Z i o n C o l l e g e o f Te c h n o l o g y a n d B u s i n e s s
Department of Surveying Technology
Course title; Land Law and Administration
Prerequisite; Cadastral Surveying
Course code; SuT4064
Credit hour; 3
Instructor; Mitiku Teka
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Chapter One
Introduction
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What is land
•Ground + fixtures on and natural resources beneath ground + rights
•Ground + fixtures (e.g. Building)
•Ground only
•In Ethiopia land signifies only the ground and plants fixed thereon
•Art. 40(3) FDRE Constitution
•Art. 1126, 1130 of the Civil Code
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Types of land ownership
•There are four types of property regimes found around the world:
–Private ownership
–Communal ownership
–State ownership
–Open access
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1.2 Private ownership
•Ownership right vested in the individual person
•Provides rights of use, exchange, and exclude others from using it. (use,
rent/lease, mortgage, inherit, donate, sale, exchange).
•Widest right 1204(1) of Civil code
•Many countries recognized it, and others prohibited it (former USSR),
African countries, (Union of Soviet Socialist Republics).
•In Ethiopia, land belongs to the state and the Ethiopian people. No private
ownership of land. Read Art. 40(3) of FDRE constitution.
•As a segment of private ownership, joint ownership (such as
condominium) and common ownership within a family can also be
categorized here.
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…….Cont.
1.3 Communal property
The defining characteristic of communal property is that every
member of the community has the right not to be excluded from the
resource.
An individual who is a member of the community therefore has not
only a privilege to use the thing, but also a right not to be excluded
from it.
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…….Cont.
Communal ownership of land refers to such property of land
commonly owned by a community of a certain village or locality.
•Grazing land, fishery, forest, irrigation system
Proc. 456/2005 defines it as "communal holding"
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1.5 Open access (ownerless property)
There are some things in respect of which no one has property rights.
Every person has a free access to use or exploit such things.
It is not possible to force the state or individuals to provide or maintain its
availability
More eg. Waking paths, parks, radio/TV waves
Is it possible for ETV to force us to subscribe? Or should it limit its services
by putting codes etc?
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The difference between open access and communal property is that in the
first case a person may not claim a use as a matter of right, while he may do
in the second case.
The similarity is that in both cases no body can exclude the person from
using the resource.
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1.4 State property
• Connotations between “state/government ownership” and “collective/public
ownership”
•State ownership of land is common in many countries, especially urban land
• In most countries, mountains, public highways, public halls, parks, trans-
boundary rivers and forest lands, lakes, etc are owned and administered by
the state.
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…….Cont.
For urban land: Art. 1445 Civil Code “pubic domain”
Article 2(13), of Proc. 456/2005 considers “forestlands, wild life
protected areas, state farms, mining lands, lakes, rivers and other
rural lands,” as state holding lands.
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1.6 The Scope of the object of Right to Land
He who is proprietor of land is proprietor also of every thing on it.
The owner of the surface of the real estate has property rights in the air above
the surface and in soil below.
All buildings, all natural fruits, and everything above as well as below the
surface, belong to the owner of the land.
Land includes not only the ground, or soil, but everything that is attached to
the earth (trees and herbage, or houses and other buildings.)
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In Ethiopia
•In Ethiopia, the extent of ownership of land is regulated by the civil code.
•Read articles 1207-1211
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Chapter two
Land Policy in Ethiopia
Chapter outline
•Land policy, Rural land policy
•Rural land tenure during Imperial Era
•Rural land laws of the Derg era
•Current Rural land law
• Urban land Lease Holding Proclamation
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Land Rights in Ethiopia
Property rights are the social institutions that define or delimit the
range of privileges granted to individuals to specific assets, such as
parcels of land or water.
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Land Tenure
•Land tenure is about the ways land resources are allocated
•They define how access is granted to rights to use, control, and
transfer land, as well as associated responsibilities and restraints.
