Land law

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Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts. Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership, is a globally ubiquitous phenomenon.

National sovereignty

Sovereignty, in common law jurisdictions, is often referred to as absolute title, radical title, or allodial title. Nearly all of these jurisdictions have a system of land registration, to record fee simple interests, and a land claim process to resolve disputes.

Land rights

Indigenous land rights are recognized by international law, as well as the national legal systems of common law and civil law countries. In common law jurisdictions, the land rights of indigenous peoples are referred to as aboriginal title. In customary law jurisdictions, customary land is the predominant form of land ownership.

Land reform refers to government policies that take and/or redistribute land, such as a land grant.

Land rights refer to the inalienable ability of individuals to freely obtain, utilise, and possess land at their discretion, as long as their activities on the land do not impede on other individuals’ rights.[1] This is not to be confused with access to land, which allows individuals the use of land in an economic sense (i.e. farming). Instead, land rights address the ownership of land which provides security and increases human capabilities. When a person only has access to land, they are in constant threat of expulsion depending on the choices of the land owner, which limits financial stability.[1]

Land rights are an integral part of Land Laws, as they socially enforce groups of individuals’ rights to own land in concurrence with the land laws of a nation. Land Law addresses the legal mandates set forth by a country in regards to land ownership, while land rights refer to the social acceptance of land ownership. Landesa takes the stance that although the law may advocate for equal access to land, land rights in certain countries and cultures may hinder a group’s right to actually own land.[2] Laws are important, but they must be backed up by cultural tradition and social acceptance. Therefore, laws concerning land ownership and land rights of a country must be in agreement.

Globally, there has been an increased focus on land rights, as they are so pertinent to various aspects of development. According to Wickeri and Kalhan, land ownership can be a critical source of capital, financial security, food, water, shelter, and resources.[3] The UN Global Land Tool organisation has found that rural landlessness is a strong predictor of poverty and hunger,[4] and negatively impacts Empowerment and the realisation of Human rights.[5] In order to home in on this critical problem of inadequate land rights, The Millennium Development Goal 7D strives to improve the lives of 100 million slum dwellers.[6] This includes increased land rights for impoverished people, which will ultimately lead to a higher quality of life.[3]

Although land rights are fundamental in achieving higher standards of living, certain groups of individuals are consistently left out of land ownership provisions. The law may provide access to land, however, cultural barriers and poverty traps limit minority groups’ ability to own land.[7] In order to reach equality, these groups must obtain adequate land rights that are both socially and legally recognised.

Limits of national jurisdiction and sovereignty

Limits of national jurisdiction and sovereignty
Outer space (including Earth orbits; the Moon and other celestial bodies, and their orbits)
national airspace territorial waters airspace contiguous zone airspace[citation needed] international airspace
land territory surface internal waters surface territorial waters surface contiguous zone surface Exclusive Economic Zone surface international waters surface
internal waters territorial waters Exclusive Economic Zone international waters
land territory underground Continental Shelf surface extended continental shelf surface international seabed surface
Continental Shelf underground extended continental shelf underground international seabed underground
  full national jurisdiction and sovereignty
  restrictions on national jurisdiction and sovereignty
  international jurisdiction per common heritage of mankind

See also

References

  1. 1.0 1.1 Adi, D.N. (2009). Critical Mass Representation in Uganda. 1-38.
  2. Hanstad, T. (2010). Secure Land Rights. Landesa.
  3. 3.0 3.1 Wickeri, Elisabeth; Kalhan, Anil (2010). "Land Rights Issues in International Human Rights Law". Malaysian Journal on Human Rights. 4 (1): 16–25.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
  4. Centre on Housing Rights and Evictions (2009), Housing and Property Restitution for Refugees and Displaced Persons, 3-5.
  5. UN Global Land Tool Network (2010) http://www.unhabitat.org/content.asp?cid=2798&catid=283&typeid=24&subMenuId=0
  6. Millennium Development Goal Monitor: Tracking the Mellennium Development Goals. (2010) http://www.mdgmonitor.org/goal7.cfm
  7. Hanstad, T. (2010). Secure Land Rights. Rural Development Institute.