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Journal articles on the topic 'Freehold land'
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1
Margeot, M. Y. G. H. "Freehold land tenure: Problems and prospects." Development Southern Africa 4, no. 3 (August 1987): 531–37. http://dx.doi.org/10.1080/03768358708439340.
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Neilsen, Allan D., and Christopher B. Manderville. "Seismic Access Issues." Alberta Law Review 40, no. 1 (May 1, 2002): 1. http://dx.doi.org/10.29173/alr500.
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This article examines the legal relationship between an owner of petroleum and natural gas rights and other interested parties when it comes to seismic operations. While rules on access to Crown lands and freehold surface have been rather clearly delineated, the rules pertaining to seismic operations on freehold land are not as clear. Case law from the United States is helpful, though limited in scope, mostly old, and sometimes based on different ownership theories.
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Coldham, Simon. "Land Reform and Customary Rights: The Case of Uganda." Journal of African Law 44, no. 1 (2000): 65–77. http://dx.doi.org/10.1017/s0021855300012043.
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This article examines the Ugandan Land Act, 1998, which seeks to transform land relations throughout the country both by settling once and for all the vexed question as to the relative rights of “owners” and “tenants” of mailo land, and by providing procedures whereby persons may apply either for certificates of customary ownership or for freehold titles to their land. While the Act recognizes that in some areas it may be more appropriate for land to be held communally, it is the long-term aim that most land should be held on individual freehold title. However, the negotiability of such a title is undermined by a variety of provisions designed to protect customary rights.
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Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.
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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.
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Catling, PC, and RJ Burt. "Why are red foxes absent from some eucalypt forests in eastern New South Wales?" Wildlife Research 22, no. 4 (1995): 535. http://dx.doi.org/10.1071/wr9950535.
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The distribution and abundance of red foxes, other mammalian predators and their ground-dwelling mammalian prey were examined in 29 areas of two major regions of eucalypt forests in eastern New South Wales. In the southern region, red foxes and cats were abundant. Dingoes (andor wild dogs) were in low abundance or absent, spotted-tailed quolls were rare and medium-sized mammals (0.2-6 kg) scarce. In the northern region, red foxes were in low abundance and absent from some areas, such as parts of Chilelundi State Forest, where dingoes, cats, spotted-tailed quolls and medium-sized mammals were abundant. In both regions, small mammals (<200g) were widespread, but they varied greatly in abundance, and large mammals (>6kg) were widespread and generally abundant. Reasons for the absence or low abundance of red foxes in some areas were examined. Factors assessed were as follows: (i) relative abundance of other predators; (ii) abundance of mammalian prey; (iii) absence of European rabbits; (iv) habitat and its structure; (v) proximity to freehold land; and (vi) presence of roads. Distance from freehold land most adequately explained the absence of red foxes from some forests. Red foxes were present in all forests less than 2 km from freehold land and were in highest abundance in forests close (<1km) to freehold land. Severe disturbance such as clearing for grazing or agriculture appears to play some part in the distribution and abundance of the red fox and the demise of the medium-sized grounddwelling mammals.
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Irumba, Richard. "An empirical examination of the effects of land tenure on housing values in Kampala, Uganda." International Journal of Housing Markets and Analysis 8, no. 3 (August 3, 2015): 359–74. http://dx.doi.org/10.1108/ijhma-11-2014-0044.
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Purpose – The purpose of this paper is to investigate the impact of land tenure on housing values in metropolitan Kampala. Design/methodology/approach – A hedonic model is used to test the relationship between housing prices, land tenure and housing attributes using a cross-sectional dataset of transaction prices for 590 newly built houses sold in 2011. Findings – Public leaseholds in Kampala offer a premium of 23 per cent in housing values compared to freeholds. This could be due to a lack of formal systems for the assessment of leasehold premium and ground rent charges, an arrangement which can offer utility to the lesse at the expense of lessor, thereby making leaseholds popular on the market, or the developers’ lack of information on the benefits of freehold causing them to value leaseholds higher than freeholds. Similarly, private mailo tenure offers a 12 per cent premium in housing values compared to freeholds. There is no significant impact of Kabaka’s mailo tenure on housing values. When compared to private mailo, public leaseholds offer an 11 per cent premium in housing values. Practical implications – There is a need to advance leasehold as the urban land tenure for Uganda, disentangle multiple-layers of ownership on mailo land and roll out the land fund to enhance growth of the housing market in Kampala. Originality/value – This paper is the first of its kind to empirically examine the impact of mailo land tenure on housing values. Findings provide useful insights for investors and policymakers in the housing sector in Uganda.
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Giana, Gemala, Kurnia Warman, and Zefrizal Nurdin. "Legal Protection to the Holder of Freehold Estate Certificate for Land in Nagari Gadut of Agam Regency." International Journal of Multicultural and Multireligious Understanding 6, no. 2 (May 20, 2019): 502. http://dx.doi.org/10.18415/ijmmu.v6i2.733.
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This research affirmed that at the end of 2013, the Indonesian Air Force claimed land located in Nagari Gadut, especially in the area of Jorong PSB (Pulai Sungai Talang Bukit Lurah) and Jorong PGRM (Pandam Gadang Ranggo Malai) as land owned by Indonesian Air Force. In fact, the local community already has a freehold estate certificate for the land. The problems in this research include: (1) how is the process of freehold estate registration in Nagari Gadut of Agam Regency claimed by the Indonesian Air Force? (2) What is the status of the community land in Nagari Gadut of Agam Regency after the claim from the Indonesian Air Force? (3) What is the legal protection for the holder of freehold estate certificate for land in Nagari Gadut of Agam Regency? This research applies an empirical juridical method and is included in descriptive analytical research. The data collection was carried out through document study and interview techniques. The data processing techniques included editing and coding. Based on the research results, it is concluded that: (1) In the process of registering land in the Japanese government’s former booty area, the rights were derived through conversion. In general, the registration of land from which rights are derived through conversion is carried out through two stages, i.e. activities at the customary level and activities at the government level. (2) After the claims from Indonesian Air Force at the end of 2013, community’s land in Nagari Gadut especially Jorong PSB and Jorong PGRM was in the status quo. (3) As long as there is no inkracht decision by the court, the land remains the property of the community. In addition, if the land is required by the Indonesian Air Force for public purposes, it can be resolved through a land acquisition mechanism.
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Manatsha, Boga Thura. "Chiefs and the Politics of Land Reform in the North East District, Botswana, 2005–2008." Journal of Asian and African Studies 55, no. 1 (August 15, 2019): 111–27. http://dx.doi.org/10.1177/0021909619868738.
