Land registration

Land Rights for the Untitled Poor: Testing A Business Model, 2012 - 2021

Author
Gordon LaForge
Focus Area(s)
Country of Reform
Abstract

For the estimated 70% of the world population that lives on property without a formal land title, life can be precarious. The absence of ownership documentation raises families’ vulnerability to forced eviction and conflict; it precludes the use of the property to access financial services and other economic benefits; and it diminishes the value of property by restricting its transfer to an informal, opaque market. And yet, in many parts of the world, the process of obtaining a land title is not only expensive but also complicated and sometimes nearly impossible. In 2012, Habitat for Humanity International, a housing nonprofit based in Atlanta, tried to address that challenge. The organization launched a $100-million impact investment fund called MicroBuild that enabled partner financial institutions to offer housing loans to low-income borrowers worldwide. As part of its mission, the fund also sought to develop a viable business model for services that would improve borrowers’ land tenure security. By early 2021, an experiment in Indonesia showed promise and appeared to have overcome some of the problems that had impeded success in Africa and Latin America.

Gordon LaForge drafted this case study based on interviews conducted in April and May 2021. Habitat for Humanity, the Omidyar Network and the Hilti Foundation supported the development of this case study as part of an internal learning initiative. Case published July 2021.

For further reading on the MicroBuild Fund, see additional case studies from the Grunin Center for Law and Social Entrepreneurship at the New York University School of Law.

Reducing Inequality by Focusing on the Very Young: Boa Vista, Brazil, Deepens Its Investment in Early Childhood Development, 2017 – 2019

Author
Bill Steiden
Focus Area(s)
Country of Reform
Abstract

Narrowing the gap between rich and poor was a top priority for Teresa Surita, five-time mayor of Boa Vista, Brazil. Surita had long viewed early childhood development services as crucial for improving life chances and attaining that goal, and she had partnered with several programs to expand parent coaching and other opportunities. As her fifth term began in 2017, she turned to a program called Urban95, which called for making a top priority the needs of young children and their families in all of the city’s planning and programs. Building on work the city had already done, Surita and her department heads undertook projects that included adapting a neighborhood to the needs of young children and their caregivers and building a cutting-edge data dashboard and alert system designed to ensure citizens would get help when they needed it. The city sought to keep those efforts on track while also extending assistance to families among the refugees fleeing deprivation and violence in neighboring Venezuela. As the term of the initial phase drew to a close in September 2019, municipal officials began to take stock of progress and results. Despite some philosophical disagreements and some uncertainties about the future of vital federal funding, the city was on track to achieve its project goals. 

Bill Steiden drafted this case study based on interviews conducted in Boa Vista and Sao Paulo, Brazil, in July and August 2019. Case published October 2019. The Bernard van Leer Foundation supported this case study to foster early-stage policy learning.

 

Putting Justice into Practice: Communal Land Tenure in Ebenhaeser, South Africa, 2012-2017

Author
Leon Schreiber
Focus Area(s)
Country of Reform
Abstract

Following the 1994 transition from racial apartheid to democracy, South Africa’s government aimed to provide tenure security for the estimated 16 million black South Africans living in communal areas. But the lack of a clear legal framework applicable to most communal areas meant that progress was slow. In contrast, a viable legal framework did exist to guide tenure reform in smaller communal areas formerly known as “coloured reserves,” where a series of apartheid laws had settled people of mixed race. In 2009, land reform Minister Gugile Nkwiti designated one such area—Ebenhaeser, on the country’s west coast—as a rural “flagship” project. The aim was both to transfer land held in trust by the government to Ebenhaeser community members and to settle a restitution claim. Provincial officials from Nkwinti’s ministry, working with private consultants, organized a communal association to serve as landowner. They helped negotiate an agreement with white farmers to return land that had originally belonged to coloured residents. The community also developed a land administration plan that would pave the way for Ebenhaeser’s residents to become the legal owners of their communal territory.

