, industry, and habitat.

Land can be observed from several angles based on the discussion point. It can be seen from
legal, ecological, economic and cultural points of view. From the legal perspective, land
extends from the center of the earth to the infinite in the sky. However, our discussion is
concerned with the volume of space that encompasses the surface of the earth, all things that
are attached to it, and the rocks and minerals that are just below it. Land also includes areas
covered by water such as seas and lakes, all buildings and constructions, and all natural
vegetation. Objects that are not attached to the soil, such as motor cars, animals, and human
beings are not part of land although they will be subject to the rights that control the use of
that they occupy. Air rights that are the right to use space above the land are in some
jurisdictions treated as being part of land. The existence of land and property law lead to
efficient utilization of land and it also facilitates the operation of land market.

From an ecological perspective, land plays a vital role in the breeding and survival strategies
of many living species. In every country, all of the investments that are crucial for economic
development such as investment on building and structures attached to, which are one of the
most important financial assets, depend on land.

From the economic perspective, land is accepted as a scarce community capital source that
must be most efficiently used, protected and transferred future generations so that there will
be sustainable development. It is an essential productive asset and a means to sustain
livelihood. Access to land is important for household welfare, aggregate economic growth
and sustainable reduction of poverty. In many developing nations access to land enables the
poor to make productive use of family labor, improve their nutritional status; smooth
consumption and improve their income and well-being. In addition to this land is demanded
as financial asset. It is usually used as a good hedge against inflation especially in nations
where financial markets are well established.

Lawyers, economists, sociologists, and geographers, as it is stated in The Appraisal of Real


Estate, have common understanding regarding the features of land as:

 Each parcel of land is unique in its location and composition

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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 Land is physically immobile

 Land is durable

 The supply of land is finite

 Land is useful to people

Land is frequently preferred by financial institutions as collateral since

 it is immobile

 its depreciation is small

 its value is not eroded by inflation

Moreover, land is a heterogeneous good, a property whose market value reflects not only its
value but also its location and attached investments. In general land is a factor of production
and store of wealth.

From cultural point of view, people usually have great psychological attachment with the
land they have the right to claim and the locality in which they live. The history of human
settlement has been dominated by national and international conflicts, men and women may
kill or may be killed in fight over the boundaries of their nation or their individual properties.
Therefore, good land administration system is very important to have stable society.

1.1.2. The Importance of Land

Land and property are generally the major assets in any economy. In most countries, land
accounts for between half to three-quarters of national wealth (Bell, 2007). Land is a
fundamental factor for agriculture production and is thus directly linked to food security.
Over the past two decades, much has been written about land being one of the main sources
of collateral, used to obtain credit from established financial institutions such as banks, as
well as from informal providers of credit. Security of tenure is an important foundation for
social and economic development. Fees and taxes on land are often a significant source of
government revenue, particularly at the local level. Securing land rights is particularly
relevant to vulnerable groups such as the poor, women and indigenous groups. In most
societies, there are many competing demands on land including development, agriculture,

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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pasture, forestry, industry, infrastructure, urbanization, biodiversity, customary rights,


ecological and environmental protection. Many countries have great difficulty in balancing
the needs of these competing demands. Land has been a cause of social, ethnic, cultural and
religious conflict and many wars and revolutions have been fought over rights to land.
Throughout history, virtually all civilizations have devoted considerable efforts to defining
rights to land and in establishing institutions to administer these rights – land administration
systems.

Self-Check Questions

1) What is land? What does it include?


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2) Explain the perspective from which land can be observed
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3) Describe the importance of
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Dear trainee! Have you answered these questions? If your answer is no, please reread this
section and try to answer these questions. If your answer is yes, very good, go to the next
learning outcome.

1.2. Land Administration

Dear trainee! What is land


administration?-----------------------------------------------------------------------------------------

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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Have you tried to do this question? If your answer is no, please try to discuss with your
friends and answer the question. If your answer is yes, good, write your answer on a rough
paper and try to relate it with the following analysis.

According to the definition of UNECE Land administration guidelines the term land
administration is used to refer to the process of recording and disseminating information
about the ownership, value, and use of land and its associated resources. Such process
includes the determination (sometimes known as the “adjudication” ) of rights and other
attributes of the land, the cadastral surveying and description of these, their detailed
documentation and the provision of relevant information in support of land markets.

According to Dale and McLaughlin (1999) land administration is defined as "the process of
regulating land and property development and the use and conservation of the land, the
gathering of revenues from the land through sales, leasing, and taxation, and the resolving of
conflicts concerning the ownership and use of the land." Similar to the UN-ECE, Dale and
McLaughlin have identified ownership, values, and use as the three key attributes of land
(Figure 1.1).

 Ownership: it should be understood as a relationship between people concerning land


within any jurisdiction, so the mode in which rights to land is held.

 Value: it should be understood as all the values that could be assigned to land,
depending on the purpose of the value, the use of the land, and the method of
valuation.

 Land Use: it should be understood as both the use to which the land can be put,
depending on the purpose and nature of the land, classification, methodology, and
land cover according to defined classification systems (FAO Land Classification
System, 2000).

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Land
ownership

Land
Administration

Land use Land value

Figure 1. 1The three key attributes of land (Dale and McLaughlin, 1999)

In other words, land administration, whether formal or informal, comprises an extensive


range of systems and processes to administer:

 Land rights: the allocation of rights in land; the delimitation of boundaries of parcels
for which the rights are allocated; the transfer from one party to another through sale,
lease, loan, gift or inheritance; and the adjudication of doubts and disputes regarding
rights and parcel boundaries.
 Land-use regulation: land-use planning and enforcement and the adjudication of land
use conflicts.

 Land valuation and taxation: the gathering of revenues through forms of land
valuation and taxation, and the adjudication of land valuation and taxation disputes

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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As Molen (2002) pointed out that, land administration systems depend on culture, history and
people’s behaviors. By these reasons, land administration systems are different for every
country. These show us why there is not best application.

The first aim of land administration system is to provide sustainable development.


Environment has been changing continuously in the process of mankind activities or natural
events. The important point is here monitoring changes, explicating these changes and
improving land use appropriate to sustainable development concept (Dale And Mclaughlin,
1999).

1.3. Land Administration Functions

Land administration functions may be divided into four components; juridical, regulatory,
fiscal and information management. The first three functions are traditionally organized
around three sets of organisations while the latter, information management is integral to the
other three components as indicted in the following Table.
Table 1. 1 The four basic components of Land administration

Juridical component Fiscal component Regulatory component

( Land ownership) (Land Value) (Land Use)

Information management component

The juridical component places greatest emphasis on the holding and registration of rights in
land. It comprises a series of processes concerned with the original determination or
adjudication of existing land rights, transfers, prescription, and expropriation.

The regulatory component is mostly concerned with the development and use of the land. It
includes land development and use restrictions imposed through zoning mechanism and the
designation of areas of special interest, ranging from historic district to fragile ecosystems.

The fiscal component focuses on the economic utility of the land. Its processes may be used
to support increased revenue collection and production, and may act as incentives to
consolidate or redistribute land or to use land for particular purposes. Information

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management function which has considerably been developed over the last few decades, with
many efforts to establish information systems dealing with land information is integral to all
three components described above: the juridical cadastre underpins land registration; the
fiscal cadastre supports valuation and taxation; and zoning and other information systems
facilitate planning and enforcement of regulations (Dale And Mclaughlin, 1999).

Dale and Mclaughlin (1999) has identified ownership, values and use as the three key
attributes of land. The recent land administration vision and function has included land
development as a fourth component (Enemark, 2004) (Figure 1.2). The new vision of land
administration builds on the model developed by Dale and McLaughlin (1999) but focuses
on functions and systems delivery, in contrast to their comprehensive analysis of existing
systems with a focus on land information management. Therefore, the operational component
of the land management paradigm is the range of land administration functions that ensure
proper management of rights, restrictions, responsibilities and risks in relation to property,
land and natural resources. These functions include the areas of land tenure (securing and
transferring rights in land and natural resources); land value (valuation and taxation of land
and properties); land use (planning and control of the use of land and natural resources) and
land development (implementing utilities, infrastructure and construction planning).

Figure 1. 2 A global land administration perspective (after Enemark 2004)

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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1.4. Concepts of Expropriation, Compensation and Valuation

1.4.1. An overview of Expropriation and Compensation

Dear trainee! Describe the terms expropriation and compensation in your own words.

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Have you described? Good. Sustainable development requires governments to provide public
facilities and infrastructure that ensure safety and security, health and welfare, social and
economic enhancement. An early step in the process of providing such facilities and
infrastructure is the acquisition of appropriate land. In order to obtain land when and where it
is needed, governments have the power of compulsory acquisition of land: they can compel
owners to sell their land in order for it to be used for specific purposes. The power, discussed
in this part as the compulsory acquisition of land, is also referred to as expropriation, eminent
domain, compulsory purchase, and land acquisition (FAO; 2009).

Expropriation refers to the right of the nation or state, or of those to whom the power has
been lawfully delegated, to condemn private property for public use, and to appropriate the
ownership and possession of such property without the owner’s consent on paying the owner
a due compensation to be ascertained according to law (Daniel, 2009). Expropriating land
holding means taking the rural land from the holder or user for the sake of public interest by
paying compensation in advance by the relevant government bodies, private investors,
cooperative societies, or other bodies to undertake development activities by the decision of
government body vested with power. Thus, land expropriation to the periphery is aggravated
by development projects such as industry, infrastructure, communication and road networks.
Displacement due to land expropriation is more significant issue in developing countries than
developed countries because, the majority of the people in developing countries live highly
concentrated in the periphery depending on agriculture with fragmented land holdings. This

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is common in countries like Ethiopia where land remains government’s property and amount
of compensation paid depends on government’s decision. (Gashaw, 2013)

Under the constitution of Ethiopia, Article 40(3), Land vested in the state and in the people of
Ethiopia. According to this article, every citizen has the right to acquire and use the land, but
impossible to sale. The constitution (1995) also states that the government may expropriate
of private property upon subject in payment of compensation commensurate with the value
of the property. Compensation has largely been understood to refer to specific measures
intended to make good the losses suffered by people displaced and/or negatively affected by
the acquisition. Compensation usually takes the form of a one-off payment, either in cash or
in kind and is principally about awards to negatively affected persons. (Gashaw; 2013)

1.4.2. Property Valuation

The distinction between price, cost and value

Dear trainee! What do you think the difference among price, cost and value? Let you
try
please______________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

Have you tried? That is good. When estimating the value of land or property, appraisers
make a careful distinction between the terms price, cost and value.

Price: - refers to the amount a particular buyer agrees to pay and a particular seller agrees to
accept under the circumstance surrounding their transaction. Once finalized, a price refers to
a sales or transaction price and applies to exchange.

Cost: - Appraisers use the term cost in relation to production, not exchange. Cost may
be either an accomplished fact or a current estimate. In real estate market cost
represents the total expenditure incurred on the actual construction and overall
development of real estate..

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Value: - value, in the market place, is usually considered as an anticipation of benefits


to be obtained in the future. Value at a given time represents the monetary worth of a
property, goods or services to buyers and sellers. Valuers use the word market value,
use value, investment value, and assessed value instead of value alone so as to avoid
the confusion.