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The North East District has the most contentious land question in post-colonial Botswana. Most of its land was expropriated by a colonial syndicate called the Tati Concessions (Tati Company) in the 1880s. Chunks of said land are still held under freehold titles resulting in the district experiencing severe land scarcity, especially for communal use. In a continuous effort to address this problem, the government purchased 19 freehold farms between 2005 and 2008 (about 20000 hectares) for redistribution. The process was carried out under the leadership of the Tati Land Board and North East District Administration while the chiefs and their communities were marginalised. This oversight and marginalisation of traditional leaders and their communities undermine the Chieftainship Act, which mandates the chiefs to actively promote the welfare of their tribes, inform them about developments and government policies. Using the participatory democracy theory, the article examines this land reform from the point of view of the local chiefs. It concludes that the marginalisation of the chiefs amounted to ‘community exclusion’ rendering the reform anti-redistributive.
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Price, Owen, and Bryan Baker. "Fire regimes and their correlates in the Darwin region of northern Australia." Pacific Conservation Biology 13, no. 3 (2007): 177. http://dx.doi.org/10.1071/pc070177.
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A nine year fire history for the Darwin region was created from Landsat imagery, and examined to describe the fire regime across the region. 43% of the region burned each year, and approximately one quarter of the fires occur in the late dry season, which is lower than most other studied areas. Freehold land, which covers 35% of the greater Darwin region, has 20% long-unburnt land. In contrast, most publicly owned and Aboriginal owned land has very high fire frequency (60-70% per year), and only 5% long unburnt. It seems that much of the Freehold land is managed for fire suppression, while the common land is burnt either to protect the Freehold or by pyromaniacs. Generalized Linear Modelling among a random sample of points revealed that fire frequency is higher among large blocks of savannah vegetation, and at greater distances from mangrove vegetation and roads. This suggests that various kinds of fire break can be used to manage fire in the region. The overall fire frequency in the Darwin region is probably too high and is having a negative impact on wildlife. However, the relatively low proportion of late dry season fires means the regime is probably not as bad as in some other regions. The management of fire is ad-hoc and strongly influenced by tenure. There needs to be a clear statement of regional fire targets and a strategy to achieve these. Continuation of the fire mapping is an essential component of achieving the targets.
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CHASE, MALCOLM. "Out of Radicalism: the Mid-Victorian Freehold Land Movement." English Historical Review CVI, no. CCCCXIX (1991): 319–45. http://dx.doi.org/10.1093/ehr/cvi.ccccxix.319.
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Shittu, Adebayo Musediku, Mojisola Olanike Kehinde, Maria Gbemisola Ogunnaike, and Funminiyi Peter Oyawole. "Effects of Land Tenure and Property Rights on Farm Households’ Willingness to Accept Incentives to Invest in Measures to Combat Land Degradation in Nigeria." Agricultural and Resource Economics Review 47, no. 2 (August 2018): 357–87. http://dx.doi.org/10.1017/age.2018.14.
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Influence of land tenure and property rights (LTPRs) on farmers’ willingness to accept (WTA) incentives to embrace climate-smart agriculture (CSA) to combat land degradation was examined with choice experiment data collected from 1,138 farmers drawn across 16 States in Nigeria. Data analysis within random-effect and mixed logit framework revealed the existence of strong linkages between the payment vehicle, LTPRs and farmers’ CSA preferences. While farmers who were dependent on leased and/or communal lands expressed implicit dislike for CSA-related investments, the majority with freehold titles, particularly those with registered titles, expressed positive WTA incentives to embrace CSA and combat land degradation.
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Barrows, Richard, and Michael Roth. "Land Tenure and Investment in African Agriculture: Theory and Evidence." Journal of Modern African Studies 28, no. 2 (June 1990): 265–97. http://dx.doi.org/10.1017/s0022278x00054458.
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Economists using a narrowly defined neo-classical model have derived the hypothesis, often treated as an empirically demonstrated proposition, that traditional African systems of ‘communal’ land tenure are inefficient when land has scarcity value. By way of contrast, individualised tenure, typically defined as demarcation and registration of freehold title, is viewed as superior because owners are given incentives to use land most efficiently and thereby maximise agriculture's contribution to social well-being.
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Leew, Edward A., and Michael A. Thackray. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 41, no. 1 (July 1, 2003): 245. http://dx.doi.org/10.29173/alr499.
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The purpose of this paper is to provide a brief review of recent Canadian judicial decisions of interest to oil and gas lawyers. The authors have surveyed Canadian case law in the areas of contract, rights, government regulation, freehold leases, land titles, surface rights, trusts and tax.
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Terzibaşoğlu, Yücel. "Landlords, Refugees, and Nomads: Struggles for Land around Late-Nineteenth-Century Ayvalik." New Perspectives on Turkey 24 (2001): 51–82. http://dx.doi.org/10.1017/s0896634600003496.
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Throughout the Ottoman Empire, land was always the major source of revenue and surplus and thus inevitably a major source of contention. Myriad property-rights disputes were recorded in the registers of the local kadı courts and archives of the various ministries in Istanbul. Conflicts over the agricultural surplus revealed in such documentation demonstrate, for instance, that peasants in the sixteenth century not only contested taxes imposed on them but also opposed the illegal transfer of land titles by the sipahis (İnalcık 1997, p. 72). By the middle of the sixteenth century, the practice of selling state-owned miri lands–which by legal definition could not be bought or sold–had become widespread, sometimes even confirmed by the rulings of the local kadı courts. The stamp of şeriyye implicit in the kadı's ruling meant in effect that the land subject to sale was taken out of the miri land regime and placed in the legal category of freehold mülk lands (İnalcık 1997, p. 112).
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Kean, Louise, and Owen Price. "The extent of Mission grasses and Gamba Grass in the Darwin region of Australia's Northern Territory." Pacific Conservation Biology 8, no. 4 (2002): 281. http://dx.doi.org/10.1071/pc030281.
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Mission grasses Pennisetum polystachion (L.) Schult. and P. pedicellatum (Trin) and Gamba Grass Andropogon gayanus (Kunth) are three weed species that are thought to be spreading rapidly in the vicinity of Darwin and may pose a major threat to ecosystems in northern Australia. The distribution of the species was assessed from a vehicle along 913 km of roads near Darwin. The study provided data on the potential source of further spread and an analysis of the potential habitat of the weeds. For analysis, roadsides were divided up into 200 m cells and the distributions of the grasses were compared against land tenure and broad land unit maps, Mission grasses were present in approximately 52% of cells, and were particularly common around the rural residential/horticultural area of Humpty Doo. They occurred equally commonly in all broad land units, but differed among tenures, being particularly common on freehold land. Gamba Grass occurred in 15% of cells, with hot spots in a number of areas. It was most common on freehold land, and was rare on conservation reserves. It also showed an association with broad land units reflecting wetter areas. Mission grasses are so widespread in the Darwin region that control can only be contemplated in very small areas requiring frequent treatment of re-invading plants. It may be possible to control Gamba Grass in conservation reserves and Crown land if prompt action is taken. For all three species, preventing their spread to new areas should be a high priority.
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Leew, Edward A., and Michael A. Thackray. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 30, no. 1 (February 1, 1992): 308. http://dx.doi.org/10.29173/alr690.
