Many social problems in the developing world are rooted in rural land issues. Small-scale farmers in particular often feel insecure about land tenure. Some governments try to formalise land tenure arrangements and provide security for poor people. However, legal titles alone do not guarantee land security for the poorest and most disadvantaged farmers.

Government land tenure arrangements aim to clearly mark the physical boundaries of properties and the associated rights, based on the hypothesis that farmers must feel secure to make long-term investments in their land. Enforcing land rights should provide this security, but factors other than formal land tenure may influence this. Results from Nicaragua demonstrate the need to understand farmer perspectives.

Land conflicts continue to be a problem in Nicaragua, despite numerous and very different attempts to redistribute and formalise land property rights during different political eras. Research from Roskilde University, Denmark, studies three villages in  Nicaragua. The distribution of land here is extremely unequal: 40 percent of the households are landless while 6 percent of the population own more than two thirds of the land area.

Agricultural cooperatives formed during land reform in the 1980s have broken down, leaving some beneficiaries dependent on the collective title of institutions that no longer function. Other beneficiaries have obtained individual titles to their land. There are also ‘private’ farmers in the villages who have never been affected by or benefited from land reform. Their documents range from formal individual titles to informal or no documents.

The research shows:

• Land tenure insecurity and land conflicts are common in the villages: 44 percent of households in one village describe their situation as insecure or worrying.
• Individual land titles are the most common documentation (just over one third), but almost as many households have informal papers or none at all.
• Those with formal and informal individual land titles have similar feelings about their land security; two thirds in each category considering themselves to be secure. However, three quarters of those with collective titles feel insecure.
• For land assignment, local sources of authority (papers from local lawyers or agreements from influential large-scale farmers) may be more important than formal titles from the government.
• Investments in land improvements, such as planting trees, soil and water conservation measures and the construction of a house can strengthen tenure security.

A lack of individual land titles does not necessarily mean that tenure is insecure. Similarly, individual formal titles may not significantly strengthen tenure security as there are many other threats (such as inequality, poverty, a lack of enforcement, power abuses and use of violence). Perceived tenure security, rather than the formal legal situation, influences landholder choices in land investments, use and sales.

The research recommends:

• Policymakers must understand that providing formal land titles does not necessarily create security in Nicaragua.
• Better access to inexpensive legal advice is important for poor farmers to be able to defend their property rights.
• Future research should explore tenure security from the perspectives of the farmers involved to better understand the links between land tenure and investments amidst power abuse, conflicts, and corruption.

Source(s):
‘Land Tenure Insecurity and Inequality in Nicaragua’, Development and Change 36(5), pages 845–864, by Rikke J. Broegaard, 2005

Funded by: Danish Institute for International Studies, Network for Development-related Soil Science within the Danish Council for Development Research, North/South Foundation of the University of Copenhagen

id21 Research Highlight: 9 May 2006

Further Information:
Rikke J. Broegaard
Roskilde University and the Danish Institute for International Studies
Strandgade 56, 1401 Copenhagen K
Denmark

Tel: + 45 326 98787
Fax: +45 326 98700
Contact the contributor: rjb@diis.dk

Roskilde University, Denmark

Danish Institute for International Studies, Denmark

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'Land disputes in Ghana: can the state courts deal with them?'

'Rwandan orphans denied land rights'

'Women and land rights in India – competing and changing interests'

'Supporting indigenous land rights in Latin America '

'Land access in conflict situations: can sustainable livelihoods play a role?'

See id21's links for Land and Soils