Land Law Reform : Achieving Development

'Land Law Reform' examines the wide-spread efforts to reform land law in developing countries and countries in transition, drawing in particular upon the experience of the World Bank and the Rural Development Institute. The book considers the role of land law reform in the development process and analyzes how the World Bank has sought to support these legal changes in client countries. It reviews the experience with reform of laws affecting land access and rights in achieving gender equity, identifies opportunities for reinforcing environmentally sustainable development through land law reform, and examines from both growth and poverty alleviation perspectives the effectiveness of reforms to formalize property rights and liberalize land markets. The concluding chapter recommends some basic priorities for land law reforms.

List of Tables and Boxes

vii

Foreword

ix

Abstract

xi

Acknowledgments

xiii

Acronyms and Abbreviations

xv

Introduction: Reforming Land Law to Achieve Development Goals

1

(10)

John W. Bruce

The Potential of Land Law

1

(2)

The Pressing Need for Reform

3

(2)

New Development Goals

5

(6)

Reform of Land Law in the Context of World Bank Lending

11

(56)

John W. Bruce

Introduction

11

(1)

Land Law and the Bank's Objectives

12

(2)

General Guidance on Land Policy and Law Reform

14

(3)

Legal Guidance: The Operational Policies

17

(3)

Policy and Law Reform Outside the Project Context

20

(1)

Covenants and Conditions as Contractual Tools

21

(2)

Reform in the Context of Development Policy Lending

23

(4)

Reform in the Investment Project Context

27

(1)

Land Administration Projects

28

(19)

Land Reform

47

(4)

Natural Resource Management

51

(4)

Process and Style in Land Law Reform

55

(8)

New Frontiers: Into the Land Market

63

(1)

Conclusion

64

(3)

Overcoming Gender Biases in Established and Transitional Property Rights Systems

67

(40)

Renee Giovarelli

Introduction

67

(3)

Creating New Rights to Land

70

(9)

Creating Secure Rights through Titling Projects

79

(5)

Markets

84

(4)

Household Allocation of Land

88

(13)

Women's Knowledge of and Ability to Enforce Land Rights

101

(1)

Conclusion and Recommendations

102

(5)

A Framework for Land Market Law with the Poor in Mind

107

(36)

Leonard Rolfes, Jr.

Introduction

107

(1)

Impact of the Land Market on the Rural Poor

108

(3)

A Framework for Land Market Law with the Poor in Mind

111

(28)

Bringing Customary and Informal Practices into the Legal System

139

(3)

Conclusion

142

(1)

Can Land Titling and Registration Reduce Poverty?

143

(32)

David Bledsoe

Introduction

143

(1)

Titling and Registration Programs

144

(7)

Titling and Registration and Economic Growth

151

(9)

Titling and Registration and Poverty Alleviation

160

(12)

Conclusions and Recommendations

172

(3)

Property Rights and Environmentally Sound Management of Farmland and Forests

175

(52)

Robert Mitchell

Introduction

175

(3)

Framing the Issues

178

(2)

Property Rights: The Importance of Enforceability

180

(9)

Policies, Legal Tools, and Environmental Impacts

189

(35)

Conclusion

224

(3)

Conclusion

227

(4)

John W. Bruce

Selected Bibliography

231

(18)

Index

249

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Land Law Reform : Achieving Development Policy Objectives

Summary

Table of Contents

Supplemental Materials