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The purpose of this paper is to provide a brief review of recent Canadian judicial decisions rendered to June 1991 and of interest particularly to oil and gas lawyers. The authors have surveyed Canadian case law in the areas of the environment, surface rights, contract, government regulation, land titles, tax, freehold leases and creditor's rights.
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Lawes, M. J., R. Greiner, I. A. Leiper, R. Ninnis, D. Pearson, and G. Boggs. "The effects of a moratorium on land-clearing in the Douglas-Daly region, Northern Territory, Australia." Rangeland Journal 37, no. 4 (2015): 399. http://dx.doi.org/10.1071/rj15014.
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Land-clearing represents the first step in agricultural development and signals a shift in landscape function towards provisioning ecosystem services, in particular food production. In the process, other types of ecosystem services are often unintentionally lost as illustrated by the associated decline in biodiversity, increased soil erosion and emission of greenhouse gases. In 2003, the Northern Territory state government in Australia promulgated a moratorium on the clearing of native vegetation on freehold land in the Douglas-Daly river catchment, an area experiencing increasing pressure from agricultural development. The moratorium was intended to limit the rate and extent of land-clearing for a period of time so that informed policy could be concurrently developed to guide future land-clearing and minimise negative impacts. Under the moratorium, land-clearing required a permit and had to conform to broad guidelines; clearing was confined to freehold land, was prohibited in close proximity to wetlands, rivers and rainforest to safeguard water quality, and there were prescribed limits on percentages cleared by property, vegetation type, sub-catchment, and the whole catchment. Remotely sensed data (1977–2011) were used to explore the effectiveness of the moratorium. The analysis shows that, during moratorium years (2002–2009), clearing rates accelerated rather than slowed in the moratorium area and was mostly (81%) conducted without the required permits. The extent of land cleared after the moratorium was declared, and the fallow nature of some of this land a decade later, suggests that much of the land-clearing may have been completed in anticipation of stricter future controls. The moratorium failed because it was not formally legislated and was too broadly defined. Consequently, the non-binding nature of the land-clearing guidelines, and the absence of systematic monitoring of land cover change or penalties for clearing land without a permit, led to uninformed and uncontrolled clearing. This paper demonstrates that effective policy is only as good as its level of implementation.
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Mujere, Joseph, and Admire Mseba. "The Politics of African Freehold Land Ownership in Earlycolonial Zimbabwe, 1890–1930." African Economic History 47, no. 1 (2019): 32–53. http://dx.doi.org/10.1353/aeh.2019.0002.
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Mackenzie, Fiona. "Land and territory: the interface between two systems of land tenure, Murang'a District, Kenya." Africa 59, no. 1 (January 1989): 91–109. http://dx.doi.org/10.2307/1160765.
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Introduction: ‘Land Reform’ and Rural SecurityThe objective of this paper is to examine the nature of the interface between two systems of land tenure in an area of smallholdings, Murang'a District, Central Province, Kenya. The first, the ng'undu system, evolved in the fertile, dissected plateau area east of the Nyandarua Range since the Kikuyu migrated there in the early seventeenth century (Muriuki, 1974: 62–82; Government of Kenya, 1929: 6); the second, a freehold system of individual land tenure, was introduced by the colonial state in the mid-1950s as a political instrument to counter the force of Mau Mau (Lamb, 1974; Leys, 1975). The latter system, it was intended, would replace the former, thereby laying the basis for an intensification of African agriculture which was also, under the Swynnerton Plan, to include production for the urban and export markets (Heyer, 1981; House and Killick, 1983). Commitment to this same principle continues to inform present agricultural policy (Government of Kenya, 1984a, Kenya Development Plan 1984–1988, p. 187; 1986,: 88).
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Bell, Adrian R., Chris Brooks, and Helen Killick. "A reappraisal of the freehold property market in late medieval England." Continuity and Change 34, no. 3 (December 2019): 287–313. http://dx.doi.org/10.1017/s0268416019000316.
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AbstractThis article re-examines the late medieval market in freehold land, the extent to which it was governed by market forces as opposed to political or social constraints, and how this contributed to the commercialisation of the late medieval English economy. We employ a valuable new resource for study of this topic in the form of an extensive dataset on late medieval English freehold property transactions. Through analysis of this data, we examine how the level of market activity (the number of sales) and the nature of the properties (the relative proportions of different types of asset) varied across regions and over time. In particular, we consider the impact of exogenous factors and the effects of growing commercialisation. We argue that peaks of activity following periods of crisis (Great Famine and Black Death) indicate that property ownership became open to market speculation. In so doing, we present an important new perspective on the long-term evolution of the medieval English property market.
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Yates, Margaret. "The market in freehold land, 1300-1509: the evidence of feet of fines." Economic History Review 66, no. 2 (October 24, 2012): 579–600. http://dx.doi.org/10.1111/j.1468-0289.2012.00664.x.
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Wilson, George, Melanie Edwards, and Neil Byron. "Custodianship of wildlife on private land to support conservation – an Australian model." Rangeland Journal 42, no. 5 (2020): 309. http://dx.doi.org/10.1071/rj20039.
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A large proportion of the world’s extinctions have occurred in Australia, and threatened species lists continue to grow, notwithstanding government and philanthropic efforts. Most losses have been on private land, so relying on national parks and reserves is not enough to reverse trends and meet Australia’s responsibilities. This paper proposes a model that could increase abundance and distribution of Australia’s biodiversity, while providing financial incentives to private landholders to do so. It addresses the question, can landholder management of wildlife, and a form of private ownership, remedy shortfalls in government funding for biodiversity conservation and the resulting consequences of vast biodiversity losses? Landholders currently invest in propagating introduced livestock species, but they are prevented by current regulations from investing in a similar manner in threatened Australian native species. Market-based incentives could increase the distribution and abundance of species on private land and help protect the habitat of other biodiversity. The enabling changes would be contentious to some people but are consistent with the International Union for the Conservation of Nature’s Sustainable Use policy. Different versions of wildlife privatisation have been successfully applied internationally: there is urgency for Australia to draw on these experiences and develop its own model to encourage and support wildlife on private freehold land. The model proposed in this paper focuses on: identifying locally overabundant populations or captive-bred populations as sources of supply; finding landholders and philanthropists who would like to have custodianship of species; enabling entrepreneurs to respond to demand; and bringing the two together where there is scope for a market-based sharing economy. Encouraging wildlife custodianship on private freehold land would be mutually beneficial, as it would not only result in an increase in biodiversity, but the economic value of wildlife could provide an income to landholders as well as enhancing Australia’s conservation system.
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Mugagga, Frank, Patrick Byakagaba, and Leonida Tibakunirwa. "Unravelling the Centrality of Tenure Security in Determining Resettlement Packages for Oil Refinery Displaced Persons in Uganda’s Albertine Graben." Social Change 49, no. 4 (November 4, 2019): 659–72. http://dx.doi.org/10.1177/0049085719872865.
