Land informality, or the absence of clear property rights, has been identified as a strong cause for lower economic development performance. In Africa, despite the presence of a formal institutional setting of property rights and established laws, the practice of land rights has favored a persistent informal institutional regime. This dissertation addresses the reasons for the persistence of land informality in the presence of formal laws in the case of Ouagadougou in Burkina Faso. Using process tracing, I dissect the processes of land conflict resolutions within the formal and informal institutions in order to pinpoint reasons for such prolong informality. I identify a very coherent and organized institutional set within the customary institutions, and the ambiguous relationship these institutions have with formal institutions. The inability of the formal institutions to resolve the informality issue is not the result of incompetence; it is the result of survival mechanisms from both the informal and formal institutions. Informality is the effect of the layered institutional setting and persists because of the resilience of survival mechanisms.

Lesotho is faced with massive problems relating to the environment and landuse planning. The main concern is land degradation and soil erosion. The problems which have been identified are legislative and socio-economic. The social and economic make-up of the country makes it a difficult task to redress the identified problems. Lesotho has ample laws which addresses the environment and proper land-use planning but there is evident lack of implementation and law enforcement. A decisive government policy which recognise the importance of according environmental issues the highest priority is needed. This will facilitate proper implementation. / Private Law / LL.M.

Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1981. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Bibliography: leaves 107-109. / by Virginia Chrisman Welles. / M.C.P.

Lesotho is faced with massive problems relating to the environment and landuse planning. The main concern is land degradation and soil erosion. The problems which have been identified are legislative and socio-economic. The social and economic make-up of the country makes it a difficult task to redress the identified problems. Lesotho has ample laws which addresses the environment and proper land-use planning but there is evident lack of implementation and law enforcement. A decisive government policy which recognise the importance of according environmental issues the highest priority is needed. This will facilitate proper implementation. / Private Law / LL.M.

Thesis. 1976. M.Arch.--Massachusetts Institute of Technology. Dept. of Architecture. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Bibliography: leaves 118-122. / M.Arch.

by Ng Tat-ming Simon. / Thesis (M.Phil.)--Chinese University of Hong Kong, 1994. / Includes bibliographical references (leaves 94-109). / ABSTRACT --- p.ii / ACKNOWLEDGEMENTS --- p.iii / Chapter / Chapter 1. --- INTRODUCTION --- p.1 / Economic Reform and Social Change / Law and Economic Reform / The Case of Urban Land Management in Shenzhen / The Research Problem and Its Significance / The Scope of Research / Limitations and Difficulties / Arrangement of Chapters / Chapter 2. --- THE HISTORICAL BACKGROUND OF LAND LAWS AND PRACTICES： A COMPARISON BETWEEN THE PRE-REFORM AND REFORM ERA --- p.22 / The State Ownership System / "Laws and Policies in Pre-reform China, 1949-1978" / The Post-1978 Reform and Urban Land Use / Concluding Remarks / Chapter 3. --- THE DEVELOPMENT OF LAND MANAGEMENT LAWS IN THE REFORM ERA: THE CASE OF SHENZHEN SPECIAL ECONOMIC ZONE --- p.45 / "Land Laws and the Development of Shenzhen SEZ, 1982 -1987" / Infra-structural Development of Land and Disguised Land Market / Adjusting to the New Socio-economic Situation: Development in Shenzhen SEZ since1987of Land Management Laws / The SEZ Land Management Regulations1988 and Beyond / Chapter 4. --- CONCLUSION AND ITS IMPLICATIONS --- p.81 / Reversal of Socialism: Implications of the Shenzhen' Exper ience / Withering Idea of Land Management and Proliferation of Networks of Legal Relationships upon Urban Land / The Influence of Hong Kong / Jurisprudential Implications of Shenzhen's Experience / Conclusion / BIBLIOGRAPHY --- p.94 / APPENDIX I --- p.104 / APPENDIX II --- p.110