Lessons Learned

  • A legal framework to guide tenure reform in communal areas is vital. The lack of a law to guide the process in the former homelands made it nearly impossible to make any progress in those regions.
  • In many of the communal areas of South Africa, the key question is whether traditional leaders should become legal landholding entities. Despite the lack of capacity that hampered many CPAs, Ebenhaeser’s experience offers an alternative to granting legal ownership to traditional leaders.
  • A strong, high-level project steering committee was critical for driving implementation. The project required cooperation between a range of different stakeholders. And the creation of a central venue encouraged that collaboration.
  • Providing communities with financial and human resources support after they obtain ownership over communal lands is crucial. Documentation proving they were landowners was not enough to immediately enable the Ebenhaeser CPA to use its land productively or access credit.

 

Leon Schreiber drafted this case study with Professor Grenville Barnes of the University of Florida-Gainesville based on interviews they conducted in the Western Cape, Gauteng, and Eastern Cape provinces of South Africa, in March 2017. Case published May 2017.

A 2017 workshop, Driving Change, Securing Tenure, profiled recent initiatives to strengthen tenure security and reform land registration systems in seven countries: South AfricaCanadaJamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

Watch the video of David Mayson - Managing Director, Phuhlisani

From Saving the Census to Google Maps: The US Census Bureau's TIGER System, 1980-2010

Author
Pallavi Nuka
Focus Area(s)
Core Challenge
Country of Reform
Abstract

After the 1980 US national census, 53 state and local governments sued to correct alleged errors in the count, and the US Census Bureau found itself at a crossroads. For years, the bureau had integrated information from paper-based sources to create maps for its census takers, and the procedure was slow and unreliable. An overhaul of the cumbersome system would be a complex and difficult task, and there was a deadline: the next national census would take place in 1990. Robert Marx, head of the bureau’s geography division, decided to take advantage of new advances in computing technology to improve performance. As part of that initiative—known as Topologically Integrated Geographic Encoding and Referencing, or TIGER—the bureau built interagency cooperation to create a master map, developed a software platform, digitized information, and automated data management. Its efforts generated a nationwide geospatial dataset that fed an emerging geographic information industry and supported the creation of online services such as MapQuest, OpenStreetMap, and Google Maps. This case provides insights on overcoming common obstacles that arise in the collection, digitization, and publication of information in accessible formats, which are challenges that affect many open-data reforms.

Pallavi Nuka drafted this case study based on interviews conducted in August, September, and October 2017. Case published February 2018.

A Work in Progress: Upgrading Indonesia’s National Land Agency, 2004–2014

Author
Leon Schreiber and Jordan Schneider
Country of Reform
Abstract

When he won Indonesia’s October 2004 presidential election, Susilo Bambang Yudhoyono found he had inherited a struggling land administration system that would block progress on some of his key policy initiatives. The National Land Agency (known by the abbreviation BPN, for Badan Pertanahan Nasional) managed records on landownership and transactions. But the organization was dogged by corruption, high costs, and delays. On average, it took 33 days, six visits to a local land office, and US$110 for landowners to register property transactions. In addition, the BPN held ownership records for only a third of the estimated 89 million land parcels on the thousands of islands in the sprawling archipelago. In keeping with his campaign pledge to spur rural development, Yudhoyono appointed a new leadership team to revamp the BPN and get the agency on track. The team partnered with the World Bank in a program to title unregistered land and then rolled out a new land database that digitally stored all new transactions, equipped vehicles to deliver mobile services in rural areas, and worked with other ministries to design a comprehensive OneMap for the country. Although the reforms improved efficiency and sharply increased the pace of property registration, 10 years after Yudhoyono’s election it remained clear that additional measures were still needed to reach the goal of a well-functioning, corruption-free, comprehensive, and sustainable land registry.

