Module 02

Rural Land Administration Fast Track Course Training Module for Woreda and Kebele Land
Administration Experts
Adapted from TVET Program
MINISTRY OF AGRICULTURE
RURAL LAND ADMINISTRATION AND USE DIRECTORATE (RLAUD)
RURAL LAND ADMINISTRATION

Module Title: Understanding Federal, Regional Land Laws, Other
Legislations and Property Transaction and Tenure
Nominal duration (hrs.): 20 for Kebele and 16 for Woreda Experts
In Collaboration with
June 2021
Addis Ababa, Ethiopia
CONTRIBUTORS
Abebaw Abebe Rural Land Administration and Use Directorate,

Ministry of Agriculture
Abubeker Mohammed Ambo University
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,

Moges Kidane Ambo University
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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LIST OF ACRONYMS
ADR Alternative Dispute Resolution
ANRS Amhara National Regional State
CDR Customary Dispute Resolution
FDRE Federela Democratic Republic of Ethiopia
FLLC First Level Land Certification
HPRs House of Peoples Representatives
KLAUC Kebele Land Administration and Use Committee
LA Land Administration
MCR Movable Property Collateral Registry
NBE National Bank of Ethiopia
ONRS Oromia National Regional State
RLAS Rural Land Administration System
SLLC Second Level Land Certification
SNNPR Southern Nations Nationalities and Peoples Region
UPIN Unique Parcel Identification Number
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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/
Land The process of recording and disseminating information about the right on,
Administration
value and use of land and its associated resources when implementing land
management policies
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 land which is neither state owned nor individually held; and which is held and
Landholding
used by communities for grazing, forestry, and other social services
Family Member Any person who permanently lives with holder of holding right
sharing the livelihood of the later
Peasant A member of rural community who has been given landholding right and, the
livelihood of his family and himself is based on the income from the land
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Land Registration The process whereby information on the expression of rural land use right
and holding is gathered, and analyzed. 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
Sporadic Land Registration of rights on one parcel of land, separately from the other in the
Registration
area; generally, land holder-initiated, voluntary and through land transaction.
Systematic Land Registration of rights on all parcels of land in the whole of a country,
Registration
region/state or municipality; generally compulsory and government-initiated
Title Registration In this system of land registration, not the deed, describing the transfer of
system
rights, is registered but the legal consequence of that transaction, the right
itself. So, the right itself together with the name of the rightful claimant and
the object of that right with its restrictions and charges are registered. With
this registration the title or right is created
Holding Certificate Certificate of title issued by a competent authority as proof of
rural land use right
Land Information A system that supports the collection, storage, retrieval, dissemination and
System
use of land related information.
Competent A body established in accordance with the constitution of a region
Authority
to ensure that a system of rural land administration and utilization is realized
in the region.
Rent A system by which investors or other legal bodies rent in land from peasants
for specific period
Committee Publicly elected body of local community at Kebele level to carry out land
administration and use activities.
Share Cropping the way of using land when the land holder allows sharecropper to cultivate
crop on his holding and share the harvest according to their agreement
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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Public Purpose A decision that is made by the cabinet of a Regional State, Addis Ababa, Dire
Dawa or the appropriate Federal Authority on basis of approved.
land use plan or development plan or structural plan under the belief that the
land use will directly or indirectly bring better economic and social
development to the public;
Property A payment to be made in cash or in kind or in both to a person for his
Compensation
property or permanent improvements situated on his expropriated
landholding;
Displacement A payment to be made to a land holder for the loss of his use right on the land
Compensation
because of expropriation;
Displacement A payment to be made, in addition to property and displacement
Assistance
compensations, for a landholder who permanently or temporarily displaced to
help him adjust to the new place;
Economic Loss A payment to be made to those who are not displaced but who suffer loss of
Compensation
employment, trade; or rentals, or similar activities because of expropriation of
land for public purposes;
Social Ties A payment to be made to displaced people for the breakup of their social ties
Discontinuance and
and moral damage suffered
Moral Damage
Compensation
Valuation A common compensation valuation method used to calculate the value of
property on expropriated land
Displaced People A person, households, firms, or public or private institutions who has been
living in occupied land, including tenants, employed and self-employed
persons on the land for public benefit
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Table of Contents
LIST OF ACRONYMS ...................................................................................................................................1
GLOSSARY OF TERMS ...............................................................................................................................III
UNIT ONE: UNDERSTAND THE LEGAL FRAME WORKS OF RURAL LAND ADMINISTRATION
LAWS AND RELATED LEGISLATIVES ......................................................................................................1
1.1. IDENTIFYING AND DESCRIBING TYPES OF PROPERTY.............................................................................2
1.2. RECOGNIZING THE FEDERAL RURAL LAND ADMINISTRATION LAWS .....................................................6
1.1.1. FDRE Constitution of the 1995 ....................................................................................................6
1.1.2. Federal Rural Land Administration and Use Proclamation No. 456/2005 .......................................8
1.1.3. Understanding Expropriation of Land Holding for Public Purpose and Payment of compensation and
resettlement of displaced people Proclamation No. 1161/2019 and Regulation No 472/2020 ....................... 12
1.1.4. The Federal Revised Family Code, Civil Code, and Criminal Code .............................................. 17
1.3. RECOGNIZING THE SPECIFIC REGIONAL RURAL LAND ADMINISTRATION LAWS ................................... 20
1.3.1. Understanding regional Rural Land Administration and Use Laws .............................................. 20
UNIT TWO: IDENTIFY RURAL LAND RIGHTS TRANSACTIONS ........................................................ 33
3.1. EXPLAINING THE TYPES OF RURAL LAND RIGHTS TRANSACTION ....................................................... 33
3.1.1. Types of Rural Land Rights Transaction .................................................................................... 34
3.1.2. Common Basic Principles for the Rural Land Transaction Procedures ......................................... 39
3.2. PERFORMING THE PROCEDURES AND FORMS OF RURAL LAND RIGHTS TRANSACTION .......................... 40
3.2.1. Procedures and Forms of Rural Land Rights Transaction ........................................................... 40
3.2.2. Overview of the Rural Land Transaction Process ....................................................................... 41
3.2.3. Procedures for Rural Land Transactions with Transfer of Rights ................................................. 42
3.2.4. Procedures for Rural Land Transactions with Limitation/Restriction of Rights.............................. 54
3.2.5. Procedures for Recording Corrections or Changes in Parcel Spatial Configuration ...................... 58
UNIT THREE: RURAL LAND DISPUTE AND DISPUTE RESOLUTION MECHANISMS ...................... 64
3.1. IDENTIFYING SOURCES AND TYPES OF RURAL LAND RELATED DISPUTE ............................................. 66
3.2. APPLYING RURAL LAND DISPUTE RESOLUTION MECHANISMS ........................................................... 68
BIBLIOGRAPHY ........................................................................................................................................ 76
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Table 1: Brief Comparison of Regional Laws ......................................................................31
Figure 1: Diagramatic Representation of the Generic Land Transaction Process ......................42

Figure 2: Application form for land transaction through bequeath/inheritance will (Form 1) .....45
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UNIT ONE: UNDERSTAND THE LEGAL FRAME WORKS OF RURAL

LAND ADMINISTRATION LAWS AND RELATED LEGISLATIVES
Unit Overview
Dear trainee! Welcome to the first unit of this training. In this unit we will try to introduce the
course. We will be looking at the different legal frameworks governing the rural land: from the
FDRE constitution to international instruments, national and regional legislations. Thus, in this
unit wide explanations are given for the federal rural land administration laws, and Specific
regional rural land administration laws.
Unit Objective
Dear trainee, after completing this unit you are expected to:
• Recognizing the federal rural land administration laws
o Federal Rural Land Administration and Use Proclamation No. 456/2005
o Understanding Expropriation of Land Holding for Public Purpose and Payment of
compensation and resettlement of displaced people Proclamation No. 1161/2019
and Regulation No 472/2020
o Understanding the Federal Revised Family Code, civil code and criminal code
• Recognizing the Specific regional rural land administration laws
o Understanding regional Rural Land Administration and Use Proclamation,
regulation, and directives.
o The Expropriation of Land Holding for Public Purpose and Payment of
compensation and resettlement of displaced people directives
o Considering The regional Family Code
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1.1. Identifying and describing types of property
In this section you will be introduced to the definition of property and types of property.
Please try to answer all questions and activities provided in this section.
Dear trainee! Have you ever heard the definition of property? 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.
The term “property” is often identified with a tangible thing that people have (e.g., a piece of
land, a house, a watering can, a shovel). In legal terms, however, property is not an object; it is a
relationship between a person and things. “Property” is also the relationship between different
people with respect to things; it refers to the interest or the right to exclude or to include others in
the use or benefits of certain things. It is any physical or virtual entity that is owned by an
individual or jointly by a group of individuals. An owner of property has a right to consume, sell,
rent, mortgage, transfer and exchanges his or her property.
Property rights: - refer to rules that specify who may do what with a particular place or thing,
for how long and under what conditions (e.g., who may sell, rent, or destroy an object).
Various interests or rights in land and other assets can be pictured as consisting of a bundle of
sticks, each of which represents a different right (or interest) associated with land or a thing. For
example, a bundle of rights existing on a piece of land can be disaggregated into:
▪ The right to derive benefit from the land (e.g., through cultivation or grazing, which is
a use right).
▪ The right to decide how to use the land and to decide who shall be permitted to use it
and under what conditions (management right).
▪ The right to derive income from the use of the land (income right).
▪ The right to transform it (capital right).
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▪ The right to convey the land to others (e.g., through intra-community reallocations)
or to heirs (i.e., by inheritance), to sell it or to give it away (transfer right); and
▪ The right to exclude others from using the land or otherwise interfering with it.
In other words, “property rights” refers to the interests or rights which a person can claim and
exercise over certain things (i.e., “proper” to a person or group of people). It can be the interest or
the right to use a thing, to dispose of it in different ways, to sell it or to give it away.
People can acquire land and other assets in many ways. These may include transfers from the
state (e.g., land reform programs, resettlement and redistribution schemes and anti-poverty
programs), occupation, purchases, gifts, or inheritance. In its most complete legal form –
ownership – the property right over land or a thing grants its holder control of all the sticks in the
bundle. In less complete forms – leasehold, rent, mortgage, use right – some sticks in the bundle
are controlled by one right holder (e.g. the right to use, the right to derive benefit), while others
are controlled or held by different parties (e.g. a landlord who owns the land, the state as the
ultimate owner of all land or other individuals or a group of individuals such as a lineage, a Chief
or a company). In practice, different kinds of rights often exist over the same asset at the same
time. Because many people may have different kinds of interests over the same asset at the same
time, disputes are likely to occur, especially when resources are scarce. People may quarrel about
who can take shovels, who can collect plants in the forest, who can walk across the land and for
what reason, who should be allowed to cultivate a piece of the land or who can take the fruits
from a particular tree or groups of trees. When property rights are clear, people can agree on
various uses of assets and things, and disputes and conflicts can be avoided or more easily
resolved.
Property can be classified based on:
a. the physical or material nature of things or objects
It can be classified as corporeal and incorporeal properties. It is a classification of things into

those that can be perceived by the senses and those which cannot be so perceived. Corporeal
things are things that have material or physical existence and unity and hence, can occupy space
and can be seen or touched. Hence, things such as a house, a car, an ox, and a watch are
corporeal things.
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Incorporeal things are things that do not have a material or physical existence, that cannot occupy
space and hence that cannot be perceived by the senses. This category primarily includes rights
particularly those that have economic value and can be expressed in terms of money. For
example, copyrights and patents, which are a bundle of claims to prevent others from copying
and selling a work of art or to prevent others from using the protected process or invention
without the permission of the author or the inventor.
b. physical mobility or immobility and the value or importance attached to various types of
property.
It can be classified as movable and immovable properties.
Movable things are things which can move by themselves or be moved by man without losing
their individual character. Hence, an ox, a car, table, a book …etc. are movable because they can
move by themselves or be moved by man from place to place without being dismembered into
several parts. Things that cannot move by themselves or cannot be moved by man unless they are
first dismantled or demolished are not movable things.
On the other hand, immovable things as things that cannot be moved from one place to another at
all or that cannot be moved without being divided into several parts. Land and buildings are
considered as immovable things.
c. Real and Personal Property
Real rights/ rights in-rem/ refer to either a power to recover a specific thing, or more often a right
that may be exercised against any person, while personal rights or /rights in-personam/ are rights
that may be exercised against a particular person.
Real Property = Immovable Property

Personal Property = Movable Property
d. Fungible And Non-Fungible Things
Fungible things consist of movable things that, in ordinary dealings, are usually determined by
number, measurement or weight and hence any unit is, from its nature or by mercantile usage,
treated as the equivalent of any other unit. Non-fungible things, on the other hand, are movable
or immovable things, which in ordinary dealings, are determined by their specific identity. A
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land or a vehicle is a non-fungible thing and contracts involving such a thing shall be performed
by delivering that specific thing and not by delivering any vehicle or land.
Identifying and describing types of property right
a. Private Property (res privatae)
It assigns ownership to individuals and guarantees those owners control of access and the right to
bundle of socially acceptable uses. This property right regime requires owners to avoid specified
uses deemed socially unacceptable.
b. State Property (res publicae)
It is owned by citizens of political unit and rule-making authority assigned to public agency.
Public agency has duty to ensure that rules promote social obligations. Citizens have right to use
resource within established rules.
c. Open Access (res nullis)
Here access to resource use is not restricted. In this property right regime there exist lack of
property rights or ownership.
d. Common Property (res communes)
It is owned by an identified group of people. Owner group has right to exclude non-owners
(exclusivity characteristic). It is often implemented for common-pool resources and is difficult to
divide or bound these resources. Membership in the group is limited by legally recognized and
practically enforceable rights. It lies between open access and private property.
e. Hybrid Property Rights
It is the combinations of alternative property rights regimes, for example, state and private
property.
On the other hand, property rights may be: -
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a) Easement: easement or servitude is a term rights exercisable by owners of one parcel of land
over the other land. The creation of an easement often requires that there should be a
dominant and servient property.
b) Encumbrance: it is a right adversely affecting the land. It includes several burdens. Many
are registrable in formal real estate registration systems.
Property rights need to be described in appropriate laws and guidelines. The above property
rights are the rights found conceptually. That does not mean that anyone has those rights in any
jurisdiction. The rights differ from country to country and even from region to region.
1.2. Recognizing the Federal Rural Land Administration Laws
In this section you will be introduced to the different federal rural land administration laws.
Dear trainee! Do you know the different federal rural land administration related laws?
Let you try to list the different rural land administration laws please.
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1.1.1. FDRE Constitution of the 1995
The FDRE constitution: Article 40 of the constitution contains provisions that regulate land
issues. The constitution inculcates the following provisions, which are policies of the country as
far as land is concerned.
1. Every Ethiopian citizen has the right to the ownership of private property. Unless prescribed
otherwise by law on account of public interest, this right shall include the right to acquire, to
use and, in a manner compatible with the rights of other citizens, to dispose of such property
by sale or bequest or to transfer it otherwise.
2. "Private property", for the purpose of this Article, shall mean any tangible or intangible
product which has value and is produced by the labour, creativity, enterprise or capital of an
individual citizen, associations which enjoy juridical personality under the law, or in
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appropriate circumstances, by communities specifically empowered by law to own property