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This paper investigates the role of tenure security in defining resettlement packages for oil refinery displaced communities of the Kabaale parish. The parish is located in the Buseruka sub-county, Hoima district in western Uganda. Descriptive and explorative designs employing both qualitative and quantitative approaches were used to enlist data from 48 displaced households as well as key informants. Customary land tenure is not fully acknowledged as legitimate, and thus customary landowners were not fairly treated as compared to those whose land was formally registered under freehold tenure. It was found that women and other secondary land rights owners were unfairly treated in the resettlement packages. We concluded that customary tenure security ought to be enhanced through the acquisition of certificates of customary ownership and that local communities should be sensitised to respect women’s land rights.
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Abegaz, Berhanu. "Escaping Ethiopia's poverty trap: the case for a second agrarian reform." Journal of Modern African Studies 42, no. 3 (August 3, 2004): 313–42. http://dx.doi.org/10.1017/s0022278x04000217.
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Growth-friendly egalitarian distribution of land and smallholder farming notwithstanding, rural Ethiopia continues to face an ever-deepening livelihoods crisis. This paper synthesises the theoretical and empirical literature on Ethiopian and other comparable land institutions, in search of a coherent economic framework for pinpointing the roots of the problem and a menu for sensible policy options. It argues that land privatisation, as an integral part of a second agrarian reform, is necessary for attaining optimal farm sizes, thicker markets and robust industrialisation. A sordid history of political marginalisation of the peasantry makes freehold a superior alternative to more secure state leasehold. For a thoroughgoing agricultural transformation, however, sufficiency entails substantial increases in public investment that are designed to crowd-in private investment. Ethiopia's market-led agricultural development strategy must focus on boosting sustainable growth while ensuring subsistence for all.
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Home, Robert. "Peri‐urban informal housing development in Victorian England: the contribution of freehold land societies." Planning Perspectives 25, no. 3 (July 2010): 365–73. http://dx.doi.org/10.1080/02665433.2010.481188.
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BELL, ADRIAN R., CHRIS BROOKS, and HELEN KILLICK. "Medieval Property Investors, ca. 1300–1500." Enterprise & Society 20, no. 3 (April 29, 2019): 575–612. http://dx.doi.org/10.1017/eso.2018.92.
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This paper uses a data set of freehold land and property transactions from medieval England to highlight the growing commercialization of the economy during that time. By drawing on the legal records, we are able to demonstrate that the medieval real estate market provided the opportunity for investors to profit. Careful analysis of the data provides evidence of group purchases, multiple transactions, and investors buying outside their own localities. The identification of these “investors” and their buying behaviors, set within the context of the English medieval economy, contributes to the early commercialization debate.
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Williams, N., and R. Johnston. "'not Passing Through': Aboriginal Stakeholders in the Rangelands." Rangeland Journal 16, no. 2 (1994): 198. http://dx.doi.org/10.1071/rj9940198.
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Comparison of Aboriginal interests in rangelands in western New South Wales with those in north- western Northern Temtory and the Kimberley of Western Australia reveals little difference in their history, aspirations for land acquisition, or plans for multiple use management. Throughout Australia, Aboriginal people who are traditional owners of rangelands continue to live on or near the land they regard as traditionally theirs. This is true of the more closely settled rangelands as well as remote regions. In all the rangeland areas Aboriginal people now wish (and following the Mabo decision may more realistically expect to gain) some form of freehold title to at least some of their land. Aboriginal people whose traditional lands are located in western New South Wales have access to very little of their land but have maintained their connection to it. They have aspirations of obtaining access to and control over portions of it, with plans to manage it under a multiple use regime that would include small-scale sustainable pastoralism and agriculture, while living in dispersed family groups on the land. Aboriginal people's desire to retain access to their traditional land for non-economic reasons (spiritual, social, historical) is paramount. Should the Commonwealth Land Fund legislation be enacted, cultural imperatives as well as economic viability will need to be taken into account in the purchase of land. Planning for future management should incorporate traditional ecological knowledge and should involve Aboriginal traditional owners and their organisations, such as land councils and resource agencies, in local and regional planning.
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Tee, Louise. "Surrender to the inevitable?" Cambridge Law Journal 58, no. 1 (March 1999): 1–48. http://dx.doi.org/10.1017/s0008197399311016.
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ADVERSE possession and registered land are unlikely bedfellows–the one originating in the common law idea that a freehold estate results from possession and the other premised upon registration validating title. Indeed, when registration of title was introduced into England and Wales in the nineteenth century, acquisition of title to registered land by adverse possession was prohibited–see section 21 of the Land Transfer Act 1875. However, a more pragmatic approach then ensued, and the Land Registration Act 1925, s. 75, expansively provided that the Limitation Acts should apply to registered land in the same manner and to the same extent as those Acts applied to unregistered land. But technically, of course, this was impossible, and the section detailed a special trust mechanism for registered land alone. Section 75 thus clearly illustrates the inherent difficulties in trying to retain the substantive law of unregistered land within a registered context. Tensions are inevitable, because of the very different conceptual bases of the two systems. In Central London Commercial Estates Ltd. v. Kato Kagaku Ltd., The Times, 27 July 1998, Sedley J. was directly faced with such tension, as he strove to determine the effect of section 75.
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Manatsha, Boga Thura. "Reflections on the Acquisition of Land by Non-citizens in Botswana." Journal of Land and Rural Studies 8, no. 2 (May 8, 2020): 185–204. http://dx.doi.org/10.1177/2321024920914784.
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There are rising public concerns about the acquisition of prime land by non-citizens/foreigners in Botswana, especially in the sprawling urban and peri-urban areas. Indians, Nigerians and Chinese, among others, are allegedly involved in such land transactions. There is a salient local resentment towards them and/or such transactions. Sensational media reports, emotive public statements by politicians, chiefs and government officials, and anger from ordinary citizens dominate the discourse. These emotive public debates about this issue warrant some academic comment. This article argues that the acquisition of land by foreigners in Botswana, in each land category—tribal, state and freehold—is legally allowed by the relevant laws. But this does not mean that citizens have no right to raise concerns and/or show their disapproval of some of these legal provisions. Aware of the public outcry, the government has since passed the Land Policy in 2015, revised in 2019, and amended the Tribal Land Act in 2018, not yet operational, to try and strictly regulate the acquisition of land by non-citizens. There is no readily available statistical data, indicating the ownership of land by foreigners in each land category. This issue is multifaceted and needs to be cautiously handled, lest it breeds xenophobia or the anti-foreigner sentiments.
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Nurdin, Zefrizal. "Supporting 21st-Century Learning by Providing Educational Infrastructure in the Form of Land: Legal Perspective." Tadris: Jurnal Keguruan dan Ilmu Tarbiyah 6, no. 1 (June 29, 2021): 163–70. http://dx.doi.org/10.24042/tadris.v6i1.8638.
