Land resource is important because humans not only

live but also perform all economic activities on land.

Besides, land also supports wild life, natural

vegetation, transport and communication activities.

55% of our basic needs and requirements like food,

clothing and shelter are obtained from land
Land resources are limited because only 43% of the total land area is
plain which is suitable for agricultural activities, industrial
development and setting up of transport and communication
systems.

27% of the total land area is covered with plateau region which are
moderately populated. Mountains cover 30% of the total land area
and are sparsely populated.

Land has become a limited resource because the degradation of land

is taking place at a faster pace.

Deforestation, water logging, construction of large dams, mining

and over grazing have resulted in the degradation of the land
resource
Land rights refer to the inalienable ability of individuals to
freely obtain, use, and possess land at their discretion, as
long as their activities on the land do not impede on other
individuals’ rights.

This is not to be confused with access to land, which allows

individuals the use of land in an economic sense (i.e.
farming).

Instead, land rights address the ownership of land which

provides security and increases human capabilities.

When a person only has access to land, they are in constant

threat of expulsion depending on the choices of the land
owner, which limits financial stability
Land rights are an integral part of Land Laws, as they
socially enforce groups of individuals’ rights to own land
in concurrence with the land laws of a nation.

Land Law addresses the legal mandates set forth by a

country in regards to land ownership, while land rights
refer to the social acceptance of land ownership. 

Laws are important, but they must be backed up by

cultural tradition and social acceptance. Therefore, laws
concerning land ownership and land rights of a country
must be in agreement.
Property law is the area of law that governs the
various forms of ownership in real property (land)
and personal property.

Property refers to legally protected claims to

resources, such as land and personal property,
including intellectual property.

Property can be exchanged through contract law, and

if property is violated, one could sue under tort law to
Property law is characterised by a great deal of historical
continuity and technical terminology.

The basic distinction in common law systems is between

real property (land) and personal property (chattels

The division of land and chattels has been criticised as

being not satisfactory as a basis for categorising the
principles of property law since it concentrates attention
not on the proprietary interests themselves but on the
objects of those interests. Moreover, in the case of fixtures
, chattels which are affixed to or placed on land may
become part of the land.
Real property is generally sub-classified
into:
 corporeal hereditaments – tangible real
property (land)

 incorporeal hereditaments – intangible

real property such as an easement of
way
• Although a tenancy involves rights to real property, a 
leasehold estate is typically considered personal
property, being derived from contract law.

• In the civil law system, the distinction is between

movable and immovable property, with movable
property roughly corresponding to personal property,
while immovable property corresponding to real estate
 or real property, and the associated rights, and
obligations thereon.
 Possession
The concept of possession developed from a legal
system whose principal concern was to avoid civil
disorder. The general principle is that a person in
possession of land or goods, even as a wrongdoer, is
entitled to take action against anyone interfering with
the possession unless the person interfering is able to
demonstrate a superior right to do so.
Transfer of property
The term "transfer of property" generally means an act by which a living
person conveys property, in present or in future, to one or more other
living persons, or to himself and one or more other living persons. To
transfer property is to perform such an act.
The most common method of acquiring an interest in property is as the
result of a consensual transaction with the previous owner, for example, a 
sale or a gift. Dispositions by will may also be regarded as consensual
transactions, since the effect of a will is to provide for the distribution of
the deceased person's property to nominated beneficiaries. A person may
also obtain an interest in property under a trust established for his or her
benefit by the owner of the property.
 Lease
Historically, leases served many purposes, and the
regulation varied according to intended purposes
and the economic conditions of the time.
Leaseholds, for example, were mainly granted for 
agriculture until the late eighteenth century and
early nineteenth century, when the growth of cities
made the leasehold an important form of
landholding in urban areas.
The modern law of landlord and tenant in
common law jurisdictions retains the influence of
the common law and, particularly, the laissez-faire
 philosophy that dominated the law of contract
 and the law of property in the 19th century. With
the growth of consumerism, the law of 
consumer protection recognised that common law
principles assuming equal bargaining power
between parties may cause unfairness.
Consequently, reformers have emphasised the
need to assess residential tenancy laws in terms of
protection they provide to tenants. Legislation to
protect tenants is now common.
 Land Disputes
Who Can Take Legal Action in Land Disputes?

