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This book gives a brief account of the background to the dual land tenure system in force in Sierra Leone and explains the reasons why the dualism derived from the different colonial experience of the former Colony and Protectorate of Sierra Leone still persists almost fifty years after the two entities were merged to form a unitary State of Sierra Leone. The book gives an account, for the benefit of both law students and legal practitioners, of the main features of the English derived land law in the Western Area and of the forms of land holding in the Provinces which are governed predominately by customary law. The book also highlights the practical problems that legal practitioners may be confronted with in advising clients wanting to enter into transactions involving land in Sierra Leone and in drafting legal documents for the creation or transfer of interests in land in different parts of the country. By giving an account of developments relating to policy initiatives and by laying bare the achievements and shortcomings of land tenure reform to date, the book aims to stimulate debate on current proposals for reform not only among law students and practitioners of the law but also among policy makers and members of the wider non-legal community It offers a brief but constructive criticism of the dual land tenure system and offers some proposals for reform of the system changes in the light of stated policies.
This publication deals with key issues in land tenure, especially as they relate to food insecurity and rural development situations. Land tenure issues are frequently ignored in rural development interventions, with often long-lasting, negative results. This guide is designed to assist technical officers in governments and civil society in understanding why and how land tenure issues should be considered in rural development projects. It analyses important contexts such as environmental degradation, gender discrimination, and conflicts, where land tenure is currently of critical concern.
The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.
This study, in nineteen chapters, deals with the various issues pertaining to land law in Nigeria. Namely: Concept of ownership; ownership and communal land holding under customary land tenure; individual land ownership; family land ownership; alienation under customary law; nature of customary tenancy; pledge; the law of property; an overview of the effect of the Land Use Act on customary ownership of land; The Nigerian Land Use Act; Land Use Act 1978; ways of declaration of title to land; legal mortgage; the position of landlord and tenant; the procedure for recovery of premises under the recovery of premises law; classification of right of occupancy; nature of prescription; march towards the reform of the Land Use Act.
Across Africa land is being commodified: private ownership is replacing communal and customary tenure; Farms are turned into collateral for rural credit markets. Law reform is at the heart of this revolution. The Politics of Land Reform in Africa casts a critical spotlight on this profound change in African land economy. The book illuminates the key role of legislators, legal consultants and academics in tenure reform. These players exert their influence by translating the economic and regulatory interests of the World Bank, civil society groups and commercial lenders in to questions of law. Drawing on political economy and actor-network theory The Politics of Land Reform in Africa is an indispensable contribution to the study of agrarian change in developing countries.
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.