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Land as school infrastructure is often neglected in the certification process. This research emphasized that school land certification is essential and whether it automatically includes authority over everything on it, what land rights can be given to the school, and how it is carried out. This research used the normative juridical research method by leaning on empirical research. Secondary data taken from library research dominates this research. The data was obtained through document studies or library studies. Furthermore, some primary data was obtained through observations. Land certificates is a piece of solid evidence to ascertain the rights of the education provider as the subject of rights so that they can defend their rights from claims by other parties. However, it does not automatically cover all authority over what is on the land because it is a part of the horizontal separation principle. School land can have the status of State land and can also have four types of land rights owned by the education providers, namely Freehold Title, Building Right Title, Cultivation Right Title, and Mortmain (Waqf) right. The rights can be obtained through sporadic registration or complete systematic land registration. The availability and readiness of facilities and infrastructure are essential in 21st-century education and learning because they will significantly affect learning.
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Ele, Millicent N. "Transhumance, Climate Change and Conflicts: Reflections on the Legal Implications of Grazing Reserves and Ruga Settlements in Nigeria." Journal of African Law 64, no. 2 (March 5, 2020): 199–213. http://dx.doi.org/10.1017/s0021855320000066.
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AbstractIn recent times, clash after clash has arisen between herdsmen and farmers in Nigeria. These conflicts were linked to the effects of climate change in northern Nigeria, but have been exacerbated by other factors including ethno-religious sentiments. Herdsmen forced to migrate southwards face intense competition for arable and grazing land with the farmers in Nigeria's middle belt. This invariably leads to conflicts, often resulting in gruesome murder and carnage. Thousands have died, many more have been maimed and millions displaced because of this crisis. As a solution, the Nigerian government proposes to set up grazing reserves and rural grazing area settlements in all states of the federation. The problem with this proposal is how and where to obtain the land. This article reflects on the legal implications of the proposal and argues in favour of grazing reserves and ranching on the basis of a private freehold / leasehold tenure arrangement, not through the compulsory acquisition of land by the government.
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Allen, Robert C. "The Price of Freehold Land and the Interest Rate in the Seventeenth and Eighteenth Centuries." Economic History Review 41, no. 1 (February 1988): 33. http://dx.doi.org/10.2307/2597331.
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MacLean, D. A., K. P. Beaton, K. B. Porter, W. E. MacKinnon, and M. G. Budd. "Potential wood supply losses to spruce budworm in New Brunswick estimated using the Spruce Budworm Decision Support System." Forestry Chronicle 78, no. 5 (October 1, 2002): 739–50. http://dx.doi.org/10.5558/tfc78739-5.
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The Spruce Budworm Decision Support System (SBW DSS) was used to estimate potential volume losses to a future spruce budworm (Choristoneura fumiferana (Clem.)) outbreak in New Brunswick. The SBW DSS was implemented separately on each of the ten Crown Timber Licenses, using data from forest industry management plan timber yields and harvest schedules; values were then compiled for all of New Brunswick. Potential volume losses on privately owned forest (industrial freehold and private woodlots) were estimated by matching stand types with those for Crown land. Total potential volume losses of 83 million and 195 million m3 of sprucefir (Picea spp. Abies balsamea (L.) Mill.) were predicted for "normal" and "severe" budworm outbreak scenarios, defined based on past outbreaks in New Brunswick and Nova Scotia and assumed to start in 2000. Simulated timber supply losses were 42 million, 40 mil-lion, and 1 million m3 on Crown, freehold, and federal land, respectively, under a normal outbreak scenario, versus 99 million, 92 million, and 3 million m3 under a severe outbreak scenario. On Crown land, 33% of the predicted loss in a severe outbreak occurred in stands scheduled for harvest over the next 30 years, 26% occurred in stands not scheduled for harvest for at least 30 years, and 41% was in the non-timber harvesting landbase (11% in Old Softwood Forest Habitat, 12% in Deer Wintering Areas, 14% in riparian buffers, and 3% in inaccessible areas). Harvest levels 1120 years in the future were very sensitive to reduction in yields caused by defoliation. Under a severe outbreak scenario, if 40% of the landbase was not protected for 2, 5, or 8 years to limit defoliation (simulating spraying the insecticide Bacillus thuringiensis, B.t.), 20072011 harvest level reductions of 4.0, 6.0, and 8.4 million m3 , respectively, would be necessary. We conclude that the only way that planned harvest levels for New Brunswick can be maintained, under a future spruce budworm outbreak, is with effective targeted use of insecticides for forest protection. Key words: defoliation, growth reduction, mortality, protection planning
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Walsh, Emily. "Public versus private land use controls in England and the USA." International Journal of Law in the Built Environment 9, no. 1 (April 10, 2017): 18–31. http://dx.doi.org/10.1108/ijlbe-09-2016-0013.
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Purpose This paper aims to compare the law with regard to private property rights and restrictions and public controls in England and the USA, and the theoretical debates that surround them, to understand whether the private land use controls of nuisance and restrictive covenants could have a greater role to play or the public law system of planning is the best way to manage land. Design/methodology/approach This paper starts by summarising and comparing, firstly, the private laws of nuisance and restrictive covenants and then laws relating public planning, zoning and takings in England and the USA. It then reviews theoretical approaches taken in both jurisdictions to land use restrictions. Findings The paper concludes that private land use restrictions can only play a limited role in land management in England. Scarcity and cost of available housing necessitate a mechanism by which the state can intervene to remove or modify restrictions to enable alteration and development. The structure of freehold ownership in England and the low take-up of Commonhold as an alternative tenure mean that expansion in the use of private land use restrictions to control the use of land is unfeasible. Originality/value The value of this paper is that it seeks to provide insight into the contested relationship between private and public law and the relationship between property law and planning.
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Mandela, Sonya Praminda Yona, Ismansyah Ismansyah, and Azmi Fendri. "Legal Protection of Notaries Related to Living Certificate of Binding Agreement." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (July 7, 2019): 597. http://dx.doi.org/10.18415/ijmmu.v6i3.880.
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A notary, as a public official, has given an authority to make sales and purchase agreement with freehold titles. However, it is not allowed for a notary to make land sale deed because the freehold titles stands to land deed official authority. In the notary code of ethics in Indonesia, there is no explicit and written statement whether the notary may accept the ownership of the parties or not. Some cases happened. There were several alleged cases and fraud committed by a notary during the process of sales and purchase agreement at a notary's office. In addition, one of two parties, who are committed to custody the certificate in notary’s office, changes his mind and reports to the authorities. In accordance to the reason above, the researcher concludes problems; 1. Why a certificate custody against the sale and purchase agreement (PPJB) to Notary (PPJB) could be happened? 2. What is the effect of custody a certificate against the sale and purchase agreement to notary? 3. What is the legal protection according to safekeeping an ownership certificate against the PPJB? This study is conducted through juridical empirical methods, it shows: 1.The safekeeping of a certificate by person to a notary is happened because those parties have a sales and purchase agreement before contract of sale is done.2.The legal consequences of custody of certificates in sales and purchase agreement (PPJB) are made in front of a Notary. Even though they are not tied directly but the parties have been convinced and entrusted before the entire process is completed from PPJB, AJB, or until the name is returned by the notary office. 3. To avoid such matters, the Notary does not conduct or domicile as a recipient for letters / documents from the appellants, both of which are confirmed in the deed or not.
