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Download the file - United Nations Rule of Law

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There may be sound policy reasons for seekingto modify or eliminate some existing tenurialpractices. It is important, however, that anysuch reforms are <strong>the</strong> result <strong>of</strong> informed andparticipatory decision-making, and not <strong>the</strong>inadvertent result <strong>of</strong> poorly designed or implementedtitling processes.3) Concentration and Discrimination. In manycountries, including <strong>the</strong> countries <strong>of</strong> <strong>the</strong> formerSoviet Union, it has been observed that somepeople may be less well positioned to participateeffectively in <strong>the</strong> documentation and registrationprocess than o<strong>the</strong>rs, with <strong>the</strong> effect that<strong>the</strong>ir rights are poorly protected. Individualswho loose in such contexts are usually women,absentee right holders or mortgagees, and ingeneral people with less education and limitedaccess to information becoming victim to manipulationand fraud.4) Increase in Disputes. Registration <strong>of</strong> landis expected to reduce <strong>the</strong> incidence <strong>of</strong> landdisputes, by clarifying boundaries, by resolvingambiguities about rights over land and byputting in place a registration system that istransparent, reliable and accessible. In <strong>the</strong>short term, however, <strong>the</strong> process <strong>of</strong> adjudicationand formalisation <strong>of</strong> rights may bringto <strong>the</strong> surface latent disputes that may haveo<strong>the</strong>rwise remained below <strong>the</strong> surface. Suchpotential risk needs to be assessed in <strong>the</strong>planning phase <strong>of</strong> a reform project.5) Capitalisation: Difficult for <strong>the</strong> Poor in Absence<strong>of</strong> Adequate Land and Capital Markets.State <strong>of</strong> <strong>the</strong> art analysis reveals only a modestpositive effect <strong>of</strong> land titling on access tomortgage credit, and no impact on access too<strong>the</strong>r forms <strong>of</strong> credit. It shows no effect on <strong>the</strong>labour income <strong>of</strong> <strong>the</strong> households holding newtitles. However, it is shown that moving a poorhousehold from uncertain usufructuary rightsto a more complete bundle <strong>of</strong> property rightssubstantially increased investment in <strong>the</strong> familyhouses. Property registration and guarantee<strong>of</strong> <strong>the</strong> homes reduced <strong>the</strong> size <strong>of</strong> families and<strong>the</strong>se smaller families invested more in <strong>the</strong>education <strong>of</strong> <strong>the</strong>ir children. Ano<strong>the</strong>r study findsthat formal property rights lead to more availabletime for productive activities <strong>of</strong> propertyholders who do no longer need to defend <strong>the</strong>irassets. 94Property rights bring increased economic benefitswhen linked to a functional credit systemand market, but <strong>the</strong>y do not, by <strong>the</strong>mselves,cause <strong>the</strong> emergence <strong>of</strong> a functional and propoorcredit system. 95 Legal property rights effectivelylead to credit and investment whererobust financial markets exist and where <strong>the</strong>reare fur<strong>the</strong>r incentives for investment. 96 Evenwhen in possession <strong>of</strong> titles and registeredproperty, small-scale farmers and <strong>the</strong> urbanpoor most <strong>of</strong>ten do not put <strong>the</strong>ir land or modestdwellings at risk by using <strong>the</strong>m as collateralfor credit. 97 Tenure security and economicbenefits o<strong>the</strong>r than capitalisation via collateral<strong>of</strong> land property seem to be primordial for<strong>the</strong> poor. Although <strong>the</strong>y are efficient producers,small-scale farmers and business peopletend to lose out in land and financial marketswhich are regulated with provisions that privilegeconsolidation. Market based land reforms<strong>the</strong>refore now tend to be accompanied withtargeted credit for <strong>the</strong> poor.6) Costs and Benefits <strong>of</strong> Property Rights Protection.From <strong>the</strong> perspective <strong>of</strong> <strong>the</strong> poor and<strong>the</strong> state, <strong>the</strong> costs <strong>of</strong> formal titles have tobe weighed against <strong>the</strong> costs <strong>of</strong> insecurity <strong>of</strong>tenure, or against informal costs (bribes) inobtaining titles which harm <strong>the</strong> poor and <strong>the</strong>state. 98 In many unreformed contexts, only few85

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