intro · 2013. 9. 12. · intro the interest among academics to research the relationship between...
TRANSCRIPT
Intro
The interest among academics to research the relationship between property rights and
investment increased following the World Bank’s “Land Reform Policy Paper” in 1975. Since
then there has been a trend in land policy towards establishing individual property rights.
Several studies (Carter & Olinto 1996; Lopez 1996; Deininger et al. 2006) show that property
rights have a positive impact on promoting investment on land. The widely acknowledged
theoretical incentives to invest as a result of secure property rights on land1 according to
Besley (1995), is that it may: (i) act as an incentive to invest in long-term improvements in the
land; (ii) provide collateral for loans; and (iii) make transfer of the land possible. Feder et al.
(1988) states that; land tenure security relates to investment in agriculture through demand
and supply-side effects. On the demand side, an enhancement in tenure security would
increase farmer demand for medium to long-term land improvements (investments on land).
This increase in demand is derived from the fact that better tenure security will increase the
likelihood that the farmers will capture the returns from investments. As a result, demand for
short-term inputs (farm chemicals, labour) will increase as well.
However, these three effects of enhanced property rights and the demand and supply side-
effects depend on the assumption of complete markets. Once this assumption is relaxed, the
empirical evidence of the impact of enhanced land rights on investment are inconclusive
(Jerome 2002, Zerfu 2007, Abdulai et al. 2010). This is of course an obvious result as
complete markets do not exist in all instances, especially in developing countries. Of case
studies available in the literature from developing countries, there is a large amount of
literature from Sub-Saharan Africa. This is because of the lack of complete markets there and
where informal land rights through customary and community tenure systems cover most of
1 (Secured property rights) where the owner’s decision is the sole determinant of the resource use (North, 1981).
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the rural agrarian land. The gaps in conditions that are necessary for the above mentioned
effects to increase investments has spurred an interest in finding solutions on how investment
still can take place and in what form, even without such conditions being fully installed.
This paper sets out to present findings from the literature about the relationship between
property rights and investment incentives. The evidence will be presented by first reviewing
the earlier theories on the relationship, followed by presenting the different tenure types
which can be found in the literature through the land rights and tenure regimes they exist
under. After this, the preconditions and incentives that promote investment are discussed.
After defining these factors that influence the decision to invest, two hypotheses will be tested
to show the empirical evidence found of which land rights, tenure regimes and factors that
must be in place in order for various outcomes found in the literature to occur. The choice of
the improvement through its quality and quantity will be correlated to find which property
rights, conditions and factors produce the greatest propensity to invest in agriculture. Finally,
conclusions will be drawn based on the evidence found in this literature review.
Earlier theories and evidence
The theory that property rights must be secured through formal titling in order to increase
investment is old, acclaimed to be the catalyst of the industrial revolution (Trevelyan
1944:381, cited in Peters 2006). This focus was rejuvenated during the “the land reform
decades” (Sjaastad & Bromley 1997; Bassett 1993) from the end of the 1960s to the
beginning of the 80s, when a similar view on the relationship between property rights and
investments were; “that customary systems did not provide the necessary security to ensure
agricultural investment and productive use of land. These land policy reforms failed to
achieve the expected improvements in these areas, did not facilitate the use of land as
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collateral for loans, and caused speculation in land by outsiders, displacing the very people
which were supposed to acquire increased security through titling” (Peters 2006). The costs
and insecurity to vulnerable groups that systems of formal property brought about was too
high versus the improvements that such changes offered in Africa (Quan & Toulmin 2004).
The World Bank advocated for formal property rights up till the end of the 1980s. In the
beginning of the 90s the Bank began to acknowledge communal and customary systems as
more advantageous regarding cost effectiveness and equity (depending on sufficient
accountability) and urged caution about state-led intervention in land tenure systems,
suggesting building on existing systems (Bruce & Mighot-Adholla 1994, Deininger &
Biswanger 1999, cited in Peters 2006). Platteau (1999) found that there was no discernible
impact of titling on investment behaviour, as customary rights were often very secure, and
negotiable. Beyond semi-urban situations, the cost effectiveness of centralised land registers
versus decentralised informal mechanisms was doubtful. There were also unwelcome or
unexpected effects on distribution, as registration tended to favour the rich, well educated,
well connected and male.
It is widely accepted that many customary tenure systems provide sufficient tenure security to
stimulate investment and growth (Bruce 1993; Platteu 1996, cited in Place 2009). Where
farmers consider their rights under customary law as sufficiently secure, registration may not
result in higher investment and simpler means than full-fledged titling procedures may
increase the incentive (Quan & Toulmin 2004). Formal registration of land rights seem to
make sense in circumstances where customary systems have become extinct, major tensions
exist between different groups which cannot be handled by local institutions for dispute
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management2, in resettlement or newly settled areas and in areas of high value land, such as
urban and peri-urban areas where competition for land is fierce (Quan & Toulmin 2004). The
World bank envisages registration of group rights (such as customary and community tenure
systems) as a possible first step in the process of titling, expecting to eventually allow
individualised property rights formalised as a written title to a physically demarcated land,
transferable through a market (Chimhowu & Woodhouse 2006). Hence fulfilling the required
conditions to benefit from the incentives that secure tenure rights creates, as mentioned by
Besley (1995).