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Persson, Christer. "Freehold farmers and land ownership structure in a parish of south-eastern Sweden during the nineteenth century." Journal of Historical Geography 14, no. 3 (July 1988): 245–59. http://dx.doi.org/10.1016/s0305-7488(88)80221-4.
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Newton, Michael. "The Search for Heritage in Ottawa's Lower Town." Urban History Review 9, no. 2 (November 8, 2013): 21–37. http://dx.doi.org/10.7202/1019334ar.
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Few buildings survive the first generation (approx. 1826-1850) of urban growth in the Lower Town portion of present-day Ottawa, even though most of the commercial activity and population was concentrated there. Most are unprepossessing, as is much of the contemporary area. An explanation lies in the determination of Governor Dalhousie and the British Board of Ordnance — builders of the Rideau Canal — to plan and control the embryonic townsite through land leasing. The British Board of Ordnance owned, outright, about half the land in early Bytown, including all of Lower Town. Prospective builders were leased town lots, usually on a 30-year basis. Legitimate builders were thus reluctant to invest in substantial structures, as were speculative builders, constructing instead temporary, ramshackled edifices. The first buildings of substance date from the latter 1840s when conversion to freehold became possible. The option of leasehold persisted, however, until at least the 1870s, and the mixture of tenures sustained the impulse for temporary structures. In the case of Lower Town, proprietal relationships were fundamental in the evolution of the urban landscape.
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Newell, GR, and BA Wilson. "The Relationship Between Cinnamon Fungus (Phytophthora Cinnamomi) and the Abundance of Antechinus Stuartii (Dasyuridae: Marsupialia) in the Brisbane Ranges, Victoria." Wildlife Research 20, no. 2 (1993): 251. http://dx.doi.org/10.1071/wr9930251.
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The Brisbane Ranges include areas of National Park, water catchment and freehold land that have a history of infection with the pathogen P. cinnamomi since the late 1960s. A systematic survey of the small-mammal fauna of the Brisbane Ranges National Park and the Geelong and District Water Board catchments in relation to the pathogen was carried out in 1987. A. stuartii was the only species trapped regularly. The volume of vegetation to a structural level of 60 cm was significantly lower at sites where P. cinnamomi was present. The abundance of A. stuartii was also significantly lower at sites infected with P. cinnamomi, and a significant relationship is shown between the capture rate of A. stuartii and the volume of vegetation present up to 40 cm above ground level. This work indicates a possible association between P. cinnamomi and populations of A. stuartii, and the relationships between the pathogen, habitat quality and small-mammal distribution are discussed. These findings have implications for public land management and management of fauna in areas prone to infection with P. cinnamomi.
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Aliev, Bagomed G., and Arsen O. Murtazaev. "LAND TENURE ARRANGEMENTS IN DAGESTAN IN PROFESSOR A.R. SHIKHSAIDOV’S WORKS." History, Archeology and Ethnography of the Caucasus 14, no. 4 (January 17, 2019): 44–52. http://dx.doi.org/10.32653/ch14444-52.
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The article is devoted to the contribution of a well-known historian-orientalist, Doctor of Historical Sciences, Professor Amri Rzaevich Shikhsaidov to the study of land tenure in Dagestan. The authors of the article studied three monographs and a number of articles by A.R. Shikhsaidov, dedicated to the history of the region and its southern part in the VII – XIX centuries. It is important to note that A.R. Shikhsaidov was one of the first to analyze the works of Arab historians and geographers, as well as local Arabic-speaking sources, and extensively studied land arrangements in Dagestan in the early Middle Ages, from the X – XV centuries to the XIX century inclusive. The article analyzes the classification of A.R. Shikhsaidov forms of agriculture. He singled out a number of forms (state land, diya, ikta, waqf and freehold land), which experienced the known influence of political and socio-economic processes in the region and changed during the historical process. The authors of the article show the contribution of the scholar in identifying and characterizing changes in the status of land tenure forms in the historical process. The authors emphasize the importance of the material, introduced by A.R. Shikhsaidov in the scientific circulation, for each of these forms of land ownership. The scientific value of the analogies carried out by Professor Shikhsaidov for various forms of land ownership that existed in Dagestan with various forms of land ownership in the countries of Western Europe, Russia and the South Caucasus countries is emphasized.The article is of an overview nature and will be useful both for the study of the work of a prominent Dagestan scholar and for researchers in the development of land relations in Dagestan.
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Olayinka, D. N., K. L. Omolaye, A. J. Ilesanmi, C. J. Okolie, and I. D. Arungwa. "APPLICATION OF UAV SURVEYS FOR EVALUATING THE PRODUCTIVITY LEVELS OF TRADITIONAL AND MECHANISED FARMERS IN A CUSTOMARY LAND TENURE SYSTEM." International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences XLIII-B3-2021 (June 29, 2021): 617–22. http://dx.doi.org/10.5194/isprs-archives-xliii-b3-2021-617-2021.
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Abstract. In most of Nigeria’s rural communities, land holdings are small and uneven; and this impacts significantly on their mechanisation potentials. This fragmented nature of the farmlands also inhibits the creation of an effective land market. This study utilised a digital orthomosaic generated from an Unmanned Aerial Vehicle (UAV) survey in evaluating the productivity levels of traditional and mechanised farmers in Okeho Community of Oyo State, South-Western Nigeria. The aerial survey was conducted with a DJI Phantom 4 Professional UAV covering 250 acres of traditional and mechanised farmlands to produce a very high resolution orthomosaic at 6 cm spatial resolution. Sixty-three respondents (61 traditional farmers and 2 mechanised farmers) were also interviewed using questionnaires. Their responses were keyed into a database with the Open Data Kit (ODK) data collector. The orthomosaic was classified into farmland units and a database of the farmers land holdings was created in ArcGIS software. Some parameters influencing their productivity were computed – Crop Field Fraction (CFF) and Crop Yield Index (CYI). The results showed that very few farmers had a shared equity on land (only 3%); most farms were acquired under freehold or lease. Also, only 1% of their farm sizes was larger than 5 acres. There was a sharp disparity in the crop field fraction (traditional farms – 32.2; mechanised farms – 68.8), and the productivity from the mechanised farmers surpasses that of the traditional farmers. It is recommended that the Government should support cluster farming systems among farmers to boost productivity.
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Fensham, R. J., J. C. McCosker, and M. J. Cox. "Estimating Clearance of Acacia-dominated Ecosystems in Central Queensland Using Land-system Mapping Data." Australian Journal of Botany 46, no. 2 (1998): 305. http://dx.doi.org/10.1071/bt96129.