Leon Schreiber and Jordan Schneider drafted this case study based on interviews conducted in Jakarta, Indonesia, in March and April 2015 as well as in October and November 2017. Case published December 2017. 

"A Huge Problem in Plain Sight": Untangling Heirs' Property Rights in the American South, 2001-2017

Author
Gabriel Kuris
Focus Area(s)
Country of Reform
Abstract

In 2005, massive hurricanes battered communities along the Gulf Coast of the United States. In the aftermath, thousands of families who lived on land passed down to them informally by parents and grandparents learned that because they lacked clear formal title to their properties, they were ineligible for disaster assistance to rebuild their homes. Related title issues in other regions kept families from developing inherited lands and allowed predatory developers to use court-ordered partition sales to grab long-held properties for pennies on the dollar. All those problems stemmed from the quirks of heirs' property, a form of communal landownership that gave each relative a partial share in a property but full rights to use and enjoy it-or force its sale. Beginning in 2001, before the hurricanes magnified the crisis, a coalition of scholars, lawyers, and activists united to draft and enact new state laws that would strengthen the rights of heirs' property owners. Advocates across the region helped affected families get public aid and build wealth. By 2017, those efforts were beginning to turn the tide, although many families remained unreached, unconvinced, or unable to agree on how to secure their land for future generations.

Gabriel Kuris drafted this case study based on interviews conducted in the states of Alabama, Georgia, Louisiana, South Carolina, and Texas in the United States in December 2017. Case published January 2018.

Securing Land Rights: Making Land Titling Work in Rwanda, 2012-2017

Author
Leon Schreiber
Focus Area(s)
Country of Reform
Abstract

In June 2012, Rwanda’s national land registry completed a nearly four-year project that mapped every one of the country’s 10.4 million parcels and prepared title documents for 8 million landholders. It was an unprecedented accomplishment in a country in which lack of land titling had weighed on the economy and led to escalating conflict over access to land. The mapping program promised to reduce tensions by establishing an orderly system for registering and transferring landownership. However, the system could work only if Rwandans registered every transaction, and in 2012, a survey found that only about one of every eight landowners had even bothered to pick up their official titles. The registry urgently had to both make it easier to register transactions and build public awareness about the importance of keeping the land database up-to-date. A registry team launched a nationwide campaign to raise awareness about the importance of titling and of reporting all land transactions. Managers simplified procedures and registration forms. And to provide greater access in rural areas, where titling was nearly unknown, the registry decentralized services and introduced a new software platform to speed transactions. By mid 2017, more than 7 million people had collected their titles, and registrations of sales, purchases, and other kinds of transfers had begun to improve. Still, the number of transactions reported in 2016 fell short of the registry’s target, indicating that further work lay ahead.

Leon Schreiber drafted this case study based on interviews conducted in Kigali, Musanze, and Huye, Rwanda, in June and July 2017. Fortunee Bayisenge, Lecturer and Dean of the Faculty of Development Studies at the Protestant Institute of Arts and Social Sciences, collaborated on the research. The British Academy-Department for International Development AntiCorruption Evidence (ACE) Program funded the development of this case study. Case published September 2017.

Registering Rural Rights: Village Land Titling in Tanzania, 2008-2017

Author
Leon Schreiber
Focus Area(s)
Country of Reform
Abstract

In the early 2000s, Tanzania struggled to protect the land rights of the 75% of its citizens who lived in rural areas. Rapid population growth and rising investment in commercial agriculture had increased land scarcity and created the potential for violent conflict in parts of the country. In accordance with the provisions of a new law, the national lands ministry launched a pilot project in 2004 to title 158 villages and more than 1,000 individual parcels. Building on lessons from the project, the government passed a new land-use planning act, created a new implementation program, and drew up a strategic plan to title rural land throughout the country. Starting in 2008, the lands ministry worked with community leaders to grant villages and their residents title documents that protected them from land grabbing. Villages also decided how they would use communal land and how they would set up committees to resolve boundary disputes. Officials constructed registry buildings in villages and districts to house title documents before surveying individual land parcels and handing over titles to village residents. By 2017, more than 11,000 of Tanzania’s approximately 12,500 villages had mapped their outer limits, and about 13% of villages had also adopted land-use plans. Of the approximately 6 million households located within rural villages, about 400,000 also had obtained individual title documents.