The “new wave” land reforms built on being decentralised, market-friendly and involving
civil society action and consensus (IFAD 2001, cited in Bernstein 2004). Focus has in many
regions changed from ownership in the land towards securing obligations and rights to it; such
is the case in Mozambique (Kanji et al. 2006). The 1997 Land Law of Mozambique gives
community land rights regal recognition without defining their precise content and establishes
procedures for delimitation and registration of community land rights (Sjaastad & Cousins
2008, Norfolk & Tanner 2007).
Tenure types
In the context of property rights, three types of tenancy regimes are identified (state,
customary and individual), which to some extent gives the tenant under such a regime three
possible rights to the land (usufruct, sharecropping, full rights). In this section these land
rights and tenancy regimes will be presented.
Land rights:
2 A disincentive in areas where several authorities exist, as in West Africa, conflicts have arisen as there is considerable uncertainty over who may deliver rulings over land disputes, as one arbitrary authority may overrule the other. As a result, outcomes cannot be predicted and all forms of arbitration may be challenged (Lavigne Delville 2000).
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Usufruct rights mean that the tenant has only usage rights to the land and is not entitled to
compensation to any investments made on the land. The incentive to invest will be in working
capital solutions that are low cost and will benefit the tenant in the short-term, such as
inorganic fertilizer and pesticides. The propensity to invest in land in which the tenant has
usufruct rights increases as the duration of time that the tenant is given to use it is prolonged.
Usufruct land rights are also common under lease and rent agreements with individual
landowners. The duration of the agreement defines the tenant’s incentive to invest in long-
term productivity enhancements, such as trees and soil improvements, as the tenant must have
an adequate time frame in which to capitalise from the investment.
Sharecropping is a management and lease contract (Vermeulen & Cotula 2010) in which a
landowner and tenant split the crop (or its proceeds) along a pre-agreed percentage. Other
types of management and lease contracts are usually different versions of sharecropping, such
as rental agreements, but the similarity is that the tenant is not the owner of the land or does
not receive the full return on investments. Some sharecropping agreements are made where
the landowner or buyer provides the landholder with inputs in return for parts of the produce.
For rental agreements, the incentive to invest will depend on the duration of the agreement, in
which short-term investments that will boost outputs rather than sustaining the productivity of
the land will be sought for when the tenant feels that is the best solution to regain the
investment.
Full rights are usually deemed as when the land is formally registered to the tenant and he/she
has a title to prove ownership to the land. With this claim to the land, the benefits of secure
tenure rights by Besley (1995) occur, such as: the tenant’s land is protected by law, the land
can be transferred according to the tenant, and the land can be used as collateral towards a
loan. This land right is deemed to create the largest incentive to invest in long-term solutions
to the land, as the land is owned by the tenant indefinitely, making him/her the landowner.
Evidence exists of where the tenant has full rights, either through a certificate or within a
community but not registered formally. Weaker types of full rights exist, where transfer
restrictions are made, such as the right to sell the land although bequeathing it is allowed.
The attraction of a full rights, such as registering and titling of land allows, is related to the
level of protection it affords: titled land in Mali would be expropriated only under
extraordinary circumstances and would involve much higher compensation than is the case
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for the rest of the Malian territory, where local land users are only granted use rights
(Benjaminsen et al. 2008).
Tenancy regimes:
Under state tenancy regimes; all land is owned by the government of the country. In such
situations tenure security is deemed weak as the government may decide to repossess and
redistribute land through land reforms. The most usual rights under state is therefore similar
to usufruct, as tenants do not have title or rights to the land. Empirical evidence shows that the
tenant’s incentives to invest in long-term improvements to enhance yields are weaker in cases
where the state has frequently redistributed land. In many countries stronger land rights have
been issued to tenants on state owned land, either through land reforms giving tenants full
rights through title, long-term lease certificates or similar.
Customary tenancy regimes base themselves within a community, in which a chief or head of
the community administers the community lands. Usufruct, sharecrop and individual land
rights, both titled and not, exist. Tenancy of land is either inherited within the families of the
community, or allocated by the chief or head through sale, lease, rent or gift to community
members or outsiders. The right that land can be transferred and bequeathed by community
members varies. Other names for this type of tenancy regimes are tribal or indigenous. These
regimes are termed as dynamic, as they evolve according to the circumstances and needs of
the community. Evidence of this is how communities have changed tenancy rights towards
more individual land rights for its members, giving them similar use right as full rights and
sometimes combining formal registration of the land to allow access to land markets and
credit. To some extent these individual titled land rights can include all the benefits of full
rights and the social security which members of a community enjoy. Tenure security is
usually strong as rights to the land are respected by the members of the community.
Individual tenancy regimes exist where the land right of the tenant are identical to full rights
and formally registered and titled. With these land rights, the tenant has theoretically the
strongest incentive to invest in the land, as all benefits from the land will befall the tenant.
There is however cases where rights overlap the same plot of land where the tenancy regime
land fall under changes. The most usual is of land under state and customary tenancy regimes
being registered to tenants either by formalising the land or redistribution, hence
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strengthening the tenant’s land rights. In the case of state owned land changing ownership
into formally recognised community or individual land, this is done by increasing the property
rights of a community as a whole and individuals towards full rights to the land. This process
can be done by demarcating, registering and titling the land to the owner. Criteria for being
eligible for receiving such rights to land may be through proven occupation or intention to
invest in the land.