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Preferential clearance of productive Acacia-dominated ecosystems was determined using digital land-system mapping and a 1994–1995 native vegetation remnant coverage from central Queensland. The previously mapped land systems are composed of complexes of land units, covering a range of productive potentials that are not individually mapped but defined according to their proportions within the land systems. Some land units were grouped into 11 ‘Acacia ecosystems’ composed of unique combinations of geology and vegetation dominated by brigalow (Acacia harpophylla F.Muell. ex Benth.), gidgee (A. cambagei R.T.Baker) or blackwood (A. argyrodendron Domin). Calculation of the remnant area of these Acacia ecosystems, assuming equal proportions of vegetation clearance of the land unit components within the land-system complexes (equal proportion calculation), was compared with a more accurate calculation based on interpretation of aerial photography (aerial-photograph calculation) data. The aerial photograph calculation of remnant area was 44% of the equal proportion calculation for brigalow on Tertiary clay and the ratio between these calculations was greater than 100% for only one Acacia ecosystem of relatively low production potential. The proportion of the remnant Acacia ecosystems relative to less productive ecosystems on tenures assigned to production (leasehold and freehold) was consistently lower than on other tenures. The use of mapping consisting of composite ecosystems with various production potentials for area-based assessment of vegetation clearance will overestimate the remnant areas of the relatively productive types unless a procedure such as that outlined here is used to correct for preferential clearance. This study provides near-complete and accurate data on the 1994–1995 status of Acacia ecosystems in central Queensland. Relative to their original area, values ranged from 6.8% for brigalow on Tertiary clay to 37.6% for gidgee–blackwood on alluvium.
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Beckerman, John S. "Procedural Innovation and Institutional Change in Medieval English Manorial Courts." Law and History Review 10, no. 2 (1992): 197–252. http://dx.doi.org/10.2307/743761.
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In England during the twelfth, thirteenth, and fourteenth centuries, the royal courts cast a longer and longer shadow over private and local jurisdictions. By a series of steps embracing much innovation, the custom of the king's court gradually became the common law of England, and the royal courts asserted their supremacy over other jurisdictions in many areas. Foremost among these were disputes over freehold land and cases involving felonies. It has been suggested that the royal innovations’ jurisdictional effects on private courts were “neither intended nor foreseen.” Nonetheless, they reduced private jurisdictions—with the exception of the palatinates—to constitutional insignificance during the thirteenth century. Occasional baronial objections, such as that enshrined in clause thirty-four of Magna Carta or the bluff waving of a rusty sword at a quo warranto inquest do not disguise this basic fact of English legal and constitutional history.
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Wright, Robert E. "From British Peasants to Colonial American Farmers. By Allan Kulikoff. Chapel Hill: University of North Carolina Press, 2000. Pp. xiii, 484. $59.95, cloth; $22.50, paper." Journal of Economic History 61, no. 4 (December 2001): 1137–38. http://dx.doi.org/10.1017/s0022050701005757.
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Based on a selective reading of over 2,500 secondary sources, From British Peasants is an encyclopedic description of early U.S. social history that attempts to describe the transformation of feudal rural folk from deferential “peasants” into economically and politically independent “farmers” (p. 1). Allan Kulikoff analyzes the alleged transformation through the lens of materialist Marxism (pp. 293–98, where he cites Marx as an authority five times). References to problematic terms such as “class relations” abound (pp. 2, 41, 289–92), and Kulikoff argues, among other things, that “gentlemen” attempted to oppress farmers by refusing “to grant them freehold land,” by forcing “them into permanent tenancy,” by “passing high taxes,” and even by failing “to protect them from bandits or Indians.” Kulikoff further claims that “gentlemen and capitalists dominated legislatures,” engaged in an “orgy of development,” and “violently suppressed” rural rebellions (pp. 288–91). Yet somehow the mighty yeomen “stopped deferring to gentlemen and insisted on democratic decision making” (p. 291).
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NOLAN, FRANCES. "THE REPRESENTATION OF FEMALE CLAIMANTS BEFORE THE TRUSTEES FOR THE IRISH FORFEITURES, 1700–1703." Historical Journal 63, no. 4 (November 26, 2019): 836–61. http://dx.doi.org/10.1017/s0018246x19000529.
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AbstractThis article examines the rate and nature of female representation before the board of trustees for the forfeited estates in Ireland, established by the Act of Resumption in 1700. The legislation was introduced by a discontented English parliament to nullify William III's grants of forfeited Irish land, which he awarded after victory over James II in the War of the Two Kings (1689–91). The act's remit extended well beyond the resumption of freehold land, incorporating real property, judgements, securities, obligations, debts, and goods and chattels forfeited by outlawed Jacobites. It was also retroactive, as all parties with a legitimate title to a property that predated 13 February 1689 were entitled to enter a claim. Using a printed list of 3,140 claims submitted to the trustees, this article analyses the commonality of female claimants, considers their economic, social, and marital status, and identifies the legal or equitable basis for their representation before the trustees. In doing so, it examines prenuptial and familial practices in post-Restoration Ireland, underlines the economic importance of marriage and inheritance as means of conveyance, and suggests that women's and female minors’ successful claims provided a number of Catholic families with a lifeline in the early eighteenth century.
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Lunney, D., T. Grant, A. Matthews, C. Esson, C. Moon, and M. Ellis. "Determining the Distribution of The Platypus (Ornithorhyncus anatinus) in the Eden Region Of South Eastern New South Wales Through Community-Based Surveys." Australian Mammalogy 20, no. 2 (1998): 239. http://dx.doi.org/10.1071/am98239.
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The distribution of Ornithorhynchus anatinus in the Eden region of south-east New South Wales is defined based on information from two community-based surveys. In 1986-87 a state-wide questionnaire survey was distributed to field staff from various government departments. A search for historical reports was also carried out. Fifty-five reports of platypuses were obtained from the Eden region, including 30 sightings on agricultural land. The second approach was through a joint National Parks and Wildlife Service and State Forests householder postal survey in 1991. The survey returns yielded 273 locations of O. anatinus of which 76% were on freehold rural land, 19% were in State Forests and 5% were in National Parks or Nature Reserves. Records from both surveys, spread from 1930 to the early 1990s, were from all parts of the region. The surveys showed that platypuses have been widespread in the region, but their now fragmented distribution indicates a reduction in the regional population of the species. Management of waterways and catchments are crucial to its long-term survival. The public awareness of the platypus shown by the number of questionnaire returns, is an encouraging sign that local plans to conserve or restore its habitat are likely to be well received if produced through the cooperative approach initiated by community-based surveys.
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Clarke, Richard. "Self-help, Saving and Suburbanization: The Birkbeck Freehold Land and Building Societies, Their Bank, and the London Mechanics' Institute 1851–1911." London Journal 40, no. 2 (June 10, 2015): 123–46. http://dx.doi.org/10.1179/0305803415z.00000000064.
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Parsaulian, Anggiat Perdamean, and Sudjito . "Masalah Tumpang Tindih Sertipikat Hak Milik atas Tanah di Kota Banjarbaru (Putusan nomor: 24/G/2014/PTUN.BJM)." BHUMI: Jurnal Agraria dan Pertanahan 5, no. 1 (May 23, 2019): 129. http://dx.doi.org/10.31292/jb.v5i1.324.