Definition and Purpose of Valuation

Dear trainee! What do you think is the definition of valuation? Let you try please.

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Valuation can be defined as: “The art, or science, of estimating the value for a specific
purpose of a particular interest in a property at a particular moment in time, taking into
account all the features of the property and also considering all the underlying economic
factors of the market including the range of alternative investments” Valuation can also be
defined as the technique of estimating and determining the fair price or value of a property
such as a building, a factory or other engineering structures of various types, land etc.

The Purposes of Valuation

Dear trainee! What do you think is the purpose of property valuation?

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Have you tried? If yes, well! Property valuation is necessary for a number of public and
private functions in the sector, including state disposal of land, compensation for state
acquisition, taxation of land, and determination of the value of collateral assets. Valuations
are required for many purposes relating to the development and subsequent occupation and
ownership of property. The purpose for which the valuation is required and the type of
property that is to be valued will determine the nature of the valuation instruction, including
the techniques employed and the basis on which value is to be estimated .

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The main purposes of valuation are as follows:

Buying or Selling Property: When it is required to buy or sell a property, its valuation is
required.

Taxation: To assess the tax of a property, its valuation is required. Taxes may be municipal
tax, wealth tax, Property tax etc, and all the taxes are fixed on the valuation of the property.

Rent: In order to determine the rent of a property, valuation is required. Rent is usually fixed
on the certain percentage of the amount of valuation.

Security of loans or Mortgage: When loans are taken against the security of the property,
its valuation is required.

Compulsory acquisition: Whenever a property is acquired by law; compensation is paid to


the owner. To determine the amount of compensation, valuation of the property is required.

Insurance: Valuation of a property is also required for calculation of Insurance coverage.

Factors affecting property value

Dear trainee! What do you think are the factors that affect property value? Let you try
please.

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Have you tried? Good. There are four forces that affect value of a property. These are Social
forces, Economic forces, Government forces and Environmental forces. Let’s discuss one by
one.

1. Social Forces are mainly related to population characteristics as the demographic


composition of the population indicates the potential demand for real estate. The value of real
property may be affected by Total population, it‘s composition by age and gender, the rate of

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household formation, the rate of household dissolution etc as the demographic change, there
will be change in the demand and supply of housing.

2. Economic Forces the economic ability of the population to purchase the property and
thereby can determine the influence of economic forces on the value of a property. The
economic forces that can affect the value of a property are Employment, Wage level,
Industrial expansion, Economic base of the region and the community, Price level, the cost
and availability of mortgage credit, the stock of available vacant and improved property, new
development under
construction, Occupancy rate, the rental and price pattern of existing properties, Construction
cost:
3. Government Forces- The value of a property can be affected by political and legal
activities. There are several governmental forces that may affect the value of a property.
Some of them are: Public services such as fire and police protection, utilities, transport
network, Local zoning, building codes, National , state and local fiscal policies, Special
legislation that affect value, such as legislation affecting the type of loans, loan terms, and
investment power of mortgage lending institutions.

4. Environmental Forces- there are many natural and man-made environmental factors that
affect the vales of a property. These are Climatic conditions such as rain fall, snow,
temperature humidity, Topography and soil, Natural barriers to future development such as
rivers, transportation systems, and Toxic contaminants.

Self-check Questions

1. Define the terms Expropriation, Valuation and Compensation.

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2. What are the main purposes of property valuation?

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3. Distinguish the difference among price, cost and value.

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4. What are the factors that affect the value of property?

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1.5. Benefits of Good Land Administration System

Dear trainee! What do you expect from the benefits of a good land administration

system in a country?

---------------------------------------------------------------------------

---------------------------------------------------------------------------

-------------------------------------------------------

Have you tried to do this question? If your answer is no, please try to discuss with your
friends and answer the question. If your answer is yes, good, write your answer on a rough
paper and try to relate it with the following analysis.

According to United Nations Land Administration Guidelines (1996); a good land


administration system should produce several benefits, many of which cannot in practice be
quantified in cash terms. These benefits are described as follows:

1. Guarantee of ownership and security of tenure

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

The compilation of land records and the judicial processes that must be gone through in order
to bring land information on to the register should provide informal identification and in
some systems legal proof of ownership. The public registers should contain all essential
juridical information allowing anyone viewing the system to identify third party rights as
well as the name of the land owner. In some systems, such as in the English registration of
title to land, the State then guarantees the details recorded in the register, so that if a mistake
were to occur, compensation would be paid. In other words, the registers are treated as
primary evidence rather than definitive proof. The Netherlands is an example of the later,
although any enquirer is against inaccurate or in complete information either contained in the
deeds entered in the public registers or caused by errors, omissions, delays, or other
irregularities. Thus, although there is technically no guarantee of ownership per se, the
integrity of the system is sufficiently high for land owners to have full confidence in their
rights.

2. Support for land and property taxation

Good land records will improve efficiency in collecting land and property taxes by
identifying landowners and providing better information on the performance of the land
market, for example by identifying the prevailing prices being paid for property and the
volume of sales. Since the cadastre should provide full cover of the land, all properties can be
included and none should be omitted.

While not all nations seek to impose tax on land or property, such fiscal measures are
regarded by many as fair and just since they are perceived in effect as taxes up on wealth.
They are relatively easy to collect in contrast for example to personal income taxes where
earnings can be hidden. It is not possible to hide a piece of land or building although it is
possible to conceal the records of such property. A moderate land tax imposed and collected
by local Governments can make an important contribution to effective decentralization. A
land tax is one of the few taxes that can provide revenues for the local governments. Several
countries have attempted to implement progressive land taxes, where the tax rate would
increase with land area or value. It has been intentionally made so as to make land
speculation less attractive and to induce large landowners to use their land more intensively

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

3. Provide security for credit

Certainty of ownership and knowledge of all the rights that exist in the land ought to provide
confidence for banks and financial organizations to provide funds so that landowners can
invest on their land. Mortgaging land is one way to acquire capital for investing in
improvements. Land owners can then construct or improve buildings and infrastructure or
improve their methods and management of the land, for example by introducing new farming
techniques and technologies.

4. Develop and monitor land markets

The introduction of cheap and secure way of transferring land rights means that those who
wish to deal in land can do so with speed and certainty. Those who do not wish to sell their
land can be protected.

The registers should be public so that at any time a land owner can confirm his or her rights.
Those who wish to buy land can do so with confidence, knowing that the person who is
trying to sell the land is the legally guaranteed owner. Those whose properties are subject to
compulsory purchase, for instance where a new high way is to be built across their land, can
be treated with fairness since the registers should provide information on current land prices,
thus allowing better estimates of the market value of land to be made.

5. Protect state lands

In many countries land that is held by the state for the benefit of the community is poorly
documented. This is not the problem in countries where the State owns all land but where
there is private landownership that which remains in the possession of the State must be
properly managed. In all societies the State is the major land owner and its property must be
protected for example from encroachment by farmers on to land besides roads or from
attempt by squatters to settle on the vacant land that is being held for future use. The State
needs to manage its property assets and to ensure their efficient use and upkeep every bit as
much as does the private citizens. A system of registration of title to land will facilitate this.

6. Reduce land disputes

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

In many nations dispute over land and its boundaries give rise to expensive litigation and all
too often lead to break down the law and order. Much time is taken up by courts in resolving
these matters, leading to delays in other parts of the judicial system

Land often cannot be put on to the market or put to better use without resolution of the
disputes since no potential investor is likely to wish to be committed to develop land where a
lawsuit may be pending. The process of registering rights should prevent such disputes
arising in the future since at the time of first registration formal procedure should be followed
that will resolve uncertainties.

7. Facilitate rural land reform

The distribution of land to landless, and consolidation and redistribution of land for more
efficient use all require detailed records of the present ownership and use of the land.
Compensation may need to be paid to those who lose out in such a process, or many may be
taken from those who make special gains. The design of new patterns of land ownership to
provide greater productivity from the land can be effective only if the existing pattern is well
documented.

8. Improve urban land planning and infrastructure development

As with rural land reform urban centers need redevelopment and effective land use planning
and control. In many nations the control of development and the issuing of building permits
are the responsibilities of the local municipal authority.

A good land administration system should permit the integration of records of land
ownership, land value and land use with sociological, economic and environmental data in
support of physical planning. The availability of up-to- date large scale cadastral plans of
urban areas provide the basic framework within each development schemes can be planned
and assessed and acceptable designs implemented.

9. Support environmental management

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

Multi-purpose cadastral records can be used to record conservation areas and give details of
archaeological sites and other areas of scientific or cultural interests that may need to be
protected. The cadastre can be used in the preparation of environmental impact assessment
and in monitoring the consequence of development and construction of projects. For example
in the Netherlands there is a register of presently polluted sites and formerly polluted sites
that have been decontaminated.

10. Produce statistical data

By monitoring the ownership, value and use of the land, data can be assembled for those
concerned on the one hand with resource allocation and on the other hand with the
performance of development programmes. Both long term strategic planning and short term
operational management require data in support of decision making.

11. Contribute to good governance

Governments with a record of transparency, accountability and responsiveness are far more
likely to attract investment, provide high-quality public services and manage resources more
cost-effectively than those which activities are opaque and not open to public scrutiny.
Corruption may breed where government officials have discretion without accountability,
especially in government agencies involved in provision of services to the public including
land, health and education. Experience suggests that governments typically do not welcome
public scrutiny. Efficient, effective, transparent and accountable land administration services
are as much about the administration of land as they are about the civil service that operates
within any country. Typically, reform of land administration in any country is a long-term
prospect requiring decades of sustained commitment. It is a major investment of capital and
human resources and requires strong and consistent leadership in order to achieve effective,
sustainable outcomes.

Self-check questions

1) Define the concept of land administration

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2) Describe the three key attributes of land administration

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3) Explain Land administration functions

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4) Explain the Benefits of Good Land Administration System
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Dear trainee! Have you answered these questions? If your answer is no, please reread this
section and try to answer these questions. If your answer is yes, very good, go to the next
section.

1.6. Concepts related to Land Administration

1.6.1. Land tenure

Dear trainee!, What is land tenure and its


types?--------------------------------------------------------------------------------------------------------
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What is tenure security?
----------------------------------------------------------------------------------------------------------------
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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

Have you tried to do these questions? If your answer is no, please try to discuss with your
friends and answer the questions. If your answer is yes, good, write your answer on a rough
paper and try to relate it with the following analysis.

Land tenure is the relationship that individuals and groups hold with respect to land and land-
based resources, such as trees, minerals, pastures, and water. Land tenure rules define the
ways in which property rights to land are allocated, transferred, used, or managed in a
particular society. When land tenure is secure, land can be a cornerstone for economic
growth and an incentive for investment, but when land rights are insecure, this can lead to
conflicts, instability and the exclusion of vulnerable groups, such as women, indigenous
people and the poor.