The research report is hereby submitted in the fulfilment of the requirements for the degree of Master of Science in Development Planning to the School of Architecture and Planning, Faculty of Engineering and Built Environment, at the University of the Witwatersrand, Johannesburg, 2017 / The main aim of the study is to investigate the significance of the Spatial Planning and Land Use Management Act (16 OF 2013) (SPLUMA) and its possible implications on land allocation in areas under traditional authority. In order to achieve this, the Act was reviewed as a data collection mechanism. This was done in order to gain an in-depth understanding of the act and its objectives before attempting to formulate the implications of this Act on land allocation in areas under traditional authority .This study explored how this new planning legislation (i.e. SPLUMA) will affect the roles and functions of traditional leaders in rural development and overall service provision, focusing mainly on land allocation. The research study discovered that SPLUMA was a significant Spatial and Land Use Management legislation in South Africa which is central in addressing issues of land rights and rural development. The findings were that there has been tension between traditional leaders and elected local government officials as they found contesting for power and authority in rural areas. This was because of the ambiguity and vagueness of the Constitution and the Traditional Leadership and Governance Act on issues of power and functions of the two institutions especially on matters of land allocation and administration. Another finding was regarding the socio-economic implication which showed that SPLUMA was a planning law which has potential to redress the socio-economic imbalances left by the colonial and apartheid regimes, but it requires the collaboration of traditional leaders as custodians of tribal land and customary law. Conclusions and key recommendations were that local government officials and traditional leaders need to cooperate on issues of land allocation and administration. However, clarification of roles and functions in SPLUMA regulations should be done to avoid tension and frustrations. Furthermore, there is also a need for national land allocation guidelines which traditional leaders should consider when allocating land. Lastly, capacitation of traditional leaders on spatial planning, land management and rural governance was indispensable in promoting land rights and rural development in areas under their jurisdiction. / MT2017

Thesis. 1975. M.C.P.--Massachusetts Institute of Technology. Dept. of Urban Studies and Planning. / Bibliography: leaf 222. / M.C.P.

Legislation in various jurisdictions alters the common law right to control access to one???s land by allowing the imposition of rights of access in favour of one landowner over the land of another. The relevant legislation can be divided into two categories. The first-generation legislation (s 88K, Conveyancing Act 1919 (NSW) and s 180, Property Law Act 1974 (Qld)) permits the creation of easements over servient land to facilitate the development of dominant land. The second-generation legislation (the Access to Neighbouring Land Act of New South Wales, Tasmania and the United Kingdom) permits the creation of temporary rights of access over servient land to facilitate work on dominant land. This thesis examines the extent to which this change in the law can be justified by three modes of ethical discourse: right-based, duty-based, and goal-based reasoning. An examination of the first-generation legislation and the cases in which it has been applied suggests that a form of goal-based reasoning can be used to justify its enactment. The legislation is needed to facilitate the efficient use of land where the existence of a bilateral monopoly and the possibility of strategic bargaining puts at risk the conclusion of a mutually beneficial agreement regarding access. A review of the second-generation legislation and the law reform reports and parliamentary debate that preceded its enactment indicates that the legislation can be justified by a form of duty-based reasoning. The legislation is needed to bring about a proper social ordering by imposing access rights where this would be consistent with the ideal of good neighbourliness. The thesis concludes that although these goal-based and duty-based discourses make an arguable case for the enactment of both generations of the legislation, neither of them, in an unadulterated form, provides a conclusive justification. Rather, an eclectic approach that draws on both discourses is required. It proposes that the legislation???s compensation provisions be amended to reflect the commingling of the ideas of efficiency, a properly ordered society and intensive land use, and to allow the servient owner to share in the benefits generated by the imposition of access.

Legislation in various jurisdictions alters the common law right to control access to one???s land by allowing the imposition of rights of access in favour of one landowner over the land of another. The relevant legislation can be divided into two categories. The first-generation legislation (s 88K, Conveyancing Act 1919 (NSW) and s 180, Property Law Act 1974 (Qld)) permits the creation of easements over servient land to facilitate the development of dominant land. The second-generation legislation (the Access to Neighbouring Land Act of New South Wales, Tasmania and the United Kingdom) permits the creation of temporary rights of access over servient land to facilitate work on dominant land. This thesis examines the extent to which this change in the law can be justified by three modes of ethical discourse: right-based, duty-based, and goal-based reasoning. An examination of the first-generation legislation and the cases in which it has been applied suggests that a form of goal-based reasoning can be used to justify its enactment. The legislation is needed to facilitate the efficient use of land where the existence of a bilateral monopoly and the possibility of strategic bargaining puts at risk the conclusion of a mutually beneficial agreement regarding access. A review of the second-generation legislation and the law reform reports and parliamentary debate that preceded its enactment indicates that the legislation can be justified by a form of duty-based reasoning. The legislation is needed to bring about a proper social ordering by imposing access rights where this would be consistent with the ideal of good neighbourliness. The thesis concludes that although these goal-based and duty-based discourses make an arguable case for the enactment of both generations of the legislation, neither of them, in an unadulterated form, provides a conclusive justification. Rather, an eclectic approach that draws on both discourses is required. It proposes that the legislation???s compensation provisions be amended to reflect the commingling of the ideas of efficiency, a properly ordered society and intensive land use, and to allow the servient owner to share in the benefits generated by the imposition of access.