The notion of “title deeds” for the less economically developed is messianic. It is akin to bringing a candle into a dark room. Everything is given a breath life by the light. Although other forms of documentation exist in rural areas such as settlement permits, certificates and leases, it is freehold title that bears the promise of prosperity.
The perceived opulence is derived from the increased value of land which one owns, and the power it exudes on the wielder. This value is largely caused by the security of complete dominion over a piece of land. Security in this case – when related to law – means that no one can take that asset away from you and that you are free to enjoy all the rights and also to exclude or include any other person. Therefore, the security in land title is a function of rule of law.
Now, the horrors of unjust displacement, eviction, dispossession, invasion and land-grabbing have bereaved millions in rural Afrika over the years. Majorly driven by large corporate mining and agricultural activity. It has also been witnessed in poorer Asia and Latin America. This ruthless advance of economic and political goals is guarded against by the law of the land. Whereas it provides that communal (and indigenous) settlers must be consulted concerning the development through traditional leadership hierarchies, and that adequate compensation for property improvements be provided. The statutes also outlay that alternative settlement with enough resources be provided. This has not been happening! Oppressive Afrikan governments either carry out these atrocities or look the other way as they constantly disregard their own rules and regulations using brute force. In crude terms, unsanctioned dispossession of rural folk would still occur with or without title deeds to the land!
Absolute land ownership creates wealth primarily through rent and interest for the holder. This generally holds water, however, particularly for rural land and farmland, one would argue that the value is realized only in the utility of the land. Which crop is being grown? How much yield is being produced? Which resources exist in the land? How are they being extracted and beneficiated? Which economic activity is being conducted on the land? The use of land is what generate value otherwise, the asset is dead. There are methods for calculating economic land value of peripheral land via the Global Land Tool Network guidelines with indicators like land-based financing, demand and rural-urban linkages to support this view. Thus, inasmuch as title comes with value, it is not predominantly responsible for creating the value of the land. The weight of proxy factors such as collateralized finance against land are similarly dismissed.
To segue, urban areas have also been hexed by the curse of property demolitions by local authorities. This has appalled innocent landowners who seemingly held title to their land and property leaving them stranded and distressed. This has been caused by cancerous lawlessness, corruption and fraud in land transactions leading to cases such as parceling out of wetlands and greenspace by land barons. This dark cloud has engulfed the meaning of “title deeds” to land. The safety of freehold versus other forms of land holding are now comparatively at par when viewed from the lens of the unsuspecting consumer.
What matters then?
The most important hurdle to go over is the complete registration of rural land meaning to create a ledger of who occupies what land where. This register coupled with land parcel information drives the development of land information systems which power sustainable planning and use of land. Again, the law already mandates village mapping but this has not been comprehensively carried out – sad! A land register with each settler afforded documentation allows for confident utilization of land and its management.
Other forms of leases that are not freehold title are also driven by well-recorded land rights. Transactions can be conducted based on the transfer of use rights such as on 99-year leases. It is a failure of our socio-economic wiring that financial institutions see the use of land collateral only in selling rather than using the associated rights for economic activity to recoup profit on defaulted loans for example.
In closing, take this opinion as a protest to the disregard for rule of law and the criminal machinations that have devalued the golden halo on title deeds to land. A visitation of incorruptible law enforcement and people-centric land governance policy needs to be triggered with exemplary action over words. No tenure document can upheave the prevalence of a rotting culture. Absolute and just rule of law matters above all else.
State Of Tenure 