While all societies have land tenure systems, each system has a unique set of rules and no
single system of governance can be universally applied. Tenure systems define who can hold
and use resources, for what length of time, and under what conditions. These rules may be
well defined or ambiguous and open to misinterpretation and exploitation. When both formal
and informal systems exist within a society, tenure rules can be overlapping leading to
confusion and insecurity. Land tenure may also vary by gender, ethnicity, class, and political
affiliation.

Different land tenure systems have their advantages and disadvantages. Customary systems,
which are often based on traditional, unwritten, and locally relevant rules about how to use
and allocate land and resources, facilitate social cohesion, but they may not be able to
withstand increasing pressure on land and resources both from within the community and
from the outside (compared with statutory systems which provide written legal rules or
written case law about these issues). Individual land ownership may put land to the most
economically efficient use, but it may exclude disadvantaged populations, such as the poor,
and limit state land management options. Public (or state) land ownership may withhold land
for conservation purposes or public land management and facilitate more equal access to
prime locations, but it may lead to poor land use and land management outcomes as a result
of bureaucratic inactivity and corruption. For inclusive and sustainable land governance, it is

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

important that land systems are evaluated holistically, to understand how and why decisions
on land and natural resources are made, implemented and enforced in both formal and
informal settings.

Security of tenure is the perception by people that their rights to land will be recognized by
others as legitimate and protected in the event of specific challenges. People often feel secure
when they have a full set of use and transfer rights of sufficient duration to recoup any labor
and capital they invest in land or property and when they are able to enforce those rights
against the claims of others. Some people will refer to a “bundle of rights” in land and
resources. This bundle is composed of various “sticks” — each of which represents a right to
use, manage or transfer the asset. Another important element of security is that people feel
assured that they will be able to capture the benefits derived from those rights and related
investments. The provision of security of tenure and property rights has become a major
vehicle for economic growth, social development, poverty alleviation, and natural resource
management. Security of tenure can be provided from a variety of sources: it may stem from
a community and the user groups that form within it (e.g., water users, pastoralists, farmer
groups); or it can stem from administrative user groups (e.g., districts organized around key
assets) or from government and legal institutions within government. Therefore, we should
not think of secure tenure as strictly formal or informal but acknowledge it as a broader range
of systems.

Tenure security has become an essential part of a large programmatic push aimed at
increasing inclusive investment in land, agricultural production, sustainable natural resource
management, and the move toward market economies. Increasingly, efforts are focused on
multiplying the effects of secure tenure and property rights from various sources. For several
decades, efforts to provide secure tenure and property rights have specifically focused on
land law, land titling and registration, land administration, and the redistribution or restitution
of land. More recently, the development community has examined ways to expand secure
land tenure and property rights by supporting efforts to recognize and respect customary
rights to use, manage and allocate rights to land and resources as a means to contribute to
both economic growth and sustainable natural resource management.

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

Land tenure and Gender


Land tenure security is crucial for women's empowerment and a prerequisite for building
secure and resilient communities. Tenure is affected by many and often contradictory sets of
rules, laws, customs, traditions, and perceptions. For most rural women, land tenure is
complicated, with access and ownership often layered with barriers present in their daily
realities: discriminatory social dynamics and strata, unresponsive legal systems, lack of
economic opportunities, and lack of voice in decision making. Yet most policy reform, land
management, and development programs disregard these realities in their interventions,
which ultimately increases land tenure insecurity for rural women.

Self-Check Questions

1. Explain what land tenure and tenure security


are.---------------------------------------------------------------------------------------------------
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2. Describe major land tenure types.
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----------------------------------------
3. What are advantages and disadvantage of each tenure
type?-------------------------------------------------------------------------------------------------
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4. Explain the relationships between land tenure and gender.
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--------------------------------

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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1.6.2. Land Management

Dear trainee!, What is land


management?-----------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
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What does it embraces?
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------

Have you tried to do these questions? If your answer is no, please try to discuss with your
friends and answer the questions. If your answer is yes, good, write your answer on a rough
paper and try to relate it with the following analysis.

Dear trainee! As it is pointed out in the Bathurst Declaration on Land Administration for
Sustainable Development (1999), the relationship between land and people has resulted in
the following problems:
 degradation of land due to unsustainable land use practices;
 lack of land for suitable urban development;
 lack of security of tenure (which in many societies impacts most severely on women
and children);
 inequitable access to land by indigenous peoples and minority groups; access to land
by women;
 increasing vulnerability to disaster;
 destruction of bio-diversity;
 lack of adequate planning and of effective land administration;
 tensions between environmental conservation and development; and
 impact of market forces on traditional economies and tenures

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

Therefore, good land resource management is very crucial to avoid or at least to minimize
such problems and to provide its optimum and effective usage. Its effective utilization and
management is a major contributor of social and economic development.

Land Management is the processes by which the resources of land are put to good effect. In
addition to this, it is an integrated system which solves land related problems. It covers all
activities concerned with the management of the land as a resource both from an
environmental and an economic perspective. It can incorporate farming, mineral extraction,
property and estate management, and the physical planning of towns and the countryside.
(UNECE, 1996)
Some of the critical objectives that must be addressed by land management policies today
include:
 Property conveyance, including decisions on mortgages and investment;
 property assessment and valuation and thus supporting government services through
taxation and fees related to land and improvements

 improving the efficiency of land resource use providing incentives for development,
including the provision of residential housing and basic infrastructure such as sewer
and water facilities;

 the management of land resources such as forestry, soils, or agriculture to support the
rapidly growing population of many countries;

 the formation and implementation of land use planning;


 environmental impact assessment;
 the monitoring of all activities on land that affect the best use of that land
 protecting the natural environment from degradation;

 providing equitable and efficient access to the economic benefits of land and real
estate markets;

Land management is a comprehensive expression for actions targeting to accomplish these


recognized objectives for the use of certain land resources. Therefore, there ought to be

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

access to information about land such as information about land resource capacity, land
tenure and land use so as to achieve the above specified objectives of land management. This
information is crucial for:

 identifying problems and priority concerns;


 formulating and implementing appropriate land policies and strategic plans to address
the problems;

 supporting land use planning and land development activities;

 providing cost-effective land transaction processes to support economic development;

 implementing equitable and efficient property taxation systems;

 monitoring land use to ensure the identification of new problems and to evaluate the
effect of land policies

To be able to develop such knowledge into a land management program for handling the land
there is also a need for policy against which the information received can be treated. Land
administration and land development schemes can be formulated based on knowledge of
conditions, needs, trends and on the accepted goals for the land. In the case where
considerable changes in land use are considered, alternative plans should be worked out and
their economic or other consequences should be appreciated and evaluated. At this stage, the
general goals formulated earlier are developed into more specific operational goals adapted
to the situation and problems in question. Based on such considerations, an action plan can
be chosen and the best methods of implementation can be investigated. Normally, a plan and
its implementation are interrelated to a certain degree. Each land management program has to
be adapted to the potential for implementation and its costs and problems. A well-functioning
system of land management should also involve the study and evaluation of the results
achieved by the activities, be monitoring, administration or development. This knowledge
should be fed back to the general information and experience base to influence continued
management.
The functions of land management in sustainable development can be summarized as
follows.

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

 It establishes an effective and transparent real estate market by providing information


and protecting rights on land;
 It results in well-balanced urban and rural development by supervision, land
arrangements, planning and acquisition land for public interests;
 It assures environmental protection by environmental impact assessment and land
policies
Dear trainee! By now you have completed the second section of this unit. Therefore, try to
do the following questions to examine how you have understood this section

Self-Check Questions

5. Explain what land management


is.----------------------------------------------------------------------------------------------------
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-----------------------------------------------------------------
6. What are the matters included in land management?
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----------------------------------------
7. Describe the functions of land
management----------------------------------------------------------------------------------------
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8. What does land reform represent?
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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

1.6.3. Land Reform

Dear trainee! Have you ever heard about the word land reform? What does land
reform involve?
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Have you tried to do these questions? If your answer is no, please try to discuss with your
friends and answer the questions. If your answer is yes, good, write your answer on a rough
paper and try to relate it with the following analysis

The term land reform has several meanings. It may involve the restoration of land rights to
previous owners, a process known as land restitution. This occurred in countries in transition
when former private rights in land were restored. Land reform may involve the redistribution
of land rights from one sector to another, for example, by taking land from the State or form
individual owners of large estates and giving it to people who have no land. Land reform
may also involve land consolidation in which all land owners with in an area surrender their
land and are allocated new parcels of comparable value but in a pattern which encourages the
more efficient and productive use of the land. Land reform may also involve changes in the
tenure of the land that is in the manner in which rights are held, thus abolishing complex
traditional and customary rights and introducing more simple and streamlined mechanisms of
land transfer. The impact on land may be preplanned, but it may also result from property tax
reforms that alter the value of land and in consequences its use.

Land reform program normally affect selected areas such as agricultural land or urban
centers. In rural areas the program may be designed to facilitate
 changes in the technology of agriculture
 the type of crops
 the manner of husbanding the land
 the financing of development

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

 marketing of products, etc

In urban areas land reform program may incorporate


 major infrastructural development
 the taxation of buildings as well as land
 changes to the manner and use of land and properties

Therefore land reform covers a multitude of possible activities, not all of which may occur in
any given reform program.

Dear trainee! By now you have completed the second section of this unit. Therefore, try to
do the following questions to examine how you have understood this section

Self-Check Questions

1. What does land reform represent?


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--------------------------------------------------------------
2. What is the difference between urban and rural land reform?
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------------------------------

1.6.4. Land Policy

Dear trainee! Have you ever heard about land policy? What does it
reflect?-------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
-----------------------

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

Have you tried to do this question? If your answer is no, please try to discuss with your
friends and answer the question. If your answer is yes, good, write your answer on a rough
paper and try to relate it with the following analysis.

As described earlier land administration systems are not a purpose in them. They are part of
such a broader land policy. Land policy reflects the way governments want to deal with the
land issue in sustainable development, or as the UN ECE Guideline put ‘land policy consist
of the whole complex of socioeconomic and legal prescriptions that dictate how the land and
the benefits from the land are to be allocated’. That of course depends on the culture, history
and attitude of a people. Land administration systems give support to the implementation of
land policy.

According to the Bogor Declaration, arising from the United Nations Inter-regional Meeting
of The Experts on The Cadastre (1996), Land policy is a part of the national policy. It is
generally related to economic development, social justices and equity, and political stability.
Land policy includes:
 Provision of tenure security
 Improvement in access to credit
 Land reform
 Land titling
 Resolution of issues of related to traditional or customary tenure
 Facilitate special attention to provision of land for the poor, ethnic minority, women
 Facilitate physical planning and land use
 Issues related to real property taxation
 Measures to prevent land speculation and land dispute

The land policy is categorized as urban land policy and rural land policy. The general
purpose of the urban land policy is “to harmonize the individual ownership and the public
interests on the land and also prevent using land against the public interest.”
The purpose of urban land policy is detailed as follow;

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

 to facilitate of urban development plans applications,


 to increase urban parcel supply,
 to prevent inflation in property price,
 to gain the value increment that is a result of planning decisions to public

The basic objectives of the rural land policy are:


 to provide protecting of environment and nature life,
 effective usage of rural land to meet community nutrition and settlement
needs
To summarize, land policy has to tending to promote economic and social development in
both urban and rural areas.
Dear trainee! By now you have completed the third section of this unit. Therefore, try to do
the following questions to examine how you have understood this section.

