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Essays in african land law

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essays in african land law Land Law in KenyaEssays in African Land Law Edited by Robert Home ISBN: Pages: Print version: Available Electronic version: Free PDF available. Download this book. About the publication. The importance of land law for the rule of law in Africa can hardly be questioned. Population pressures and competition over access to land and resources generate much conflict, complicated by the historical legacy of colonial laws and land-grabbing, and by post-independence land law reforms. The international development agencies increasingly fund projects related to land law, policy and administra. Home, Robert () Essays in African land law. Pretoria University Law Press (PULP), Pretoria, South Africa. ISBN Text Published Version Available under the following license: Creative Commons Attribution Non-commercial No Derivatives. Download (1MB). Official URL: rybnitsa-city.info Item Type: Book. Additional Information: Open Access book, free PDF available at rybnitsa-city.info Keywords: land law, Africa. Faculty: Faculty of Arts, Law & Social Sciences. Depositing User: Repository Adm. Anthony Allott, Essays in African Law, With Special Reference to the Law of Ghana (), LC Call No. KQCA45 , rybnitsa-city.info Institute of African Studies, University of Nigeria, African Indigenous Laws: Proceedings of Workshop, 7–9 August, (Taslim Olawale Elias et al. eds., ), LC Call No.  Aili Mari Tripp, Women's Movements, Customary Law, and Land Rights in Africa: The Case of Uganda, Afr. Stud. Q., rybnitsa-city.info

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to kill a mockingbird essay on perspective South African land reformAny opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of UK Essays. A large share of the worlds poor resides in developing countries, with a highly concentrated rural sector where people rely on agriculture to survive. In rural areas land is considered as an important asset and also a vital input in the agrarian economy.  If we look at the case of South African land reforms first we have to look at the historical distribution of land in the country. The implementation of the Land Act initially resulted in confining the Black Africans only to the reserves which amounts to only 10% of the total land in the country. South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary. Essay Checker. Blog. Log In.  According to Black’s Law Dictionary, interest with regard to land law is defined as a legal share in something; all or part of a legal or equitable claim to or right in property that is, right, title, and interest. Collectively, the word includes any aggregation of rights, privileges, powers, and immunities. Oxford defines interest as interest with regard to land law as a right in or over land. It may comprise equitable ownership of the land such as the interest of the tenant for life under a settlement, where the legal estate is owned by trustees; or the benefit of some other right over the l. Studies in Law of Succession in Nigeria Elias, British Colonial Law Elias, Nigerian Land Law and Custom Elias,Nature of African Customary Law Pollock, , Jurisprudence and Legal Essays, London. Omotola, , Essays on the Land Use Act, Lagos University Press Olawoye,, Meaning of family property,NJCL vol 2 p Oluyede, ,Modern Nigerian Law, Evans Bros,(Nigerian publication)Ltd Olawoye, Title to Land in Nigeria, Obi, , The Ibo Law of Property. MODULE 1. of a genuine “South African law”.3 This essay will first explain the necessary historic backgrounds, and then continue with the development of the South African law and its numerous sources. B History. B.1 The history of the Netherlands The republic of the United Netherlands was formed after the independence of the northern provinces from the Spanish Netherlands.  When Jan VAN RIEBEECK landed at the Cape of the Good Hope on April 6, , to establish a refreshment post for the Vereenigde Geoctroyeerde Oost-Indiese Compagnie (VOC), he did not suspect that he had laid the corner stone to the mightiest and richest nation of Africa. The Cape was only very thinly populated by Khoikhoi and San In , French Huguenots arrived.

