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Download the file - United Nations Rule of Law

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households can afford <strong>the</strong> cost <strong>of</strong> a title. 99 Aswill be discussed, adapting laws and proceduresto <strong>the</strong> social context can considerablyreduce <strong>the</strong> costs <strong>of</strong> titling and registrationby reducing administrative inefficiencies andby <strong>the</strong> use <strong>of</strong> modern technology. Legally enforcedproperty rights systems are not necessarilycost ineffective and expensive. 1007) Fees and Taxes. The integration <strong>of</strong> irregularsettlements into legal property rights systemsincreases tax revenues to governments. 101 On<strong>the</strong> o<strong>the</strong>r hand it is obvious that inappropriatefees and taxes can push people back into extralegality.102 As far as <strong>the</strong> poor are concerned,registration fees and taxes have to be set atminimal levels. The key elements that have tobe in place for property tax reform: existence <strong>of</strong>adequate technical expertise; appropriate landrecords and administration are required as <strong>the</strong>basis for <strong>the</strong> property lists; sufficient flexibilityto allow <strong>the</strong> phasing in <strong>of</strong> major changes is essentialto forestall challenges and resistance tochanges; political understanding and will areperhaps <strong>the</strong> most critical preconditions if <strong>the</strong>substantial challenges <strong>of</strong> implementing a highlyvisible, difficult to evade, tax, are to be overcome.1035. Recommendations forReform and ImprovedActionThe diversity <strong>of</strong> contexts and stakeholders affectedby problems <strong>of</strong> faltering property rights,as well as <strong>the</strong> high complexity <strong>of</strong> <strong>the</strong> issue, doesnot indicate that <strong>the</strong>re will be a one time, onesize-fits-allsolution. What is needed is a seriousand continuously monitored reform process andparallel interventions inducing far-reaching andsustainable reforms <strong>of</strong> <strong>the</strong> four building blocks <strong>of</strong><strong>the</strong> property rights system; that is: (1) reforming<strong>the</strong> property system as one <strong>of</strong> rules defining orenabling bundles and bearers <strong>of</strong> property rightsallowing <strong>the</strong> poor to access and secure propertyalone, as members <strong>of</strong> communities, or as communities;(2) reforming it as a system <strong>of</strong> governanceso that targeted actions securing <strong>the</strong> propertyrights <strong>of</strong> <strong>the</strong> poor can be taken effectively and legitimately;(3) reforming it as a functioning market<strong>of</strong> assets to include <strong>the</strong> poor in <strong>the</strong> chains <strong>of</strong>value addition enabling <strong>the</strong>m to become capablemarket participants, and (4) reforming <strong>the</strong> propertysystem as one <strong>of</strong> social policy with targetedmeasures <strong>of</strong> capacity building, information, andaccess to property and housing. Parallel reformwork sustained by constant monitoring in all fourdimensions is advocated to achieve real progress.Common features <strong>of</strong> policy design and prioritisingare also dealt with in this section, and outlinesare presented <strong>of</strong> important subsidiary and stabilisingactions that ei<strong>the</strong>r have or can be taken bydonor countries and multilateral organisations.86Reforming <strong>Rule</strong>s Regarding Bearersand Bundles <strong>of</strong> Property RightsProperty rights stand for <strong>the</strong> bundle <strong>of</strong> libertiesand claim rights tied to <strong>the</strong> allocation <strong>of</strong> a resourceto a natural or legal person. The property

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