Self-Check Questions

1) What is land policy? What does it include?


-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
--------------------------------------
2) Describe the aim of urban land policy and rural land
policy------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
--------------------------
Dear trainee! Have you answered these questions? If your answer is no, please reread this
section and try to answer these questions. If your answer is yes, very good, go to the next
section.

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

1.6.5. Land consolidation

Dear trainee! How do you define the term land consolidation in your own words?

----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------

Have you tried? That is good. There is a problem of land fragmentation among smallholder
farmers in several developing countries due to various reasons. Land consolidation assists
farmers to form larger and more rational landholdings. Land consolidation has also been
undertaken for achieving a wide range of rural development objectives. Thus this section
discusses the definition of and consolidation and the main principles of land consolidation. In
addition to this, it includes preconditions that should be fulfilled for undertaking land
consolidation and the different approaches to land consolidation. Moreover, it also explains
the role of land consolidation for rural development.

Land consolidation is sometimes incorrectly defined as only the simple reallocation of


parcels to remove the effects of fragmentation as there is a problem of land fragmentation in
most developing countries in the world. However, land consolidation has been related to
broader social and economic reforms from the time of its earliest applications in Western
Europe. For instance, Denmark initiated its land consolidation activity in the 1750’s. It was
intentionally done as a part of social reform to free people from obligations to noble
landlords by establishing privately-owned family farms. The consolidation of fragmented
holdings did result in improved agricultural productivity but this was not the only objective
of these reforms. Land consolidation has been undertaken for achieving a wide range of rural
development objectives, ranging from agricultural improvement to village renewal and
landscape development and protection.

Land consolidation has always been regarded as an instrument or entry point for rural
development. Early concepts of rural development were virtually the same as agricultural
development because of the predominant role of agriculture in rural areas at the time.

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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Improving the agrarian structure was considered as being similar for marinating the social
viability in rural areas; what was good for the farmers was good for rural areas. Therefore,
the overall objective of early projects of land consolidation was to improve the net income of
farmers from land holdings through increasing the volume of production and decreasing its
costs. Emphasizing on agricultural development, land consolidation projects were used to
consolidate parcels and enlarge holdings and provided
 irrigation and drainage infrastructure to improve water management,
 construction of rural roads,
 land leveling,
 oil improvement measures and
 changes to land use such as converting agriculturally inferior land into forest land or
wetlands
Although rural space is now no longer regarded as one of agricultural production alone, such
agricultural improvements are still necessary. Concepts of rural development have become
much broader and have expanded to include increased environmental awareness and a wide
range of nonagricultural applications. Thus, the concern of land consolidation projects has
shifted from a focus on restructuring agriculture to one of achieving more efficient multiple
use of rural space by balancing the interests of agriculture, landscape, nature conservation,
recreation and transportation, especially when land is required for the construction of major
roads.
Environmental conditions are being given increasing priority. Roads are being constructed to
suit the landscape. Water bodies are being restored, often with buffer zones. Land
consolidations activities are also used for the protection of wetlands and to change land use
patterns especially in areas endangered by frequent floods or soil erosion.
Land consolidation is able to result in improvements in agriculture. Allowing farmers to
acquire farms with fewer parcels that are larger and better shaped and to expand the size of
their holdings enables them to become more competitive. Improving the tenure structure can
facilitate the adoption of new agricultural technologies leading to a more prosperous and
efficient agricultural sector. For instance, Western European countries have generated

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

certain benefits from land consolidation such as increases in the gross income of farmers and
a reduction in the working hours in the field.
Land consolidation is a constantly evolving tool, which must be respectful of human rights,
tenure rights, and the environment. It may also contribute to achieving the 2030 Sustainable
Development Goals, in particular, rural land-related targets, including (i) target 2.3 of
doubling “the agricultural productivity and the incomes of small-scale food producers”; (ii)
target 1.4 to ensure that all men and women have equal rights to “ownership and control over
land”; (iii) target 5.a to undertake reforms giving women “access to ownership and control
over land”; (iv) target 15.1 of ensuring the “conservation, restoration and sustainable use of
terrestrial and inland freshwater ecosystems”; and (v) target 15.3 to “combat desertification,
restore degraded land and soil”.

Principles of Land Consolidation


 The objective should be to improve rural livelihoods rather than to improve only the
primary production of agricultural products.
 The end result should be community renewal through sustainable economic and
political development of the whole community, and the protection and sustainable
management of natural resources.
 The process should be participatory, democratic and community-driven in practice
and not only in concept.
 The intervention should be to assist the community to define new uses for its
resources and then in reorganizing the spatial components accordingly.

Preconditions for land consolidation


There are a number of conditions that should be satisfied so as to undertake land
consolidation activities. Stakeholders should be willing to participate actively in the decision-
making process of a project. In addition to this, the process should be demand-driven and a
land consolidation site must be identified where local citizens and community authorities are
interested in land consolidation. Moreover, reallocation of land parcels ought to be carried
out in line with the rural development and agricultural sector strategy, and the protection of

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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natural resources so that the land consolidation project will be implemented effectively.
Furthermore, a land bank is very important in a comprehensive land consolidation
programme even if it is not being considered as a prerequisite for a pilot project. However,
the site selected for the pilot project should have adequate supplies of land owned by the state
or local government that can be used for exchanges, to enlarge holdings and to locate public
facilities.

Approaches to land consolidation


There are different approaches to land consolidation. These are:
 Comprehensive land consolidation
 simplified land consolidation
 voluntary group land consolidation
 individual land consolidation
Now let us discuss each approach turn by turn.

Comprehensive land consolidation: In this approach land consolidation is emphasized on


the re-allocation of parcels together with a wide range of other activities that support rural
development. Examples of such activities include village renewal, support to community-
based agro-processing, construction of rural roads, construction and rehabilitation of
irrigation and drainage systems, erosion control measures, environmental protection and
improvements including the designation of nature reserves, and the creation of social
infrastructure including sports grounds and other public facilities.

Simplified land consolidation: Certain nations have implemented a simplified way of land
consolidation. Simplified land consolidation optimizes conditions in the agricultural sector
through the re-allocation or exchange of parcels, and the provision of additional lands from
land banks. They are usually combined with the rehabilitation of infrastructure and
sometimes the provision of minor facilities. However, they do not include the construction of
major public works. Rather they can provide the framework for their construction at a later

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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stage. Procedures for simplified land consolidation projects tend to follow those of
comprehensive projects but some of the requirements may be relaxed.

Voluntary group land consolidation: Some countries have implemented voluntary land
consolidation. In this approach all participants have to accept the proposed project since land
consolidation is completely voluntary. As a result, voluntary projects tend to be small, and
voluntary consolidation tends to be best suited to address small and localized problems. In
some countries, voluntary projects usually have fewer than ten participants. However, in
Denmark almost all land consolidation projects have been undertaken in a completely
voluntary process and are typically based on negotiations with about 50 land owners,
although some projects have involved about 100 participants.

Individual land consolidation: In this approach consolidation of land holdings can be carried
out informally and on sporadic basis. The state is not directly involved and so these
initiatives do not include the provision of public facilities. However, the state can play a
significant role in encouraging consolidations that improve agriculture by promoting
instruments such as joint land use agreements, leasing and retirement schemes.
The role of land consolidation for rural development
The primary role of land consolidation has been to bring fragmented parcels of land together
to create economic units of parcels so as to increase productivity of rural land. A well-
planned and implemented consolidation scheme can greatly improve the yields and
economics of agriculture in an area, in addition to providing the major new plot structure and
new infrastructure. During the process of land consolidation, particularly when it occurs over
a large area, it is usual to undertake major infrastructure development side by side, which
would otherwise have been uneconomic if the purpose is only assembling many parcels into
few parcels.
Land consolidation is a very successful instrument so as to attain an overall and integrated
rural development:
 Improvement of rural living conditions and not only the improvement of primary
agricultural production;

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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 Renewal of villages by permanent economic and political development of the


community and the protection and management of natural resources;
 Active and democratic participation;
 Assistance to villages in order to define the new use of community resources and
appropriate spatial rearrangement;
 Connection between the elements of rural development and the elements of wider
regional development including connections between rural and urban area
Land consolidation has always been regarded as an instrument or entry point for rural
development. Early concepts of rural development were virtually the same as agricultural
development because of the predominant role of agriculture in rural areas at the time.
Improving the agrarian structure was viewed as being identical to maintaining the social
viability in rural areas; what was good for the farmers was good for rural areas. An overall
objective of early land consolidation projects was thus to increase the net income from land
holdings by increasing the volume of production and decreasing its costs. With this focus on
agricultural development, these projects served to consolidate parcels and enlarge holdings
and included provisions such as irrigation and drainage infrastructure to improve water
management, construction of rural roads, land leveling, soil improvement measures and
changes to land use such as converting agriculturally inferior land into forest land or
wetlands.
Land consolidation also plays an important role in safeguarding the rural environment.
Now, concepts of rural development have become much broader and have expanded to
include increased environmental awareness and a wide range of nonagricultural applications.
The emphasis of land consolidation projects has shifted from a focus on restructuring
agriculture to one of achieving more efficient multiple uses of rural space by balancing the
interests of agriculture, landscape, nature conservation; recreation and transportation
purposes. Environmental conditions are being given increasing priority. Roads are being
constructed to suit the landscape. Water bodies are being restored, often with buffer zones.
Land consolidation projects are also used for the protection of wetlands and to change land
use patterns especially in areas endangered by frequent floods or soil erosion.
Land consolidation now encompasses activities of village renewal. Projects include

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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providing adequate land for new houses and workplaces to improve living and working
conditions. Along with the changing rural economy, buildings previously used for agriculture
are renovated and converted to other social and commercial uses. In line with other changes
in the concept of rural development, land consolidation now places increasing importance on
gender inclusion, participatory approaches and the use of mediation and alternative dispute
resolution in resolving conflicts.

Self-Check Questions
1. How do you define the term Land
consolidation?------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
-------------------------------------------------
2. Describe the guiding principles of land
consolidation.------------------------------------------------------------------------------
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-----------------------------------------------------------------------------------------------
---------------------------------------------
3. What are the approaches of land
consolidation?------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
--------------------------------------------------
4. Discuss the role of land consolidation for rural
development.-------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------

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----------------------------------

1.6.6. An overview of Land Lease

Definition of Lease

Dear trainee! How do you define the term lease in your own words?

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Have you tried? That is good. Oxford student’s dictionary (1988), defines lease as a written
agreement by which the owner of land or a building (the lessor) agrees to let to another (the
lessee) to have the use of it for a fixed rent payment and period of time. Simpson (1978) on
the other hand defines lease as follows:

A lease may be defined as a contract granting the exclusive right to possession of land
for a fixed or determinable period\ shorter in duration than the interest of the person
making the grant. The interest created by the grant is formally called a term of years
“but is more usually referred to as a “lease” or a lease hold interest.” The granter is
called the “lessor” or “land lord” and the grantee the “lessee” or “tenant”.

