Land law is the form of

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

that deals with the

rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...

to use, alienate, or exclude others from

land Land, also known as dry land, ground, or earth, is the solid terrestrial surface of Earth not submerged by the ocean or another body of water. It makes up 29.2% of Earth's surface and includes all continents and islands. Earth's land sur ...

. In many jurisdictions, these kinds of

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...

are referred to as real estate or

real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...

, as distinct from

personal property Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables—a ...

Land use Land use is an umbrella term to describe what happens on a parcel of land. It concerns the benefits derived from using the land, and also the land management actions that humans carry out there. The following categories are used for land use: fo ...

agreements, including

renting Renting, also known as hiring or letting, is an agreement where a payment is made for the use of a good, service or property owned by another over a fixed period of time. To maintain such an agreement, a rental agreement (or lease) is sig ...

, are an important intersection of property and

contract law A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or pr ...

Encumbrance An encumbrance is a third party's right to, interest in, or legal liability on property that does not prohibit the property's owner from transferring title (but may diminish its value). Encumbrances can be classified in several ways. They may be f ...

on the land rights of one, such as an

easement An easement is a Nonpossessory interest in land, nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B" ...

, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts. Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the

American West The Western United States (also called the American West, the Western States, the Far West, the Western territories, and the West) is census regions United States Census Bureau As American settlement in the U.S. expanded westward, the mea ...

were institutions that arose organically to enforce the system of rules appurtenant to mining. '' Squatting'', the occupation of land without ownership, is a globally ubiquitous phenomenon. Indigenous land rights is also a perennial related issue.

National sovereignty

Sovereignty Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...

, in

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

jurisdictions, is often referred to as absolute title, radical title, or

allodial title Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense ...

. Nearly all of these jurisdictions have a system of

land registration Land registration is any of various systems by which matters concerning ownership, Possession (law), possession, or other rights in Real estate, land are formally recorded (usually with a government agency or department) to provide evidence of ti ...

, to record

fee simple In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., pe ...

interests, and a

land claim A land claim is "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include Aboriginal title, aboriginal land cla ...

process to resolve disputes.

Land rights

Indigenous land rights are recognized by

international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

, as well as the national legal systems of common law and civil law countries. In common law jurisdictions, the land rights of

indigenous peoples There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territ ...

are referred to as

aboriginal title Aboriginal title is a common law doctrine that the Indigenous land rights, land rights of indigenous peoples to customary land, customary tenure persist after the assumption of sovereignty to that land by another Colonization, colonising state. ...

. In

customary law A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists wher ...

jurisdictions, customary land is the predominant form of land ownership.

Land reform Land reform (also known as agrarian reform) involves the changing of laws, regulations, or customs regarding land ownership, land use, and land transfers. The reforms may be initiated by governments, by interested groups, or by revolution. Lan ...

refers to government policies that take and/or redistribute land, such as a land grant. 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.Adi, D.N. (2009). Critical Mass Representation in Uganda. 1-38. 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. Landesa takes the stance that although the law may advocate for equal access to land, land rights in certain countries and cultures may hinder a group's right to actually own land. 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. Globally, there has been an increased focus on land rights, as they are so pertinent to various aspects of development. According to Wickeri and Kalhan, land ownership can be a critical source of capital, financial security, food, water, shelter, and resources. The UN Global Land Tool organisation has found that rural landlessness is a strong predictor of poverty and hunger, and negatively impacts

Empowerment Empowerment is the degree of autonomy and self-determination in people and in communities. This enables them to represent their interests in a responsible and self-determined way, acting on their own authority. It is the process of becoming strong ...

and the realisation of

Human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...

. In order to home in on this critical problem of inadequate land rights, The Millennium Development Goal 7D strives to improve the lives of 100 million slum dwellers. This includes increased land rights for impoverished people, which will ultimately lead to a higher quality of life. Although land rights are fundamental in achieving higher standards of living, certain groups of individuals are consistently left out of land ownership provisions. The law may provide access to land, however, cultural barriers and

poverty trap In economics, a cycle of poverty, poverty trap or generational poverty is when poverty seems to be inherited, preventing subsequent generations from escaping it. It is caused by self-reinforcing mechanisms that cause poverty, once it exists, to ...

s limit minority groups' ability to own land.Hanstad, T. (2010). Secure Land Rights. Rural Development Institute. In order to reach equality, these groups must obtain adequate land rights that are both socially and legally recognised.

Limits of national jurisdiction and sovereignty

Land rights and women

Several scholars argue that women's lack of sufficient land rights negatively affects their immediate families and the larger community, as well.Agarwal, B. (1988). “Who Sows? Who Reaps? Women and Land Rights in India” Journal of Peasant Studies. 531-581.Agarwal, B. (1994). “A Field of One’s Own: Gender and Land Rights in South Asia”. Cambridge University Press. With land ownership, women can develop an income and allocate this income more fairly within the household.Agarwal, B. (2005). “Marital Violence, Human Development, and Women’s Property Status in India” World Development. 823-850.Deere, C.D., & Doss, C. R. (2006). “Gender and the Distribution of Wealth in Developing Countries. World Institute for Development Economics Research, 1-27. Tim Hanstad claims that providing sufficient land rights for women is beneficial because, once women can exercise those rights the following will be promoted: * Women will be less likely to contract and spread

HIV/AIDS The HIV, human immunodeficiency virus (HIV) is a retrovirus that attacks the immune system. Without treatment, it can lead to a spectrum of conditions including acquired immunodeficiency syndrome (AIDS). It is a Preventive healthcare, pr ...

as they do not have to resort to prostitution * Women will be less likely to be victims of Domestic violence * Their children will be more likely to get an education and stay in school longer * Women will be better positioned to get access to

Microcredit Microcredit is the extension of very small loans (microloans) to impoverished borrowers who typically do not have access to traditional banking services due to a lack of collateral (finance), collateral, steady employment, and a verifiable credi ...