Preconditions and factors that works as incentives to invest
The incentives for investment go beyond the security of the property rights and the tenancy
regimes a landholder’s property is under. The landholder’s feeling of having secure property
rights is crucial in order to undertake investments, as they must be able to see the chance of
profiting from investments made in the duration of time they have usage of the land. The
landholder’s knowledge of the rights to the land they are in possession of determines the type
of investment that will be made. That is why increased land ownership and clarification of
duration and rights to the land help landholders to make the investments that will yield the
most throughout the possession of the land. In order to know what investments will yield the
most benefits, previous possession and available capital to the household (financial, fixed,
working, human) can prove beneficial when incentives such as strengthened land rights,
access to credit (informal or formal), availability of technology and know-how that can
increase yields and commercial opportunities to trade outputs are made available. Such
incentives may trigger investment and then the landholder’s available capital may prove a
precondition to how well these incentives are used.
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Household capital sources
• Financial capital encompasses all monetary resources that a tenant may have at
disposition to acquire improvements.
• Fixed capital includes all land structures that are on the land. These could be
buildings, trees, man-made formations such as terracing, soil bunds, fencing, and
irrigation.
• Working capital is resources which when implemented to the land can enhance yields,
such as manure, fertiliser, livestock, and labour.
• Human capital takes into account the capacity the landholder’s household have to take
advantage of incentives. This can be measured through the amount of labour available
and level of education the household bestows, in order to determine knowledge
capacity to make decisions, learn and implement improvements.
The factors that act as incentives to invest in improvements to the land are mainly linked to
the increase in land rights that a landholder may have. As mentioned earlier, the knowledge of
the use rights in which a landholder has to the land determines what type of investments will
be implemented. The increase of time and especially rights to the land, moving from usufruct
to full rights, will encourage landholders to invest as the possibilities to use the land
improves. Other incentives not attached with the strengthening of property rights is the
improvement of inputs and outputs options made available. Inputs are in the form of new
technology and know-how made available which if implemented will increase yields. The
produce from the land is the output and improved access to markets act as an incentive to
selling the output. A factor which enhances the propensity to access both inputs and outputs is
the quality and availability of infrastructure and distance from them to the property.
Identifying linkagesTo answer whether or not secure property rights increases the incentive for landholders to
make investments in agriculture, we create the following two hypotheses:
i) Does the literature provide evidence that secure property rights increases the
incentives for landholders to make investment in agriculture?
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ii) Is it true that insecurity of ownership and mismatches between state and customary
tenure regimes are concrete disincentives to investment decisions in agriculture?
These two hypotheses will be answered by looking at four different outcomes of improved or
weakened property rights that are found in the literature reviewed. Using empirical evidence,
the two hypotheses will be answered through findings divided into the outcomes that: i) more
secure property rights will increase the incentive to invest, ii) increased investments will
provide more secure property rights, iii) less secure property rights work as a disincentive to
invest, and iv) less investments provide less secure property rights. Following the empirical
evidence from case studies in which each of these outcomes are true, the conditions in which
such outcomes occur will be presented.
i) More secure property rights = increased investment incentive
An analysis of the literature shows that the propensity to invest increases when property rights
are more secure is true when more full rights to the land are established, regardless of the
tenure regime. This is either done through registering and titling of land, in which the
literature review provided 20 cases where this was true, or through more secure usufruct
rights, in which 14 cases were identified. All the cases mentioned can be found in appendix 1.
When land is identified by the landholder as secure, either by being owned or that the
likelihood that the land will be repossessed by the owner is weakened, the preconditions
existing in the household have been identified as factors necessary to which incentives will
provide investment. Preconditions that work as determinants to both the quality and the
quantity of the investment is often the land size, distance from plot to homestead, soil
condition, pre-existing ownership to the land, fixed and working capital wealth, education of
the head of the household, and labour availability.
Incentives which are highlighted as catalysts for increased investments, apart from the
strengthening of property rights, is the access to credit and commercial opportunities made
available.
As more secure property rights will provide longer time duration that land is in possession to
the landholder and the rights to it, the propensity to invest in general, and in fixed investments
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increases. Evidence shows that fixed capital investments are more common when this
outcome is true, although the means to how improvements are undertaken varies. The
improvements most cited as a result of secure property rights were tree planting, soil
conservation methods and crops. Comparative studies between different tenant groups’
property rights have produced evidence that in areas where different degrees of security
exists, the less restrictions to the tenant’s rights increases the propensity to invest, such as in
Ghana and India (Abdulai et al. 2008, Pender & Kerr 1999). Although many countries lack
developed land markets, a requirement in order to obtain credit, more secure property rights
can increase investment through the use of the households’ initial wealth and access to labour
to undertake improvements (Kille & Lyne 1993, Deininger et al. 2006, Saint-Macary et al.
2009, Smith 2004).