Use and purpose of lease

Lease is another means of land holing system. Lease may be of private or public one. For
both the state and private individuals lease is a means of income for it is also another form of

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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land market. The income from land lease has significant part in the overall GDP of a country
in general and in the real estate transaction income in particular. In the absence of an
effective land taxation system, one of the means by which local governments increase
revenues is through public land leasing. There is evidence that land leasing has been
happening on a large scale. Some countries secure a particular place for lease purpose. For
example, the city of Sydney, in Australia, is a good example. In Sydney the only means of
land acquisition is lease. They call is ground lease for the state or municipality, as the case
may be, transfer the ground land by way of lease. In other words, to collect rent from transfer
of land by way of lease, states may reserve particular land for this purpose. On the other side
of the coin, lease is a means of acquisition of land. In industry and agriculture lease is
preferable since the business may not be long lasting. Sometimes it is easy, if not cheaper, to
get land by way of lease rather than purchasing. Even the procedure, for example in Ethiopia,
is shorter and easier than land grant for land lease policy is more responsive to demand of
land supply. From private lease point of view, those who could not afford to buy land from
the land lords had the only choice of leasing land.

Rural Land Lease


Dear trainee! In this section you will be introduced about rural land lease arrangements. The
leasing of land is a significant element of the environment in which farming operates
throughout the world. Agricultural leasing arrangements are a fact of life. There is a large
variety of such arrangements, from the small scale labor tenancies and share cropping
agreements common in Africa, Asia and Latin America, to the highly mechanized
agricultural tenancies of northern Europe and other areas. Rural land lease can also be termed
as agricultural land lease as known elsewhere. However, in Ethiopia, there is another form of
lease of rural land for investment purpose. Lease is one form of land holding rights
recognized by rural land proclamation. The Federal rural land administration and use
proclamation No. 456/2006 in its definition of “holding rights”, among others, include lease
as one form of right. Hence, rural farmers are allowed to lease or rent their land to any person
who wishes to involve in the agricultural sector.

Types of Rural Land Lease Arrangements

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
administration experts adopted from TVET program

Dear trainee! What do you think are the types of agricultural leasing arrangements? Let
you try please.

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Have you tried? That is nice. The most significant positions in the range of leasing are:

Contractual license arrangements

In contractual license arrangements, the landowner determines and largely undertakes all
farming decision-making and operations, but licenses others to perform certain functions,
often involving crop planting and harvesting. Contractual license arrangements, in their
various forms, are found throughout the world, particularly where there is a shortage of
resources such as capital or skilled management. At its most basic, the contractual license
arrangement involves the landowner contracting out (as opposed to leasing out) all or certain
farming operations.

The labor tenancy: is found in the rural areas of many countries in Africa and Asia. In many
ways, it is similar to contractual license arrangements, although rather than receive a direct
payment or fee, the land-poor laborer receives usufruct rights to a small parcel of land (and
sometimes a dwelling). The laborer often has relative freedom to use the land either for
subsistence, or to produce a cash crop for sale. However, it is equally recognized that such
forms of tenancy often amount to little more than bonded labor, with workers quite unable
to earn enough from the small parcels to free themselves from what is often an exploitative
relationship

Sharecropping, in which the expectation is that both landowner and tenant share the cost of
inputs and receive a share of outputs. Historically, sharecropping has been favored as a
means of putting large land holdings into production without the risk and administrative
problems of hiring wage labor. As such, sharecropping has been popular with landowners, as
a flexible form of labor that is created and disbanded according to production conditions.

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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Sharecropping is also seen to be low cost and relatively low-risk for the landowner, as long
as there is a sufficient supply of potential sharecroppers. As a result, it is widely
acknowledge that landowners have been able to use sharecropping arrangements as a means
of extracting cheap labor from land-poor peasants.

Fixed rent tenancies:

Fixed rental agreements, more than sharecropping or partnerships, are used when
landowners are absent from their estates, and require an income stream to be generated in
their absence. Such tenancies are generally restricted to tenants of some socioeconomic
standing (and with access to capital), rather than being generally available to all resource-
poor farmers. In the more developed agricultural markets of Europe and North America, the
fixed rent tenancy is a standard vehicle for delegating the management of a farm from its
owner to a commercial tenant farmer. Although the actual lengths of the lease term can vary,
the level of capital investment is such that many tenants remain in occupation for a number
of years, adopting farming and management practices indistinguishable from owner-farmers.
Equally, fixed rent tenancies can be for bare land, taken on an annual basis.

However; the Ethiopia federal rural land proclamation reveals that there are three types of
lease arrangements concerning rural land holding. These are:

 Leasing/renting out farm land to other farmers


 Leasing/renting out farm land to investors
 State lease land to investors

Urban Land Lease

Land is a key natural resource that requires proper consideration in urban development. The
misuse of land does not only waste a scarce resource but also affects other sectors of
development. The proper utilization of land requires the recording of rights over land and
conditions of use and facilitating the smooth transfer, on a market principle or otherwise, to
other users. Achieving efficient land use, encouraging investors and investment and realizing
the cost of urban land and make an efficient use of it are some of the major national goals in

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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Ethiopia. To achieve these goals, the government of Ethiopia has accepted urban land lease
policy as the alternative land tenure system so as to provide a room for individuals and
investors to land to use land use rights through transferring from the state to land users.
To enhance overall economic and social development in general and urban development in
particular, the present government of Ethiopia had taken the measure of urban land lease
policy to transfer urban land to different urban land users with a fair price consistent with
the principle of free market. The present government committed to a free market philosophy
has made important changes on policies of urban land lease holding system. It is believed
that transferring urban land by lease for a fair price, consistent with the principles of free
market, will help the expansion of investment and urban land development in particular and
overall economic and social development in general. It has been found necessary, arising
from these circumstances, that lease has been issued as the exclusive urban land- holding
system (Habtamu, 2015).
Fundamental principles of Urban Land lease (Proclamation No.721/2011)
The reasons for the final revision of the lease are to address the following principles that are
explicitly indicated under article 4 of proclamation 721/2011.
 The right to use of urban land by lease shall be permitted in order to realize the
common interest and development of the people.
 The offer of lease tender and land delivery system shall adhere to the principles of
transparency and accountability and thereby preventing corrupt practices and abuses
to ensure impartiality in the process.
 Tender shall reflect the prevailing transaction value of land.
 The urban land delivery system shall give priority to the interests of the public and
urban centers to ensure rapid urban development and equitable benefits of citizens
and thereby ensure the sustainability of the country's development.
Modes of Land Acquisition
Previously, in the repealed lease laws, there were four means of urban land acquisition:
auction, negotiation, assignment and lot. Now, since most of them open a door for
corruption, now in the current urban lease law (Proc. no 721/2011 ) tender and allotment are
the only means of leasehold right transfer from government to citizens. Allotment is

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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permitted to those institutions that have directly or indirectly public advantage, upon
decisions of the cabinet of the concerned region or the city administration. The following are
the list of institutions that are permitted urban land through allotment: office premises of
budgetary government entities and social service institutions run by government or charitable
organizations, public residential housing construction programs and government approved
self-help housing constructions, places of worship of religious organizations, manufacturing
industries, use of embassies and international organizations as per agreements entered into
with the government, projects having special national significance and considered by the
president of the region or the mayor of the city administration and referred to the cabinet.
Moreover, a person who is displaced from his house as a result of urban renewal shall get
land by allotment.

Self-Check Questions
1. Define the term
lease.------------------------------------------------------------------------------------------------
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2. What are the types of rural land lease arrangements?
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3. Describe the fundamental principles of Urban Land Lease policy of Ethiopia.
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4. What are the main modes of urban land acquisition as per the Urban Land Lease
Proclamation No 721/2011?

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1.7. Historical Overview of Land Administration in Ethiopia

Dear trainee! Describe the historical overview of land administration in Ethiopia


------------------------------------------------------------------------------------------------------------
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--------------------------------------------------------------------------------------------------------

Have you tried to do this question? If your answer is no, please try to discuss with your
friends and answer the question. If your answer is yes, good, write your answer on a rough
paper and try to relate it with the following analysis.

Land continues to be a major political issue in Ethiopia and a defining factor contributing to
and resulting from regime changes in the country. As a result, the land administration
systems have evolved organically over time, usually in response to emerging political issues.

1.7.1. Pre-1974 – Imperial Regime

During the imperial regime of Haile Selassie, a wide range of land tenure systems existed in
the country. Ethiopia had one of the most complex combinations of land-use systems in
Africa (Dessalegn 1984). Communal land ownership was the dominant system in the
northern highlands. In the southern highlands two-thirds of the land was owned by the
Ethiopian Orthodox Church and large landlords, mainly civil and military servants of the
imperial regime. In the lowland regions, the tenure system was characterized by communal

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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ownership of land by pastoralists and governed through customary property-based system -


this is still in force and plays a role in property-based transactions.

1.7.2. The Derg – Nationalization of Land

The origin of the current systems lies in the land reform instituted by the Derg (the
Coordinating Committee of the Armed Forces, Police and Territorial Army) after its
revolution in 1974. The ‘Land to the Tiller’ policy nationalized all land into public ownership
(without compensation), took commercial farms into state control and redistributed land
(through a hierarchy of associations and cooperatives) - through the Public Ownership of
Rural Lands Proclamation (31/1975).

Urban land was not included in the initial proclamation, but the Derg later took urban lands
into state ownership through the Government Ownership of Urban Land Proclamation
47/1975 - this included nationalizing all ‘extra houses’ and providing them as low-cost
‘kebele housing’. It also abolished tenant-landlord relationship and eliminated private rent
payments (but provided for rental payments to government). In addition to kebele housing,
there are individual occupiers with title deeds that date from the period before nationalization
known as ‘old possessions’ or ‘old holdings’. Although they no longer own the land under
subsequent legislation, they have permits for the properties built on the land.

The Derg also instituted a forced resettlement programme that moved hundreds of thousands
of people - initially from northern drought-affected areas to areas in the west and south that
had more consistent rainfall. However, critics argue it was used as a pretext to depopulate
dissenting areas that harbored opposition groups that fought the regime. After a brief pause,
resettlement morphed into a ‘villagization’ programme in the 1980s, aiming to cluster
villages. The official goal was to improve access to social service - however political motives
were also at play and opponents saw it as a tool to enforce collectivized agriculture.
Ultimately, resettlement and villagization, combined with drought, were major contributors
to opposition and eventually overthrow of the Derg.

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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1.7.3. EPRDF – Separation of land-use rights from ownership

The overthrow of the Derg and successful EPRDF-led (Ethiopian People's Revolutionary
Democratic Front) revolution led to the 1995 Constitution, which built on aspects of the Derg
land reform to reiterate public ownership and establish the principle of ethnic federalism.
Under the constitution, land is not subject for sale or any other type of exchange; it is only
the holding (use of land) right that is given to individual citizens - this separation of
ownership from use rights is the current system’s basis.

1997 – Regional implementation of rural land administration

The provisions of the Constitution were implemented through a Federal level umbrella
framework (Federal Rural Land Administration Proclamation 89/1997), which was in turn
implemented at a regional level through regional legislation (initially just in the four highland
states).