in common.
3. The right to ownership of rural and urban land, as well as of all-natural resources, is
exclusively vested in the State and in the peoples of Ethiopia. Land is a common property of
the Nations, Nationalities and Peoples of Ethiopia and shall not be subject to sale or to other
means of exchange.
4. Ethiopian peasants have right to obtain land without payment and the protection against
eviction from their possession. The implementation of this provision shall be specified by
law.
5. Ethiopian pastoralists have the right to free land for grazing and cultivation as well as the
right not to be displaced from their own lands. The implementation shall be specified by law.
6. Without prejudice to the right of Ethiopian Nations, Nationalities, and Peoples to the
ownership of land, government shall ensure the right of private investors to the use of land on
the basis of payment arrangements established by law. Particulars shall be determined by law.
7. Every Ethiopian shall have the full right to the immovable property he builds and to the
permanent improvements he brings about on the land by his labour or capital. This right shall
include the right to alienate, to bequeath, and, where the right of use expires, to remove his
property, transfer his title, or claim compensation for it. Particulars shall be determined by
law.
8. Without prejudice to the right to private property, the government may expropriate private
property for public purposes subject to payment in advance of compensation commensurate
to the value of the property.
International as well as regional treaties: According to Article 9(4) of the FDRE constitution
all international agreements ratified by Ethiopia are an integral part of the law of the land. There
are many international agreements and conventions which Ethiopia has ratified.
Based on Article 51(5) of the FDRE constitution, it is stated that the federal government shall
enact laws for the utilization and conservation of land and other natural resources. And Article 52
(2(d)) of the Constitution states that regional governments are empowered to administer land and
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other natural resources in accordance with federal laws. According to these provisions the federal
government enacted a proclamation 456/2005 Rural Land Administration and Use Proclamation.
The Constitution of the Federal Democratic Republic of Ethiopia (FDRE) recognizes gender
equality including in Articles. 25, 34, 35 and 40. The Constitution accords women equal rights
with men regarding the use, transfer, administration, and control over land (Art. 35 (7)). Women
enjoy equal treatment in the inheritance of property and the disposition of marital property (ibid).
Moreover, the Constitution explicitly prohibits laws and customary practices that discriminate
against women (Art. 35(4)). Article 40 the Right to Property (5) states that “Ethiopian pastoralists
have the right to free land for grazing and cultivation as well as the right not to be displaced from
their own lands,” thus protecting women’s land use right as a pastoralist specifically.
1.1.2. Federal Rural Land Administration and Use Proclamation No. 456/2005
In 1997 the federal government enacted the Federal Rural Lands Administration and Use
Proclamation No.89/1997 that gave land holders some transfer rights such as renting, gifting and
bequeathing to a family member. It also gave power to regional states to enact their own rural
land administration laws within the framework of the Federal Rural Lands Administration
Proclamation and to conduct specific or comprehensive rural land redistribution.
Based on Article 51(5) of the FDRE constitution, the federal government shall enact laws for the
utilization and conservation of land and other natural resources. Based on article 52 (2(d)) of the
same constitution, regional governments are empowered to administer land and other natural
resources in accordance with Federal laws. According to these provisions the federal government
has enacted a proclamation 456/2005. All the 9 regional states (excluding Sidama regional state)
and the Dire Dawa administration have enacted their rural land administration laws based on the
delegation given by article 17 of the Federal Rural Lands Administration Proclamation number
456/2005. The federal proclamation reaffirms ownership of rural land by the State; however, it
confers indefinite tenure rights of land use (equivalent to long term leases held in perpetuity) i.e.,
rights to property produced on land, to land succession, donation, exchange, and lease/rent. It
makes provisions for the registration and certification of land use rights. It also bans further land
redistribution, except under special circumstances. Furthermore, Proclamation 456/2005 requires
regional states to enact their respective land administration and use proclamations consistent with
the provisions of the federal proclamation.
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Land ownership is legally vested in the Ethiopian state and public. Hence, land cannot be sold or
exchanged. Peasant farmers, pastoralists and semi-pastoralists who are or who wish to be
engaged in agriculture have only holding rights and cannot sell, exchange or mortgage the land.
But the constitution does not prohibit mortgaging land use right. Land administration is the
responsibility of regional governments. The legal framework for rural land acquisition, transfer,
redistribution, removal of a holding right, administration and security are set out in the 1995
Constitution and Proclamation No. 456/2005.
The rural land legislation provides peasants with lifetime rights (holding right) to the land. This
land right includes use, lease/rent, donation and inheritance rights; however, sale and mortgage
are not allowed. The rights of lease/rent, donation and inheritance are however restricted for
different reasons. The rural land legislation also creates free access to rural land, however due to
land shortage and restriction on land distribution, it is not always possible to implement this
right.
In accordance with Article 5 of Proclamation No. 456/2005, peasant farmers, semi- pastoralists
and pastoralists whose livelihoods depends on agriculture, or who want to engage in agriculture,
have the right to access land for free, while private investors who engage in agricultural
development activities, also have the right to use rural land in accordance with the investment
policies and laws of the country. The federal as well as regional rural land use and administration
laws provide that any peasant or pastoralist, or semi pastoralists who have the right to land shall
have the right to lease on his holding.
Further under article 5(1(c)) of the proclamation it is clearly and expressly stipulated that woman
who want to engage in agriculture shall have the right to get and use rural land. All other
provisions of the proclamation are equally applicable for women too. Article 6(4) enshrined that
where land is jointly held by husband and wife or by other persons, the holding certificate shall
be prepared in the name of all the joint holders.
The federal rural land administration and use proclamation number 456/2005 under its article
2(4) defines "holding right" as the right of any peasant farmer semi-pastoralist and pastoralist
shall have to use rural land for purpose of agriculture .and land development, lease and bequeath
to members of 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. Besides
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Benishangul Gumuz regional proclamation under article 11 states that the rural land in the region
may be held individually, in group, communally and the government.
The types of land holding can be classified as:
o State holding right.
It means rural land demarcated and those lands to be demarcated in the future at federal or
regional states holding; and includes forestlands, wildlife protected areas, state farms, mining
lands, lakes, rivers and other rural lands. In the state holding rights are assigned to some authority
in the public sector.
o Joint holding right
It means assigning holding of land to two or more persons in common having the holding right,
and use without division, by sharing the output from the land.
o Private/individual holding right.
It refers to rural land in the holding of peasant or pastoralists or semi pastoralists or other bodies
who are entitled by law to use the land.
o Communal holding right
It means rural land which is out of the ownership of the government or private holding and used
by the local people in common for grazing, forestry and other social services.
Communal land is a (mostly rural) territory in possession of a community, rather than an

individual or company. The characteristics of communal land tenure as follows:
- Collective Use- Members of the community can use the land collectively. Members are
clearly knows by the community.
- Large in size
- Mostly used for grazing, forest and other social services
Rural land will be given free of charge and for an indefinite period to peasants, pastoralists and
semi-pastoralists who are or wish to be engaged in agriculture (FDRE, Proc. No. 456/2005, Art.5
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sub-Art. 1. a), and to investors through lease/rent for a specified period. According to the
proclamation, rural land can be acquired either by distribution (distribution of government land,
communal land, other unoccupied land and land with no inheritor), redistribution, settlement
programs, donation or inheritance. Based on this, rural kebele administrations allocate land
within their jurisdiction to farming households, and regional states allocate land through
resettlement programs. Farming households can also rent in land either in the form of fixed rent
or sharecropping and acquire land as a gift or inheritance. Most of the land used by farming
households is allocated by rural kebele administrations. Investors can lease farmland from
woreda administrations, regional states or federal government depending on how much land they
wish to acquire.
In recognition of the fragmentation of land parcels and poor technology (poor farm management
with limited improved seeds, fertilizer, irrigation and pesticide application), the federal proclamation
determined a minimum area of land that is granted through different forms (FDRE, Proc. No.
456/2005, Art. 11.1).
The federal government states that peasant farmers, pastoralists and semi-pastoralists can transfer
their rural land-use rights through donation (FDRE, Proc. No. 456/2005, Art.5.2) or inheritance
(FDRE, Proc. No. 456/2005, Art. 8.5) to members of their family and can also rent/lease part of
their holdings to other farmers or investors for a specified period (FDRE, Proc. No. 456/2005,
Art.8.1). The federal rural land proclamation on land transfer through donation and inheritance
clearly states that being a rural resident and engaged or wishing to engage in agriculture is a
condition of eligibility, while transfer through rent/lease can be for rural and urban residents who
are or wish to be engaged in agriculture.
The federal proclamation on rural land clearly promises land redistribution only when the
community agrees (FDRE, Proc. No. 456/2005, Art. 9.3). Land to be cultivated by irrigation is,
however, subject to redistribution ‘to use irrigable land properly and equitably’ (FDRE, Proc. No.
456/2005, Art. 9.2).
Farming households may lose their land-use rights for different reasons. One of the reasons is
when they failure to use and protect the land (FDRE, Proc. No. 456/2005, Art. 10.1). In line with
this, by taking the importance of Awareness Creation on Land Administration and Use Laws; the
federal draft rural land administration and use proclamation under article 98 provides that:
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“Federal and regional rural land administration and use institutions shall carry out awareness
creation activities to farmers, semi pastoralists and pastoralists pertaining to the rights and
obligations provided under this Proclamation.” It shows that the responsibility of creating
awareness on land administration and use issues primarily rests on rural land administrations use
institutions (both at federal and regional). But this does not mean that the responsibility is given
solely to these intuitions, rather Medias, educational institutions and others have also the same
responsibility.
Women and vulnerable groups have equal rights with men as far as land is concerned. Giving the
right for women and other vulnerable groups alone is not enough, it is very crucial to implement
those rights. To implement the rights, creating awareness for women themselves and other parts
of the society is pivotal.
Compromising the existing customary land tenure system with statutory land tenure system is an
important task. It is not an easy task to converge the formal and informal systems as far as land
right. Trying to replace the customary system by the formal system in the short time is not an
ideal solution. The formal system is not coined by taking in to account the customary system.
1.1.3. Understanding Expropriation of Land Holding for Public Purpose and

Payment of compensation and resettlement of displaced people
Proclamation No. 1161/2019 and Regulation No 472/2020
The federal expropriation of landholding for public purpose and payment of compensation and
resettlement proclamation number 1161/2019, and it is implementing regulation number
472/2020: also regulates land issues especially when land is needed for public purpose and
expropriation is made. These laws have steps on:
- How land can be taken from land holders for public purpose.
- How amount of compensation be calculated
- How compensation is made to expropriates
- How expropriated individuals are to be resettled.
This proclamation and regulation repeal the previous proclamation number 455/2005 and
regulation number 135/2007 respectively.
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Objective of the Proclamation
The objectives of promulgating the proclamation are enshrined in the preamble of it. The
following are the major objectives.
 It is necessary that government needs to use land for development works it carries out for
public services; and governing this process is crucial.
 Land expropriation has become necessary to address the steadily growing urban population
which requires more land for building houses, infrastructure; and for redevelopment of the
urban slams to invigorate investment and other services; and for development activities in
rural areas.
 It is essential to determine the types of compensable properties and lost economic interests
and the principles thereof and establish the methods of valuation in order to pay land holders
whose landholdings and property are expropriated or damaged or lost their economic interests
in the process of expropriation fair and equitable compensation.
 It is necessary to identify and define the powers and responsibilities of authorities which are
in charge of property valuation, payment of compensation and resettlement.
 It is necessary to rectify and fill gaps envisaged in the former law and to include other
provisions to make the system of expropriation of land holdings and payment of
compensation more effective.
 It is necessary to determine the decision-making process and grievances procedure related

with the expropriation and payment of compensation.
 It is necessary to enact detailed laws to implement the general powers given to the Federal
Government under the Constitution of Federal Democratic Republic of Ethiopia to enact laws
regarding land use under Article 51(5); and expropriate of Private property for Public
Purposes and payment of fair and equitable compensation to the expropriated land holders
under Article 40(8) and provide support to resettle displaced people under Article 44 (2).
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Definition of terms
Public Purpose is defined under article 2(1) of the proclamation. The term was the source of
controversial ideas in the previous laws. It is defined as a decision that is made by the cabinet of
a Regional State, Addis Ababa, Dire Dawa or the appropriate Federal Authority on basis of
approved land use plan or development plan or structural plan under the belief that the land use
will directly or indirectly bring better economic and social development to the public. As per the
definition, the decision made has to be on the basis of approved land use plan or development
plan or structural plan.
Compensation and Support packages
The proclamation has tried to bring balance between the property rights of landholders on one
hand and the need for development on the other. Based on this, the proclamation enshrines the
following compensation and compensation related support packages.
1. Property Compensation is one of the compensation types that is to be paid to property owners.
The term “property compensation” is defined under article 2(2) of the proclamation as
payment to be made in cash or in kind or in both to a person for his property or permanent
improvements situated on his expropriated landholding. As per article 12 of the proclamation
the landholder whose land is expropriated shall be paid compensation for the property on the
land and the permanent improvement made on the land. The amount of compensation for the
property on the land shall cover the cost of replacing the property anew.
2. Displacement Compensation is the second type of compensation. It is payment to be made to a

land holder for the loss of his use right on the land because of expropriation. (Article 2(3)).
3. Displacement Assistance means payment to be made, in addition to property and displacement

compensations, for a landholder who permanently or temporarily displaced to help him adjust
to the new place. (Article 2(4)).
4. Economic Loss Compensation is payment to be made to those who are not displaced but who
suffer loss of employment, trade, or rentals, or similar activities as a consequence of
expropriation of land for public purposes. (Article 2(5)). As per article 14 of the proclamation
a person who lost economic benefit either permanently or temporarily without being
displaced as a consequence of land expropriation shall be paid compensation. Incomes
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generated from employment, rentals, business and the like net annual income except that of
the income genereated from agriculture may be considered for determination of the type and
amount of compensation.
5. Social Ties Discontinuance and Moral Damage Compensation is payment to be made to

displaced people for the breakup of their social ties and moral. (Article 2(6)).
6. Resettlement is support provided to people who are not physically displaced but lost their
economic benefit due to expropriation of land for public purposes and so as to enable them to
generate sustainable income. (Article 2(7)).
The power to decide on public purpose is given to the appropriate Federal Authority, or a
Regional, Addis Ababa, Dire Dawa cabinet. They shall decide on the basis of an approved land
use plan; or master plan; or structural plan whether the expropriated land directly or indirectly
brings better development and is beneficial to the public. (Article 5(1)). Unlike the previous laws,
this proclamation allowed landholders to file objections on the public purpose decision where
their land is expropriated in the absence of the fulfillment of the requirements provided. On the
other hand, the power to clear landholdings is given to the City or Woreda administration. They
have the power to order evacuation and takeover land decided to be expropriated for public
purpose. Article (6).
Valuation of property is enshrined under article 17 of the proclamation. Three alternatives are
included: -
 Compensation for the Property situated on land to be expropriated shall be evaluated by