In Thailand, access to formal credit markets increased the propensity to use the land as
collateral in order to gain loans to invest in the land (Feder 1988). The correlation between
secure property rights and access to credit is true in Paraguay, although land size matters in
order to being able to use land as collateral (Carter & Olinto 2003).
ii) Increased investment = more secure property rights
An econometric problem raised on the findings that studies have presented, are that they have
failed to check for endogeneity bias (Brasselle et al. 2002). Besley (1995) controlled for
endogeneity in the same data used by Migot-Adholla et al. (1994) and found the opposite
results. Once done, the relationship that secure property rights increases investment changed,
proving that the causalities for investment actually strengthens a tenants ownership to the
land, hence increasing property rights.
In situations where the landholder’s security to the rights of a property is uncertain or weak,
fixed capital investments to the property may increase the tenant’s right to the land in case of
a dispute (Baland et al. 1999, Chimhowu & Woodhouse 2006; Deininger & Jin 2006).
Fixed capital investments, such as tree planting and soil bunds, are often mentioned as
investments that improves security under both state (Deininger & Jin 2006) and customary
tenure regimes (Baland et al. 1999, Brasselle et. al. 2002). The construction of soil bunds in
Ethiopia was identified to create the same outcome (Gebremedhin & Swinton 2003). The case
of increased investments being used to secure more property rights in order to meet a
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threshold is true in Zambia, where leaseholders of state land must show good land use and
willingness to invest in order to receive a title to the land (Smith 2004). All case studies where
this outcome was identified can be found in appendix 2.
Less secure property rights = investment disincentive
In cases where the user of the land is not the owner of it, the risk of the land being
repossessed by the land owner is a disincentive to invest in long-term improvements unless
the tenant feels that the investment can be regained within a perceived time frame or
compensation for investments made is guaranteed.
The following statement is true where state owned land is repossessed in order to redistribute
it to ensure all inhabitants have the right to farm land, which has occurred with frequent
intervals in Ethiopia and Eritrea (Deininger & Jin 2006, Tikabo & Holden 20007). It is also
the case in China (Li et al. 1998) and Eritrea (Tikabo & Holden 2007), where rotation of land
is a common practice.
Less secure property rights is also a disincentive to leave land fallow for longer periods of
time in Cote d’Ivoire (Fenske 2010), as outsiders who have received land under customary
tenure regimes fear that it may be repossessed if left unused as their rights are not as strong as
original community members and leaving land fallow may indicate that it is not necessary and
can therefore be used by others.
Rented land does not provide incentives to invest in improvements that will yield beyond the
duration of time that a tenant has agreed to rent the land for, as often the rights to rented land
is only usufruct and no compensation is given for improvements that do not benefit the tenant.
Short-term working capital improvements are often sought for, such as inorganic fertilizer
(Abdulai et al. 2008). Also, given the option, a landholder will choose to invest more in land
owned, rather than rented (Gavian & Fafchamps 1996).
Investment disincentive = less secure property rights
No studies have focused on this outcome but it is logical to believe that even if the propensity
to invest is not available, property rights will not be strengthened.
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Based on the evidence found when testing the four outcomes, we find that the first hypotheses
to whether secure property rights increases the incentives to investment holds when tenants
obtain more rights to the land. These rights do not have to be formal in order to increase
investments but it is a condition in order to obtain credit from formal institutions and to
transfer land through formal land markets. The reason for this is that many investments
undertaken are labour-intensive, rather than resource-intensive, meaning that they depend
more on the preconditions that the household has than using incentives that more secure land
rights produces. The evidence finds that increased property rights encourages improvements
to be of a larger scale and more long-term than what is found on land with less secure
property rights. Yields are also higher on land owned in the long-term (Deininger 2000)
although there is evidence that short-term investments into more yield-intensive
improvements, such as inorganic fertilizer and pesticides, can produce yields larger than
found on land with long-term investments, for a short period of time but may drain the soil of
nutrients. Evidence shows that not only does more secure property rights increase investments
that produces higher agricultural yields but also encourages soil conservation measures (Li et
al. 1998, 2000, Saint-Macary 2009).
The second hypotheses, that insecure ownership to land and restrictions to rights found on
land under state and customary tenure regimes may act as a disincentive to investment in
agriculture is true, based on evidence looking at the outcome in which less secure property
rights may have an effect on the quantity and quality of improvements made. Land laws in
countries such as Ethiopia and Eritrea provide all inhabitants the right to receive land for food
production. This, together with policies of land rotation, in order to guarantee that nobody
receives poor quality land, decreases the incentives to invest in fixed improvements.
Not only do insecure property rights work as a disincentive to investment but the investments
made may be so intensive in the short-term that they may drain the soil of nutrients, hence
damaging future production from the land. The fear of losing land left fallow also damages
soil conditions, as it must be set into production in order for the landholder to keep possession
of it (Fenske 2010). Evidence shows therefore that not only do insecure property rights
decrease the investment incentive but may also discourage soil conservation measures.
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Although the evidence found in the literature provided these three outcomes of the
relationship between secure property rights and investment incentives, two more outcomes
were identified in which the security of property rights produced other incentives to
investment than what was found earlier.
Less secure property rights = increased investment incentive
Less secure property rights may not matter for the incentive to invest in cases where the
benefits of more secure property rights, such as access to credit and existence of land markets
are not available or weak. In land abundant areas, the need for formal registration of land may
be unnecessary if informal institutions provide adequate security to an owner’s right to land
(Jacoby & Minten 2005). In cases where this is true, the investments sought for are labour-
intensive and do not require financing or resources from outside the household.