2005 – Securing land tenure

Land conflict issues reared their head in the 2005 elections and several legislative
amendments aimed to bolster land rights and increase security of tenure, particularly
regarding land expropriation. The Rural Land Administration and Use Proclamation
456/2005 replaced the 1997 proclamation to:

• Provide indefinite tenure rights to smallholders


• Abolish forced redistribution of land
• Provide more guidance to regions on land expropriation and compensation.

It was accompanied by clearer legislation for expropriation and compensation (Expropriation


of Landholdings for Public Purposes and Payment of Compensation Regulation 455/2005) –
covering both urban and rural compensation. In the aftermath of the chaotic and disputed
2005 elections, the government’s attention focused on addressing political issues, leading to
an absence of control over land and development in Addis Ababa. This contributed to the
dramatic outward sprawl of the city during this time. In 2008, the Oromia Special Zone
surrounding Addis Ababa/Finfinne was created to control this sprawl and legislation was
created to manage Addis’ growth - the Urban Planning Proclamation 574/2008 and Building

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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Proclamation 624/2009. This period sowed the seeds for the current political dynamic and
has contributed to exacerbating tensions between Oromo nationalists and the Federal
Government, particularly over the status of Addis Ababa/Finfinne as both national capital
and Oromia’s capital city.

Rural Land Administration


Key Institutions

At national level, the Ministry of Agriculture (MoA) oversees rural land issues. Specifically,
Land Administration and Use Directorate (LAUD) is responsible for overseeing land use and
land tenure of small scale rural lands. An agency reporting to the MoA, the Agricultural
Investment Land Administration Agency (AILAA) was previously responsible for
administering large-scale agricultural investment lands; however in 2017 this was brought
into the Ethiopian Horticulture and Agriculture Investment Authority (EHAIA), which in
turn was dissolved. It is not yet clear where the administration of large-scale agricultural
investment lands will sit - but regions now have responsibility for allocating land for
investment and it is likely that the new Land Bank and Development Corporation, under the
Ethiopian Investment Commission, will play a facilitation role.

Rural land administration is devolved to the regions, which have established their own
institutions for the implementation of the Federal rural land use proclamation. These have a
variety of names and forms, summarized in Table 1.2 below.

Table 1. 2 Rural land administration institutions in Ethiopia (Hailu, 2016)

Region Zone Woreda Kebele

Office: reporting to
Agency under
Afar No organ Woreda Office of LAUC
BoA and pastoral
Agriculture and pastoral

Amhara Bureau, Department Office (Kebele


Office: member of
Amhara member of member of expert and
Woreda cabinet
regional cabinet Zonal cabinet LAUC)

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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Department Office (Kebele


Bureau member of Office: member of
BSG member of expert and
regional cabinet Woreda cabinet
Zonal cabinet LAUC)

NDire Dawa
o

o
r
g
a
n

W
o
r
k

p
r
o
c
e
s
s
w
i
t
h
i
n

O
f
f
i
c
e
o
f
A
g
r

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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i
c
u
l
t
u
r
e
G
a
m
b
e
l
l
a

N
o

L
A
U
C

u
n
d
e
r
e
s
t
a
b
l
i
s
h
m
e
n
t
B

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Rural Land Administration Fast track course Training Module/Manual for Woreda and Kebele land
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u
r
e
a
u

m
e
m
b
e
r
o
f
r
e
g
i
o
n
a
l
c
a
b
i
n
e
t

W
o
r
k

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p
r
o
c
e
s
s
w
i
t
h
i
n

O
f
f
i
c
e
o
f
A
g
r
i
c
u
l
t
u
r
e
L
A
U
C

Work
process
within
Bureau of
Agricultur
e

Harar Work process

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NoNo

No

Work
process
under office
Department
of
member of
Agriculture
LAUCTigra Zonal cabinet
Bureau, member of Office (Kebele
yOromia regional cabinet Office: member expert and LAUC) SNNP
Bureau, of Woreda
member of cabinet
regional
cabinet

No organ

Agency within BoA Work process in department of Agriculture Office: member of Woreda
cabinet Office (Kebele expert and LAUC)SomaliNot established yetNot established yet
Not established yet

At kebele level, Land Administration and Use Committees (LAUC) are elected by
landholders to implement the land administration system. They handle related land conflicts
using traditional rules and are also responsible for implementing land use planning.
The Ethiopian Geospatial Information Agency (formerly Ethiopian Mapping Agency, EMA),
established in June 2018, is responsible for geospatial information. Previously, the
Information Network Security Agency (INSA) held the mandate for geospatial information
and conducted survey flights for land administration (including for LIFT) – this has
reportedly now been transferred to EGIA. INSA is currently drafting a National Spatial Data
Infrastructure policy and roadmap to consolidate national spatial data.
Finally, the Ministry of Federal Affairs is responsible for overseeing the implementation of
the expropriation and compensation proclamation, with Woreda administrations or urban
administrations responsible for delivering compensation.
Land Use Planning

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Rural land use is not well planned, controlled or co-ordinated. Disparate land use planning
policies, projects and plans have been developed through sectors or regions. These include:
river basin master plans, regional land use plans, and the forest sector development plan. As a
result, the Government of Ethiopia embarked upon a National Integrated Land Use Plan and
Policy project (NILUPP), which aimed to develop a single national integrated land use plan
with 9 regional land use plans and 91 zonal level plans. However, with recent changes in the
administration and structure, the status of this project and its associated roadmap is
unclear - but such an approach is clearly needed in Ethiopia to enable the Government to
better plan the use of its land more holistically. As noted, at the local level LAUCs are tasked
with implementing land use planning, but lack appropriate technical expertise.
Rural Land Tenure
All land in Ethiopia is owned by the State and people, but there are three forms of rural
land tenure, based on a land use right: private holding, communal holding and state holding.
Private individual peasant farmers have a permanent use-right (‘usufruct’ right) that is
transferable only to family members via inheritance. This excludes the right to sell or
mortgage the land, which remains in state ownership. Land under this tenure can be sub-
leased and the landholder can co-invest to develop the land.
In theory, leased land can be presented as collateral - but this is often not the case in practice
for private holding. Communal holding provides the same rights for pastoralists and semi-
pastoralists. Finally, government can use rural land ‘in line with their development
objectives’. This also includes forest lands, wildlife protected areas, state farms, mining
lands, lakes and rivers.
The rural tenure system in Ethiopia is characterized by regional differences which have
shifted over time during the imperial and Derg regimes with “different bundles of rights
attributed to the tillers in different places and different production systems. This diversity
continues until today in regional land regulations that differentiate bundles of rights for
different types of land use and plot holders, and in different regions of the country.”
Additionally, de facto as opposed to de jure land rights vary based on local social practice,
especially with inequalities in the rights of women and ethnic minorities.
Land registration and certification
Ethiopia is one of a few African countries to have undertaken major systematic
documentation of land rights. The land certification process started in 1995 in Tigray,
Amhara, Oromia, and SNNPR. By 2016, over 25 million parcels had been awarded
certificates. The first level of certification has been done through the LAUCs gathering basic
information on land holdings and issuing an official certificate to each parcel holder at
very low cost (ICED, 2018).
First level certification in the four regions has generally been regarded as a success and is
quoted as international good practice. Ethiopia has, over a short time period, distributed in a
much decentralized process. Results of a survey suggest that first-time registration has been
very cost-effective and not biased against the poor while at the same time providing
important lessons to enhance its sustainability and impact.

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rates of investment compared to non-


In the study site, a certified plot was 5% more likely to receive new investment and villages saw 4.4% higher

certified villages (Deininger, 2008). First level certification adjudication made use of
traditional village elders to resolve disputes and demarcation was carried out in the field in
the presence of neighbors. However, it was found that “women’s representation was limited;
access to written information on the law and the process and purpose of certification was far
from universal; the process was focused on mapping of agricultural holdings to the detriment
of common property resources and house plots; and although many boundaries were mapped
in the field, measured by rope, and corner marks emplaced, certificates identify holders of
neighboring parcels but contain neither a map nor a sketch of the parcel.
Additionally, land registers in the states have not been maintained. A coherent and
harmonized land administration system is yet to be fully implemented across the country, so
the current system remains mainly paper-based. The organizations responsible for land
administration face capacity constraints and institutional weaknesses.
Second level land certification (SLLC) aims to cement the achievements of the initial
certification process through a harmonized system of computerization of the registration
process and the creation of a map record and filling the gaps of the first certificate (charting
of boundaries on geo-referenced imagery and orthophotos). Overall objectives are to reduce
land disputes, improve land security, protect the land use rights of women, encourage
productive investment in land and raise rural income levels.
A National Rural Land Administration and Information System (NRLAIS) has been
established as a national parcel based system covering all rural areas in Ethiopia. In the
woredas in which it is operating, it is integrated from Federal through Regional and down to
woreda level. By September 2017, 32% of land transactions are formally registered in
NRLAIS in programme woredas in which it is operational (the milestone is 50%), with 30%
female-headed households. The lack of power or IT equipment and the distance of some
kebeles from woreda or zonal centers limit the real-time nature of NRLAIS. However,
formal recording is happening at kebele level and the system is designed to be intuitive and
web accessible. Over time, the NRLAIS team plan to make NRLAIS mobile-accessible,
which will ease access and ensure more up-to-date use. This is critical as a lack of updating
can rapidly undermine the trustworthiness of the land registration system.

Self-check questions

What is land policy? What does it include?


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Describe historical overview of land administration in Ethiopia.
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Dear trainee! Have you answered these questions? If your answer is no, please reread this
section and try to answer these questions. If your answer is yes, very good, go to the next
section.

UNIT TWO
RECOGNIZING LAND ADMINISTRATION AND MANAGEMENT TOOLS AND FIT
FOR PURPOSE
Unit Overview
Dear trainee! Well come to the second unit of this module. In this unit the concept of land
tools, the importance of land tools, and features of land tools will be briefly presented. A land
tool is a practical way to solve a problem in land administration and management. It is a way
to put principles, policies and legislation into effect. The land tools developed in Ethiopia
applies the international standard of Land Administration Domain Model (ISO-19152).

Dear trainee! What are land administration and management tools and why they were
developed?
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Have you tried to answer these questions? If your answer is no, please try to discuss with
your friends and answer the question. If your answer is yes, good, write your answer on a
rough paper and try to relate it with the following analysis.
Introduction
Every country has some form of land management and administration, but these often serve
only a small proportion of the population, usually the more wealthy. Huge numbers of people
are still to have their relationship to land documented and protected. These are the problems
that the Global Land Tool Network (GLTN) is working to solve. With its Secretariat in UN-
Habitat, GLTN recognizes that conventional ways of managing land are not realistically
going to meet the needs of millions of people (UN-Habitat, 2012). By law, practice or
custom, many individuals find themselves unable to own land or to make decisions on how to
use it. Women and young people tend to face disproportionate barriers in accessing land.
Without secure rights to the land they live on, these residents have little incentive to invest in
their homes. Poor farmers become unable to invest in their land, further aggravating
environmental degradation, which may greatly affect their harvest, their income and, in turn,
their survival. Land tools range from a simple checklist for conducting a survey or a set of
software and accompanying protocols, to a broad set of guidelines and approaches.

