Professional Documents
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Land Law Presentation
Land Law Presentation
Essences of Land
What is Land?
Rights to Land
Property
Forms of Ownership to Land
exampled by an inverted pyramid having its tip, at the center of the earth, extending
outward through the surface at the boundary lines of the tract, and continuing on upward to
the heavens
Therefore Land includes :
- the ground, soil, surface of earth,
- everything attached to the earth/surface (trees and
herbage, or houses and other buildings.)
- every thing under it (water, mineral)
- the air above it.
To Summarize Land is:
Ground + fixtures on it + natural resources beneath ground + rights
(eg. easement)
Ground + fixtures (eg. Building)
Ground only
In Ethiopia land signifies only the ground and plants fixed thereon
The right to the income (fruit of a tree, offspring of an animal, rent of land,
profit from investment on land)
The right of transmissibility of the above rights (this is right one is provided
to transfer rights not the land itself)
The right to transfer the land itself (inherit, sale)
The right to do away (destroy a house), but it is limited for public safety and
health reasons
The right to exclude others (ownership is a right claimed against the world,
no one is allowed to interfere in one’s ownership right)
Discuss which rights are enjoyed in Ethiopia?
Forms of Ownership of Land
There are four forms of land ownership in the world:
- Open access
- Communal ownership
- State ownership
- Private ownership
Open access
There are some things in respect of which no one has property rights.
Each of us has a privilege (freedom) to use such things , and the rest of the world
has no right to limit us
To put it in terms of exclusion, none of us has the right to exclude others from
such things, nor do we ourselves have the right not to be excluded from use.
Every person has a free access to use or exploit such things,
The assumption is that either they are not highly valued , or abundant not
exhaustible (air and sunlight), Waking paths, parks, radio/TV waves
Is it possible for ETV to force us to subscribe? Or should it limit its services by
putting codes etc?
It is not possible to force the state or individuals to provide or maintain its
availability
Communal Ownership
Topics
1. Scope of Land Rights,
2. Ownership of Land in Ethiopia
3. Governing Land Laws in Ethiopia
Scope of Land Rights
The definition of land based on the medieval
concept didn’t match modern societies,
Modern societies limit scope of land rights b/se:
- development of aviation technology,
- interests of governments to control and
develop natural resources,
- integration of 3D concepts (apartments, condos…)
- modern infrastructures (tunnels, overpass,
underpasses)
Scope of Land Rights
- public interest,
- urban beautification,
- Governments use different laws to protect these
- urban planning laws,
- environmental protection laws,
- compensation laws …
Scope of Land Rights
Church Government
Private rist
Land land
land
Land distributed in
Land to be distributed lieu of salary and
Heirs among the clergy pensions (maderia and
(samon land) ginde bel)
The pre-1974 Revolution era Northern Ethiopia
- Major tenure arrangements were Rist and Gult,
Rist
Was Characterized by :
- Rist right confers use right over the land,
- Rist holders had all rights except sale.
- Original Rist right may be created as a result of
Emperor’s grant or clearance of forest by the original
father (‘Akigni Abat’)
- It is inheritable to children irrespective of sex or
birth order.
The pre-1974 Revolution era Northern Ethiopia
Gult
-Gult right is not as such use right
- Gult right provides rights of administration,
adjudication, and tribute collection over rist holders who
settled on the land,
- This right is acquired by the nobility/aristocracy through
Emperor’s grant. It was like public office and needed
appointment,
- Since it was temporary right (may also be life time for
some), it was neither inheritable nor alienable. (Exceptions
were there during Gonderine era).
- A single estate of gult land, often included strip-fields,
Gult Vs Rist
R R
R
R Gult Right(3-4
R
R
sq.miles)
R
R R
The pre-1974 Revolution era Northern Ethiopia
Every person will have right to the immovable created on the land
(40.7)
Government may expropriate land for public purpose and upon
payment of compensation (40.8)Ethiopia_1994 Constitution.pdf
The importance of the proclamation
The major ones are:
- Ensure sustainability of natural resources by using
Agro-ecology based land use planning,
- To establish a database containing information
about the parcels and the holders,
- To create conducive environment for land
administration,
- To encourage private investors to invest in rural
land (agriculture)
Definition of terms
- Rural land – Land outside the municipality 2(1),
- Rural Land Administration – Process of :
providing rural land holding security,
Implementing land use plans,
Resolving land disputes,
Enforcing restrictions and obligations,
Organizing information about land parcels,
Analyze the land information,
Provide land information to users Art. 2(2)
Definition of terms
- Holding Right Art. 2 (4):
Use land (agriculture and natural resource devpt.),
Lease,
Bequeath (family members, legal heirs),
Acquire property,
Sale the property acquired,
Exchange the Property,
Bequeath the property
The Right to hold and use rural land
• Acquisition of Rural Land
The proclamation (RLAUP) creates free access to rural land (art. 5.1.
a.&.b)
But there are requirements of
Residency (the person must reside in the area)
Profession (the person must have a desire to engage in agriculture)
Age (the person must be above 18 years)Proc
No. 456-2005 Rural Land Administration and Land Use.pdf
Critics say that the free access policy does conflict with the restriction
on land distribution
It created population pressure by discouraging farmers from moving
to cities in search of alternative lives
The Right to hold and use rural land
The type of right provided to peasants and
pastoralists is known as “holding right.”