•In simple terms, land tenure systems determine who can use what
resources for how long, and under what conditions.
•Land tenure could be governed legally or customarily
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For generations, land rights in Ethiopia were governed and
enforced by customary system.
It was only after the 1960s and 70s, that some legal measurements
that changed the old system were introduced, especially with regard
to rural land.
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Imperial Era
•The imperial era (pre 1974) tenure system in Ethiopia may be
classified as pre and post Menelik eras
•Reasons: the re-annexation of additional territories and introduction
of new tenure systems
•Enactments of decrees in respect of rist and gult lands.
•Enactments of constitutions and Civil Code that changed the property
right system
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Pre 1975 tenure system- North
• Starting from time immemorial land was controlled by the king.
•All lands annexed as a result of expansion of territories went to the
king
•Land collected in this way had been distributed to individuals,
church and partly held by the state itself.
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Classification of private tenure during Imperial Era
Rist vs. Gult
•Rist right confers use right over the land.
•Rist holders had all rights except sale.
•Original Rist right may be created as a result of imperial grant or
clearance of forest by the original father.
•It is inheritable to children irrespective of sex or birth order.
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…….Cont.
Gult right (like fief right) provides rights of administration,
adjudication, and tribute collection over rist holders who settled on the
land
This right is acquired by the nobility/aristocracy through imperial
grant. Some how it was like public office and needed appointment.
Since it was temporary right (may also be life time for some), it was
neither inheritable nor alienable.
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Rights and Obligations of rist owners and gult
holders
Rist Holder Peasants
•Land tax- tribute(1/3) and tithe (1/10) of total produce
•In the old days peasants were also required to provide manual service
to the nobility and the church (grinding, fencing, farming, collecting
firewood) which claimed 1/3rd of peasant’s time
•Concerning decision of production the peasant had full right.
Geb & Asr
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…….Cont.
Gult holder…
•The Gult holder after being granted the office he acted as chief tax
collector, judge, and administrator.
•For his service he shall:
retain part of the tax for himself.
uses the court fees and fines he collected in his capacity as a
judge.
own land as rist to be cultivated by the peasants
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Derg Era- Rural Land
After the demise of the imperial power, a military junta (Derg)
came to power.
The Derg immediately passed two land related proclamations
which fundamentally changed the age old tenure system
Proclamation 31 of 1975 nationalized all rural land and transferred
it to state ownership (Art.3)
Land was redistributed in the country and landless tenants got their
own land.
No compensation for land confiscation
It gave only use right.
It specifically prohibited sale, donation, mortgage, lease/rent or
inheritance of land ZCB, Land Law & Administration 25
…….Cont.
The Ministry of Land Reform and Administration, of Haile
Sellassie, proposed for all individually owned lands above 20
hectares to be distributed.
The Derg used this notion and limited the maximum limit to 10
hectares (art. 4(3)
Large scale agri. Was distributed, or held by cooperatives or run by
the state
Peasant association with the sole objective of land distribution
(art.10) were established in an area that covers 800 hectares
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Effects of land reform
The Derg had enjoyed popular support from the peasantry of the
south.
On the other hand northern peasants (rist owners) and big land
owners from across the country opposed the law
Because:
it reduces the previous holdings;
restricts the land rights as mentioned above
Student led opposition movements instantly wage war over the
Derg.
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…….Cont.
Generally speaking, the land distribution was successful at that time
but later erroneous policies prevented the peasant from enjoying it.
(villagization, resettlement, grain requisition)
The “Land to the Tiller” question that brought the Derg to power
was paradoxically sabotaged by the Derg itself.
The government ended up as owner rather than the peasant.
Finally peasant supported armed resistance brought down the Derg
from power in 1991.