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The emphasis of Land tools is on practicality; users should be able to take a land tool and
apply it (or adapt it) to their own situation. Land tools also emphasizes a number of values
such as gender-responsiveness, affordability, grassroots and youth engagement, that are
needed to ensure a land tool benefits the poor and disadvantaged and is available to use at
large-scale.
Why Land Tools?
Millions of people around the world face difficulties related to the land where they live,
work, grow crops, tend animals and run businesses. Even though they or their families may
have lived on the land for many years, it is a serious obstacle that they have no formal
relationship to it. Perhaps it is too expensive to get the official paper that documents their
claim, or possibly inheritance laws or local customs prevent them from even making a claim.
There are many reasons for insecure tenure and women and young people in particular face
major barriers. In developing countries, conventional ways to manage and administer land
have a history of failing to deliver what is expected of them, that is, secure tenure, fairness
and broad coverage at a price that is affordable for both landholders and governments.
Existing technical solutions are too expensive, they are inappropriate for the range of tenure
found in developing countries, they are financially unsustainable, and they are unfeasible
given the available capacity to manage them. At the same time, the need for workable
systems to manage and administer land is now greater than ever, with new challenges being
added to the problems that already exist.
Land is a finite resource and competition for it is intensifying because of rapid urbanization,
growing populations, economic development, persistent insecurity of food, water and energy,
and the effects of conflicts and disasters. Changes in land use affect the economy, society and
ecology of the areas around cities. The divide between urban and rural is diminishing. These
areas are today interconnected by flows of goods, money, resources and people. Climate
change and different land-use patterns also affect rural areas, including farmland, drylands,
wetlands and forests.
Rural land also needs to be managed cautiously. Pressure on rural land is increasing as a
result of a rising world population (now at seven billion), climate change, declining soil
fertility and the need for global food and fuel security. With countries and businesses now
recognizing the potential for growing biofuel crops on land that cannot sustain food crops,
even less-fertile land can have greater value. Globalization is also increasing the demand for
such land for tourism. These trends offer developing countries an opportunity to attract
foreign investment, but they also threaten the land rights of small scale producers and
indigenous communities.
When irrigation is introduced into previously rain-fed farmland, or roads are built to link
farmers to markets, the new economic potential of the land makes it more attractive. Small-
scale producers can then lose their land to more affluent or powerful interests. For many of
the world’s rural women and men in developing countries, secure access is becoming less
certain than ever.

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Ultimately, the failure to reconcile competing interests in land across the rural-urban
continuum can contribute to the outbreak of violent conflict. This is the most acute outcome
of failed efforts to manage the opportunities that land provides.
Land Tools
A land tool is a practical way to solve a problem in land administration and management. It is
a way to put principles, policies and legislation into effect. The term covers a wide range of
methods: from a simple checklist to use when conducting a survey, a set of software and
accompanying protocols, or a broad set of guidelines and approaches. The emphasis is on
practicality: users should be able to take a land tool and apply it (or adapt it) to their own
situation.
Land tools may complement each other, or they may offer alternative ways of doing
something. For example, one tool may give overall guidance on how to address a land-related
issue, while another may give detailed instructions on how to deal with a particular aspect of
the same issue, such as checking whether the different needs and situations of women and
men are taken into account.
For land tools to benefit the poor and disadvantaged, they need to have certain features:
( Pro-poor. They should aim to reduce poverty. That means taking the situation and needs of
the poor into account, and giving them a voice in decisions.
( Equitable and gender-responsive. The land tools should seek to treat everyone fairly, with
particular attention to inequalities faced by women as compared to men.
( Affordable. They should be cheap enough both for the poor to afford (if they are required to
pay user and maintenance fees), as well as for the government or other body that manages
them.
( Sustainable. They should be capable of being implemented into the future without large-
scale inputs from outside. Where possible, they should be self-financing through fees or
taxes.
( Subsidiarity. To ensure they are sensitive to local situations and needs, the land tools should
be capable of being applied at the lowest appropriate level of authority: by the community or
at the lowest level of local government.
( Governance. The process of tool development should take into account how decisions are
made regarding access to and use of land, how those decisions are implemented, and how
conflicting interests in land are reconciled. Key elements of this include decision-making,
implementation and conflict resolution, with emphasis on both process and outcomes.
( Systematic, large-scale. The land tools should be capable of being used at a large scale –
city-wide or across a whole country, not just in a one-off, local manner. That means they
must be flexible enough to deal with a wide range of situations, and capable of being
replicated easily and at little cost.
Figure 2.1 shows the logic underlying GLTN’s work. The interplay between supply and
demand results in competition for land. Imperfect institutions are unable to cope with this,
leading to Scenario 1: poverty, social exclusion, tenure insecurity, environmental
degradation, vulnerability, conflict and corruption. GLTN’s work aims to overcome

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institutional problems by providing pro-poor, gender responsive “land tools”. These make
possible an alternative, Scenario 2, with equitable economic development, social inclusion,
secure tenure, greater environmental sustainability and resilience in face of disasters and
climate change, improved social stability and greater transparency.

Figure 2. 1 The logic behind GLTN's work

By developing institutions and providing them with pro-poor land tools, GLTN promotes
sustainable development
µ §Self-check questions

What are land tools?


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Why do we need land
tools?---------------------------------------------------------------------------------------------------------
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What are features of land tools?
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Dear trainee! Have you answered these questions? If your answer is no, please reread this
section and try to answer these questions. If your answer is yes, very good, go to the next
section.
Fit for Purpose
µ §Dear trainee! What do you think is the concept of Fit For Purpose and why they were
developed?
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Have you tried to answer these questions? If your answer is no, please try to discuss with
your friends and answer the question. If your answer is yes, good, write your answer on a
rough paper and try to relate it with the following analysis.

The Fit-For-Purpose Concept

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There is an urgent need to build simple, basic and sustainable systems using a flexible and
affordable approach to identifying the way land is occupied and used. When considering the
resources and capacities required for building such systems and the corresponding basic
spatial frameworks available in less developed countries, the concepts of mature,
sophisticated systems as predominantly used in developed countries, may well be seen as the
end target rather than the point of entry. When assessing technology and investment choices,
the focus should be on a “fit-for-purpose approach” that will meet the needs of society today
and can be incrementally improved over time (Enemark, 2013).
The term “fit-for-purpose” is not new at all. What is new is to relate this term to building
sustainable land administration systems. The term “fit-for-purpose land administration”
indicates that the approach used for building land administration systems in less developed
countries should be flexible and focused on serving the purpose of the systems (citizens’
needs such as providing security of tenure and control of land use) rather than focusing on
top-end technical solutions and high accuracy surveys.

Why the Need?

About 75% of the world's population do not have access to formal systems to register and/or
safeguard their land rights
Women have insecure tenure (less than 3% ownership)
Western-style LA solutions do not fit the developing countries needs
Fit for Purpose LA tools are appropriate, accessible, and affordable

Key characteristics of Fit for Purpose


• Focus on the purpose. This new approach is focused mainly on the “what” in terms of the
outcome of security of tenure for all and, secondly, it looks at the design of “how” this can be
achieved. The “how” should be designed to be the best “fit” for achieving the purpose (“the
what”). In this regard, the phrase “As little as possible – as much as
necessary” perfectly reflects the FFP approach.
• Flexibility. The FFP approach is about flexibility in terms of demands for accuracy, and for
shaping the legal and institutional frameworks to best accommodate societal needs. The FFP
approach also includes the flexibility to meet the need for securing different kinds of tenure,
ranging from more social or customary tenure types to formal types such as private
ownership and leasehold.
• Incremental improvement. The systems should be designed to initially meet the basic needs
of society today. This will identify the optimal way to achieve this by balancing the costs,
accuracy and time involved. This creates what is termed a “Minimum Viable Product”.

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Incremental upgrading and improvement can then be undertaken over time


in response to social and legal needs and emerging economic opportunities.

Building blocks
The concept includes three interrelated core components that work together to deliver the
FFP approach: the spatial, the legal and the institutional frameworks.
The spatial framework supports recording the way land is occupied and used.
The scale and accuracy of this representation should be sufficient for securing the various
kinds of legal rights and tenure forms recognized through the legal framework.
The institutional framework is designed to manage these rights and the use of land and
natural resources and to deliver inclusive and accessible services.
A fit-for-purpose approach includes the following elements:
( Flexible, in the spatial data capture approaches to provide for varying use and occupation.
( Inclusive in scope to cover all tenure and all land.
( Participatory, in approach to data capture and use to ensure community support.
( Affordable, for the government to establish and operate, and for society to use.
( Reliable, in terms of information that is authoritative and up-to-date.
( Attainable, to establish the system within a short timeframe and within available resources.
( Upgradeable, with regard to incremental improvement over time in response to social and
legal needs and emerging economic opportunities.
The change process necessary for implementing a fit-for-purpose approach to land
administration can start today. Legal flexibility should be introduced as a basis for
identifying and recording the spatial units in a more flexible way. The spatial framework, e.g.
orthophotos – showing the way land is divided into specific plots for occupancy and use –
can then be developed using a flexible approach and the various legal and social tenure rights
can be recorded in a participatory way.
A key demand, of course, relates to developing the necessary capacity for building and
running the systems. Another demand is about establishing the budgetary base, e.g. through
development aid support such as through the World Bank. And, most importantly, there is a
fundamental requirement for strong political will and leadership. However, recent
experiences show that it is possible – Rwanda, for example, has covered the whole country
using a fit-for-purpose approach within 5 years and for a cost of around 6 USD per
parcel/spatial unit.
The fit-for-purpose approach implies that the role of the land professionals will significantly
change. Fieldwork will increasingly be undertaken by local field staff given the necessary
short-term training – while the land professionals will mainly oversee and manage the
process and ensure that all aims, objectives and regulations are complied with. However, the
land professionals will also benefit from this change through enlarging their base of services
to include the total country population.

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Difference between conventional cadastral systems and the FFP land administration solution
While conventional cadastral systems use documentation of the surveyed land parcels as a
basis for entering rights into a land registry, the FFP approach uses aerial or satellite imagery
in the field to identify, delineate, and adjudicate the visible land parcel/spatial unit
boundaries, and the rights are determined and entered directly into a register. This is a
participatory approach undertaken by locally trained land officers and involves all
stakeholders. Furthermore, while conventional cadastral systems are highly standardized, the
FFP approach, in contrast, is flexible in terms of accuracy and in relation to the variety of
tenure types to be secured. The land administration system can be upgraded and
incrementally improved over time.

Benefits of FFP
The FFP approach has been successfully implemented in a number of developing countries
and the results provide excellent best practices for other countries to use. New FFP
approaches have recently been tested in implementing countrywide land administration
solutions in countries such as Rwanda, Ethiopia and Kyrgyzstan.
The fit-for-purpose approach is participatory and inclusive – it is fundamentally a human
rights approach. Further benefits relate to the opportunity of building appropriate systems
within a relatively short time and for relatively low and affordable costs. This will enable
political aims such as economic growth, social equity and environmental sustainability to be
better supported, pursued and achieved. However, the fit-for-purpose approach must still be
implemented within a robust land governance framework.

