Why Real Estate Ownership Security cannot be assured via Land Registration in Sub-Saharan Africa

Author： Raymond T. Abdulai and Daniel Domeher (School of the Built Environment   Liverpool John Moores University   Liverpool   UK)  

Publisher： Nova Science Publishers, Inc.‎

Publication year： 2013

E-ISBN: 9781619426870

Subject： D73/77 National Politics

Keyword： Africa

Language： ENG

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Description

It is often argued that land registration is the answer to insecurity of real estate ownership in sub-Saharan Africa. This argument is based on the presumption that there is ownership security in the advanced world because every real estate is registered. However, a lot of studies conducted in the developing world have established that ownership security cannot be assured via land registration. This book critically analyzes the theoretical principles that underpin land registration systems in order to provide more insights as to why land registration cannot guarantee ownership security. It also examines the nexus between security of ownership and investment.

Chapter

WHY REAL ESTATE OWNERSHIP SECURITY CANNOT BE ASSURED VIA LAND REGISTRATION IN SUB-SAHARAN AFRICA

WHY REAL ESTATE OWNERSHIP SECURITY CANNOT BE ASSUREDVIA LAND REGISTRATION IN SUB-SAHARAN AFRICA

LIBRARY OF CONGRESS CATALOGING-IN-PUBLICATION DATA

CONTENTS

PREFACE

ACKNOWLEDGMENTS

AUTOBIOGRAPHICAL NOTES

Chapter 1 PROLOGUE

ABSTRACT

1.1. INTRODUCTION

1.2. LAND REGISTRATION AND LANDED PROPERTY OWNERSHIP SECURITY

1.3. IMPACT OF LANDED PROPERTY OWNERSHIP SECURITY ON INVESTMENT

1.4. REAL DRIVERS OF INVESTMENT

1.4.1. Ability to Invest

1.4.2. Government Support

1.5. DEFINITION OF SUB-SAHARAN AFRICA

CONCLUSION

Chapter 2 PROPERTY RIGHTS THEORY

ABSTRACT

2.1. INTRODUCTION

2.2. AN EXPLANATION OF PROPERTY RIGHTS

2.3. SYSTEMS OF PROPERTY RIGHTS

2.3.1. Public Property Rights System

2.3.2. Private Property Rights System

2.4. THEORIES ON THE ORIGIN OF PROPERTY RIGHTS

2.4.1. First Occupancy Theory

2.4.2. Labour Theory

2.5. ORIGINS AND DEVELOPMENT OF LANDED PROPERTY RIGHTS AMONG ETHNIC GROUPS IN SSA

2.6. ECONOMIC IMPORTANCE OF PROPERTY RIGHTS

2.6.1. Internalization of Externalities

2.6.2. Allocation of Resources

CONCLUSION

Chapter 3 BASES OF EQUATING LAND REGISTRATION TO REAL ESTATE OWNERSHIP SECURITY

ABSTRACT

3.1. INTRODUCTION

3.2. AN EXPLANATION OF REAL ESTATE OWNERSHIP SECURITY

3.3. LAND REGISTRATION SYSTEMS

3.4. WHY LAND REGISTRATION IS EQUATED TO OWNERSHIP SECURITY

3.4.1. Title Warranty Provided by the State

3.4.2. Publicity Function of Land Registration

3.4.3. Legality of Ownership

3.5. ROLE OF LAND REGISTRATION

3.6. DETERMINANTS OF REAL ESTATE OWNERSHIP SECURITY

3.6.1. Societal and Legal Recognition of Landed Property Rights

3.6.2. Availability of Landed Property Rights Dispute Resolution and Enforcement Institutions

3.6.3. Clear Landed Property Boundary Demarcation

3.6.4. Real Estate Ownership Insurance

CONCLUSION

Chapter 4 SUMMARY AND POLICY IMPLICATIONS

4.1. SUMMARY

4.2. POLICY IMPLICATIONS

REFERENCES

INDEX

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