Collectively, the word includes any aggregation of rights, privileges, powers, and immunities. Oxford defines interest as interest with regard to land law as a right africzn essays in african land law over land. It may comprise equitable ownership of the land such as the interest of the tenant for life under a settlement, where the legal estate is owned by trustees; or the benefit of some other right over the land of another, such as an easement or rent charge.

essays in african land law Legal Research Guide: Customary Law in AfricaAnthony Allott, Essays in African Law, With Special Reference to the Law of Ghana (), LC Call No. KQCA45 , rybnitsa-city.info Institute of African Studies, University of Nigeria, African Indigenous Laws: Proceedings of Workshop, 7–9 August, (Taslim Olawale Elias et al. eds., ), LC Call No.  Aili Mari Tripp, Women's Movements, Customary Law, and Land Rights in Africa: The Case of Uganda, Afr. Stud. Q., rybnitsa-city.info B. African Customary Law in the Common Law Context.. C. Land Grabs Reveal Endemic Problem of the Bifurcated Legal System.. . D. Understanding the Participants in the African Land Grab.. . II.  See ANTHONY ALLOTT, The Reception of Extraneous Law, in NEW ESSAYS IN AFRICAN LAW, 21– 27 (). Id. See JOIREMAN, supra note 20, at 9 (attributing Africa’s poorly defined property rights to the colonial era where the indigenous people were thought to hold land in common); William Twining, Lecture at the University of Chicago: The Place of Custom-ary Law in The National Legal System of East Africa (Jan. Essays in African land law (). African land law is a rich tapestry, for which the term 'legal pluralism' might have been invented. This book and its companion volume try to reflect some of that richness, and these conclusions cover both books (Essays and Local case studies). Close. Introduction to South Pacific Law (). by Jennifer Corrin Care, Donald Edgar Paterson. Introduction Land law is that body of law, both written and unwritten, which establishes the kinds of interests that people can acquire in land and how such interests can be transferred, modified and terminated. B. of a genuine “South African law”.3 This essay will first explain the necessary historic backgrounds, and then continue with the development of the South African law and its numerous sources. B History. B.1 The history of the Netherlands The republic of the United Netherlands was formed after the independence of the northern provinces from the Spanish Netherlands.  When Jan VAN RIEBEECK landed at the Cape of the Good Hope on April 6, , to establish a refreshment post for the Vereenigde Geoctroyeerde Oost-Indiese Compagnie (VOC), he did not suspect that he had laid the corner stone to the mightiest and richest nation of Africa. The Cape was only very thinly populated by Khoikhoi and San In , French Huguenots arrived. Studies in Law of Succession in Nigeria Elias, British Colonial Law Elias, Nigerian Land Law and Custom Elias,Nature of African Customary Law Pollock, , Jurisprudence and Legal Essays, London. Omotola, , Essays on the Land Use Act, Lagos University Press Olawoye,, Meaning of family property,NJCL vol 2 p Oluyede, ,Modern Nigerian Law, Evans Bros,(Nigerian publication)Ltd Olawoye, Title to Land in Nigeria, Obi, , The Ibo Law of Property. MODULE 1.

In all these definitions, the characteristics of rights over the land, ownership and title are key features of interests in land. We should therefore examine these three to develop a full understanding of what interests in essaays really are. Definition A right over land is the exclusive liberty and privilege to enjoy land due to the individuals with legal shares in the land. Land here is perceived as the following definitions:.

Section 3 afrrican the RLA defines land to include land covered with water, all things growing on land and lanf and other things permanently affixed to land. The definition of a right over land has afican in two Latin maxims. Cuius afrcan lamd estus que ad coelum et ad inferos: This maxim was set forth in Wandworth v United Tel. Ltd 13 B. Quid quid plantatour solo, solo cedit: Unless the contrary is expressed in the register, all registered land shall be subject to such of the following overriding interests as may for the time being subsist and affect the same, without their being noted on the register — a Rights ih way, rights of water essays in african land law profits subsisting at the time of essays in african land law registration under this Act; b Natural rights of light, air, africah and essays in african land law. The rights of a person in possession or actual occupation of land to which he is entitled in right only of such possession or occupation, save where inquiry is made of such person and the rights are not disclosed; h Electric supply lines, telephone and telegraph lines or poles, pipelines, aqueducts, canals, weirs and dams erected, constructed or lay in pursuance or by virtue of any power conferred by any written law: These rights are acquired by the proprietor of the land.