µ §Self-Check Questions
Explain the Fit for Purpose concept in land administration.
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Describe the key principles of Fit for Purpose concept.
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Discuss the benefits of Fit for Purpose in land administration.

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UNIT THREE
COMPREHENDING GOOD GOVERNANCE IN LAND ADMINISTRATION
Unit Overview
Dear trainee! Well come to the second unit of this module. In this unit the concepts of
governance and good governance will be defined, good and weak governance in land
administration will be differentiated, characteristics/principles good governance in land
administration will be explained as well as the benefits of good governance in land
administration will be described. Good governance in land administration aims to protect
property rights of individuals as well as of the state by introducing principles such as
transparency, accountability, efficient and effective public administration, the rule of law,
equity, participation and effectiveness into land related public sector management.
µ §Dear trainee! What is good governance? What is good governance in land
administration?---------------------------------------------------------------------------------------------
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Have you tried to answer these questions? If your answer is no, please try to discuss with
your friends and answer the question. If your answer is yes, good, write your answer on a
rough paper and try to relate it with the following analysis.
Failings in governance have adverse consequences for society as a whole. By contrast, good
governance can help achieve economic development and the reduction of poverty. Good
governance matters.
The Concept of Governance
Governance is an institutional arrangement that assigns power to public officials and defines
the mechanisms for holding them accountable (FAO, 2007). Governance is the way in which
society is managed and how the competing priorities and interests of different groups are
reconciled. It includes the formal institutions of government but also informal arrangements.
Governance is concerned with the processes by which citizens participate in decision-
making, how government is accountable to its citizens and how society obliges its members
to observe its rules and laws.
Good Governance
The avoidance of corruption is one obvious aspect of good governance. However, features of
good governance also include accountability, political stability, government effectiveness,
regulatory quality and rule of law, as well as control of corruption. Good governance means
that government is well managed, inclusive, and results in desirable outcomes. The principles

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of good governance can be made operational through equity, efficiency, transparency


and accountability, sustainability, subsidiarity, civic engagement and security. Governance
can be poor if government is incorruptible but tyrannical, or is democratic yet incompetent
and ineffective.
The Measure of Good Governance
Good governance is not an absolute condition. Rather, there is a continuum between weak
and good governance. This implies that it should be possible to devise ways to measure the
governance of a country and to compare it to that of other countries. Indicators allow the
trends in governance within a country to be observed over time. There are a large number of
potential indicators of different aspects of governance, e.g. corruption, elections, the
functioning of the judicial system and freedom of the media. Governance indices are
generally compiled by taking a series of indicators and weighting their scores to produce an
aggregate measure. Indicators can be quantitative, such as voter turnout, or qualitative, such
as perceptions of corruption. Deviations from a base can be used instead of absolute
numbers.
There are no specific indices of governance in land administration, though several leading
indices include aspects of land administration. Table 3.1 presents characteristics of good
governance. From this, one can draw out features of good governance in land tenure and
administration and derive policies that can promote good governance.
Table 3. 1 Characteristics of good governance (FAO, 2007)

Good governance is:


Weak governance is:

Efficient, effective and competent: It formulates policy and implements it efficiently by


delivering services of a high quality.
It is inefficient, ineffective and incompetent: It fails to formulate policy effectively or to
deliver efficiently services of adequate quality.

Responsive: It delivers the services that citizens want and need.


Unresponsive: It does not deliver the services that citizens want and need.

Legitimate: Those in power have earned the right to govern, have been endorsed by society
through democratic processes and can be replaced if the citizens are dissatisfied with them.

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Illegitimate: Those in power have not been the right to govern, but have achieved power
endorsed by society, nor have they earned the right to govern, but have achieved power
undemocratically, and the citizens are unable to remove them from power.

Transparent: Open.
Opaque: secretive.

Consistent, predictable and impartial: Outcomes from the governance processes are
predictable and in accordance with published laws, rules and regulations. There is legal
redress and enforcement of law by an impartial judiciary in the event of inconsistency.
Inconsistent, unpredictable and partial: Outcomes from the governance processes are
unpredictable, do not follow discernable rules, and there is no redress from a judiciary that
behaves with partiality.

Accountable: It demonstrates stewardship by responding to questioning, explaining its


actions and providing evidence of how it functions.
Unaccountable: It does not account for its actions and fails to produce evidence of its
performance. There are no effective checks and balances to compel accountability.

Equitable: It deals fairly and impartially with individuals and groups providing non-
discriminatory access to records and services.
Inequitable: It is unfair and partial in dealings, favouring particular groups with access to
power and discriminating against others, for example, by gender, ethnicity, religion.

Sustainable: It balances the economic, social, and environmental needs of present and future
generations.
Unsustainable: It fails to balance the needs of future and present generations.

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Locally responsive: It locates service provision at the closest level to citizens, consistent with
efficient and cost-effective delivery.
Locally unresponsive: It pays no regard to the convenience of citizens when locating
services.

Participatory: It enables citizens to participate fully in governance through consensus-


building and engages with civil society without curbs on the media or on freedom of
expression and association.
Exclusive: It excludes citizens from participation in governance with curbs on the media and
on expression and association.

Providing of security and stability: It provides security of livelihoods, freedom from crime
and from intolerance, security from human conflicts and natural disasters and security of
tenure.
Unwilling or unable to provide security and stability: Citizens cannot look to the government
for security, and the government may even be the source of their insecurity.

Dedicated to integrity: Officials perform their duties diligently and objectively without
seeking bribes and give independent advice and judgments, and the government respects
confidentiality. There is a clear separation between the private interests of officials and
politicians and the affairs of government.
Supportive of corruption: Officials are bribed to do what citizens have a right to expect. They
distort decisions in favour of those who reward them and make use of confidential
information for their own gain. Officials and politicians treat government as a vehicle with
which to pursue their own private interests.

Good Governance in Land Tenure and Administration


This section summarizes what constitutes good governance and what these ideas mean for
land tenure and administration. Differences in emphasis on what good governance is have
significant policy implications. A land administration system that is designed to enhance a
pro-poor and gender sensitive agenda is likely to place a high priority on areas such as
achieving security of tenure for lessees and sharecroppers, the recognition of informal and
customary property rights and the development of gender-neutral inheritance rights. A land
administration system designed to promote economic development is likely to place the

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priority on areas such as the speed of re-registration after sale, the speed and accuracy of
searches to check for charges against properties for loan purposes, the clarity of regulations
for planning and building and the procedures for changing land use. This does not mean that
a choice has to be made between eliminating corruption and improving the responsiveness
and efficiency of services. Land administration can benefit the poor as well as promote
economic development – at the same time, and with the same effort.
In contrast, land administration that serves a limited purpose makes an equally limited
contribution to the overall development of society. Achieving good governance in land
administration requires a strong commitment of the people involved. A well-communicated
land policy with clear objectives for legal and institutional reforms helps to establish the
ownership of such people in the change process.
Land is the single greatest resource in most countries. Accesses to land, security of tenure
and land management have significant implications for development. Land administration
provides important parts of the infrastructure for an efficient economy, which means that it
touches all aspects of how people earn a living. Land administration through taxes on land
plays a significant role in raising revenue for public finances. Through registration and
cadaster systems, land administration provides security of tenure and allows people to obtain
loans through mortgages. Yet formal land administration systems commonly fail. Customary
land tenure arrangements also may not adequately serve citizens – especially when those
arrangements are weakened by transition and commercialization (Bell, 2007). Weak
governance, whether in formal land administration or customary tenure arrangements, means
that the land rights of the poor are not protected. It affects the poor in particular and may
leave them marginalized and outside the law. Weak governance may also mean that land is
not used appropriately to create wealth for the benefit of society. Lack of competence in land
administration can be an important constraint on development and the eradication of poverty.
Good governance in land administration is one of the central requirements for achieving
good governance in society.
Weak land administration may be part of the overall problem of governance. Land
administration may suffer from a lack of transparency and accountability as a result of
confusing regulatory frameworks and complex administrative processes. People who work in
land administration may be exposed to the temptation of corruption. They may corruptly
enrich themselves by preventing land registration until bribes are paid; allowing state land to
be grabbed by private interests; valuing assets at inflated prices as security for fraudulent
loans; and awarding contracts to those who offer private rewards rather than to those who
offer best value for money. Land administrators have monopoly powers over certain tasks.
With monopoly comes power, and power can be abused particularly if land belongs to the
state. This is one of the reasons why good governance in land administration matters.
Even where land administrators behave in a relatively honest manner, they might not take
action to stop attacks on good governance by others. While carrying out their technical work,
land administrators may become aware of illegal activities by others, e.g. illegal logging or
encroachment on forest reserves or state lands. Such activities will continue if land
administrators do nothing about them. The message to land administrators is that they cannot
pursue technical excellence in isolation. Their skills and techniques should serve the interests

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of society as a whole. Land administrators can, and should, recognize their responsibilities
and take them seriously. Their technical skills can help tackle economic, social and
environmental problems and to fix injustices.
Three vital requirements for good land governance are clear and unambiguous land law,
strong institutional arrangements, and adequate and qualified manpower. Bad governance in
land administration flourishes where there is complex, inconsistent or obsolete land law,
fragmented institutional arrangements, weak institutions, and ambiguous laws (FAO, 2007).
µ §Self-Check Questions
((( Dear Trainee!!!!!
What do you understand from unit one to three? As you have seen it, all sub-units were
trying to justify the topics what you have grasped from and going to counterpart in future
work place areas.
Your understanding is measured by answering the following questions. So try to answer the
questions written down and further read your previous units if you are puzzled to react.
Define the concept of land as a resource.
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What is land administration?


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Describe the functions of land administration.
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List the benefits of land administration.
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Label the historical background of land administration in Ethiopia.
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Discuss approaches of Land consolidation.
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What are the types of rural land lease arrangements?

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What are Land administration tools?
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Identify Land administration tools and approaches.


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Discuss the Fit for Purpose concepts and key principles.
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Define concept of governance and Good governance.
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Differentiate good and weak governance in land administration?
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Explain characteristics/principles good governance in land administration?
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Describe the benefits of good governance in land administration?
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BIBLIOGRAPHY

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Adamu, Z. 2014. ‘Critical Analysis of Ethiopian Urban Land Lease Policy Reform Since
Early1990s’, paper presented at the FIG Congress 2014, Kuala Lumpur, Malaysia 16-21 June
2014.
Bogor Declaration .1996. The United Nations Inter-regional Meeting of The Experts on The
Cadastre.
Burns, T. 2016. Review of the Legal Cadastre of the Government of Ethiopia. Issues &
policy recommendations report. The World Bank
Dale and McLaughlin.1999. Land Administration, Oxford: Oxford University Press.
Dessalegn, R. (1984) Agrarian Reform in Ethiopia, Nordiska Afrikainstitutet,
Sweden, µISBN§ µ978-9171062260§.
Enemark, S. (2004), Cadastral Systems – the Nordic Approach
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Case team within Bureau of Pastoralist & Agriculture

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