Certified Private Institution or individual consultant valuators on the basis of a nationally
approved valuation method.
 It shall be evaluated by an Autonomous Government Organization established for that

purpose where there is no private certified property valuation organization or individual
consultant.
 Where the organizations stated above do not exist, it shall be, considering location of the
expropriated land evaluated by valuation committee established by the relevant Urban or
Woreda Administrations comprising proper professionals.
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Finally, the powers and functions of different levels of government agencies is included in the
proclamation. Ministry of Agriculture shall: (Article 22(2) of the proclamation)
o Follow up and ensure implementation of the provisions of this proclamation pertaining to rural
areas in the Regions.
o Support resettlement of displaced people from rural areas.
o Provide technical and capacity building support to Regional States, Addis Ababa and Dire
Dawa City Administrations to enable them to implement this Proclamation.
On the other hand, the powers and Functions of Regional States, Addis Ababa and Dire Dawa
City Administrations are: (Article 23 of the proclamation)
• Follow up and ensure the implementation of this Proclamation and the Regulation and
Directive enacted under it in Regional States, Addis Ababa Dire Dawa City Administrations.
• Develop and implement resettlement packages. An independent entity that implements and
govern this framework shall be established or appointed from this institution to bear this
responsibility.
• Provide capacity building support to Urban and Woreda Administrations to enable them to
implement this Proclamation.
• Asses the living conditions of the displaced persons and provide solutions to the identified
problems.
Woredas and urban administrations have got their own responsibility, among them is the
following: (Article 25 of the proclamation)
❖ Organize consultative meetings with people that are going to be displaced on the type;
benefits; and generally, the process of the project.
❖ Pay or make others pay the compensation to the landholders whose land holdings are
expropriated.
❖ Implementing the resettlement packages.
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❖ Maintain record of the property located on the expropriated land.
❖ Support and ensure the improvement of the livelihood of displaced farmers and
pastoralists.
❖ Maintain record and evidence relating to the displaced.
Finally, as per article 26 of the proclamation the council of ministers are mandated to issue
regulation for the implementation of the Proclamation; and regional states or Addis Ababa or
Dire Dawa City Administrations are delegated to issue Directives necessary for the proper
implementation of the Proclamation and Regulation.
Dear trainee! Do your region/city administration have expropriation directive issued as per
the federal proclamation and regulation? If yes, what issues are included in the directive? Please
discuss in group.
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1.1.4. The Federal Revised Family Code, Civil Code, and Criminal Code
Family code of the federal government: There is no major difference between the federal and
regional family laws. Almost the regional family laws are the carbon copy of the federal one.
These family codes govern land with respect to conclusion of marriage, during marriage and at
the time of divorce. Both Federal and regional family laws recognize the three types of
marriages, customary, religious, and civil marriages (article 1 of the federal family code).
According to article 40 of the federal family law, various forms of marriage are equivalent.
Marriage produces the same legal effects whatever the form according to which it has been
celebrated. No distinction shall be made as to whether the marriage has been concluded before an
officer of civil status or according to the forms prescribed by religion or custom. This recognition
has a great correlation with the customary land use rights. Article 62 of the family code of the
Federal, states that, all income derived by personal efforts of the spouses and from their common
or personal property shall be common property. This shows that even though the land is the
private holding of one of the spouses, if they apply their effort on the land, the fruit to be
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collected from the land will become their joint property. Unless otherwise stipulated in the act of
donation or will, Property donated or bequeathed conjointly to the spouses shall be common
property.
The legal presumption is that all property shall be deemed to be common property even if
registered in the name of one of the spouses unless such spouse proves that he is the sole owner
thereof (Art. 63 of the family code). This shows that, the registration of rural land by the name of
the husband only does not mean that that land belongs solely to the husband. The husband should
prove by other evidence that he is the sole holder of that land.
Common properties of the spouses including land shall be administered conjointly by the spouses
unless there is an agreement which empowers one of them to administer all or part of the
common property. If there is legally valid agency contract among the spouses which confers one
of them to administer their common properties, it is possible to do so. The agreement of both
spouses is mandatory to sale, exchange, rent out, pledge, or mortgage or alienate in any other
way a common immovable property to confer a right to third parties on such property. Since land
could not be sold in our legal system it does not apply for land. But other cases, like rent out,
exchange, mortgage, or alienate in any other way (to mean via succession, donation, and the like)
of a common holding of land requires the joint consent of the husband and the wife. The same
principle is enshrined under the federal and regional rural land administration and use laws.
The 1960 civil code of Ethiopia: The relevancy of the provisions of the 1960 civil code is
another law implemented for land issues. The civil code has a legal effect for the land
administration and use cases if they do not contradict the mandatory provisions of the land
administration laws. Issues like how contract is formed, essential valid requirements for the
formation of a contract, how a contract could be terminated, performance of contract,
invalidation of contract and others are not found in detail under the land administration laws of
the federal as well as regional states. So, the provisions which are found in the civil code will be
used to fill the gap.
Criminal law: The federal democratic republic of Ethiopia criminal law has a lot to do with the
land use right. The law makes harmful traditional practices crime. Most provisions of the
criminal code have correlation with land use right infringements.
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Chapter two of the criminal code starting from article 407 enshrines crimes which are committed
by public servants. Any public servant who, with intent to obtain for himself or to procure for
another an undue advantage or to injure the right or interest of another: misuses his official
position or the power proper to his office etc. etc. commits a crime, punishable according to the
gravity of the crime (Art. 407 of criminal code). This shows that a civil servant who issues a land
holding certificate for a person who has no right, or who nullifies illegally the land holding
certificate already issued or changes the land holding certificate of a women land holder etc. can
be punished under law. Likewise, any public servant who, directly or indirectly, seeks, receives,
or exacts a promise of an advantage for himself or another, in consideration for the performance
or omission of an act, in violation of the duties proper to his office, is punishable with simple
imprisonment (Art. 408).
False testimony, opinion or translation are other criminal acts carried out in land administration
cases and again, jeopardizes the interest and land use right of women. For example, if someone
infringes the land use right of a woman and she brings the case before the court of law, the court
may seek the witness, opinion, or translation of some of the documents. Experts or civil servants
translating the documents may knowingly or unknowingly may not translate correctly. If this is
done intentionally, the act is a considered to be criminal. Most of the time women are losers in
such kind of cases. Witnesses giving false information in a court case is also considered to be a
criminal offence.
Crimes against property are declared starting from Art. 662 of the Criminal Code. Causing
damage on the property of another including land with animals (Art. 685), possessing the land of
another without just cause (Art. 686), changing or destructing boundary demarcations of the land
holding are all included.
Art. 712 of the criminal code contains a provision about usury. It says that whoever, by
exploiting a person's reduced circumstances or dependency, material difficulties, or carelessness,
inexperience, weak character, or mind: lends him money at a rate exceeding the official rate; or
obtains a promise or assignment of benefits in property in exchange for pecuniary or other
consideration, which is in evident disproportion, shall be punishable, according to the gravity of
the case.
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1.3. Recognizing the Specific Regional Rural Land Administration Laws
In this section you will be introduced to the specific regional rural land administration laws.
Dear trainee! Do you know specific regional rural land administration related laws? Let
you try to list the different rural land administration laws please.
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1.3.1. Understanding regional Rural Land Administration and Use Laws
Regional states power to enact their region land laws: Article 52(2(d)) of the FDRE
constitution gives regional states to administer their lands based on the law which the federal
government has promulgated. Despite this provision The Federal Government may, when
necessary, delegate to the States powers and functions granted to it by Article 51 of this
Constitution (Article 50 (5) of the FDRE constitution). Based on this, the federal government
delegated regional states to enact their own rural land administration and use laws under article
17 of proclamation number 456/2005. This is to effectively administer their lands, but the
provisions of these laws must be enacted according to and in line with the federal law.
Proclamation, regulation, and directive: Based on the above delegation regions have enacted
their own rural land administration and use laws. All regional states (except Sidama national
regional state) have their own rural land administration laws. But the content of these laws differs
from region to region. Sometimes, the provisions of these laws contradict with the federal
framework law. Let us see, some of the provisions of the regional legal frameworks.
I. Transfer rights
Despite the delegation is given by the federal rural land administration and use proclamation,
regional states have different provisions in relation to the transfer of land rights.
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A. Lease/Rent
Land rent/lease is one of the rights which is allowed by the federal as well as regional states land
administration laws. For instance, the federal proclamation number 456/2005 under its article 8
stated that Peasant farmers, semi-pastoralist and pastoralist who are given holding certificate can
lease to other farmers or investors land from their holding of a size sufficient for the intended
development in a manner that shall not displace them, for a period to be determined by rural land
administration laws of regions based on local conditions. The rural land lease agreement to be
concluded shall secure the consent of all the members who have the right to use the land and be
approved and registered by the competent authority. As per article 6(6) of the same proclamation
any rural land that is held through lease or rental shall be registered by the competent authority.
A landholder may, using his land use right, undertake development activity jointly with investor
in accordance with the contract he concludes. Such contract shall be approved and registered by
the competent authority. Besides, an investor who has leased rural land may present his use right
as collateral.
Based on these provisions, the following questions can be raised.
o When we say holding certificate does it include the FLLC? What about others who may
not have landholding certificate? Does it mean that they do not have the right to rent out
their holding?
o What does “a size sufficient for the intended development” mean?
o What does “in a manner that shall not displace them” mean? Who is going to determine
this? Are woreda land administration offices capable to do this?
o The. rural land lease agreement to be concluded shall secure the consent of all the
members who have the right to use the land and be approved and registered by the
competent authority. Does this provision refer spouses and other joint holders or family
members as well who have interest over a given land?
The Amhara rural land administration and use proclamation number 252/2017 has tried to
differentiate between rent and lease; and has a definition for both terms. Rent is defined under
article 2(29) of the proclamation as a system in which any farmer causes the use of his rural
landholding or right of use to be transferred to another person through contract for a limited
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period receiving either in kind or in cash benefit. So, rent includes both cash rental and in-kind
sharecropping arrangements. On the other hand, lease is defined in the same proclamation article
2 (30) as the operation in which any private investor takes rural land for a limited time to legally
permitted service from the regional government including the rights of mortgage for creditor
institutions until the effective date of the contract to use the land. The Amhara proclamation
enshrines rent provisions under article 15. Any rural landholder can transfer his land using right
to any person through rent contract as far as it does not displace himself from his holding. But
renting out a holding right to any activity other than agriculture is prohibited. Any land rent
contractual agreement up to the period of two years should be registered being presented to the
kebele administration where the land is found and to the office of the rural land administration
and use when the agreement is longer than the period of two years. The maximum period of rural
land rent is 30 years concerning to permanent fruit plants or preferred tree types, and 10 years
concerning annual crops. The document that the authorized body to make a contract has
approved after being discussed by a family council should be presented with the rent contract so
as to ensure that the agreement should not harm the benefit of them when the children under the
protection of guardians or tutor, aged and interdicted persons or persons whose insanity is
declared by court.
The procedure in the ONRS is different. Although any peasant farmer, whether pastoralist or
semi-pastoralist, has the right to rent/lease their holding (ONRS, Proc. No. 130/2007, Art.6.1),
the amount is limited to a maximum of half of the holding (Art.10.1) and the duration of the lease
may not exceed three years for those who apply traditional farming and 15 years for mechanized
farming (ONRS, Proc. No. 130/2007, Art. 10.1-2).
The rural land proclamation in SNNPRS (Proc. No. 110/2007, Art.8.1) also allows any rural
landholder who has a holding certificate to transfer the land through rent/lease to any person in a
manner that it shall not displace the landholder. A landholding certificate is enshrined as a pre-
requisite. The remaining holding should be enough to produce enough food for the family’s
annual needs. The duration of the contract between farming households is up to five years, from
farming household to investors up to 10 years and from farming households to investors who
cultivate perennial crops up to 25 years. If the landholder has another source of livelihood such
as ‘working as laborer, being hired by the investor, or to make business or any other better job
opportunity, he can rent all of his holding’ (SNNPRS, Proc. No. 110/2007, Art.8.1.c).
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The Tigray national regional state rural land administration and use proclamation number
239/2014 also enshrines provisions related with rent. Article 9 of the proclamation states that
landholders who have landholding certificate (with map) can rent out up to half oof their holding
to another peasant or investor. SLLC seems a pre-requisite for rental contracts, plus it is only half
of a holding that can be rented out. Joint landholdings shall be rented out with the full consent of
all landholders. As to the duration of the rent contract, it is for up to 20 years for modern
agriculture, and up to 3 years for traditional farming.
B. Donation
Donation is one of the landholding rights which landholders have. Rural landholding can be
transferred through donation. As per article 5(2) of proclamation 456/2005, any person who is
member of a peasant farmer, Semi pastoralist and pastoralist family having the right to use rural
land may get rural land from his family by donation. So, donation is allowed to a family member.
Family member is defined under article 2(5) of the same proclamation as any person who
permanently lives with holder of holding right sharing the livelihood of the later. A person has to
fulfil two conditions so as to get land through donation. (1) s/he should permanently live with
the donor; and (2) the donee should share the livelihood of the donor. This provision may be
criticized as being gender insensitive. Most of the time, in most of the rural areas, women marry
and leave the residents of their families and start living with their new husband. In this case, they
may not fulfil the above two conditions and may be precluded from getting land through
donation.
The Amhara proclamation enshrines donation under article 16. Based on this provision any rural
landholder can transfer the landholding as well as his use right to any person residing in the
Region and for whom fulfills at least one of the following criteria through donation:
- To a child or grandchild or any other family member who engaged in agricultural activity or
wants to engage in this activity as far as it does not exceed the maximum ceiling of holding.
- To any other person who engaged in agricultural activity or wants to engage in this activity
that the landholder believes he has served or has been serving him as far as the landholder
gives the document approving in written. For the donation to be effective the donee shall
present a written approval by the kebele social court about his caring or has been caring the
donor.
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A donation made by a landholder is invalid if it is made in a way that totally harms his minor
children or other family members or not leaving enough shares to them. If the landholding is held
by spouse or other persons commonly/jointly, the contract made to transfer this donation shall be
effective only when the spouses or the concerned bodies of the common holders agreed all. Any
contract of donation should be in written form, submitted and registered in the woreda rural land
administration and use office where the land is found. When it is found that the donee to care for
is not caring the maintenance creditor in accordance with his promise, the maintenance-creditor
has the right to seek the invalidation of the contract by submitting the issue to the regular court.
In ONRS, land can also be transferred though donation to family members whose livelihood
depends on it and who have no other source of income (ONRS, Proc. No. 130/2007, Art.9.5).
The law makes being a rural resident and a family member of the landholder a condition of
eligibility to acquire rural land through donation.
Donation in Tigray is allowed for landless immediate descendants, adopted child and immediate
ascendants Article 8(10) of the regional proclamation. All of them have to be landless so as to get
land through donation. It is not possible to donate land for a wife; or other individuals who have
landholding.
In SNNP regional proclamation article 5(11) states that any person who is a member of a peasant,
semi pastoralist and pastoralist family have the right to use rural land that may be obtained from
his family by gift.
C. Inheritance/Succession
Succession can be testate (based on the will of the deceased) or intestate (based on the legal
frameworks). The rural land administration and use laws govern land succession issues
differently from the civil code succession provisions. As the land laws are recent are more
specific, these provisions have to prevail over the civil code succession provisions, save
provisions which are not clearly repealed by the land laws.
The federal rural land administration and use proclamation under article 5(2) declares that any
person who is member of a peasant farmer, Semi pastoralist and pastoralist family having the
right to use rural land may get rural land from his family by inheritance. It is not clear whether
this provision refers testate or intestate. Any how two conditions should be fulfilled to get land
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through inheritance. 1) the beneficiary should be a family member of the landholder; 2) s/he
should have the right to use rural land: meaning they should be engaged or wants to engage in
agriculture for a living (article 5(1(b)).
Rural land proclamations by ANRS state that, any person who is the rural holder land may
transfer his holding as well as use right to any person engaged in agricultural activity or to any
other person who wants to engage in this activity through will. (ANRS, Proc. No. 252/2017, Art.
17). The landholder can transfer his holding and using right for specific time for more than one
person through will. The will shall be invalid if it disinherits the legal heirship of the testator’s
minor children or harms the legal rights of his spouse. The will shall meet the criteria of public
will clearly mentioned in the Civil-Code and should be submitted and registered by the pertinent
wereda land administration and use office. The Amhara proclamation also governs intestate
succession. It states that when one is found intestate or the given will is to be void, the right is
transferred to deceased children, parent/parents or to any legally permitted other family member
respectively who engaged in or wants to engage in agricultural activity. When any person found
intestate and has no descendant whose livelihood is agriculture or wants to engage in this
activity, parent/parents (if there is/there are) has the right to inherit if they engaged in or want to
engage in agricultural activity when it is known that their previous land, they have, is not
exceeding the ceiling of holding. When it is found that the share of each heir is less than the
minimum amount of farm, it is not possible to divide the farm instead they use commonly. Any
rural landholding which has no heir will be distributed to new applicants after being submitted to
land bank. For the sake of inheritance objective persons residing permanently in towns bordering
with the rural areas who engaged in permanent job earning least income but support their living
on an income generated from the rural land are considered as farmers.
Succession only comes into effect on the death of the landholder. In the SNNPRS, the
proclamation says that transfer through inheritance only applies to rights holders in the family
(SNNPRS, Proc. No. 110/2007, Art. 8.5). In SNNP regional proclamation article 5(11) states that
any person who is a member of a peasant, semi pastoralist and pastoralist family have the right to
use rural land that may be obtained from his family by inheritance. The provision is not clear
whether it is a testate or intestate succession it is. The same is true in ONRS (ONRS, Proc. No.
130/2007, Art.9.1). The proclamations in ONRS and SNNPRS make being a rural resident a
condition for inheriting rural land. Rural land that is transferred through inheritance must be in
compliance with the minimum size of holding (FDRE, Proc. No. 456/2005, Art.11.2). Based on
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this guide, regional governments decide on the minimum size. For instance, the proclamation of
ONRS, Proc. No. 130/2007 fixes the minimum size: 0.5 ha for annual crops and 0.25 ha for
perennial crops (Art. 7). The SNNPRS proclamation (Proc. No. 110/2007 Art. 11.1), provides 0.5
ha if the land is rain-fed and ≤ 0.5 ha if the land granted is cultivable through irrigation
constructed by government. Unlike the federal proclamation, the condition of being a rural
resident to inherit rural land is relaxed. Persons living in urban centers and engaged in small
income activities to support their rural livelihoods can be considered farmers in terms of
succession (FDRE, Proc. No. 456/2005, Art. 16.2).
Inheritance with will is not allowed in Tigray. Intestate succession is allowed for landless
immediate descendants, adopted child and immediate ascendants Article 8(10) of the regional
proclamation. All of them have to be landless so as to get land through intestate succession.
D. Mortgaging Land Use Right
This is one of the most important rights for landholders. This right allows landholders to borrow
money and use it to buy new technologies and increase investment on their land. The federal
government has included this right in the new draft rural land administration and use
proclamation, article 17. The provision is labeled as “Using Land Use Rights as Collateral”. The
following rights are included in the new draft.
A landholder may collateralize his use right to financial institutions for a specific period
of time and over a given size of his holding as shall be determined by regional laws.
Without prejudice to the above provision, a collateral agreement over the use right of a
holder may not be made for more than ten years.
Where the debtor fails to pay the debt on the time prescribed in the contract, the creditor
may have the right to use the land for the prescribed time only.
Where the creditor, by using the land, generates more money than he had lent, the debtor
may not claim the difference.
The liability of the debtor shall be limited to the use right of the land transferred for the
agreed time.
Collateral agreement shall be authenticated and registered before an institution authorized
26
by regional governments.
Without prejudice to sub articles 1-6 of this article, the rights and obligations of the
creditor and debtor shall be determined by regional laws.
Even though the new draft rural land administration and use proclamation is not approved by the
HPRs, there is another proclamation which allows landholders to use their land use right as a
collateral. This proclamation is called “movable property security right proclamation number
1147/2019”. The proclamation is drafted by the NBE and approved by HPRs. Movable property
is defined under article 2(27) of the proclamation. As per the provision movable property
includes, among other things, the right to use land, unless prohibited by pertinent laws. There is
no any law which prohibit collateral using land use right, but using the land itself. As per this
provision any landholder can pledge his land use right for a specific period of time. For detail
implementation the NBE has approved a detailed directive known as “CODIFICATION,
REGISTRATION AND VALUATION OF MOVABLE PROPERTIES TO BE PLEDGED AS
COLLATERAL FOR LOAN DIRECTIVE NO. MCR/02/2020”. Article 7 of this directive talks
about Land Use Right – Codification, Registration and Valuation. As per this provision it will be
the land use certificate that will be pledges and used as an evidence for the land use right. The
UPIN will be used to identify each parcel for the pledging purpose. The output of the land to be
pledged shall be measured by the level of yield it produces. The secured creditor shall use price
indicators of the market or that provided by professionals and institutions as inputs to determine
the value of the land. The ultimate value decision shall, however, remain in the discretion of the
secured creditor.
As per the directive there are Duties of the Debtor/Grantor. The debtor/grantor: shall allow
physical inspection of the land being offered as collateral for loan any time when the secured
creditors want to do so; and shall not transfer the land use right, being pledged for loan, to a third
party without the consent of the secured creditor. This shall be clearly stated in the loan contract.
More importantly,
On the other hand, the secured creditor/bank/MFIs shall authenticate the land use certificate from
the source and possess it and evaluate the overall conditions of the land that is being offered for
collateral; and in case of default, shall use the land until such time of fully recovering the loan.
27
In addition to the above rights the Amhara new proclamation comes up with a new right.
(Proclamation number 252/2017, art. 19)
- Any rural landholder may mortgage his using right to financial institution which has given
recognition by the country’s National Bank for not more than 30 years permitted by this
proclamation.
- When the borrower is unable to return his debt within the period indicated in the loan contract
and if the lender is found to be served by the land for the period specified in the loan contract;
the scope of the right cannot exceed the right of use.
- If the lender does not develop the land by himself and transfers to a third party through rent
because of this, the borrower is given priority as far as he agreed to take the land in contract
from the lender.
- Any contract of mortgage related to rural land use right should be registered by the lender
institution; the copy of this rent contract should be attached with the landholder’s personal
file being submitted to the woreda rural land administration and use office where the land is
found.
Benishangul-Gumuz National Regional State, proclamation No. 152/2018 enacted on Rural Land
Administration and Utilization, article 16.5 states that any legal body granted with legal rights of
land utilization shall reserve the right to utilize such land with his/her level, money, transfer
properties produced on such land through sales to legal bodies, rent, inherit, and use as collateral.
This provision seems for investors. On the other hand, article 19(16) states that any investor
leasing rural land, unemployed rural enterprises/ associations or farmers shall lease their holding
to financial institutions with recognition from the government or use as collateral of any
properties on such land or develop using labor and finance. The Amharic version of this
provision is very clear and states that landholders can use their land use right as a collateral to
access loan from financial institutions recognized by the government.
II. Women land rights
Women’s access use and control over resources are shaped by complex systems of civil law as
well as customary and religious laws and the marriage practices, especially in the case
polygamous marriages, widowhood and divorces (Deressa 2016).
28
Under customary law, women tend to have weaker rights and it was found that the introduction
of certain key legal provisions for strengthening women’s rights that include the co-registration
of spousal rights and the recognition of women’s inheritance rights over land have had a direct
impact on their social and economic empowerment (Romano, 2013). In many communities,
access to land resources is governed by both statutory and customary laws. Conflicts can exist
between traditional norms and national laws, as is often the case when land rights are considered.
Local norms as enforced by community members are most likely to prevail, particularly in rural
areas. Access to and control over resources and benefits is determined by socio-cultural norms
which have significant impacts on gender relations (Woldetensaye, 2007). Despite the significant
contribution to the economy, due to customary bias women are prohibited from exercising their
statutory land use rights (Teshome, 2015).
Ethiopian land law has many provisions which advocate for the equality of women with men as
far as land use rights are concerned (for example, art.5. the right to access and use rural land; art
6(4). joint titling of a land in the name of husband and wife if the land belongs to both) and is
said to give clear opportunities for women to own and use land (Romano, 2013). However even
though on paper laws advocate for the equality of women with men, in practice these laws do not
tend to be fully implemented (Deressa and Eversman, 2016).
III. Conditions to lose land.
As land administration is about 3Rs (Rights, Responsibilities and Restrictions); like the rights
they have landholders also have responsibilities. These responsibilities are intended to protect the
environment, to protect the interest of existing and future generations or bring sustainable
development. As per article 10 of the federal proclamation number 456/2005 a rural land holder
is obliged to use and protect his land. When the land gets damaged, the user of the land shall lose
his use right.
In ONRS rural land users can lose their right if they leave the land idle for two consecutive years
(ONRS, Proc. No. 130/2007, Art. 6.16). In SNNPRS, users can be deprived of their rights if the
land lies fallow for three consecutive years provided that they are not sick or in prison. Besides,
when damage resulted on the land due to lack of proper care in utilization of the land, and when
this can't be excused by penalty the user of the land shall lose his right of use by the decision
passed against him.
29
Rural landholding rights given in accordance with the Proc. No. 252/2017 of ANRS can be
deprived for any of the following reasons. If the landholder earns a living from non-farming
activity being found to be employed in a private, government or non-governmental organization
or in any work of another institution (exception: any model farmer being transferred to investor
due to creating additional income while his permanent livelihood is agriculture shall not be
deprived of his given plot for agricultural work); if the landholder disappears for five consecutive
years without giving notification of their whereabouts or renting out the land; if the landholder
allows the land to lie fallow for three consecutive years for rain-fed land and one year for
irrigated land; if the landholder does not developing the holding according to the prepared land
use plan and in areas where this plan is not yet prepared, being found to cause a serious damage
on the land due to maltreatment; when decision is passed by a pertinent body to use the land for
public service; and when he has left his landholding right in his consent by notifying the pertinent
wereda land administration and use office in written form. (Article 21). Any person deprived of
his rural landholding right, for any reasons stated above, has the right to get commensurate
compensation in advance for the permanent property he has produced on the land.
30
Table 1: Brief Comparison of Regional Laws
Tigray Amhara Oromia SNNPR