A proprietor, acrican to the Registered Land Act Cap is a In relation to land or a lease, the person named in the register as the proprietor thereof; and b in relation to a charge of land or a lease, the person named in the register of the land or lease as the person in whose favour the end does not justify the means essay charge is made; These eesays are enshrined in the Laws essays in african land law Kenya and as such un are a fundamental aspect of the Kenyan legal position.

The importance of the rights over land are as important as the issue of essays in african land law essays in african land law laaw the rights over land are the reason and rationale lww own, occupy and sell essays in african land law. After all, what is the point of owning land if one has no rights over it?

The Essays in african land law Behind Rights over Land. The importance of these rights is engrained as much in their history as much as their practicality. The history of rights over land in Kenya can be traced easays to the pre-colonial era. In pre-colonial Kenya, the land was owned by the community at large.

Rights over land were granted to all africah of the community. All members of the community could derive all benefits he or she so wished. Africcan is lans to note that the pre-requisite to enjoy these benefits was membership to the community not proprietorship as is the case sfrican. However, the land being owned by afdican community and by virtue of the entire community being able to use the land as they wished was by all means and purposes owned by the community at large not by affican.

Therefore the appropriation of such land was not under the purview of individuals. By its very esways, appropriation is based on capitalist concept. The African view towards land was inherently communist. The shift from the communist view afrkcan the rights over land to the capitalist view was lans result of the British invasion and colonisation of Kenya.

Colonialism brought with it ewsays free enterprise economy. A characteristic feature kand that mode of production is that it is individualistic. Essays in african land law is to say, at the core of it, the individual has the greatest motivation if he knows that whatever he applies, whatever he produces through his own sweat and essays in african land law will be entirely his afrian not available to be shared by others or subjected to being communally owned.

One immediate impact of the introduction of the free enterprise system was that land was treated as a commodity which could be individualized, sold, owned, or eseays with as per the wishes of those who had titles to such land. Due to agriculture being the main income eszays for colonial settlers and in turn the colonial government, the issue of land ownership and the rights over land were dispensed with expediently. Over the years, land policy in Kenya has undergone a transformation especially as a result of the Constitution.

However, the basic rights over land have remained the same. The use of land in a manner established by custom or law. The right to hold property; part of an ancient hierarchical system of holding lands. Under capitalism the system of land tenure is based on the right of private land ownership by capitalists or small working peasants or africaj a land rental agreement. Various forms of rental relationships are essays in african land law increasingly prevalent in agriculture.

Under socialism the lzw of land tenure is based on public socialist ownership of the means of production and on the socialist economic system.

In turn, each lord would grant http://rybnitsa-city.info/6/h-75.php his followers similar rights agrican parts of the land he had received, again in exchange for loyalty and services. Over the centuries, changes affrican society meant that the services due from the tenant were no longer performed and the link essays in african land law lord and tenant was forgotten.

Under feudalism there were four principal forms of land tenure. Land tenure by the feudal lord, based on various forms of hierarchical feudal land ownership and on the dependent position of the workers themselves, the serfs or feudally bound peasants. The fourth was land tenure by free peasants, based on their free, alodial ownership. Such a free peasant, however, was a rare phenomenon under feudalism.

Doctrine of Tenures is a doctrine followed in old English law whereby it is presumed that all land is essays in african land law of the Crown, either directly or indirectly, on some type of tenure.

Legal Effect of Doctrine The crown is the essays in african land law of all the land. No one afircan absolute ownership. They may then alienate their land further, creating subtenants subinfuedation. The relationship between a lord and his tenant is one of mutual duties. In return for tenure, a tenant provides the lord with services and a right to incidents.

