REAL ESTATE

MANAGEMENT
X-Semester, Module-1, Part-III

Prepared by : Ar.Subhakankhi Choudhury

 Urban Land Use Policy
Introduction
The rate of urbanization in Asia and the Pacific is greater th
an that in any other region of the world.
 1950 : Less than 25% were living in urban area.
 1980 : 33% were living in urban areas.
 2012 : 46% are living in urban area (Approx 1.96 billion)
By 2020, the urban population is estimated to reach 50 per
cent, an absolute growth in numbers of approximately 500
million people, and in the next 30 years it is expected to rea
ch 1,450 Million people (or 250%). This unprecedented urb
anization process has been fueled by rapid economic growt
h and even more rapid industrialization.
 Urban Land Use Policy
Land and the importance of access to land
 Land is a key component of the wealth of any nation.
 it is be highly complex and challenging.
 Patterns of ownership and control of land can have a m
ajor bearing on political and economic balances of powe
r in a country.
 Land is important for economic growth as well as social
organization and the land access and use plays an impor
tant role in strategies for sustainable poverty reduction.
 Urban Land Use Policy
In the societies with severely conflicts, land is a key issue w
hich needs special management and treatments. Inequality
caused by unfair land distribution exacerbates the urban po
verty. In many cities in the world, such as Nairobi, Kenya, th
e poor, constituting more than 60 percent of the city’s popul
ation, live on 5 percent of city land. It is clear that the poor
household is very difficult in gaining access to land.
 Urban Land Use Policy
Legal access to land for the urban poor
 The city authorities in most countries view slums are illegal
 So they do not plan to manage such slums.
 The slum dwellers are not recognized as residents of the city.
 They are inaccessible to municipal infrastructure (water and
sanitation ect.) and at the risk of random eviction.
 This attitude to slum dwellers and approaches that disregard
them perpetuate the levels and scale of poverty, which impac
ts on the cities as a whole.
  Many of the people living in slums arrived in the cities unnoti
ced by the authorities. This is because they did not buy or le
ase house through the formal government channels.
 Urban Land Use Policy
Legal access to land for the urban poor
 Many obtained sites through informal local processes or fami
ly members and used whatever materials they could find to e
rect a house to live in.
 They are incapable to access or afford the formal/legal proce
sses to take up legal residence in the cities and are easily ex
cluded.
 The provision of shelter and the development of sustainable
human settlements require legal access to land.
 Urban Land Use Policy
Land Tenure
 The concept of tenure is often interpreted as legal access to la
nd.
 It is often assumed that this right is derived from existing law.
 Governments and landowners regard most people living in inf
ormal settlements and slums as being there illegally.
 However, it is not a simple process to separate different types
of land rights into legal or illegal.
It is more useful to view the various land rights’ types as existing
along a continuum, with some settlements being more consistent
with law than others. This view makes it possible to include the p
eople with the weakest tenures in the idea of sufficient legal acce
ss.
 Urban Land Use Policy
National Tenure Policy Options
Type – 1 : Freehold tenure derives from English common law
and gives the beneficiary near absolute ownership of land. Its c
onditions are full right of transfer, right to bequeath, right to mort
gage, full use rights (unless restricted by law) and unlimited dur
ation.
 Urban Land Use Policy
National Tenure Policy Options
Type – 2 : Leasehold involves the rental of land or property un
der contract or statutory conditions for a specified period. Lease
holds may be created by the State, corporations, or individuals.
The ability to use the property as collateral will be influenced by
the duration of the lease, and for this reason, periods of 30 year
s are normally considered the minimum necessary.
 Urban Land Use Policy
National Tenure Policy Options
Type 3 : Conditional freehold is the combination of freehold a
nd leasehold and entitles the occupant to full freehold title at th
e end of a specified period, providing stated conditions have be
en met.
 Urban Land Use Policy
Advantages with freehold
 Freeholds are perceived as more secure
 Less risk for the inefficient and slow processes of bureaucrac
ies
 Decreasing readiness to invest towards the end of a leasehol
d
 Problems related to landlord-tenant Disagreements
 Urban Land Use Policy
Advantages with leasehold
 Reduction of increase in land prices
 Planned and controlled land development is easier if the gov
ernment can act as the ultimate owner rather than a statutory
regulator
 Regular rent review can ensure that capital appreciation is sh
ared between the public sector and the developer or tenant
 Monitoring land transactions is easier with leasehold clauses
(e.g. speculation in sites-and-services schemes)
 Offers possibilities for providing more equity to disadvantage
d groups
 Sample
Patta
OR
Record of Rights (ROR)
Front Page
 Sample
Patta
OR
Record of Rights (ROR)
Rear Page
THANK YOU