2005Forum for Development StudiesRequires access

Vernacular Land Markets and the Changing Face of Customary Land Tenure in Africa

Admos Chimhowu, Phil Woodhouse

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Abstract

Contemporary discourse on land in Africa suggest that customary or ‘communal’ tenure is the only check against freehold market-induced landlessness among the poor in the African countryside, and that ‘pro-poor’ land policy should therefore strengthen customary rights to land. This article draws on a growing body of evidence on the emergence of vernacular rural land sales and rental markets to question assumptions that underlie the non-market ‘ideal type’ communal tenure model that has historically dominated policy thinking in Africa. It argues that recognition of the specific characteristics of ‘vernacular land markets’—market-based transfers of land under customary tenure—is essential if state land policies are to succeed in promoting the interests of the poor.

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What this paper is about

Contemporary discourse on land in Africa suggest that customary or ‘communal’ tenure is the only check against freehold market-induced landlessness among the poor in the African countryside, and that ‘pro-poor’ land policy should therefore strengthen customary rights to land. This article draws on a growing body of evidence on the emergence of vernacular rural land sales and rental markets to question assumptions that underlie the non-market ‘ideal type’ communal tenure model that has historically dominated policy thinking in Africa. It argues that recognition of the specific characteristics of ‘vernacular land markets’—market-based transfers of land under customary tenure—is essential if state land policies are to succeed in promoting the interests of the poor.

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Available abstract

Contemporary discourse on land in Africa suggest that customary or ‘communal’ tenure is the only check against freehold market-induced landlessness among the poor in the African countryside, and that ‘pro-poor’ land policy should therefore strengthen customary rights to land. This article draws on a growing body of evidence on the emergence of vernacular rural land sales and rental markets to question assumptions that underlie the non-market ‘ideal type’ communal tenure model that has historically dominated policy thinking in Africa. It argues that recognition of the specific characteristics of ‘vernacular land markets’—market-based transfers of land under customary tenure—is essential if state land policies are to succeed in promoting the interests of the poor.

Key concepts: Customary land, Freehold, Land tenure, Vernacular, Renting, Land law, Face (sociological concept), Land reform

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