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Initial Insights on Land Adjudication in a Fit-for-Purpose Land Administration

: Lengoiboni, Monica; Richter, Christine; Asperen, Paul van; Zevenbergen, Jaap

Fulltext urn:nbn:de:0011-n-6360691 (243 KByte PDF)
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Created on: 18.6.2021

Land 10 (2021), No.4, Art. 414, 16 pp.
ISSN: 2073-445X
Journal Article, Electronic Publication
Fraunhofer IMW ()
community-based land adjudication; components of adjudication; fit-for-purpose land administration; land rights; land tenure

Land adjudication constitute a series of sequential steps that if followed carefully and correctly, can lead to a sufficient determination of the varied interests in land including whether, and where they overlap, complement, conflict or compete with each other. This is a preliminary study aiming to find out how the adjudication process as it is conducted in the context of a fit-for-purpose land administration (FFPLA). A framework of components for adjudication in the FFPLA context is first developed. Further, the steps involved in accomplishing the adjudication components are compiled, assessed, and discussed from the perspective of the theory of collaborative governance. The study poses questions for consideration by implementers of land tenure documentation activities on how to identify the interests in land as they exist in their undocumented form. An understanding of the interaction between different types of interests in land in undocumented form as defined from the perspective of the communities themselves rather than from the law, could help assess which tenures and their attributes can overlap or complement each other, or inform how they equate to specific rights in the legal perspective with minimal conflicts.