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.

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.

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 Africa, Canada, Jamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

Watch the video of David Mayson - Managing Director, Phuhlisani

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. 

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.

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.

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 Africa, Canada, Jamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

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

In 1999, eight years after emerging from decades of Soviet domination, Kyrgyzstan began an ambitious effort to officially recognize property ownership throughout the country and lay the groundwork for a vibrant real estate market. During five and a half decades of rule by the Soviet Union, citizens were not allowed to own land, and after Kyrgyzstani independence in 1991, the country began a nationwide program of privatization in a bid to stimulate economic development. The question was how to register and document property rights so that people could transact efficiently in a new land market. To meet the challenge, a new land agency, known as Gosregister, had to hire and train staff in completely new responsibilities, establish performance management and funding structures, improve efficiency by introducing new technologies, and ensure that staff did not engage in corruption. Despite political upheaval—including the overthrow of two governments in the space of five years—Gosregister steadily built its capacity and evolved into an effective land registry. By 2012, the agency had registered 92% of the country’s privately held parcels, and in 2017, the World Bank’s Doing Business rankings recognized its services as among the best in the world.

Maya Gainer drafted this case study based on interviews conducted in Bishkek and Kant, Kyrgyzstan, during November and December 2016. The British Academy-Department for International Development Anti-Corruption Evidence (ACE) Program funded the development of this case study. Case published February 2017

In April 2006, six international donor agencies established a program to help Mozambique’s government register community land rights and improve tenure security for rural residents. Under Mozambique’s constitution, the state owned all land. A 1997 law, adopted after a 15-year civil war, sought to recognize rural communities’ customary tenure rights while encouraging commercial investment through the issuance of 50-year leaseholds. But many communities failed to register their holdings with the central government, leaving their rights vulnerable to powerful state and corporate interests. To address the problem, the donor group established the Community Land Initiative (iniciativa para Terras Comunitárias, or iTC), a program to register community parcels in the government cadastre and empower communities to negotiate with potential investors. The iTC coordinated with national and local governments as well as nongovernmental organizations to map the borders of community lands. The program informed community members about their land rights and how to use and protect them. It also established natural resource committees, which enabled communities to receive shares of the natural resource taxes paid by commercial investors working on communal lands. The iTC further created producer associations to support budding commercial farmers, resolved boundary disputes, and worked with provincial cadastral offices to issue certificates that specified property boundaries. By mid 2016, the program had registered 655 communities in the government cadastre—nearly four times the estimated 171 community registrations carried out before the iTC was established. The registrations covered 6.9 million hectares and 10% of the country’s rural population.

Leon Schreiber drafted this case study based on interviews conducted in Maputo and Xai-Xai, Mozambique, in November 2016. The British Academy-Department for International Development Anti-Corruption Evidence (ACE) Program funded the development of this case study. Case published February 2017.  

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

Watch the video of Emidio de Oliveira - Director, iniciativa para Terras Comunitárias.