Machaya (2010) found no difference between the incentive to invest among land owners in
Malawi with or without title to their land, when preconditions such as the distance to market
and land size was included. The reason for this was that the improvements were mostly
labour-intensive and performed by household members.
More secure property rights = investment disincentive
Land reforms in which the intention was to give tenants more secure property rights, may also
act as a disincentive to invest when the guarantee of the land not being repossessed is not
strong enough.
Such cases have occurred in Nicaragua, where several governments since the 1970s have
implemented land reforms and issued titles and granted land rights (Bandiera 2007). Due to
the multitude of different documents and various degrees of strength that they carry, the
propensity to invest has been weakened or investment has been done with uncertainty.
Bromley (2008)2 likens the lack of commitment by a government to respect property rights by
not strengthening the institutions that are meant to uphold the rights through formalisation as
‘governments issuing counterfeit currency’.
In Peru, government land titling did not achieve the positive benefits associated with secure
property rights, such as increased use of credit because the landowners did not believe they
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would be able to repay the loans (Kerekes & Williamson 2010). Similar evidence is found in
Kenya (Shipton 1992).
Further evidence of when more secure property rights do not encourage investment is when
land with full rights has been acquired for speculative purposes such as; sale, social prestige
or political power, formal documentation of property rights do not guarantee land being
repossessed (Platteau, 1995, Lavigne Delville 2000).
In cases where the legal system cannot guarantee to prosecute borrowers who fail to repay
loans, financial institutions do not accept land as collateral (Platteau 1995, Bromley 2008).
Factors that increase the propensity to invest
Keeping with the evidence found that supports the first hypotheses; we investigate the
investments done on the quality and quantity of the improvements, linking it to the different
factors identified which influence the decision. The intention of studying the positive
correlations between more secure property rights and investment incentives is to uncover the
preconditions and incentives which provide the largest increase in improvements, both in the
quality and quantity.
As mentioned earlier, the single largest incentive to increase investments is the strengthening
of property rights. Evidence exists of more secure property rights not improving the
incentives to increase but then the motive of the landowner is not genuine towards investing
in the land or the threshold to access inputs is too high. For a landholder or owner to make use
of more secure property rights, certain factors play a role, such as the household’s initial
capital, access to inputs and outputs.
Comparative studies reveal that within the same area, different strengths of property right do
have an effect on the incentive to invest. Studying the quality and quantity of improvements
invested in Pender & Kerr’s (1999) Indian study of two villages where land is either titled or
assigned to landowners, we find that the types of improvements are identical, although the
quantities tend to be greater on titled property. The authors explain this greater propensity to
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invest as owing to the household’s characteristics, and that the magnitude of impact of these
characteristics is greater on titled plots.
The choice of improvements differs according to the security of property rights in Abdulai et
al’s (2008) study of four different land ownerships in Ghana. Yields were found to be higher
on owned rather than rented or sharecropped plots as a result of investing improvements that
produced higher yields per hectare. The household’s initial capital was found to have a strong
influence on the decision to undertake the investment, along with closeness of the land and
homestead.
Many studies provide evidence that the precondition that matters most to the landholder when
secure property rights is in place, is the household’s capital wealth.
Evidence has shown that in areas where population density and the demand for land are high,
secure land rights can increase investments that produce higher yields, such as in Ethiopia
(Deininger & Jin 2006), other countries in Africa3, post-communist countries4 and Latin
America5, India (Pender & Kerr 1994) and Thailand (Feder 1988). The disappearance or
overexploitation of common property resources also works in the same way as community
members seek more secure property rights in order to guarantee grazing lands and undertake
conservation measures to their livestock and crops in Cambodia (Markussen 2008).
The right to use land for long periods of time encourages the use of land-saving investments,
such as in China’s agricultural sector, where farmers invested more inputs in private plots that
they had longer tenure over than the collective ones (Li et al. 1998). The need for secure
ownership rights over a sufficiently long time horizon does not need to be a formal title to
facilitate improvements, although must be long enough for the landowner to be able to
3 Zimbabwe (Moor 1996), Gambia (Hayes et al. 1997), Ghana (Abdulai 2008)4 Russia, Ukraine, Poland, Slovakia and Romania (Johnson et al. 2002)5 Honduras (Lopez 1996), Paraguay (Carter & Olinto 1996), Brazil (Alston et al. 1996)
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recapitulate the investment made (Brasselle et al. 1997; Gavian & Fafchamps 1996, Deininger
2004, Zerfu 2007). Rodrik (1999) notes that what matters for the tenant’s investment decision
is rather the control over the return on the investment, rather than the form of ownership per
se. In spirit of this, the current land registration program that is underway in Ethiopia to
guarantee secured usufruct rights may be a good step towards investment by strengthening
tenant’s property rights (Zerfu 2007).
The lack of facilities to accommodate the theoretical benefits of property rights, such as
physical infrastructure, effective credit systems and marketing institutions, have constrained
output such as experienced in Ghana, Rwanda and Kenya (Migot-Adholla et al. 1991). In
defence of the indigenous tenure regimes (customary) and the lack of investment in rural
Africa, Sjaastad and Bromley (1997) find that lack of investment opportunities as determined
by the cost and availability of agricultural technology are the causes.