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Derg-Urban Land
The Derg also enacted in the same year Proclamation 47/1975, which
nationalized “all urban land and extra rentable houses”
All urban land was transferred to state ownership (art. 3.1) and homeless
people were allocated with 500 M2 land to build one (art.5)
No compensation was paid for the loss of land (art. 3.3)
All extra urban houses (houses other than dwelling houses) were also
nationalized
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…….Cont.
Urban land was not subject to sale, mortgage, donation, inheritance,
and lease (art. 4.1)
Government became sole owner of land and collector of rent
The effect was that shortage of housing in major cities (private
construction of houses for rental purposes was shrunken)
The proc. allows for payment of compensation for loss of houses
(art.18)_ yet no evidence for payment of compensation
However, government had been paying 250 birr for those land lords
who had no other income other than the rent they used to collect
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FDRE Rural Land law
After assuming power, in 1991, the current government passed a
constitution in 1995.
The much anticipated constitution once again maintained state
ownership of land in Ethiopia.
The right to ownership of rural and urban land, as well as of all natural
resources, is exclusively vested in the State and in the peoples of Ethiopia.
Land is a common property of the Nations, Nationalities and Peoples of
Ethiopia and shall not be subject to sale or to other means of exchange.
[Art. 40 (3)]
The justification for state ownership of land in Ethiopia is based on
two grounds: social equity and tenure security.
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Land policy and the debate
Ethiopia has no separate land policy; it is included in the constitution
The policy is that land should be remained under public and state
ownership
Two main reasons are social equity and tenure security
In order to ensure social equity the constitution and other subsidiary
legislations allowed any person to get land for free
Critics: this doesn’t practically work for lack of land in rural areas, “social
equity is costly in that it amounts to social poverty”
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…….Cont.
Tenure security is to be chiefly guaranteed through prohibition of
sale
Government argued that if land is salable then overtime it may be
concentrated in the hands of speculators; will create massive
migration to cities.
Rather those who genuinely wish to invest in rural land will get
land in lowlands of the country
Critics: the argument is not corroborated with evidence; rather
studies show that farmers prefer rent to sale during periods of
hardship
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Critics of the land policy
Critics of the land policy generally said that the land policy:
promotes insecurity of tenure because it allows, among other
things, periodic redistribution;
is inefficient because it constrains land transactions and has
inhibited the emergence of a dynamic land market,
promotes fragmentation of land and growing pressure on land
resources because it discourages rural people from leaving their
farms for other employment opportunities;
gives the state immense power over the farming population
because land is state property.
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The current rural land legislations and the power of federal and
states
The Federal government is empowered with the enactment of laws
for utilization and conservation of land and natural resource
(Constitution art. 51,5)
Regional states are empowered with administration of their
respective land in accordance with federal laws (Const. Art. 52.2.d)
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…….Cont.
Federal Gov. enacted Proclamation 89/1997 and repealed and replaced
by 456/2005
•Also are relevant Expropriation Proc. 455/2005 and Compensation
Reg. 135/2007.
•Regional Rural land and administration and use Proclamations
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Proclamation No. 721/2011
Urban land Lease Holding Proclamation
Terminologies
Lease means a system of land tenure by which the right of use of urban land is
acquired under a contract of a definite period
Old possession means a plot of land legally acquired before the urban center
entered into the leasehold system or a land provided as compensation in kind
to person evicted from old possession
Urban center means land located within the administrative boundary of an
urban center.
Urban center means any locality having a municipal administration or a
population size of 2000 or more inhabitants of which at least 50% of its labor
force is engaged in non-agricultural activities ZCB, Land Law & Administration 37
Conversion of old possession of lease holding
Where a property attached on an old possession is transferred to a
third party through any modality other than inheritance, the person to
whom the property is transferred becomes the possessor through lease
holding.
In order to regularize possession held without the authorization of the
appropriate body, the possessions which have found to be acceptable
in accordance with urban plans and parceling standard following the
regulations to be issued by regions and city administrations shall be
administered by lease holding
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…….Cont.