Rural • SLLC Pre-requisite • Without • Up to half • Landholding certificate
Land • Up to half of the total displacing the • 3 for pre-requisite
Rent holding landholder traditional • Without displacing the
• 3 for traditional • Annual crops 10 farming landholder
farming years • 15 years for • Farmer to farmer 5 years
• Maximum 20 years • Perennial crops modern • Investors for annual crop
up to 30 years • VGs right to 10 years
rent out • Investors for Perennial
whole crop 25 years
holding
Donation Landless immediate • Requirements Landless family Family members
descendants, adopted A. Child, members and
child or immediate grandchild, family immediate
ascendant member; or descendants with
B. Supporting the no other income
donor
Testate • Not Possible To any one whose • Family Family members (not clear
Succession livelihood is Members whether testate or intestate)
dependent on • Priority for
agriculture or wants wholly
to engage on it dependent of
the land
Intestate • Underage children • Immediate Family Members Family members (not clear
succession• Landless adopted or Ascendants whether testate or intestate)
natural children who • Immediate
attained majority. Descendants
• Landless immediate • Other family
ascendants members as per
• Those who were the law
supporting. • Land Bank
• Distribution
Access to Drafted • Maximum 30 Drafted Drafted
Credit years Land use
right
• Financial
Institutions
Recognized by
NBE
• To the extent of
the land use
right
Women • 2 Committee members Representation by At the time of -
Land • Affirmative action legally recognized divorce partition
Rights during re- body of property taking
distribution (25 % in to account the
for women) number of
children they will
take care of
31
Self-Check Questions
Answer the following questions.
1. Discuss on types of land holding right.