Leon Schreiber drafted this case study based on interviews conducted in Dar es Salaam and Arusha, Tanzania, in April 2017. The British Academy-Department for International Development Anti-Corruption Evidence (ACE) Program funded the development of this case study. Case published June 2017.

A 2017 workshop, Driving Change, Securing Tenure, profiled recent initiatives to strengthen tenure security and reform land registration systems in seven countries: South AfricaCanadaJamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

Watch the video of Seraphia Robert Mgembe - Program Coordinator, MKURABITA

Elizabeth Stair

Ref Batch
A
Focus Area(s)
Ref Batch Number
2
Country of Reform
Interviewers
Maya Gainer
Name
Elizabeth Stair
Interviewee's Position
Chief Executive Officer,
Interviewee's Organization
National Land Agency
Language
English
Town/City
Kingston
Country
Date of Interview
Reform Profile
No
Abstract

In this interview, Elizabeth Stair, chief executive of the National Land Agency in Jamaica, provides an overview of the overhaul of government land management following the merger of four different land-related departments—Land Titles, Estate Management, Land Valuation, and Surveys and Mapping—that resulted in the formation of the agency. She outlines a consultation process that led to improvements in customer service, document rejection rates, and turnaround times. Stair credits the manifold improvements to the agency’s thorough reapplication and interview process for all positions, expanded training and computerization, and security enhancements. Operating units within the agency increased their goal setting and tracking by implementing three-year corporate and business plans that required the achievement of 80% of targets in order to qualify for staff bonuses. The use of the eLandjamaica program and related software slashed the time needed to register titles and the turnaround time for pre-checking surveys, one of the agency’s primary tasks. 

 

Profile

At the time of this interview, Elizabeth Stair was chief executive officer of Jamaica’s National Land Agency. Before that, she served as the commissioner of the lands department as well as the land valuation department simultaneously. A fellow in the Royal Institution of Chartered Surveyors, she also was a member of other local and international professional groups. Stair earned her earned bachelor of science degree in estate management from the Polytechnic of the South Bank, in London.

Full Audio File Size
67 MB
Full Audio Title
Elizabeth Stair Full Interview

Leslie Hildebrandt and Godfrey Archbold

Ref Batch
D
Focus Area(s)
Ref Batch Number
1
Country of Reform
Interviewers
Maya Gainer
Name
Leslie Hildebrandt and Godfrey Archbold
Language
English
Town/City
British Columbia
Country
Date of Interview
Reform Profile
No
Abstract

In this interview, Godfrey Archbold and Leslie Hildebrandt discuss their private corporation, The Land Title and Survey Authority of British Columbia (LTSA), which was formed in 2005 and administers the land titles and survey systems of British Columbia. Archbold and Hildebrandt go into detail about their own involvement with the program, which began forming in 2003. They go on to explain the process of establishing this organization, which required overhauling the previous administrative system and coordinating between government and private business to create a new one. 

Profile

At the time of the interview, Godfrey Archbold was the president and CEO of the LTSA. He had been working with the LTSA and in service of the province of British Columbia for the past 35 years.

Leslie Hildebrandt was serving at the Vice President of the LTSA in Regulatory and Corporate Affairs. As stated on the LTSA’s offical website, “Leslie Hildebrandt, LL.B., leads the LTSA's corporate legal and regulatory services and her team directly supports the LTSA's corporate governance, compliance and public administration accountabilities

Full Audio File Size
105 MB
Full Audio Title
Godfrey Archbold and Leslie Hildebrandt Interview