Holding right is secure because:
Holding right is guaranteed by certificate (art.6)
No distribution without consent (art.9.3)
Compensation in the event of expropriation (7.3)
Proc
No. 456-2005 Rural Land Administration and Land
Use.pdf
The right is not limited by time (Art. 7.1)
Acquisition of Rural Land
Considerations:
- The presence of force majeure in case of failing
to abide by the lease contract, Art. 25(2),
- Compensation in case of decision made to use
the land for other purposes due to public
interests , Art. 25(4),
- One year time is given in case of termination of
un renewed lease contract Art. 25(5).
Informal Settlement
- No definition is given in proclamation 721/2011
about informal settlement,
- Possessions held without the authorization of
responsible body will be administered in lease if:
- acceptable by the urban plans of the towns,
- meet parceling standards of the towns,
- meet other prerequisites specified by regional
or city administration regulations, Art. 6(4),
- The regularization should be undertaken within 4
years since the enactment of Proc. 721/2011 Art. 6(5)
Chapter Four
Housing Tenancy and Condominiums
Housing
- It is not only a shelter, Image2
- It includes having:
-adequate privacy,
- space,
- security,
- lighting and
- basic infrastructure
Right to Housing
-UN Universal Declaration of Human Rights (Art. 17)and,
- African Charter on Human and Peoples’ Rights (Art. 14)
Right to Housing
Lease of Houses/Tenancy
- legal mechanism of rent/lease that transfers the
right of occupancy, use and enjoyment of the
house to the lessee/tenant,
- The owner/landlord/lessor keeps the ownership
right,
- In Ethiopia, there are two systems of rent: private
and public
Lease of Houses/Tenancy
Objective:
- Manage the condominium on behalf of unit owners,
- Ensure the peace and security of residents in the
Condominium,
- Ensure that unit owners, occupiers of units, lessees of the
common elements comply with rules,
- Perform other necessary activities in the interest of unit
owners’ mutual benefit,
- Determine the conditions on the use of common elements,
- Lease, subject to security, and transfer the common elements,
- Determine fines, fees and contributions;
- Enter into contracts, sue or be sued. Articles 10,11, 13 of
Chapter Five
Land Use Restrictions
Introduction
- ownership (or holding right) is not as such absolute,
- it can be restricted for:
- public safety,
- public health or
- security reasons
- Restrictions can range from limiting:
- the use and enjoyment,
- lease,
- mortgage,
- transfer of rights to
Land Use Restrictions
Instruments of Land Use Restrictions
- Legislations are the tools/instruments of land use
restrictions,
- The commonly known ones include:
- expropriation,
- urban planning,
- building code,
- environmental protection,
- nuisance,
- civil code,
- natural resource exploitation,
Land Use Restrictions
Major Characteristics of the Legal instruments
1. Nuisance Laws
- They describe owners of an immovable may not
disturb neighbors while using their property,
- The disturbance may include: smoke, soot,
unpleasant smells, noise or vibrations,
- They may be found in different legislations like:
- Civil Code,
- planning laws,
- building codes …
Land Use Restrictions
2. Planning Laws
- Urban plans determines the use of urban lands,
- They determine land use type and building density,
- They also determine the building heights,
- The urban design and other elements,
- The currently effective law is Proclamation No. 574/2008 at Federal
level
3. Building Regulation
- The building code enforces the need of permission for: -
construction of new building,
-work on existing building and
- demolition of a building,
- Plan consent and building permit prior to building,
- The currently active proclamation is proclamation 624/2009 ,
- It sets the minimum standard builders and buildings should meet
Land Use Restrictions
4. Environmental Laws
- It controls management and release of hazardous
emissions which may damage the environment,
- This may range from residential waste to dangerous
industrial wastes
Land Use Restrictions
Expropriation
Legal basis:
Article 40 (8) of FDRE Constitution:
Without prejudice to the right to private property, the
government may expropriate private property for public
purposes subject to payment in advance of compensation
commensurate to the value of the property.
Definition
The right of the nation or state, or of those to whom the power
has been lawfully delegated, to condemn private property for
public use, and to appropriate the ownership and possession
of such property without the owner’s consent on paying the
owner a due compensation to be ascertained according to law.
Land Use Restrictions
Nature of Expropriation
- Expropriation is an inherent power of the state to
take private individuals land,
- There are two limitations however:
1. Public purpose
Proc_1161_2012_Expropriation_for.pdf
2. Just compensation (refer the same for d/t
compensation types)
Land Use Restrictions
Justification
- To get the land that government needs for the
development works,
- To provide land for the steadily growing urban
population,
- Redevelopment of urban slum areas among
others.