Where an application to merge an old possession with lease a lease
hold is permitted, the entire possession shall be administered as a lease
hold tenure.
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Urban lands prepared for tender
The appropriate body shall ascertain that
i. Are free from legal claims of any party
ii.Are prepared in conformity with the urban plan
iii.Have access to basic infrastructure
iv.Are parceled, delineated, assigned with unique parcel identification
numbers
v.Have site plans and fulfill other necessary preconditions and
vi.The tender process is implemented in a manner that secures the
appropriate price of the land following the rules of transparency and
accountability
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Urban land lease price
Every plot of urban land shall have a benchmark lease price.
The valuation method shall be determined on the basis of the objective
conditions of each urban center in accordance with regulations issued
by the respective regions and city administrations.
A price map shall be prepared based on the bench mark prices of
different locations computed.
The bench mark lease price shall be updated at least every two years to
reflect current conditions.
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Allotment of urban land
Allotment of urban lands may upon decision of the cabinet of the
concerned region of the cabinet of the concerned region or the city
administration be permitted for:
i. Office premises of budgetary government entities
ii. Social service institutions run by government or charitable
organizations
iii.Public residential housing construction program and government
approved self-helping housing construction
iv.Places of worship of religious organization
v.Manufacturing industries
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…….Cont.
vi. Uses of embassies and international organizations as per
agreements entered into with the government.
vii. Projects having special national significances and considered by
the president of the region or mayor of the city administration and
referred to the cabinet.
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Lease holding certificate
Leasehold certificate shall be issued to a person to whom an urban
land lease holding is permitted
The lease hold certificate shall include the following particulars:
i. Full name of the lessee, including grand father’s name
ii.Size and location of the plot
iii.The type of service, land grade and plot number
iv.Total lease amount and down payment
v.The amount of annual lease payment and the time of the final lease
payment to be affected
vi.The lease period
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Period of lease
The period of urban land lease shall vary depending on the level of
urban development and sector of the development activity or the type
of service and shall have the ceiling of:
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…….Cont.. period of lease
i. In any urban center
a. 99 years for residential housing, science and technology , research
and study, government offices, charitable organizations, and
religious institutions
b. 15 years for urban agriculture
c. As per agreement entered with the government entered with the
government for diplomatic missions and international
organizations
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…….Cont. period of lease
i. In Addise Ababa
a. 90 years for education, health, culture and sports
b.70 years for industry
c. 60 years for commerce
d.60 years for others
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…….Cont. period of lease
i. In other urban centers
a. 99 years for education, health, culture and sports
b.80 years for industry
c. 70 years for commerce
d.70 years for others
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Renewal of period of lease
The period of lease may be renewed upon its expiry on the basis of
the prevailing bench mark lease price and other requirements
provided, however, that lessee may not be entitled to compensation
where the lease period could not be renewed.
The period of lease shall be renewed, if the lease applies in writing
to the appropriate body within 10 to 2 years before the expiry of the
period of lease.
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…….Cont.
The appropriate body shall notify to the applicant in written, its
decision within one year from the date of submission of the
application, and where it fails to communicate its decision with in
such period, it shall be deemed as through it has agreed to the
renewal request. In such case, the contract shall be renewed on the
basis of the prevailing benchmark lease price and for the period
pertinent to the type of the service.
The officer or employee who has failed to respond, he shall be
held accountable for the adverse consequences of the renewal, if
any.
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Basics of the constitution
• Every Ethiopian has the right to own private property. (40.1)
• Private property is any thing which is created by the labour,
creativity, enterprise or capital of the individual (40.2)
• Land is not subject of private ownership. It is the common property
of the state and the people. (40.3)
• Farmers and pastoralists will get land free of charge (40.4&5).
• Investors will get land upon payment (40.6)
• Every person will have full right to the immovable and
improvements on the land (40.7)
• Government may expropriate pvt property for public purpose and
upon payment of compensation (40.8)
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