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2. What is property right? Describe the types of property?
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3. List legal frameworks governing the rural land of Ethiopia.
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4. Describe the major issues included in the FDRE constitution as far as rural land is concerned.
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5. Discuss the major rights enshrined in the legal frameworks governing rural land.
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Dear trainee! Have you answered these questions? If your answer is no, please re-read this
section and try to answer these questions. If your answer is yes, very good, go to the next section.
32
UNIT TWO: IDENTIFY RURAL LAND RIGHTS TRANSACTIONS
Unit Overview
Dear trainee! Welcome to the second unit of this training. In this unit we will try to see the
different types of rural land rights transactions. We will be explaining the types of rural land
rights transactions and identify the procedures and forms of rural land rights transaction. Thus, in
this unit wide explanations are given for the types of rural land rights transactions, and the
procedures and forms of rural land rights transactions.
Unit Objective
• Explaining the types of rural land rights transactions
• Understand and apply the procedures and forms of rural land rights transactions.
Transaction: - is a generic term used to describe a Transfer, or an Easement, authorized pursuant

to another.
Land transaction: is a 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.
Land records are the evidence of ownership and use rights. There is a growing outcry for a better
land management and development controls by the public sector. Generally, knowledge is not
enough, what is required is detailed information about land use who owns the land, who occupies
and work on it, what is pattern of land use etc.
During land transactions there are changes in land rights and other issues related to land. The
change might be in land rights, property formation, land parcels or/and land holdings.
3.1. Explaining the Types of Rural Land Rights Transaction

In this section you will be introduced to the types of rural land rights transactions. Please try to
answer all questions and activities provided in this section.
33
Dear trainee! Do you know the types of rural land rights transactions? Let you try to list
the different rural land rights transactions please.
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3.1.1. Types of Rural Land Rights Transaction
Transactions on rural land can be sub-divided in transactions with transfer of land holding rights
(e.g., bequeath/inheritance, divorce, gift, exchange, expropriation, and reallocation) or without
transfer of land holding rights (limitation/restriction of rights e.g., encumbrances as rent/lease or
servitudes/easements. A third category of rural land transactions is concerned with changes in
spatial configuration of the parcel (land consolidation and boundaries correction) or with
corrections (of parcel and/or land right holder data). Following the booking principle, rural land
transactions should be registered in the land register to be legally effectuated. Booking principle
means that a change in rights on land, especially by transfer, is not legally effectuated until the
change or the expected right is booked or registered in the land register.
The federal and regional land administration and use proclamations guarantee access to rural
lands for those who intend to engage in agricultural activity. The right to ownership of rural land
is vested with the state, citizens occupy land through possession rights held as perpetual use
rights in the rural sector. Some rural land transactions will include transfer of these rights to
another (group of) persons, but some other land transactions will only limit these rights through
restrictions/encumbrances; another group include special cases where changes in spatial
configuration of the parcel (land consolidation and boundaries correction) or with corrections (of
parcel and/or land right holder data) are recorded. The three groups of rural land transactions are
outlined below:
A. Rural land transactions with transfer of rights
34
In this group of land transactions, the perpetual land holding right received by a person (or group
of persons) from state is transferred to another person (or group of persons) by means of the land
transaction. This transfer of rights should be held in the land register; the land record showing the
original relationship person (land holder) -right (holding) -parcel must be deleted and replaced by
a new one. In the case of transfer of rights without parcel sub-division (e.g., inheritance with only
one heir), one new land record will be created; in the case of transfer of rights with parcel sub-
division (e.g., inheritance with two or more heirs), several new land records will have to be
created.
To ensure transparency and equity of the land transaction, it will be publicly advertised so that
third persons who state having an interest on the parcel can oppose to the transaction and put a
claim on the land parcel. In this case, the land transaction will be on hold during the time needed
for land/judicial authorities to decide upon the opposition.
The rural land transactions with transfer of rights are:
i. Bequeath/Inheritance: in case of death of the land right holder (or of one of the land right
holders), the land right holding is transferred to another person (or group of persons).
Different cases can occur depending on if the dead land right holder had prepared a will or
not and if there is one or more heirs (in the latter case, the parcel might have to be sub-
divided)
ii. Marriage: in case someone (man or woman) having held right on one or more parcels is
marrying another person (who may or may not also have holding rights on one or more
parcels); they will then have joined holding right on each of their parcels.
iii. Divorce: in case the land right holder’s divorce; depending on if both spouses were holding
land rights on the parcel or only one, the parcel might have to be sub-divided.
iv. Gift: in case a land right holder (or group of) gifts its land (or part of) to another person (or
group of persons); in this case too, the parcel might have to be sub-divided.
v. Exchange: in case two different land right holders are holding land and are both willing to
exchange their land; rationales for exchange can be reducing the distance from home to the
land or regrouping small parcels (land consolidation) to make them more convenient for
development.
35
vi. Expropriation: in case of public interest (e.g., irrigation or other infrastructure project), the
state can expropriate a land right holder from (part of) the land he/she was allocated; this
expropriation should go along with proper compensation, generally in the form of allocation
of new land of equal value somewhere else in the same woreda. Expropriation of part of a
land holding will require parcel sub-division.
vii. Reallocation: where a land right holder is not using and protecting her/his land for a number
of years (and after warning), the state can take the land right holding back from the one it was
allocated to and allocate that land to a landless person. Also, if the community agrees,
degraded communal land can be reallocated to landless persons.
viii. Special Case: in principle, the Land Register should be populated by the complete coverage
of land parcels that have been demarcated, adjudicated and registered at the SLLC phase.
However, there can be (special) cases where a parcel has not been registered at SLLC level
(e.g., in case of a parcel that has been demarcated during SLLC but could not be adjudicated
and thus not registered because the land holder was not present during SLLC operations;
now, the land holder wants to register his rights on the parcel and get a Certificate).
Therefore, a land transaction procedure has been developed to enable (sporadic) land
registration for special cases. This special cases’ procedure will disappear in the future when
all parcels will have been registered.
Remark 1
Sub-division of a parcel is needed in case of transfer of land holding rights from one person to
more persons (inheritance, gift, divorce) or on case of partial expropriation and partial
reallocation. In this case, first the parcel should be sub-divided (spatial operation) and then the
holding right on each sub-divided parcel is transferred to new holders.
Remark 2
Special conditions on:
• to whom a land right holding can be transferred by inheritance or gift, and
• concerning the sub-division of a parcel in terms of minimum parcel area are stated in the
respective regional land proclamations or regulations.
36
B. Rural land transactions with limitation/restriction of rights
of persons) from the state is not transferred to another person (or group of persons), but the right
is limited/restricted by means of an encumbrance. An encumbrance is any right or interest that
exists in someone other than the right holder of a land and that restricts the transfer of the land.
Examples of encumbrances are servitudes, rent/ lease, and other restrictive orders and/or
agreements. An encumbrance should be registered in the land register as an annotation in the land
record showing the relationship person (land holder) - right (holding) - parcel. When the
encumbrance is terminated (e.g., no further need for a right of way) the annotation should be
removed from the land record.
The rural land transactions without transfer but with limitation of rights are:
i. Rent (lease): a land right holder can lease, to other farmers or investors, land from his/her
holding of a size sufficient for the intended use, in a manner that shall not displace him/her
and for a period to be determined by the rural land administration and use
proclamation/regulation of the particular regional state.
ii. Servitude/easement is the right to enter/pass through the land hold by another. The most
common are rights of way (for holders of adjacent land-locked parcels) and rights concerning
flowing waters/irrigation.
iii. Other restrictive interests: any agreement (authorized by law) made by the land right holder
concerning his/her land or any court decision that restricts the transfer of the land (e.g.,
unpaid land tax, pending judgement).
C. Changes in spatial configuration of the parcel, corrections, or certificate replacement
In this group of land transactions, only the spatial configuration and size of the parcel is
modified, or the particulars of the land right holder are changed. However, consolidation (merge)
of parcels will always be combined with a transfer of rights transaction (transfer of rights before
parcels’ merge/consolidation) whilst boundaries’ correction may include transfer of rights
because of the transaction. A change of spatial configuration or size of the parcel of land and/or
of the particulars of the land right holder should be register in the land register. In case of:
37
i. Change in parcel configuration or size: the land record showing the original relationship
person (land holder) - right (holding) - parcel must be deleted and replaced by one or more a
new one(s) but for in case it is only a minor correction (e.g., size).
ii. Change in particulars of the land right holder (e.g., wrongly spelled name): the land record
showing the original relationship person-right-parcel must be corrected.
The rural land transactions concerned with changes in spatial configuration of the parcel or with
corrections are:
i. Consolidation (merge) of parcels: consolidation/merge of parcels may be done if it will

make the land holding more convenient for development; of course, the parcels to merge
should be hold by the same land right holder. This is mostly the case after exchange of
parcels.
ii. Boundaries correction: this can happen if the parcel has been wrongly demarcated during
SLLC or if the boundaries have been changed due to natural phenomena (e.g., derived river);
rectification of boundaries will have an influence on the area of the parcel and probably on
the boundaries of neighboring parcels.
iii. Corrections (textual; spatial): simple correction of the land record may be needed if e.g. the
area of the parcel or if some particulars of a person (e.g. name) have been incorrectly
recorded.
iv. Replacement of certificate: just re-printing in case of lost or damaged certificate
Remark
Although concerned with changes in the spatial configuration of a parcel, sub-division is not
included in this category of land transactions. Indeed, parcel sub-division is only authorized if
needed in case of transfer of land holding rights from one person to more persons (inheritance,
gift, divorce) or in case of partial expropriation and partial reallocation. In this case, first the
particular transfer rights associated with a parcel are legally validated, sub-divided (spatial
operation) and then the holding right on each sub-divided parcel is transferred to new holders. It
is therefore only considered as a spatial operation under rural land transactions with transfer of
rights.
38
3.1.2. Common Basic Principles for the Rural Land Transaction Procedures
Even if each land transaction has its own specificities, they all follow a similar process
throughout different functional environments. Therefore, common basic principles, activities and
documents for land transactions are presented below.
A. Land Holding Certificate
Every rural landholder shall be issued with a landholding certificate prepared for each parcel
he/she is holding. The landholding certificate shall:
✓ Be a document showing the attributes of the land holder and of the parcel, including a
parcel index map showing the parcel itself and the neighboring parcels.
✓ Be prepared in the name of the joint holders where the holders of the parcel are more than
one.
✓ Officially be issued by woreda land administration office (but delivered to the rural land
holder through the kebele land administration committee, if feasible).
B. Availability of Land Information
The availability of current, relevant and reliable land information is particularly important in land
governance because land is a highly valued resource and often the source of conflict. Land
information is equally important for sustainable development as a support to public/private
programs including land use planning, infrastructure development and maintenance,
environmental protection and resource management, emergency services, social service
programs, land tax levying, and land markets development. Therefore, land information must be
made available in an easily accessible and timely manner.
The land holding (spatial and non-spatial) information registered in the land register database at
woreda level and aggregated to the regional and federal level, combined with other sources of
land related information is a relevant and reliable source of information to support good land
governance and country sustainable development. It could be also a source of revenue to make
the RLAS economically sustainable in the long term.
39
However, further investigation is needed to define which land information is needed by which
public/private programs, in which format, for which purpose at what price it can be made
available. Also, limitations on the availability of land information should be considered due to
privacy or other restrictive rationales. This investigation has to take place after the RLAS has
been made operational so that the potential value of the generated land information can be
evaluated.
3.2. Performing the Procedures and Forms of Rural Land Rights

Transaction
In this section you will be introduced to the procedures and forms of land related disputes. Please
try to answer all questions and activities provided in this section.
Dear trainee! Do you know the procedures and forms of rural land rights transactions? Let
you try to show the generic procedure of rural land rights transactions please.
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3.2.1. Procedures and Forms of Rural Land Rights Transaction
As previously stated, any investment in land certification must be supported by a functioning

land administration system. Land records quickly become out of date without a system for
maintenance of the land register. Once land certification is completed (and even during the
certification process) it is vital to ensure that the land administration is properly equipped at all
levels to process land transactions efficiently.
The land register electronic records shall be updated (Sporadic Land Registration) whenever
there is a transfer of holding rights, a new limitation on these rights or changes in textual or
spatial information. The hard copies of the land register should be updated correspondingly and
as soon as possible after the land transaction has been approved (replacing the printouts of the
electronic records by the updated ones; with mention of the date of printing on the print-out).
40
Application for the updating of the land registry records shall be submitted to the woreda land
administration office, through the kebele land administration committee (KLAUC) and the
kebele LA expert in regions where there is kebele land administration expert. The following steps
shall be followed during the updating process:
 Submission of the application for land transaction to the KLAUC in collaboration with kebele
LA expert, which the latter is applicable in Amhara region (application form and required
documents).
 Investigation by the KLAUC and/or kebele LA expert of the application for a land transaction
(cross-checking the completeness and correctness of the application and required documents)
and information that there is an application for a land transaction to the woreda land
administration office.
 Notification (public hearing [including public display] and claims) at the KLAUC office if
needed.
 If there are no claims or after they have been solved (by kebele leaders committee or by the
woreda court/supreme court), the application is processed at the woreda land administration
office.
 After payment of fees, the woreda land administration office (under the responsibility and
authority of the land registrar) updates the land register and issues (including electronic
signature and seal/stamp of the land registrar and printing) a new landholding certificate if
needed. The hard copies of the land register (at woreda and kebele levels) are updated
correspondingly.
 A copy of the new landholding certificate is delivered to the land holder through the KLAUC
(and kebele LA expert in the case of Amhara region); another copy is kept in archives at the
woreda land administration office.
3.2.2. Overview of the Rural Land Transaction Process
Even if each land transaction has its own specificities, they all follow a similar process
throughout different functional environments as illustrated below. All transactions have their own
application forms which are to be filled by applicants.
41
Figure 1: Diagramatic Representation of the Generic Land Transaction Process
3.2.3. Procedures for Rural Land Transactions with Transfer of Rights
of persons) from the state is transferred to another person (or group of persons) by means of the
land transaction.
This transfer of rights should be registered in the land register; the land record showing the
original relationship person (land holder) - right (holding) - parcel must be deleted and replaced
by a new one. In the case of transfer of rights without parcel sub-division (e.g., inheritance with
only one heir), one new land record will be created; in the case of transfer of rights with parcel
sub-division (e.g., inheritance with two or more heirs), several new land records will have to be
created.
• The rural land transactions with transfer of rights are through:
• Bequeath/Inheritance (with and without will and with or without parcel sub-division)
42
• Divorce (with or without parcel sub-division)
• Gift (with or without parcel sub-division)
• Exchange
• Expropriation (with or without parcel sub-division)
• Reallocation
• Special Case: Land holding not registered at SLLC (in case of a parcel that has been
demarcated during SLLC but could not be adjudicated and thus not registered because the
land holder was not present during SLLC operations).
A. Procedure for rural land transaction through Bequeath/Inheritance.
In case of death of the land right holder (or of one of the land right holders), the land holding is
transferred to another person (or group of persons). Different cases can occur depending on if the
dead land right holder had prepared a will or not and if there is one or more heirs (in the latter
case, the parcel might have to be sub-divided)
i. Rural land transaction through Bequeath/Inheritance with Will1
Transaction: Transfer of landholding rights through inheritance (succession) to member(s) of

the family (heirs) of the land right holder. In this case, the land right holder has prepared a will
defining who are the heirs and what part of the parcel of land gets each heir (depending on the
number of heir(s) and on the size of the parcel, the parcel may have to be sub-divided).
Conditions for transaction (in accordance with the relevant land administration and Use
proclamation or regulation of the regional state concerned)
A family member means any person who permanently lives with the land right holder and
sharing the livelihood of the land right holder.
The size of the parcel(s) for which the land holding rights have to be transferred should not be
less than the minimum size of a holding.
1 This transaction is not possible in Tigray
43
The application for transfer of land holding rights by inheritance with will has to be displayed at
the Kebele (and Woreda) land administration office. Claims can be made on the land holding;
claims will have to be solved by the elders committee and if still needed, by the woreda court.
If sub-division is needed (and if the size of the parcels after sub-division are not less than the
minimum size of an holding; otherwise the parcel cannot be sub-divided and the heirs will have
to share the parcel), it will have to take place first; after sub-division of the parcel, the transfer of
landholding rights through Bequeath/Inheritance will take place.
Required documents:
• Application form completed and signed by the heir(s)
• Physical presence of the heir(s) or representation with certified power of attorney
• Proof of identity of the heir(s)
• Proof of marriage or of celibacy of the heir(s)
• Proof of death of the land holder
• Elders committee or woreda court statement on claim resolution, if applicable
• Authentic will determining who are the heirs and their respective rights
• Land holding certificate
Output documents: new landholding certificate (including parcel index map), for each of the
new land right holders (each of the heirs).
44
Figure 2: Application form for land transaction through bequeath/inheritance will (Form 1)2
2 Please note that all other transactions as well have their own application forms.
45
ii. Rural land transaction through Bequeath/Inheritance without Will
Transaction: Transfer of landholding rights through inheritance (succession) to member(s) of