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Abstract: This research aims to identify the factors causing overlapping of land certificates in Land Office of Banjarbaru and the strategy of the office to resolve it. This research is an empirical research. Data collection was conducted through literature study and field study through interviews. The data was analyzed using qualitative method. The results show that: (1) The causes of overlapping of certificate in Kota Banjarbaru are: Land office did not carried out the certification process based on the procedures written on laws and regulations, lack of registration map as a base map, the owner (the applicant) does not life in the same area with the location of the parcel, and lack of awareness of the applicant regarding to land boundaries. (2) The problems were tackled by: grievence mechanism, research, prevention of mutation, revoke the decree and submit lawsuit to the State Administrative Court. (3)The solution and recommendation giving by Land Office of Kota Banjarbaru are the implementation of computerized land registration and good land administration system at land office level and village level.Keyword: overlapping, certificate, freehold title.Intisari: Penelitian ini bertujuan untuk mengetahui faktor penyebab tumpang tindih sertipikat hak milik atas tanah di Kantor Pertanahan Kota Banjarbaru, serta strategi penyelesaian yang dilakukan Kantor Pertanahan. Penelitian ini merupakan penelitian empiris. Pengumpulan data dilakukan dengan studi literatur dan pengumpulan data di lapangan melalui wawancara. Data yang terkumpul dianalisis dengan metode kualitatif. Hasil penelitian menunjukkan bahwa: (1) Faktor penyebab terjadinya tumpang tindih sertipikat hak milik atas tanah pada Kantor Pertanahan Kota Banjarbaru yaitu: Kantor pertanahan tidak menjalankan tugas sesuai dengan prosedur dan ketentuan peraturan perundang-undangan yang berlaku, kantor pertanahan belum memiliki peta pendaftaran yang lengkap, pemohon berdomisili di luar kota dari tanah yang disengketakan, pemohon kurang memahami letak batas tanah miliknya.(2) Penyelesaian masalah dilakukan dengan cara: pengaduan, penelitian, pencegahan mutasi (status-quo), pencabutan Surat Keputusan di Bidang Pertanahan oleh Kantor Pertanahan Kota Banjarbaru dan gugatan ke Pengadilan Tata Usaha Negara Banjarmasin. (3) Solusi dan rekomendasi yang diberikan oleh kantor pertanahan adalah melalui program komputerisasi peta pendaftaran tanah, tertib administrasi pendaftaran tanah, tertib administrasi desa berkaitan dengan informasi tanah.Kata Kunci: tumpang tindih, sertipikat, hak milik.
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Dixon, Martin. "The non-proprietary lease: the rise of the feudal phoenix." Cambridge Law Journal 59, no. 1 (March 2000): 25–28. http://dx.doi.org/10.1017/s0008197300290016.
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MR. Bruton occupied a flat by virtue of a written agreement with the Quadrant Housing Trust. The agreement specifically categorised itself as a “weekly licence” although it did give exclusive possession to Bruton. For its part, the Trust held the flat as licensee from the freehold owner, Lambeth Council, in order to pursue its charitable housing aims of providing temporary and emergency accommodation. By virtue of section 32 of the Housing Act 1985, any grant of a lease by the Council to the Trust would have been ultra vires. Bruton accepted the “licence” from the Trust on this basis, but now alleged that he held the flat on a lease, giving security of tenure and triggering a repairing obligation for the Trust under section 11 of the Landlord and Tenant Act 1985 (implied repairing obligations for short term leases). The High Court had held that the agreement was a licence and this was confirmed by the Court of Appeal, with Millett L.J. noting that it was difficult to see how Bruton could have a lease when the Trust itself held no estate in the land out of which a lease could have been granted: [1998] Q.B. 834, 845. The House of Lords, unanimously, held that Bruton had a lease on a simple application of Street v. Mountford [1985] A.C. 809. The fact that the Trust held no estate in the land was neither here nor there: Bruton v. London & Quadrant Housing Trust [1999] 3 W.L.R. 150.
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Béland, Martin, and Bruno Chicoine. "Tolerant hardwood natural regeneration 15 years after various silvicultural treatments on an industrial freehold of northwestern New Brunswick." Forestry Chronicle 89, no. 04 (August 2013): 512–24. http://dx.doi.org/10.5558/tfc2013-092.
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We examined applicability of various partial cutting systems in order to regenerate tolerant hardwood stands dominated by sugar maple (Acer saccarhum), American beech (Fagus grandifolia) and yellow birch (Betula alleghaniensis) on northern New Brunswick J.D. Irving Ltd. freehold land. Sampling of 1065 one-m2 plots in 31 stands managed by selection cutting, shelterwood method and strip or patch cutting and in six control stands allowed a 15-year retrospective study of natural regeneration in stands of low residual densities and with minimal soil disturbance and no control of competing vegetation. Beech regeneration was most abundant in the patch cuts, yellow birch in shelterwood stands and sugar maple in the selection system areas. Results suggest that initial stand conditions influence the composition of the regeneration more than the prescribed treatment. At the stand scale (a few hectares), sugar maple recruitment was positively influenced by its proportion in the initial stand, and negatively by the cover of herbs and shrubs. Yellow birch regeneration was mainly affected by shrub competition. At the plot (1 m2) scale, mineral soil and decayed wood substrates and ground-level transmitted light were determinant factors for yellow birch regeneration. Beech-dominated stands were likely to regenerate to beech. A dense beech sucker understory was promoted in harvested patches. Areas with dense understory of American beech, shrubs, or herbs require site preparation to reduce interference either before or at the time of partial cutting. Shelterwood seed cutting and selection cutting should leave a residual of 12 m2/ha and 17 m2/ha respectively in seed trees uniformly distributed.
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Bright, Susan, and Ben McFarlane. "PROPRIETARY ESTOPPEL AND PROPERTY RIGHTS." Cambridge Law Journal 64, no. 2 (July 7, 2005): 449–80. http://dx.doi.org/10.1017/s0008197305006926.
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THIS article focuses on a particular aspect of the operation of proprietary estoppel: it asks when a proprietary estoppel claim will give rise to a property right. The inquiry proceeds on the linked assumptions that proprietary estoppel is a means of acquiring rights and that rights thereby arising take effect immediately, without the need for any court order. Like any other means of acquiring rights, proprietary estoppel can give rise either to personal rights or to property rights: in some cases the estoppel claimant is acknowledged to have a personal right (e.g. to damages or a licence to use land); in others a property right (e.g. a lien; an easement; a lease; or a freehold). The central argument of this article is that proprietary estoppel should give rise to a property right only if that is necessary to protect the claimant’s reasonable reliance. Where a personal right gives sufficient protection that will have to do, whatever the claimant may have been promised or expected; this may well mean that the circumstances in which a property right arises are more narrow than has been thought.