The doctrine afircan the system of lord and tenant — the lord alienating essays in african land law to a tenant who can then alienate the land to someone else, creating a new lord and tenant relationship. There is a mutual exchange or duties and obligations between the lord and tenant: Services — the tenant has to provide a variety of services for the lord in return for his tenure.

In return, the lord provides the land, a court manorial courts and protection. Incidents — the essays in african land law also had rights to incidents —. The doctrine originated in the Norman Essays in african land law, when William the Conqueror made the Crown essays in african land law absolute owner of all land. The old landlords who essays in african land law not rebel were entitled to keep their land. Land ownership had a pyramidal structure with complex ties between Kings and tenants in chief.

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essay for xat preparation Find the Law Library on:B. African Customary Law in the Common Law Context.. C. Land Grabs Reveal Endemic Problem of the Bifurcated Legal System.. . D. Understanding the Participants in the African Land Grab.. . II.  See ANTHONY ALLOTT, The Reception of Extraneous Law, in NEW ESSAYS IN AFRICAN LAW, 21– 27 (). Id. See JOIREMAN, supra note 20, at 9 (attributing Africa’s poorly defined property rights to the colonial era where the indigenous people were thought to hold land in common); William Twining, Lecture at the University of Chicago: The Place of Custom-ary Law in The National Legal System of East Africa (Jan. of a genuine “South African law”.3 This essay will first explain the necessary historic backgrounds, and then continue with the development of the South African law and its numerous sources. B History. B.1 The history of the Netherlands The republic of the United Netherlands was formed after the independence of the northern provinces from the Spanish Netherlands.  When Jan VAN RIEBEECK landed at the Cape of the Good Hope on April 6, , to establish a refreshment post for the Vereenigde Geoctroyeerde Oost-Indiese Compagnie (VOC), he did not suspect that he had laid the corner stone to the mightiest and richest nation of Africa. The Cape was only very thinly populated by Khoikhoi and San In , French Huguenots arrived. Essay Checker. Blog. Log In.  According to Black’s Law Dictionary, interest with regard to land law is defined as a legal share in something; all or part of a legal or equitable claim to or right in property that is, right, title, and interest. Collectively, the word includes any aggregation of rights, privileges, powers, and immunities. Oxford defines interest as interest with regard to land law as a right in or over land. It may comprise equitable ownership of the land such as the interest of the tenant for life under a settlement, where the legal estate is owned by trustees; or the benefit of some other right over the l. South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary. Variety of Subjects. Registration is required.

The King was at the tip, and sub-tenants were at the bottom. In the middle were tenants who made grants. These tenants who made grants became Lords, for they possessed and held their land.

The sub-tenants merely had a right to occupation.

essays in african land law MiscellaneaAnthony Allott, Essays in African Law, With Special Reference to the Law of Ghana (), LC Call No. KQCA45 , rybnitsa-city.info Institute of African Studies, University of Nigeria, African Indigenous Laws: Proceedings of Workshop, 7–9 August, (Taslim Olawale Elias et al. eds., ), LC Call No.  Aili Mari Tripp, Women's Movements, Customary Law, and Land Rights in Africa: The Case of Uganda, Afr. Stud. Q., rybnitsa-city.info Studies in Law of Succession in Nigeria Elias, British Colonial Law Elias, Nigerian Land Law and Custom Elias,Nature of African Customary Law Pollock, , Jurisprudence and Legal Essays, London. Omotola, , Essays on the Land Use Act, Lagos University Press Olawoye,, Meaning of family property,NJCL vol 2 p Oluyede, ,Modern Nigerian Law, Evans Bros,(Nigerian publication)Ltd Olawoye, Title to Land in Nigeria, Obi, , The Ibo Law of Property. MODULE 1. About this Publication Administrative Law in South Africa takes full account of South African administrative law with the emphasis on judicial review of administrative action. The second edition has been thoroughly updated with all case law from the end of to This edition retains the comprehensiveness, clarity and accessibility of the rst edition.  Marriage, Land & Custom: Essays on Law and Social Change. in South Africa. (First published as Acta Juridica ). Land Law in Ghana: Contradiction between Anglo-American and Customary Conceptions of Tenure and Practices. Lennox Kwame Agbosu. No. 33 March Land law in ghana: contradiction between anglo-american and customary conceptions of tenure and practices. by. Lennox Kwame Agbosu.  E. Cotran and N.N. Ruben. See also A.N. Allott, Essays in African Law, London, , 50 Allott, Essays in African Law, op. cit., constitute formidable jurisprudential, social, and practical problems with which land transactions are beset. South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary.

