Systematic Urban Titling in Benin

Transcription

1 Systematic Urban Titling in Benin Bill Valletta, MCC Property Rights and Land Tenure Specialist Transformation of customary/contractual and administrative rights in urban land parcels into civil law proprietorship Initiative of government of Benin carried out by the inter-ministerial National Commission to Support the Operation of Titling [CNAO-TF]

2 Background Three Regimes of Tenure: Regime of Custom Land transferred to occupant by contract, binding only the two-parties Regime of the State Domain Land transferred to occupant by administrative occupancy permit from regional or municipal agency Regime of Civil Law Right of proprietorship formed by process of immatriculation

3 Background Under the regime of custom: Land is available cheaply and easily for households and small businesses Tenure is informal and precarious Under the regime of the domain: Tenure is revocable and frequently informal

4 Distinct procedures Retroactive urban planning and re-subdivision of lands under state and municipal authority Transformation of land contracts and permits to civil law proprietorship

5 Program of Transformation of Urban Land Rights Two-Phase, systematic and zone by zone process to immatriculate (form and register) the land parcels Precise survey and agreement on boundaries with neighbors Public notice and opportunity to contest Results in unattackable title

6 Phase 1 of Program Zone selection and assembly of landholders; Zone perimeter survey; Registration of zone as global title under proprietorship of the state or Association of Landholders.

7 Phase 2 of Program Parcel survey with neighbors agreement on parcel boundaries; Registration of the parcels; Collection of landholders documents proving possession; Notary verification of the proofs; Inscription of verified landholders as proprietors and delivery of titles.

8 Results of Program From zones in 3 cities 1,453 registered land parcels on which 111 citizens claimed civil law titles From zones in 10 urban centers 1,408 parcels registered out of 4,000

9 MCA Benin Land Project ( ) Objective: 30,000 parcels registered in 28 zones in 20 urban centers with 30,000 proprietors inscribed Progress to date (March 2011): 28 global parcels created Subdivision of 30,000 parcels underway 10,105 citizens have submitted documents of proof

10 MCA-Benin Project Improvements to the Process Procedures streamlined by combining perimeter and parcel surveys; Categories of eligible landholdings expanded by defining the documents of proof that citizens can submit; Standardized methods for citizens to obtain updated or corrected documents of proof from municipal agencies.

11 Land Tenure Regularization in Lesotho MCA-Lesotho Land Administration Reform Project Stevan Dobrilovic, MCC Property Rights and Land Tenure Specialist

12 Typical Informal Settlement Photo: Christian Lemmen/Netherlands Kadastre

13 Informal Settlement in Lesotho Photo: Peter Donker, MCA Lesotho Land Administration Reform Project PIU

14 Atypical Characteristics of Informal Settlements in Lesotho Parcel Size -- Parcels often measure 600 m 2 or more Layout -- Rudimentary planning exists in most settlements (road and pedestrian access to most parcels) Acquisition of parcels -- Many occupants informally purchased subdivided agricultural land Other -- Access to water and individual sanitation; room for gardens; solid construction houses

15 MCA Lesotho Land Administration Reform Project Objective To systematically formalize rights to 55,000 informally settled land plots Issue registered land leases to occupants of 55,000 land plots Modernize land administration in Lesotho Simplify procedures to obtain formal title to land and conclude mortgages Reduce costs associated with transfers and mortgages to bring more people into the formal land administration system and encourage them to remain within the system

16 Results of project Design phase (scheduled June 09 to June 11) 1,912 Leases approved and in process of issuance 3,738 cadastral parcels formed and approved 4,962 urban parcels mapped Approval of some 3,000 additional leases pending Implementation phase (May 11 to Sept 13) 50,000 additional parcels to be regularized with leases issued and registered

17 Planning Issues Planning Standards Expectation: Standards would be substantially relaxed to accommodate minimal disturbance policy in regularization Actual: Planners proposed to replan entire settlement; action would trigger large scale involuntary resettlement action under WB OP4.12 (MCC uses WB involuntary resettlement standard) Roads Expectation: to widen roads with minimal taking land Actual: little widening of roads needed to date, but more expected as settlements involved in regularization are less well established

18 Planning Issues Resettlement Expectation: Resettlement needed in areas where occupants encroach on hazards (under high voltage lines, in flood plains, etc.) and road rights of way Actual: Some encroachments have been dealt with by challenging planning (ex. settlement in unused/old road reserve ; settlement near ravine claimed flood zone). Also had redlined out areas where substantial resettlement likely Note: Little involuntary resettlement is expected in long standing settlements, because of large parcel sizes; rudimentary layout in settlements; and existing access to most parcels. More involuntary resettlement expected in newer settlements

19 Planning Issues Unoccupied areas Expectation: Plan greenfield areas using modified standards to keep fabric of community intact Actual: TBD No experience yet In newer settlements more unoccupied parcels are expected. This is expected to result in: Planning of unoccupied lands in cooperation with community and local government stakeholders Survey and subdivision of unoccupied lands Preparation of leases for unoccupied land to be allocated in future

20 Disputes Expectation: Many disputes related to boundaries, family issues, etc. Actual: Few disputes encountered to date pilot areas are long settled with established occupancy and access to nearly all parcels Types of disputes most disputes are: 1. Family issues related to inheritance or divorce 2. Boundary matters related to lack of awareness of overlaps between formally allocated parcels and informally occupied parcels

21 Costs Design phase Costs are High! Need to be reduced Regularization -- $69/per regularized parcel largely due to cost of land survey ($42/per parcel) Implementation phase Total costs of regularization to be reduced substantially with simplification of procedures Land survey costs to be reduced with application of technology and increased efficiency

22 Thank you for your attention!