Conclusion
By comparing the empirical evidence found on the relationship between secure property
rights and its incentive to increase investment in agriculture, we find proof that this is true the
closer to full rights a landholder has to a property, looking at the quality and quantity of the
improvements made increases. However, the level of rights that the landholder of a property
has should not be the only determining factor which should be focused on when finding the
incentives to increase investment. As the findings of the literature states, there is no unison
agreement that property rights, in the sense of being individually titled rights, documented
and stored in a registry, increases investment versus other types of tenure systems. Customary
tenure regimes have proven to accommodate secure tenure in the communities they exist in,
although there are cases of lack of equity within these systems and not as secure as titling.
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Quan and Toumlin (2004) conclude that replacing the customary system in Africa with a
system of private property was believed to be the way forward for capitalist economic growth.
However this has proved difficult due to the costs and insecurity to vulnerable groups that
such a system brings about. There is a clear understanding that securing of property rights is
necessary in order to increase investments, as this is one of the main purposes of property
rights (Deininger 2004). The effect that property rights will have on investment increases as
conditions such as; the rights to the land increases, commercial opportunities are made
available, accessibility to technological improvements increases, right to transfer and the
opportunity to use land as collateral towards loans (Platteau 1995, Bromley 2008).
The empirical evidence illustrates that there are more factors that determine the incentive to
invest than simply the land rights a landholder has to a property. The landholder’s initial
capital resources and incentives promoting the use of inputs and outputs are factors that must
be accounted for when policies to increase investments in agriculture are to be made. Without
strengthening both the preconditions and the additional incentives to investment apart from
strengthening property rights, the quality and quantity of investments made to improvements
will not be optimal. This conclusion has been echoed by many studies previously, especially
in the light of cases where the implementation of more secure property rights has not borne
the improvements to agriculture as expected (Zikhali 2010).
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References:
Abdulai, A., Owusu, V., Goetz, R. (2008): ‘Land tenure differences and investment in land improvement measures: Theoretical and empirical analyses’ in Journal of Development Economics, 2010.
Alston, L., Libecap, G.D., Schneider, R. (1996): ‘The determinants and impact ofproperty rights: land titles on the Brazilian frontier’ in The journal of Law,Ecomonics and Organization, Vol. 12, No. 1.
Baland J.M., Gaspart, F., Place, F., Platteau, J.-P. (1999): ‘Poverty, Tenure Security and Access to Land in Central Uganda: the Role of Market and Non-market Processes’ in Cahiers de Recherche, Faculté des sciences économiques, sociales et de gestion, Development series, University of Namur (Belgium).
Bandiera, O. (2007): ‘Land tenure, investment incentives, and the choice of techniques: Evidence from Nicaragua’ in The World Bank Economic Review, Vol. 21, No. 3, pp. 487-508.
Benjaminsen, T.A., Holden, S., Lund, C. Sjaastad, E. (2008): ‘Formalisation of land rights: Some empirical evidence from Mali, Niger and South Africa’ in Land Use Policy, Vol. 26, No. 1, pp. 28-35.
Bernstein, H. (2004): ‘Changing Before Our Very Eyes: Agrarian questions and the politics of land in capitalism today’ in Journal of Agrarian Change, No. 4 (1–2), pp. 190–225.
Besley, T. (1995): ‘Property Rights and Investment Incentives: Theory and Evidence from Ghana’ in The Journal of Political Economy, Vol. 103, No. 5 (Oct. 1995), pp. 903-937.
Brasselle, A.-S., Gaspart, F., Platteau, J.-P. (2002): ‘Land tenure security and investment incentives: some further puzzling evidence from Burkina Faso’ in Journal of Development Economics, Vol. 67 (2002), pp. 373–418.
Bromley, D.W. (2008)1: ‘Resource degradation in the African commons: accounting for institutional decay’ in Environment and Development Economics, No. 13, pp. 539-563.
Bromley, D.W. (2008)2: ‘Formalising property relations in the developing world: The wrong prescription for the wrong malady’ in Land Use Policy, Vol. 26, No. 1, pp. 20-27.
Carter, M.R. & Olinto, P. (2003): ‘Getting institutions ‘right’ for whom: Credit constraints and the impact of property rights on quantity and composition of investment’ in American Journal of Agricultural Economics, Vol. 85, No. 1, pp. 173-186.
Chimhowu, A. & Woodhouse, P. (2006): ‘Customary vs. Private Property Rights? Dynamics and Trajectories of Vernacular Land Markets in Sub-Saharan Africa’ in Journal of Agrarian Change, Vol. 6, No. 3, pp. 346-371.
Deininger, K., Olinto, P., Maertens, M. (2000): ‘Redistribution, investment, and human capital accumulation: The case of Agrarian Reform in the Philippines’, World Bank, Washington D.C.
18
Deininger, K. (2004): ‘Land Policies for Growth and Poverty Reduction: Key Issues and Challenges Ahead’ in preparation for the UN, FIG, PC IDEA’s Inter-regional Special Forum on The Building of Land Information Policies in the Americas, Aguascalientes – Mexico, 26-27 October 2004.