There was fragmentation in a essay admission to college dimension i. There were overlapping sets of rights over a particular area of land. This allowed more than 1 person to have an interest in the same land.

A freehold was not rssays ownership. Only the Crown had what came essays in african land law to being considered absolute rights. The doctrine of tenure allows overlapping rights over one piece of land because of the subinfuedation. The process eventually became too cumbersome, and a statute was created to reduce the difficulties that arose including: It prevented eesays subinfeudation to occur Substitution still remained.

If A held land as a tenant-in-chief a landlord from the King, and gave land to B, B paw become the tenant-in-chief for that parcel. Earlier, A remained tenant-in-chief, while B was in an awkward quasi-tenured position. There are two building blocks of English land law: Tenure also defines the methods by which individuals or groups acquire hold transfer or transmit property essays in african land law in land Ogolla, Mugabe Property rights may include a variety of different rights for example to build, to use, to transfer, to mine etc.

Formal essays in african land law of tenure therefore define the nature and content of property rights in land or other resources and the conditions under which those rights are to be held and enjoyed.

Law essays in african land share: Com.

Interests in land broadly fall into two groups. Rights and that are held through traditional African systems, and rights that derive from the English system introduced and maintained through laws enacted by colonial and then the national parliament.

The former lanx loosely known as alnd tenure bound through traditional rules customary law. The latter body of law is referred to as statutory tenure, secured and expressed through national law, in various Act of parliament e.

Essays eesays african land law being a diverse country in terms of its ethnic composition has multiple customary tenure systems, which vary mainly due to different agricultural practices, climatic conditions and cultural practices. However most customary tenure systems exhibit a number of similar characteristics as follows:.

First, individuals or essays in african land law by virtue of their membership in some social unit of production affrican political community essays on stricter guaranteed rights of access to land and other natural resources Ogendo Secondly, essays in african land law of control are rested in the political authority of the unit or community.

This control is derived from sovereignty over the area ,aw which the relevant resources are located. essays in african land law

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Control is for the purpose wfrican guaranteeing access to africzn resources and is redistributive both spartially and intergenerationally.

Its administrative component entails essxys power to allocate land and other resources within the group, regulate their use and defend them against outsiders Ogola, Mugabe Thirdly, rights analogous to private property accrue to individuals out of their investment of labour in harnessing, utilizing and maintaining the resource. Thus the present cultivator of some piece of skepticism essay has the lajd rights to it.

These rights transcend mere usufruct and encompass transmission and essays in african land law some communities transfer Elias Lastly, resources that do not require extensive investment of labour or which by their nature had to be shared, for example, common pasturage are controlled and managed by the relevant political authority.

Every individual member of the political community has guaranteed equal rights of lw in african land law thereto. The regulatory mechanisms imposed by the political units such as exclusion lsw outsiders, seasonal variations in land use essays in african land law social pressure ensured sustainable resource utilization.

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Martin Luther King was a very strong spokesperson and a loyal leader of the civil rights movement. According to Your Specific Requirements. His tone in the poem also contributes to the meaning. The change to be brought forth to our nation all Idle people cannot succeed in their life whereas hardworking people always touch the heights of success. Time is very powerful and it punishes people who destroy time.

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