LAND TENURE: SOME EXPLANATIONS AND DEFINITIONS
| Date | 01 April 1954 |
| Author | S. Rowton Simpson |
| Published date | 01 April 1954 |
| DOI | http://doi.org/10.1002/j.1099-162X.1954.tb00046.x |
50 JOURNAL OF AFRICAN
AD:\UNISTRATIO"
LAND TENURE:
SOME
EXPLAKATIONS
AND
DEFINITIONS
By S.
Routon
Sim
psou, C.JJ.E.,
Land
Tenure Specialist, Colonial Offic«.
[Note: This is a revised ccrsion of notes tchicli I prepared
fOT
discussion. 1cith officials during a tour of East Africa in
195'3].
Preliminary
Objective
Native
Custom
Interests
in
Land
Adjudication of
Title
Circumstances which may make Adjudication Desirable
Recognition of Existing Interests
Grant
of
New
Interests
Grant
of a
Title
Registration of
Title
Registration of Deeds
Cadastral
Plans
Security of
Tenure
Prescription and Limitation
Fragmentation
and Consolidation
Multiple
Ownership
Succession
Indefeasible and Presumptive
Titles
Control of Disposition and Subdivision
Control of
Use
of
Land
Agricultural Credit
Diversitv of Conditions
Special
'Lands
Officer
Para
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Preliminary.
1.
The
amount
of material on the subject of "
land"
is already so vast that I
hesitate to add anything to the pile,
but
I hope
that
the following definitions, and
explanations of a gcneral nature, may save time and avoid misunderstanding when
my own approach to the
matter
is
under
discussion.
TIll! Objl'ctii·('.
') In
the"
Dual
.\[andate
in British Tropical
Africa"
Lord
Lugard'
wrote:-
" In the earliest stage the land
and
its produce is shared by the community
as a whole; later the produce is the property of the family
or
individuals by
whose toil it is won, and the control of
the
land becomes vested in the
head of the family.
When
the tribal stage is reached, the control passes .to
the chief, who allots unoccupied lands at will,
hut
is not justified in dis-
possessing any person or family who is using the land.
Later
still when
the
pressure of population has given to the land an exchange value. the con-
ception of proprietary rights emerges, and sale, mortgage, and lease of the
lund,
apart
from its user, is recognised.
"These
processes of natural evolution, leading up to individual ownership,
may. rbelieve, be traced in every civilization known to history."
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