the family (heirs) of the land right holder. In this case, the land right holder has not prepared a
will defining who are the heirs and what part of the parcel of land gets each heir (depending on
the number of heir(s) and on the size of the parcel, the parcel may have to be sub-divided).This
means that the heir(s) have to obtain a decision from the woreda court, stating that they are the
right heir(s) and have right for inheritance from the land holder.
Conditions for transaction :( in accordance with the relevant land administration and Use
Family members mean any person who permanently lives with the land right holder and sharing
the livelihood of the land right holder.
The size of the parcel(s) for which the land holding rights must be transferred should not be less
than the minimum size of a holding.
The application for transfer of land holding rights by inheritance without will has to be displayed
at the kebele (and woreda) land administration office. Claims can be made on the succession;
minimum size of a holding; otherwise, the parcel cannot be sub-divided and the heirs will have to
share the parcel), it will have to take place first; after sub-division of the parcel, the transfer of
landholding rights through Bequeath/Inheritance will take place.
Required documents:
• Application form completed and signed by the heir(s)
• Physical presence of the heir(s) or representation with certified power of attorney
• Proof of identity of the heir(s)
• Proof of marriage or of celibacy of the heir(s)
• Proof of death of the land holder
46
• Woreda court decision determining who are the heirs and their respective rights.
new land right holders (the heirs)
B. Procedure for rural land transaction through Marriage
Transaction: Joining land holding rights through marriage.
o Someone (man or woman) having held right on one or more parcels is marrying another
person (who may or may not also have holding rights on one or more parcels); they will then
have joined holding right on each of their parcels.
o This is thus the process of updating of the Land Register for the parcels hold by the spouses.
Per parcel, the Land Register will have to be updated for the person’s details of the other
spouse (and his/her children if any); also, the date of the update should be registered.
o Remark 2: marriage is not the only case of joining land holding rights; the other case is the
one of inheritance (bequeath) when the holding right has to be transferred to the heirs in the
form of a joined holding right (indivis holding right), when the parcel(s) are too small to be
sub-divided.
Conditions for transaction :(in accordance with the relevant land administration and Use
Referring to the Revised Family Code Proclamation 213/2000, it must be noted that:
o Art. 57: The property which the spouses possess on the day of their marriage or which
they acquire after their marriage by succession or donation, shall remain their personal
property. but also, that:
o Art. 63: All property shall be deemed to be common property even if registered in the
name of one of the spouses unless such spouse proves that he is the sole owner thereof.
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The application for transfer of land holding rights by marriage must be displayed at the kebele
(and woreda) land administration office. Claims can be made on the transaction; claims will have
to be solved by the elders committee and if still needed, by the woreda court.
Required documents:
• Application form completed and signed by the spouses.
• Physical presence or representation with certified power of attorney
• Proof of identity of the spouses
• Proof of marriage (certificate of marriage)
• Land holding certificate of the parcel
Output documents: new landholding certificate for each parcel (including parcel index map).
C. Procedure for rural land transaction through Divorce
Transaction: Transfer of rural land holding rights through divorce; depending on if both spouses
were holding land right on the parcel or only one (and on the size of the parcel), the parcel might
have to be sub-divided.
Depending if both divorced spouses are holding the land right on the parcel or only one, the
parcel might have to be sub-divided. In case the divorced spouses were registered as jointly
holding the land but that this right was acquired by only one of the two divorced spouses (e.g.,
inheritance, gift), sole land holding right will be returned to that person and in that case only a
change of name will be required in the land register.
The application for transfer of land holding rights by inheritance without will has to be displayed
at the kebele (and woreda) land administration office. Claims can be made on the succession;
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minimum size of an holding; otherwise the parcel cannot be sub-divided and the divorced
spouses will have to share the parcel), it will have to take place first; after sub-division of the
parcel, the transfer of landholding rights through divorce will take place
Required documents:
• Application form completed and signed by the divorced spouses.
• Proof of identity of the divorced spouses
• Proof of divorce
new land right holder(s) (both the divorced spouses or only one of them).
D. Procedure for rural land transaction through Gift
Transaction: Transfer of rural land holding rights through gift of (part of) the parcel to one or
more family members; in the case of gift to more than one family members (and depending on
the size of the parcel), the parcel might have to be sub-divided.
Conditions for transaction:(in accordance with the relevant land administration and Use
Family members mean any person who permanently lives with the land right holder and sharing
the livelihood of the land right holder.
The size of the parcel(s) for which the land holding rights have to be transferred and the size of
the remaining part of the original parcel should not be less than the minimum size of an holding.
The application for transfer of land holding rights by gift must be displayed at the kebele (and
woreda) land administration office. Claims can be made on the land holding; claims will have to
be solved by the elders committee and if still needed, by the woreda court.
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minimum size of an holding), it will have to take place first; after sub-division of the parcel, the
transfer of landholding rights through gift will take place
Required documents:
• Application form completed and signed by the gift giver and recipient(s)
• Proof of identity of the gift giver and recipient(s)
• Proof of marriage certificate or of celibacy of the gift giver and recipient(s)
new land right holders (gift giver and recipient(s) or only the latter)
E. Procedure for rural land transaction through Exchange
Transaction: Transfer of rural land holding rights through exchange, between two land holders
of parcels located in the same woreda. Rationales for exchange can be reducing the distance from
home to the land or regrouping small parcels (land consolidation) to make them more convenient
to improve the use of the land.
• The two parcels to be exchanged should be located in the same woreda
• The rationales for exchange should contribute to improving the use of the land.
• The application for transfer of land holding rights by exchange has to be displayed at the
kebele (and woreda) land administration office.
Required documents:
• Application form completed and signed by both land holders willing to exchange their
parcels.
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• Proof of identity of both land holders willing to exchange their parcels
• Proof of marriage or of celibacy of both land holders willing to exchange their parcels
• Land holding certificates
new land right holders (both land holders exchanging their parcels)
F. Procedure for rural land transaction through Expropriation
Transaction: Transfer of rural land holding rights through expropriation by the woreda
administration. The woreda administration, in accordance with Proclamation 455/2005, has the
power to expropriate rural landholdings for public interest (e.g., irrigation, utility lines or other
infrastructure project), where it believes that it should be used for a better development project or
where such expropriation has been decided by the appropriate higher regional or federal
government organ for the same objective. This expropriation should go along with advanced
payment of proper compensation and/or re-allocation of new land of equal value somewhere else
in the same woreda. Expropriation of part of a land holding will require parcel sub-division.
Conditions for transaction :( in accordance with the relevant land administration and Use
proclamation or regulation of the regional state concerned and with the “Expropriation of land
holdings for public purposes and payment of compensation” federal Proclamation 455/2005)
• Decision by woreda administration (or by regional or federal government and implemented

by the woreda administration) for expropriation of the rural land holding for public interest.
• Advanced payment of proper compensation
• If sub-division is needed (and if the size of the parcels after sub-division are not less than the
minimum size of an holding), it will have to take place first; after sub-division of the parcel,
the transfer of land holding rights through expropriation will take place
• The application for transfer of land holding rights by expropriation has to be displayed at the
kebele (and woreda) land administration office.
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Required documents:
• Application form completed and signed by the representative of the woreda administration.
• Decision by woreda administration (or by regional or federal government and implemented

by the woreda administration) for expropriation of the rural land holding for public interest.
• Prove of payment of compensation.
Output documents: new land holding certificate (including parcel index map), for the woreda
administration and for the land holder in case of partial expropriation (part of the parcel being not
expropriated)
G. Procedure for rural land transaction through Reallocation
Transaction: Transfer of rural land holding rights through reallocation by the authority
concerned (kebele administration, after verification by woreda administration). In accordance
with the federal and regional rural land administration and use proclamations, the authority
concerned has the power to confiscate land in case a land holder dies without heirs or disappears
or is gone to a settlement or is not using and protecting his/her land for a number of years (and
after warning). Alternatively, and following consultation with the community, the authority
concerned can also decide to reallocate (degraded) communal land. The land is then (re-)
allocated to a landless farmer/pastoralist.
Conditions for transaction :(in accordance with the relevant land administration and use
• If a parcel of land is not utilized because of death of the land holder without heirs or if the
land holder has disappeared or is gone to a settlement, or if a land holder is not using and
protecting his/her land for a number of years (and after warning), the authority concerned can
decide to confiscate and reallocate86the rural land holding. Also, and after consultation with
the community, the authority concerned can decide to reallocate (degraded) communal land.
• The reallocation study is executed by the KLAUC and submitted to the kebele administration
for decision on reallocation (after verification with the woreda administration). The decision
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of reallocation of a land holding has to be displayed at the kebele (and woreda) land
administration office.
• If sub-division is needed (e.g., reallocation of part of the communal land, and if the size of
the parcels after sub-division are not less than the minimum size of an holding), it will have
to take place first; after sub-division of the parcel, the transfer of land holding rights through
reallocation will take place
Required documents:
• Application form completed and signed by the representative of the kebele administration.
• Decision to reallocate the rural land holding by the kebele administration.
• Proof of identity, marriage or of celibacy of the new land holder (to whom the land is
reallocated)
Output documents: new landholding certificate (including parcel index map), for the new land
holder (who has been reallocated the land).
H. Special case’s procedure for rural land transaction
Remark: In principle, the Land Register should be populated by the complete coverage of land
parcels that have been demarcated, adjudicated and registered at the SLLC phase. However, there
can be (special) cases where a parcel has not been registered at SLLC level. Therefore, this rural
land transaction procedure has been developed to enable (sporadic) land registration for special
cases. This special cases’ procedure will disappear in the future when all parcels will have been
registered.
Transaction: During the SLLC process, a parcel could not be registered because the right holder
was not present during the adjudication process. The parcel has been demarcated (and an UPI
allocated to it) but not adjudicated and thus not registered.
Conditions for transaction: (in accordance with the relevant Land Administration and Use
Proclamation or Regulation of the Regional State concerned).
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Two cases can occur:
• After some time, the right holder realizes his/her mistake and claims the land holding right on
the parcel and wants to receive the corresponding Land Holding Certificate; in that case the
parcel has still to be adjudicated and then registered. This process is similar to the one applied
for the SLLC (but without demarcation as it has already been done)
• If nobody claims the parcel, the tenure right on the parcel comes back to the State and the
parcel can be reallocated.
The special cases’ procedure for rural land transaction will be only concerned with case 1 above.
For case 2 above, the procedure for rural land transaction through Reallocation will be applied.
The application for transfer of land holding rights by Special cases ‘procedure has to be
displayed at the kebele (and woreda) land administration office.
Required documents:
• Application form completed and signed by the (claiming) land holder
• Physical presence or representation with certified Power of Attorney
• Elders Committee or Woreda Court statement on claim resolution, if applicable
• Proof of identity, marriage or of celibacy of the (claiming) land holder.
• Proof of land holding right on the parcel from 1st level land registration (i.e., Green Book)
Output documents: Land Holding Certificate (including Parcel Index Map), for the claiming
land holder.
3.2.4. Procedures for Rural Land Transactions with Limitation/Restriction of

Rights
of persons) from the state is not transferred to another person (or group of persons) but the right
is limited/restricted by means of an encumbrance.
An encumbrance should be registered in the land register as an annotation in the electronic land
record showing the relationship person (land holder) - right (holding) - parcel. Although it is not
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a transfer of holding right, the encumbrance needs to be publicly advertised to avoid illegal
actions and to ensure that everyone is aware of the encumbrance on the parcel; there is however
no need to issue a new land holding certificate in this case. When the encumbrance is terminated
(e.g., no need any more for a right of way) the annotation should be removed from the land
record.
The rural land transactions without transfer but with limitation/restriction of rights are through:
• Rental (sub-lease)
• Servitude/easement
• Other restrictive interests
A. Procedure for rural land transaction through Rent/Lease
Remark: In the Federal Manual for Maintenance of Rural Land Records, rent (from farmer to
farmer) and lease (from farmer to investor or from State to investor) are treated under the same
land transaction (rent) with limitation/restriction of rights but rent and lease can be differently
treated in the respective Regional Manuals for Maintenance of Rural Land Records.
Transaction: A land right holder can rent/lease, to other farmers or investors, land from his/her
holding of a size sufficient for the intended use, in a manner that shall not displace him/her and
for a period of time to be determined by the rural land administration legislation of the particular
region.
A land rental/lease agreement has to be concluded at the kebele/woreda level and registered as an
encumbrance on the parcel in the land register. Land rental agreements (see examples in
appendices 1 [Cash rental agreement] and 2 [Crop sharing rental agreement]) are available at the
kebele and woreda land administration offices.
Size of the (part of) parcel to rent/lease and duration of the rent/lease should be in accordance
with the federal and regional rural land administration and use proclamations.
Renting/leasing can only be done to other farmers or investors.
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In case of rent/lease of part of a parcel there is no need for physical sub-division of the parcel;
only a corresponding annotation is entered in the land register.
Although rent/lease is not a transfer of holding rights but only a restriction on this right, the
transaction needs to be displayed for claims to avoid illegal actions and to ensure that everyone is
aware of the encumbrance on the parcel (e.g., in case of inheritance during the rental period).
When the rental/lease is terminated the encumbrance annotation should be removed from the
land register
Required documents:
• Application form completed and signed by the Lessor and by the Lessee.
• Land rental agreement completed and signed by the Lessor and by the Lessee.
• Proof of identity of the Lessor and of the Lessee
• Proof of marriage or of celibacy of Lessor and Lessee
Output documents: Annotation in the land register (only non-spatial components as there is no
change on the parcel) of the restriction of land holding rights by rental/lease (including data of
Lessee, starting and end date of the rental/lease).
B. Procedure for rural land transaction due to Servitudes/Easements
Transaction: A servitude/easement is a restriction on the right of a land holder on a parcel of

land (called servient parcel). It is generally the right for third parties to enter/pass through the
land hold by another. The most common are rights of way (for holders of adjacent land-locked
parcels) and rights concerning flowing waters/irrigation.
proclamation or regulation of the regional state concerned).
A servitude/easement has to be requested at KLAUC level and registered as an encumbrance

annotation in the land register.
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Although servitude/easement is not a transfer of holding rights but only a restriction on this right,
the transaction needs to be displayed for claims or to ensure that everyone is aware of the
encumbrance on the parcel.
A demarcation of the servitude/easement may be needed.
When the servitude/easement is terminated the encumbrance annotation should be removed from
the land register.
Required documents:
• Application form completed and signed by the third party (natural or legal persons, public or
private) requesting the servitude/easement and of the landholder of the servient parcel.
• Proof of identity of the requesting third party and of the land holder of the servient parcel
• Proof of marriage or of celibacy for both parties
change on the parcel) of the restriction of land holding rights by servitude/easement (including
type of servitude/easement, data of third party, starting and end date of the servitude/easement).
C. Procedure for rural land transaction due to other Restrictive Interests
Transaction: Restrictive interests are any agreement (authorized by law) made by the land right
holder concerning his/her land parcel or any court decision that restricts the transfer of the land
parcel (e.g., unpaid land tax, pending judgement).
Conditions for transaction :( in accordance with the relevant land administration and use
proclamation or regulation of the regional state).
Restrictive interests have to be requested at the KLAUC level and registered as an encumbrance
annotation in the land register.
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Although restrictive interests are not a transfer of holding rights but only a restriction on this
right, the transaction still needs to be displayed for claims or to ensure that everyone is aware of
the encumbrance on the parcel.
When the restrictive interests are terminated the encumbrance annotation should be removed
from the land register.
Required documents:
• Application form completed and signed by the third party (natural or legal persons, public or
private) requesting the Restrictive Interests and of the land holder of the parcel.
• Physical presence or representation with certified power of attorney.
• Proof of identity of the requesting third party and of the land holder of the parcel.
• Proof of marriage or of celibacy for both parties (unless it is a court decision or a request
from a legal person).
• Restrictive interest’s agreement between the parties or court decision
• Land holding certificate.
change on the parcel) of the restriction of land holding rights by restrictive interests (including
type of restrictive interest, data of third party, starting and end date of the restrictive interest).
3.2.5. Procedures for Recording Corrections or Changes in Parcel Spatial