In many parts of the world, women have access to land in order to farm and cultivate the land; however, there are traditions and cultural norms which bar women from inheriting or purchasing land. This puts women in a place of dependence on their husbands, brothers, or fathers for their livelihood and shelter. Should there be an illness, domestic violence, or death in the family, women would be left landless and unable to either grow crops for food, or rent land for profit. Land ownership for women is a crucial form of security and income, increasing

and decreasing

Poverty Poverty is a state or condition in which an individual lacks the financial resources and essentials for a basic standard of living. Poverty can have diverse Biophysical environmen ...

India

Kanakalatha Mukund makes the important point that although women in

India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...

have the legal right to own land, very few actually do as a result of the patriarchal practices which dominate the nation. Up until recently, Indian women have been left out of laws regarding the distribution of public land and were forced to rely on the small possibility of obtaining private land from their families.

Inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...

laws which cater towards men are one of the key issues behind inequality in land rights. According to Bina Agarwal, land ownership defines social status and political power in the household and in the village, shaping relationships and creating family dynamics. Therefore, inheritance of land automatically puts men above women both in the household, and in the community. Without political pull in the village, and with limited bargaining powers within the household, women lack the voice to advocate for their own rights. Another issue with land rights in India is that they leave women completely dependent on the lives of their husbands. A study by Bina Agarwal found that in

West Bengal West Bengal (; Bengali language, Bengali: , , abbr. WB) is a States and union territories of India, state in the East India, eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabi ...

, prosperous families turn destitute when the male head of the household dies, as women are not permitted to take over their husband's land. Also, due to cultural tradition, the higher the status of the woman, the less likely she is to have any developed skills that would be useful in finding work. These women are forced to beg for food and shelter once their husbands die because they have not been allowed to gain work experience. Bina Agarwal argues that land ownership significantly decreases the chance of domestic violence against Indian women. Owning property elevates women to a higher status within the household, allowing more equality and bargaining power. In addition, owning property separately from their husbands allowed women an opportunity of escape from abusive relationships. Agarwal concluded that the prospect of a safe shelter outside of the main household decreases the longevity of domestic violence. Land rights are critical for women in India due to the heavily patriarchal society in which they live. Cultural perspectives play a key role in the acceptance of equality within land ownership. Women owning land ultimately benefits the household and society as a whole. The most recent advance towards equality in land rights in India was the Hindu Succession Act of 2005. This act aimed to remove the gender discrimination which was present in the Hindu Succession Act, 1956. In the new amendment, daughters and sons have equal rights to obtain land from their parents. This act was both a legally and socially important move for women's rights to land. Not only did it legally mandate equality in land succession, it also validated women's roles as equals in society.

Uganda

Uganda's 1995 Constitution enforces equality between men and women, including the acquisition and ownership of land.Constitution of Uganda. (1995). http://www.ugandaonlinelawlibrary.com/files/constitution/constitution_1995.pdf However, research from Women's Land Link Africa reveals that women remain excluded from land ownership due to customs and deeply ingrained cultural habits.Women’s Land Link Africa. (2010). “The Impact of National Land Policy and Land Reform On Women in Uganda”. WLLA. 1-8. Even when women save up enough money to purchase land, the land is signed in their husband's name, while women sign as the witness.

practices are a particular obstacle which reduces women empowerment, as well. Land is passed down through male lineage which reinforces women's exclusion from land ownership.Centre on Housing Rights and Evictions. (2010). “Uganda-Women’s Land Rights: The Gap Between Policy and Practice”. Another detriment to equality, pointed out by Women's Land Link Africa, is that women lack sufficient knowledge about the rights they have under the law to own land. Rural, illiterate women do not even have access to the new constitution which guarantees them land rights. Although the 1995 Constitution provides for equality between men and women, there are still gaps in the law which affect women's rights to land. The law protects the rights to land of wives in marriage; however, it does not address the needs of widows or divorcees. Consequentially, these women are left landless and without the protection land offers. Also, women have a difficult time taking cases to court due to corruption and expensive trials. The trials concerning land take so long to process that many women do not even attempt to seek legal assistance. Women's Land Link Africa provides suggestions to alleviate inequality in land ownership. Rural women can be educated about their rights through radio campaigns, community discussions, educational outreach programs, and public forums. The cultural nuances must be addressed in policies and community leaders can be educated about inclusion of minority groups. Also, the law itself can address the rights of widows and divorcees in addition to the rights of married women.

References

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