Deininger, K. & Jin, S. (2005): ‘Tenure security and land-related investment: Evidence from Ethiopia’ in European Economic Review, Vol. 50, No. 5, pp. 1245-1277.
Deininger, K., Ayalew, D., Yamano, T. (2006): ‘Legal knowledge and economic development: The case of land rights in Uganda’ in World Bank Policy Research Working Paper 3868, March 2006.
Feder, G. (1988): ‘The Economics of Land and Titling in Thailand’ in Feder, G., Onchan, T., Chamalwong, Y., Hongladarom, C. (1988): ‘Land Policies and Farm Productivity’, Baltimore, Johns Hopkins University Press
Fenske, J. (2010): ‘L’Etranger: Status, Property Rights, and Investment Incentives in Côte d’Ivoire’ in Land Economics, Vol. 86, No. 4, pp. 621-644.
Gavian, S. & Fafchamps, M. (1996): ‘Land tenure and allocative efficiency in Niger’ in American journal of Agricultural Economics, No. 78 (May), pp. 460-471.
Gebremedhin, B. & Swinton, S. (2003): ‘Investment in soil conservation in northern Ethiopia: the role of land tenure security and public programs’ in Agricultural Economics, Vol. 29, No. 1, pp. 69-84.
Hayes, J., Roth, M., Zepeda, L. (1997): ‘Tenure security, investment and productivity in Gambian agriculture: a generalised probit analysis’ in American Journal of Agricultural Economics, No. 79, pp. 369-382.
Jacoby, H. & Minten, B. (2007): ‘Is Land Titling in Sub-Saharan Africa cost effective? Evidence from Madagascar’ in World Bank Economic Review, Vol. 21, Iss. 3, pp. 461-485. (Electronic version is from World Bank 2005)
Jerome, A. (2002): ‘Land Rights and Investment Incentives in Western Nigeria’ prepared for presentation at the Beijer Research Seminar on Property Rights Structures and Environmental Management in South Africa, 28-30 May 2002.
Johnson, McMillan, J., Woodruff, C. (2002): ‘Property Rights and Finance’ in John M. Olin Program in Law and Economics Working Paper, No. 231, Stanford Law School.
Kanji, N. (edt.), Toulmin, C., Mitlin, D., Cotula, L., Tacoli, C., Hesse, C. (2006): ‘Innovation in Securing Land Rights in Africa: Lessons from experience’ a briefining paper following a IIED workshop in London 25-26 May 2006, IIED.
Kerekes, C.B. & Williamson, C.R. (2010): ‘Propertyless in Peru, Even with a Government Land Title’ in American Journal of Economics and Sociology, Vol. 69, Iss. 3, pp. 1011-1033.
Kille, G.S. & Lyne, M.C. (1993): Investment on freehold and trust farms: Theory with some evidence from Kwazulu’ in Agrekon, Vol. 32, No. 3. pp. 101-109.
19
Lavigne Delville, P. (2000): ‘Harmonising Formal law and Customary Land Rights in French-Speaking West Africa’, in Toulmin, C. & Quan, J. (eds.): Evolving land rights, policy and tenure in Africa, DFID/IIED/NRI, London, pp. 97-121.
Li, G., Rozelle, S., Loren, B. (1998): ‘Tenure, land rights, and farmer investment incentives in China’ in Agricultural Economics 19 (1998), pp. 63-71.
Li, G., Rozelle, S., Huang, J. (2000): ‘Land rights, farmer investment incentives and agricultural production in China’, Working Paper No. 00-024, Dept. of Agricultural & Resource Econ. Univ. of California, Davis.
Lopez, R. (1996): ‘Land titles and farm productivity in Honduras’, unpublished manuscript, Department of Agricultural and Resource Economics, University of Maryland, MD.
Matchaya, G. (2010): Land ownership and productivity in Malawi: A Conditional Recursive Mixed Process Analysis’ in Working Paper Series, Vol. 1, No. 3, Leeds University Business School.
Migot-Adholla, S., Hazell, P., Blarel, B., Place, F. (1991): ‘Indigenous land rights systems in Sub-Saharan Africa: a constraint on productivity?’ in World Bank Economic Review, No. 5, pp. 155-175.
Moor, G.M. (1996): ‘Tenure security and productivity in the Zimbabwean small farm sector: implications for South Africa’. Department of Agricultural Economics, University of Natal, Pietermaritzburg.
Norfolk, S. & Tanner, C. (2007): ‘Improving tenure security for the rural poor: Mozambique – country case study’ in LEP working paper #5, FAO.
North, D.C. (1981): ‘Structure and Change in Economic History’, New York, Norton.
Pender, J.L. & Kerr, J.M. (1994): ‘The effect of transferable land rights on credit, land investment and use: evidence from South India’, Brigham Young University, Department of Economics, Provo, UT.
Peters, P. (2006): ‘Challenges in Land Tenure and Land Reform in Africa: An Anthropological Perspective’, prepared for the Workshop on Land Tenure, Land Reform and Land Use: Assessing the Linkages, Humboldt University, Berlin, May 2006.
Place, F. (2009): ‘Land tenure and Agricultural Productivity in Africa: A Comparative Analysis of the Economics Literature and Recent Policy Strategies and Reforms’ in World Development, Vol. 37, No. 8, pp. 1326-1336.