Configuration
In this group of land transactions, only the spatial configuration and size of the parcel is
modified, or the particulars of the land right holder are changed. However, consolidation (merge)
of parcels will almost always been combined with a transfer of rights transaction (anterior to the
consolidation process) whilst boundaries correction may include transfer of rights as a
consequence of the transaction.
A change of spatial configuration or size of the parcel of land and/or of the particulars of the land
right holder should be register in the land register. In case of:
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• Change in parcel configuration or size: the land record showing the original relationship
person-right-parcel has to be deleted and replaced by one or more a new one(s) but for in case
it is only a minor correction (e.g., size).
• Change in particulars of the land right holder: the land record showing the original
relationship person-right-parcel has to be corrected (e.g., wrongly spelled name).
The rural land transactions concerned with changes in spatial configuration of the parcel or with
corrections are:
• Consolidation (merge) of parcels
• Boundaries correction
• Corrections (textual; spatial)
• Replacement of certificate
A. Procedure for rural land transaction through Consolidation/Merge of parcels
Transaction: Consolidation/merge of parcels may be done if it will make the land holding more
convenient for use and development; of course, the parcels to merge should be hold by the same
land right holder, need to be adjacent to each other and need to have the same land use. This is
mostly the case after exchange of parcels but can also happen after transfer of rights by
inheritance, gift or divorce, where the received parcel is adjacent to a parcel already hold by the
recipient.
Parcel consolidation/merge does not require field demarcation but modification of the spatial
component in the land register and provision of a new UPIN for the newly created parcel (the
UPIN of one of the parcels that have been merged)
As parcel consolidation/merge is not a transfer of holding rights, the transaction does not need to
be displayed for claims.
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Required documents:
• Application form completed and signed by the land holder of the parcels to be merged or
his/her representative.
• Proof of identity of the land holder of the parcels to be merged or of his/her representative.
• Proof of marriage or of celibacy of the landholder of the parcels to be merged.
Output documents: new landholding certificate (including parcel index map), for the new parcel
generated through consolidation/merge.
B. Procedure for recording Boundaries Correction
Transaction: Boundaries correction may happen if the parcel has been wrongly demarcated
during SLLC or if the boundaries have been changed due to natural phenomena (e.g., derived
river); rectification of boundaries will have an influence on the area of the parcel and probably on
the boundaries of neighboring parcels and in that case a transfer of rights on part of (a) parcel(s)
might be needed.
Boundaries correction should use the same process/technology as for the SLLC.
Boundaries correction requires a new (sporadic) adjudication and corresponding demarcation of

boundaries of the parcel and modification of the spatial component in the land register but no
new UPIN for the parcel.
Application for boundaries correction will need to be displayed for claimant the Kebele
administration office as it will most probably have impact on the boundaries of a number of
adjacent parcels.
Required documents:
• Application form completed and signed by the land holder of the parcel for which the
boundaries need to be corrected.
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• Proof of identity of the land holder of the parcel for which the boundaries need to be
corrected or of his/her representative.
• Proof of marriage or of celibacy of the landholder of the parcel for which the boundaries need
to be corrected.
• Remark: for adjudication in the field, the land holders of the adjacent parcels will have to be
present (or officially represented) and will need to bring their land holding certificates with
them.
Output documents:
• New landholding certificate (including a new/corrected parcel index map), for the parcel for
which the boundaries have been corrected. The new land holding right certificate is for/in the
name of the same land holder as there is no transfer of right by Boundaries correction.
• Probably, also new land holding right certificates (including a new/corrected parcel index
map), for the adjacent parcels.
C. Procedure involving simple Correction.
Transaction: This is only a simple correction of the land record if e.g., the area of the parcel or if
some particulars of a person (e.g., name) have been incorrectly recorded.
A Correction of the parcel or person information in the land register should be requested at the
KLAUC level.
As Correction of data in the land register is not a transfer of holding rights, the transaction does
not need to be displayed for claims.
Required documents:
• Application form completed and signed by the land holder.
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• Proof of identity of the land holder
• Proof of marriage or of celibacy of the landholder
Output documents: new certificate of landholding rights
D. Procedure for replacement of certificate
Transaction: This is only issuing a new copy of the landholding certificate in case a land holder
has lost or seriously damaged his/her landholding certificate.
Conditions for transaction: (in accordance with the relevant land administration and use
A replacement of landholding certificate should be requested at the KLAUC level.
Although replacement of landholding certificate in not a transfer of holding rights, the transaction
needs to be displayed for claims and to avoid illegal practices.
Required documents:
• Application form completed and signed by the land holder.
• Proof of identity of the land holder
• Proof of marriage or of celibacy of the landholder
Output documents: Copy of the certificate of land holding rights
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Answer the following questions.
1. What is land transaction?
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2. Explain the three groups of rural land rights transactions?
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3. What land rights transactions are included in these groups of rural land rights
transactions?
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4. Briefly explain the generic procedures of rural land rights transactions.
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5. Explain the condition and required documents in rural land rights transactions.
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UNIT THREE: RURAL LAND DISPUTE AND DISPUTE RESOLUTION

MECHANISMS
Unit Overview
Dear trainee! Welcome to the third unit of this training. In this unit we will try to introduce the
course. We will be looking at the sources and types of land related dispute; and apply the land
dispute resolution mechanisms. Thus, in this unit wide explanations are given for the sources and
types of land related dispute, and the different land dispute resolution mechanisms.
Unit Objective
• Recognizing sources and types of land related dispute.
• Understand and apply the land dispute resolution mechanisms.
Land is a major source of disputes in rural societies in whole over the world and the reasons for
this may vary across the world. While land remains largely fixed asset, the demand upon land
generally increases with resulting tensions. This possibly creates competition for land and this in
turn generates land disputes. All land disputes, no matter how peaceful or violent they may be,
produces negative consequences for individuals as well as for society. For the land management
to be sustainable, land disputes settlement must be effective and efficient, and this has a bearing
on economic growth and enhances national unity. To this end, well-functioning institutions and
land dispute resolution mechanisms can play vital role on improving the development of the
sector.
Land disputes can be defined as a social fact in which at least two parties are involved, the roots
of which are difference in interest over the property right to land; the right to use the land, to
manage the land, to generate an income from the land, to exclude others from the land, to transfer
it and the right to compensation for it. Thus, from this definition what we can discern is that land
dispute is disagreement between two parties and which can arise due to the existing variance
between the two parties to use land and other related rights on land Given the economic, political
and cultural significance of land, access and rights to land are the key factors that underlay land
related tensions and conflicts. There are various conditions that create vulnerability to conflicts,
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such as acute land scarcity, insecurity of tenure and longstanding land grievances between
groups. In essence, scholars mention many causes that perpetuate for land disputes. The first
cause that exacerbates land dispute is related with politics. Change in political and economic
systems, like nationalization or privatization of land; introduction of (foreign, external)
institutions that are not popularly accepted; and political corruption, state capture and land
grabbing among others cited as political causes for land disputes. Another cause of land dispute
is related with economic aspect. Here, evolution of land markets, increasing land prices, and
limited capital markets are those that triggers for land conflicts. Socio-economic factors can be
also taken as another cause for land disputes. Poverty and poverty-related marginalization;
extremely unequal distribution resources (including land); and lack of microfinance options for
the poor are some of the socio-economic factors that brings for land disputes. Another
mentionable cause of land dispute is demographic problem. Rapid population growth and new
and returning refugees can be a demographic related cause for land disputes. Legal causes could
also be taken as another cause for land disputes. Legislative loopholes, legal pluralism, traditional
land laws without written records or clearly defined plot and village boundaries can fall under
this category. In addition to legal causes, administrative reasons such as, administrative
corruption, limited/ non-existent public participation especially in land use planning and
demarcation of concession land, and insufficient staff and technical/financial equipment at public
agencies can be mentioned as administrative causes for land disputes.
In the present-day Ethiopia, shortage of agricultural land in the face of high population pressure
and very limited alternative means of livelihood can form one root cause for the present rural
land disputes. This can be manifested in the form of boundary conflicts, encroachment and land
grab of community owned land, and land transaction related conflicts (inheritance, donation and
land rental contracts) and corruption by land administration officers can be mentioned. It is not
strange now to see Courts in many parts of the country being congested with land related cases.
Hence, effective land administration institutions and land dispute settlement mechanism is vital
in order to govern this demanding resource in the country.
Land and building related disputes constitute a significant proportion of case compilation in
courts. This is especially so due to lack of efficient property registration systems (cadaster and
land register). The dispute may, for instance be related to boundary conflict, mortgage cases,
parcel trespassing, flooding, shading, grazing land encroachment, forest land encroachment,
roadside encroachment, and so on.
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3.1. Identifying Sources and Types of Rural Land Related Dispute

In this section you will be introduced to the sources and types of land related disputes. Please
Dear trainee! Do you know the sources and types of land related disputes? Let you list
them please.
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Disputes over land fall into four general categories. Within these categories, conflicts may be
separated into 35 different types and over 50 sub-types. This system of classification builds upon
the kind of land involved (state, private or common property), the specific object of the conflict
as well as the legitimacy of actions and the level of violence used by the parties.
A) Conflicts occurring on all types of property
Boundary conflicts
Inheritance conflicts
Ownership conflicts due to legal pluralism
Ownership conflicts due to lack of land registration
Ownership conflicts between state and private/common/collective owners
Multiple sales/allocations of land
Limited access to land due to discrimination by law, custom or practice
Peaceful, informal land acquisitions without evictions
Violent land acquisitions, incl. clashes and wars over land
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Evictions by landowners
Illegal evictions by state officials acting without mandate
Market evictions and distortion of local land market/values
Disputes over the payment for using/buying land
Disputes over the value of land
Conflicts between human/cultural and natural use (flora and fauna)
Destruction of property
B) Special conflicts over private property
❖ Expropriation by the state without compensation
❖ Sales of someone else’s private property
❖ Leasing/renting of someone else’s private property
❖ Illegitimate expropriations by banks
❖ Conflicts due to land/agrarian reforms
❖ Conflicting claims in post-conflict situations
❖ Illegal/improper uses of private land
❖ Intra-family conflicts, especially in case of polygamy
C) Special conflicts over common and collective property
➢ Competing uses/rights on common and collective land
➢ Illegal/improper uses of common property
➢ Unauthorized sales of common or collectively owned property
➢ Disputes over the distribution of revenue from customary land
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D) Special conflicts over state property
o illegal/improper uses of state land
o Competing uses/rights on state property
o Land grabbing by high-ranking public officials
o Illegal sales of state land
o Illegal leases of state land (including concession land, forests, and mines)
o Disputes over revenues from state land generated through lease, sale, or transformation of
its use.
o Improper land privatization (e.g., unfair land distribution or titling)
3.2. Applying Rural Land Dispute Resolution Mechanisms

In this section you will be introduced to the different dispute resolution mechanisms. Please
Dear trainee! Do you know the different dispute resolution mechanisms? Let you list and
define them please.
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The term "conflict resolution" is sometimes used interchangeably with the terms dispute
resolution or alternative dispute resolution. The processes of arbitration, litigation, and formal
complaint processes through an ombudsman, are part of dispute resolution, and therefore they are
also part of "conflict resolution."
Approaches or Modalities to resolve disputes in relation to rural land may vary across the
countries depending on the land tenure history, culture, and stage of development of a given
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country. Different countries employ different modalities to resolve disputes on rural land. In
essence, the modalities employed to resolve rural land disputes can be broadly classified as
formal, informal, or mixed approaches. There are no particular tailored techniques, both formal
and informal, to resolve disputes. The details of the three approaches are dealt herewith.
i. Formal Approaches to Rural Land Dispute Resolution Mechanism
Formal land dispute resolution mechanism which is also termed as ‘Non-Consensual Land
Dispute Resolution Mechanism’ is a state-based dispute resolution modality which is
characterized by the involvement of third party from the side of the state in the decision-making
process. One of the prominent formal dispute resolution approaches is court litigation. It is the
state along with its machinery backed up with all its substantive and procedural laws, recruited
judges and employees which will play a leading role in the resolution of the dispute. In this
approach, overall procedures of the litigation up to the decision-making process may follow the
formal procedural rules laid down by the procedural laws.
There will also be a winner and loser and this fact unlikely re-establishes any pre-existing
relationship between the parties. In relation to this, formal dispute resolution system therefore
always be taken as a method of last resort for dispute resolution. It is also hindered in many
countries because it creates case overload before the courts.
ii. Informal Approach to Rural Land Dispute Resolution Mechanism
The main point of distinction between the informal and formal dispute resolution mechanisms
mainly rests on the principal actors of the dispute one hand and on the hosting institutions of the
dispute on the other. Informal land dispute resolution institutions can be grouped under such
generic terms as indigenous, customary or local. These are institutions those have their own rules
that shape human behavior but are outside of government and are not part of a written legal
framework. Sometimes informal land dispute resolution system is termed as ‘Consensual Land
Dispute Resolution Mechanism’. Informal approaches to rural land dispute resolution are
alternative to dispute resolution mechanisms of formal adjudication or litigation. The ADR
(Alternative Dispute Resolution) and CDR (Customary Dispute Resolution) system can be
categorized under the informal land dispute resolution mechanisms.
69
Informal land dispute resolution approaches are those conflict resolution strategies which aims to
find compromise acceptable to all parties involved, and which can best re-establish peace, respect
and friendship between the parties. Negotiation, Mediation, Conciliation and Arbitration can be
categorized under the informal land dispute resolution mechanism approaches.
In general, the following are the most known methods of rural land dispute resolution.
1. Negotiation: It is a process where the parties to the dispute meet to reach a mutually
acceptable solution. There is no facilitation or mediation by a third party: each party
represents its own interest. It is a consultation that refers to the efforts of the parties
themselves to resolve an area of contention before resorting to calling in a third party. In the
case of negotiation, the parties to the dispute themselves try to resolve their difference
through discussion without the need to the moderator third party.
2. Facilitation: It is a process in which an impartial individual participates in the design and