Every country is different but the following groups may be able

to take legal action:
Individuals who are affected by a land grab
Communities and community groups
Organisations such as NGOs or conservation groups
Local and national government
There are many kinds of conflicts over land. These can
include:

1. Land grabs and forced evictions from land

2. Conflicts about land ownership, management and occupation rights
3. Conflicts about the right to use land
4. Boundary disputes
5. Disputes about the right to access land
6. People from harming land through, for example, pollution.

The law can be used to address these issues. Although

different countries have different land laws, the are common
principles and solutions to land issues.
What Legal Remedies Exist for Land Disputes?
1: Legislations

2: Administrative measures

3: Judiciary

Some communities and groups may be able to rely on

special areas of law, some of which are considered in
other parts of this website, for example 
refugees and internally displaced people, migrant worke
rs
, indigenous and minority rights, and women’s rights.
9 fold land use classification, viz.,

(i) Forest
(ii)Barren and Uncultivable lands
(iii)Lands put to non agricultural uses,
(iv)Cultivable waste lands,
(v)Permanent pastures and grazing lands
(vi)Land under miscellaneous tree crops and groves
(vii)Current fallows
(viii)Fallow lands other than current fallow,
(ix)Net Area Sown.
i) Area Under Forests : It includes all lands classed as forest under the legal
enactments dealing with forest or administered as forest, whether state owned or
private, natural or cultural. The grazing land or areas open for grazing within
forests have also been included.

ii) Net Area Sown : It includes all the land put to field crops and does not include
miscellaneous tree groves. It is divided into two : a) Area under paddy (main crop),
and b) Area under other crops.

iii) Area not available for Cultivation : It includes those lands occupied by
settlements, roads, railways, stream beds, tanks, canals and other lands put to
uses other than agriculture. Within this category come barren and uncultivable
land like rocky out crops, etc. which can not be brought under cultivation

iv) AREA UNDER FORESTS : Forests may be defined as any land containing trees
and shrubs, pasture lands and any land whatsoever. Forests help to restrict flood,
soil erosion, soil water evaporation and provide habitats for a wide variety of
plants and animals
Right to Property under
Indian Constitution
The Constitution originally provided for the right to property under
Articles 19 and 31.
Article 19 guaranteed to all citizens the right to acquire, hold and
dispose off property.
Article 31 provided that "no person shall be deprived of his property
save by authority of law."
It also provided that compensation would be paid to a person whose
property has been taken for public purposes. The provisions relating
to the right to property were changed a number of times.
The Forty-Forth Amendment of 1978 deleted the right to property
from the list of fundamental rights
A new provision, Article 300-A, was added to the
constitution which provided that "no person shall be
deprived of his property save by authority of law".
Thus if a legislature makes a law depriving a person of his
property, there would be no obligation on the part of the
State to pay anything as compensation.
The aggrieved person shall have no right to move the court
under Article 32.
Thus, the right to property is no longer a fundamental right,
though it is still a constitutional right.
 PHASE 1-

RIGHT TO PROPERTY
RIGHT TO PROPERTY

PHASE 11
RIGHT TOPROPERTY
PHASE III
 The Ninth Schedule contains a list of central and state laws which
cannot be challenged in courts.
 The Schedule became a part of the Constitution in 1951, when the
document was amended for the first time.
 It was created by the new Article 31B, which along with 31A was
brought in by the government to protect laws related to agrarian
reform and for abolishing the Zamindari system.
 While most of the laws protected under the Schedule concern
agriculture/land issues, the list includes other subjects, such as
reservation.
 A Tamil Nadu law that provides 69 per cent reservation in the state
is part of the Schedule.
 Article 31A and 31 B
 While Article 31A extends protection to ‘classes’ of laws, A. 31B
shields specific laws or enactments.

 Article 31B also has retrospective operation: meaning if laws are

inserted in the Ninth Schedule after they are declared
unconstitutional, they are considered to have been in the Schedule
since their commencement, and thus valid.
 Although Article 31B excludes judicial review, the apex court has said
in the past that even laws under the Ninth Schedule would be open
to scrutiny if they violated fundamental rights or the basic structure
of the Constitution.