Platteau, J.-P. (1995): ‘Reforming Land Rights in Sub-Saharan Africa’ in UNRISD Discussion Paper, No. 60.
Platteau, J.-P. (1999): ‘Does Africa need land reform?’ in Toumlin, C. & Quan, J. (edts.) (2000): Évolving land rights, policy and tenure in Africa’, DFID/IIED/NRI, London.
20
Quan, J. & Toulmin, C. (2004): ‘Formalising and Securing Land Rights in Africa: Overview paper’, prepared for Session One of the meeting: Land in Africa: Market Asset, or Secure Livelihood?, held at Church House, Westminster, London, 8-9 November 2004.
Saint-Macary, C., Keil, A., Zeller, M., Heidhues, F., Dung, P.T.M. (2010): ‘Land titling policy and soil conservation in the northern upland of Vietnam’ in Land Use Policy, Vol. 27 (2010), pp. 617-627.
Shipton, P. (1992): ‘Debts and Trespassers: Land, Mortgages, and the Ancestors in Western Kenya’ in Africa, 62 (3), pp. 357-387.
Sjaastad, E. & Bromley, D.W. (1997): ‘Indigenous Land Rights in Sub-Saharan Africa: Appropriation, Security and Investment Demand’ in World Development, Vol. 25, No. 4, pp. 549-562.
Sjaastad, E. & Cousins, B. (2008): ‘Formalisation of land rights in the South: An overview’ in Land Use Policy, No. 26, pp. 1-9.
Smith, R. (2004): ‘Land Tenure, Fixed Investment, and Farm Productivity: Evidence from Zambia’s Southern Province’ in World Development, Vol. 32, Iss. 10, October 2004, pp. 1641-1661.
Tikabo, M.O. & Holden, S. (2007): ‘Chapter 4: Land tenure security, resource allocation, and land production: Theory and evidence from the Highlands of Eritrea’ in Tikabo, M.O. PhD thesis: ‘Land Tenure in the Highlands of Eritrea: Economic Theory and Empirical Evidence’, Department of Economics and Social Sciences, Agriculture University of Norway.
Vermeulen, S. & Cotula, L. (2010): ‘Making the most of agricultural investment: A survey of business models that provide opportunities for smallholders’, IIED/FAO/IFAD/SDC, London/Rome/Bern.
World Bank (1975): ‘Land Reform Sector Policy Paper’, Washington DC, World Bank.
Zerfu, D. (2007): ‘Property Rights Institutions and Investment in Ethiopia’, unpublished manuscript, Department of Economics, Gothenburg University.
Zikhali, P. (2010): ‘Fast track land reform programme, tenure security and investments in soil conservation: Micro-evidence from Mazowe District in Zimbabwe’ in Natural Resources Forum, Vol. 34, Iss. 2, pp.124-139.
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Appendix 1:
Country Author Year Tenure regime Land rightBangladesh Rasul, Thapa, Zoebisch 2004 State TitledBrazil Alston, Lobecap, Schneider 1996 Individual TitledBurkina Faso Kazinga & Masters 2001 Customary UsufructCambodia Markussen 2008 Individual TitledCameroon Kazinga & Masters 2005 Customary UsufructChina Li, Rozelle, Brandt 1998 State UsufructEritrea Tikabo & Holden 2007 State UsufructEthiopia Deininger & Jin 2006 State Usufruct-“- Deininger, Ayalew, Alemu 2008 State Usufruct-“- Gebremedhin & Swinton 2003 State Usufruct-“- Zerfu 2007 State UsufructGambia Hayes, Roth, Zepeda 1997 Customary UsufructGhana Abdulai, Owusu, Goetz 2008 Individual Titled-“- Besley 1995 Customary Usufruct-“- Goldstein & Udry 2008 Customary UsufructIndia Deininger, Jin, Nagarajan 2007 State Titled-“- Pender & Kerr 1999 State TitledIvory Coast Fenske 2010 Customary UsufructKenya Hunt 2005 Individual TitledMalawi Chirwa 2008 Individual TitledNicaragua Bandiera 2007 Individual Titled-“- De Laiglesia 2004 Individual Titled-“- Deininger & Chamorro 2002 Individual TitledNiger Gavian & Fafchamps 1996 Customary UsufructParaguay Carter & Olinto 2003 Individual TitledPeru Fort 2008 Individual TitledPhilippines Deininger, Olinto, Maertens 2000 Individual TitledRwanda Clay, Reardon, Kangiasnier 1998 State UsufructSouth Africa Kille & Lyne 1993 Individual TitledThailand Feder 1988 Individual TitledUganda Deininger, Ayalew 2007 Individual Titled-“- Deininger, Ayalew, Yamano 2006 Individual TitledVietnam Saint-Macary, Kell, Zeller, Heidhues, Dung 2009 State TitledZambia Smith 2004 State Titled
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Appendix 2:
Country Author Year Tenure regime Land right
Burkina Faso Brasselle, Gaspart, Platteau 2002 Customary UsufructEthiopia Deininger & Jin 2006 State Usufruct-“- Gebremedhin & Swinton 2003 State UsufructUganda Baland, Gaspart, Platteau 1999 Customary UsufructZambia Smith 2004 State Titled
(certificate)Zimbabwe Zikhali 2010 State Titled (FTLRP)
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