conduct of problem-solving meetings to help the parties jointly diagnose, create, and
implement jointly owned solutions. This process is often used in situations involving multiple
parties, issues, and stakeholders, and where issues are unclear. Facilitators create the
conditions where everybody can speak freely but they are not expected to volunteer their own
ideas or participate actively in moving the parties towards agreement. Facilitation may be the
first step in identifying a dispute resolution process.
3. Mediation: It is a process of settling dispute in which an outside party oversees the

negotiation between the two disputing parties. The parties choose an acceptable mediator to
guide them in designing a process and reaching an agreement on mutually acceptable
solutions. The mediator tries to create a safe environment for parties to share information,
address underlying problems and vent emotions. It is more formal than facilitation and parties
often share the costs of mediation. It is useful when the parties have reached an impasse.
Mediation is a consensual dispute resolution process by which a party brings in a neutral
party to help them to find solution to a dispute. The role of the mediator is not judgmental,
nor do they take a position on behalf of one party or another. With regard to land disputes,
mediation can be conducted by a professional mediator or by a land expert who has received
special training in mediation. They are responsible for the entire process of negotiation, first
talking separately to each party, and then moderating the negotiation at large.
70
4. Conciliation: It is other face of informal land dispute resolution modality and which refers to
the process by which one or more independent person(s) is selected by the parties to bring
about a settlement by employing various techniques. The conciliator basically discusses the
matters to the issue separately with each of the conflicting parties, with the aim of producing
basis for direct talks. The role of a conciliator is a bit larger than the mediator to the extent
he/she can suggest a solution on top of its facilitative role that he/she will portray.
5. Arbitration: It is usually used as a less formal alternative to litigation. It is a process in which

a neutral outside party or a panel meets with the parties in a dispute, hears presentations from
each side and makes an award. It is a quasi-judicial process in which people in a dispute
present their views to one or more knowledgeable neutral people who decide how the dispute
will be resolved. Arbitrators review evidence, hear arguments, and make a decision, often in
the form of a monetary “arbitration award” paid by one person to the other. Arbitration is
generally a binding process, which means that the participants agree up front to abide by the
arbitrators’ decision. In “high/low” binding arbitration, the participants may negotiate in
advance an upper and lower limit for the arbitrators’ award.
iii. Mixed Approaches to Rural Land Dispute Resolution Mechanism
This is the third facet of rural land dispute settlement scheme and as to this approach, both formal
and informal dimensions of rural land dispute resolution machineries serve for the purpose of
land dispute resolution. This hybrid nature helps many gains to access to justice since it makes up
for an underdeveloped formal system while offering a system that is both faster and more flexible
than a purely state system. Many countries including Ethiopia have developed systems for
resolving land disputes that combine informal and their formal institutions. In this approach,
courts or other administrative organs intervenes only when the informal dispute resolution
machineries fail to achieve the desired result. This mixed approach to land dispute settlement is
also established within the rural land legislations of regional states of Ethiopia and the
legislations oblige mandatory conciliation for the parties before land cases go to the court of law.
Approaches to Rural Land Dispute Resolution Mechanisms in The Rural Land Legislations
of Ethiopia
The federal rural land administration and use proclamation number 456/2005 under its article 12
states that “where dispute arises over rural landholding right, effort shall be made to resolve the
71
dispute through discussion and agreement of the concerned parties. Where the dispute could not
be resolved through agreement, it shall be decided by an arbitral body to be elected by the parties
or be decided in accordance with the rural land administration laws of the region. The word
“arbitral body” is not clear. But as per the Amharic version, it seems that the law wants to refer
mediation instead of arbitration.
In the four regions (Amhara, Tigray, Oromia and SNNPR), some form of mediation in land
disputes is recognized by the legal framework and practice, though with significant differences
among the regions. In two of the study regions, Amhara and Tigray, mediation is not a
mandatory step which an aggrieved party (i.e., someone with a land right related complaint) must
take before filing a court case. However, in Oromia and SNNPR, an aggrieved party is required
to attempt mediation before taking a land case to court. In SNNPR, the law is not clear as to
whether mediation before taking a case to the court is mandatory or optional. But practically it is
mandatory. A person cannot take his case directly to court without first trying mediation. In
addition, in Oromia the distinction between mediation and arbitration is blurred both in the law
and in practice, with the “mediators” sometimes acting as arbitrators who impose decisions
(albeit decisions which can be appealed).
In Oromia and SNNPR mediation is mandatory before taking a land case to court, and the
mediators must present their report to the court. KLAUCs recommend the group of elders from
whom the parties choose two mediators each. Recommendations of the mediators will be sent to
the court with the stamp of the Kebele administration. In Oromia, the land proclamation (Article
16) and land regulations (Article 18), the processes of dispute settlement are detailed, but the
concepts of arbitration and mediation are mixed:
- First application shall be submitted to the local Kebele Administration. The parties shall elect
two arbitrary elders each. Chairpersons of arbitration elders are elected by the parties or by
the arbitral elders. If arbiters or the chairperson are not selected in a timely manner by the
parties, then they will be assigned by the local Kebele Administrator. The Kebele
Administration to whom the application is lodged shall cause the arbitrary elders to produce
the result of the arbitration within 15 days. The result of the arbitration shall be registered at
the Kebele Administration, and a copy with an official seal shall be given to both parties.
- A party who has a complaint about the result of arbitrating elders has the right to file a case at
the woreda court, attaching the result of the arbitration, within 30 days of when the arbitration
72
result was registered by the Kebele Administration. The woreda court should not accept the
lawsuit if the result given by the arbitration is not attached to the filing.
- The party dissatisfied by the decision given by the woreda court shall have the right to appeal
to the high court.
- If the high court altered the decision rendered by the woreda court, the dissatisfied party may
appeal to the Supreme Court.
- The decision given by the Supreme Court shall be the final.
- Notwithstanding the above provision, the parties shall have the right to resolve their cases in
any form they agree upon.
As per article 12 of the SNNPR rural land administration and use proclamation No. 110/2007
parties are expected to submit their dispute to the Kebele land administration and use committee
and the committee will let the parties to resolve their dispute by negotiation and arbitration to be
chosen by the parties to the dispute. Initially the proclamation obliges the parties to submit their
case to kebele land administration committee rather than kebele administrations as to that of
Oromia. As to the proclamation, the role of Kebele land administration committee is not to
entertain the dispute and dispose it of thereby rather it should try to persuade the parties to
resolve their dispute amicably through negotiation. If the dispute is not resolved by negotiation,
the matter would be referred to the mediation channel composed of the elderly people. Like to
the rural land proclamation of Oromia, the English version of proclamation No. 110/2007 has
adopted arbitration channel as the initial body to resolve land dispute, but the corresponding
Amharic version has seemingly employed and replaced the wording of the English version with
mediation and conciliation. The wording of the Amharic version seems sound compared to the
arbitration channel of the English version because the elders’ council elected by the disputant
parties in no way play the role of arbitration.
73
1. Define Dispute resolution.

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2. Briefly explain the formal and informal approaches to rural land dispute resolution
mechanism and state the different most known methods of rural land dispute resolution
mechanism in each approach.
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3. Describe the rural land dispute resolution approaches which are enshrined in your respective
regional rural land administration and use laws.
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4. What are the possible land disputes in your locality?
---------------------------------------------------------------------------------------------------------------------
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74
Role Play
Name: _____________________________ Date: ________________
Time Started: ________________________ Time Finished: ________________
Instructions:
I. You are required to perform the following:
Form groups. Elect one person as a mediator. Assume that two students in your group have
holding dispute. Each of the students will present their arguments for the mediator and the
mediator is responsible to mediate the holding claim. After finishing the mediation, you can
change another mediator and disputant students. Your teacher will evaluate your dispute
resolution skills.
You can request your teacher arrange the necessary resources for you to do so
1. The federal and regional rural land administration and use proclamations
II. Request your teacher for evaluation and feedback.
75
BIBLIOGRAPHY
Abebe, A. and Flintan, F. 2021. Women’s land rights: customary rules and formal laws in the
pastoral areas of Ethiopia – complementary or in conflict? Rangelands Research Report 4.
Nairobi, Kenya: ILRI.
Abebe, A. and Ian, R. 20019. Strategy to Address Legal Constraints of Women and Vulnerable
Groups to Secure Their Land Rights, Land Investment for Transformation (LIFT)
Programme
Amhara Zikre Hig. 2006. The revised Amhara National Regional State rural land administration
and use proclamation, 252/2017, Bahir Dar
Belay, A. A. (2020). Protecting the Land Rights of Women through an Inclusive Land
Registration System: The Case of Ethiopia. African Journal on Land Policy and
Geospatial Sciences, 3(1), 29-40.
Benshangul Gumuz regional state. 2008. Rural land administration and use proclamation number
85/2008, Assossa
Daniel W/Gebriel & Melkamu Belachew, 2009, Land Law Teaching Material, Prepared under
the Sponsorship of the Justice and Legal System Research Institute.
Debub Negarit Gazeta. 2007. The Southern Nations, Nationalities and Peoples Regional State,
Rural Land Administration and Use Regulation No 66/2007, 3 Year No 66/2000 Awassa
Dec. 24/2007
Debub Negarit Gazeta. 2007. The southern Nations, Nationalities, and people’s regional state
rural land administration and utilization proclamation, number 110/2007
Deressa, Negesa and Bernd Eversman, (2016), The Role of Land Certification in Securing
Women’s Land Rights in Beneshangul Gumuz Region, Ethiopia: Does Legal Pluralism
Serve Their Benefits, Annual World Bank Conference on Land and Poverty 2016, Scaling
up Responsible Land Governance, Paper prepared for presentation at the “Annual World
Bank Conference on Land And poverty”, the World Bank – Washington, DC, March 14 -
18, 2016, unpublished.
76
Federal Negarit gazeta. 1995. Federal Democratic Republic of Ethiopia (FDRE), Constitution of
the Federal Democratic Republic of Ethiopia. Addis Ababa
Federal Negarit gazeta. 2005. Federal Democratic Republic of Ethiopia (FDRE), a proclamation
to provide for the Federal Democratic Republic of Ethiopia Rural Land Administration
and Use Proclamation, Proclamation No. 456/2005, Addis Ababa
Megelete Oromia. 2007. Oromia rural land administration and use proclamation number130/2007
Negarit Gazeta. (1960). the Civil Code of the Empire of Ethiopia, Proclamation No. 165/1960,
Gazette Extraordinary. Year 19. Issue No. 2.
Romano, Chiara (2013), Land and Natural Resources Learning Initiative for Eastern and
Southern Africa (TSLI-ESA), Case Study Report: Strengthening women’s access to land
in Ethiopia, https://land.igad.int/index.php/documents-1/countries/ethiopia/gender-1/124-
strengthening-women-s-access-to-land-in-ethiopia/file.
Rural Land Administration System Manual, Version 2, January 2017
Temesgen Solomon Wabelo, ‘Approaches to Rural Land Dispute Resolution Mechanisms in the
Ethiopian Rural Land Legislations: Regional States Based Analysis’, 16/0 Law,
Environment and Development Journal (2020), p. 1, available at http://www.lead-
ournal.org/content/a1606.pdf.
Tigray Negarit Gazeta. 2014. Tigray rural land administration and use proclamation number
239/2014, 21-year number 1
Wehrmann, B. (2008). Land conflicts: A practical guide to dealing with land disputes. Eschborn:
GTZ.
Woldetensaye, Almaz (2007), Women’s Access to And Control Overland in The Current Land
Administration System In Two rural Kebeles In Ada’a Woreda of Oromia Region, A
Thesis submitted to the Institute of Gender Studies, Addis Ababa University in partial
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University, https://hdl.handle.net/10568/618.
77

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Rural Land Administration Fast Track Course Training Module for Woreda and Kebele Land

RURAL LAND ADMINISTRATION

Nominal duration (hrs.): 20 for Kebele and 16 for Woreda Experts

Abebaw Abebe Rural Land Administration and Use Directorate,

Abubeker Mohammed Ambo University

Adem Berihun Hawassa University, Wondo Genet College of

Asrat Jorge Hawassa University, Wondo Genet College of

Dessalegn Addis Assosa Agricultural TVET College

Hamid Kemal Assosa Agricultural TVET College

Kassahun Girma Rural Land Administration and Use Directorate,

Moges Kidane Ambo University

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

Yohannes Redda Responsible And Innovative Land

Zerfu Hailu (PhD) Responsible and Innovative Land Administration

Zinabu Getahun Bahir Dar University, Institute of Land

ADR Alternative Dispute Resolution

ANRS Amhara National Regional State

CDR Customary Dispute Resolution

FDRE Federela Democratic Republic of Ethiopia

FLLC First Level Land Certification

HPRs House of Peoples Representatives

KLAUC Kebele Land Administration and Use Committee

MCR Movable Property Collateral Registry

NBE National Bank of Ethiopia

ONRS Oromia National Regional State

RLAS Rural Land Administration System

SLLC Second Level Land Certification

SNNPR Southern Nations Nationalities and Peoples Region

UPIN Unique Parcel Identification Number

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

Table 1: Brief Comparison of Regional Laws ......................................................................31

Figure 1: Diagramatic Representation of the Generic Land Transaction Process ......................42

UNIT ONE: UNDERSTAND THE LEGAL FRAME WORKS OF RURAL

1.1. Identifying and describing types of property

Property can be classified based on:

a. the physical or material nature of things or objects

It can be classified as corporeal and incorporeal properties. It is a classification of things into

It can be classified as movable and immovable properties.

c. Real and Personal Property

Real Property = Immovable Property

d. Fungible And Non-Fungible Things

Identifying and describing types of property right

a. Private Property (res privatae)

b. State Property (res publicae)

c. Open Access (res nullis)

d. Common Property (res communes)

e. Hybrid Property Rights

On the other hand, property rights may be: -

1.2. Recognizing the Federal Rural Land Administration Laws

1.1.1. FDRE Constitution of the 1995

appropriate circumstances, by communities specifically empowered by law to own property

The types of land holding can be classified as:

o State holding right.

o Joint holding right

o Private/individual holding right.

o Communal holding right

Communal land is a (mostly rural) territory in possession of a community, rather than an

- Mostly used for grazing, forest and other social services

1.1.3. Understanding Expropriation of Land Holding for Public Purpose and

- How amount of compensation be calculated

- How compensation is made to expropriates

- How expropriated individuals are to be resettled.

Objective of the Proclamation

 It is necessary to determine the decision-making process and grievances procedure related