Contenido

Existen numerosos modos de propiedad de la tierra y de su tenencia. En español se suele hablar mucho más de "propiedad de la tierra" (12 800 000 resultados en Google el 15 de octubre de 2024) que de "tenencia de la tierra" (2 570 000), en contraposición a una visión inglesa más equilibrada (10 700 000 resultados para "land ownership" y 6 060 000 para "land tenure"). Pero lo importante no es quién tiene la propiedad de la tierra#Propiedad_de_la_tierra "Tierra (economía)"), sino que el régimen de tenencia para quienes la cultivan y viven de ella sea seguro y asequible.[10]​ Para hablar del problema de que unos pocos posean (sin implicar propiedad) mucha tierra, y otros muchos muy poca o ninguna, también se emplea el término "reparto de la tierra".[11]​[12]​.

Traditional land tenure

Most indigenous nations or tribes in North America did not think that anyone could own land; For them they could only be inhabited or used (hunting, cultivation and fruit gathering) with stewardship (stewardship).[13] While European land ownership focused on control, indigenous notions were based on administration. When Europeans first arrived in North America, they sometimes ignored traditional land tenure and simply took it over, or they adapted it to traditional tenure law by recognizing it as Aboriginal title. This theory formed the basis of treaties with indigenous peoples.

Ownership of land after oath to make productive use of it

In several developing countries, such as Egypt and Senegal, this method is still used today. In Senegal it is called mise en valeur des zones du terroir (in French, enhancement of areas of the terroir)[14]​ and in Egypt it is called Wadaa al-yad.[15]​.

Allodial title

Allodial title is a system in which real estate is held absolutely freely and without the prerogatives of any superior landowner or sovereign. True allodial title is rare, and most land ownership in the common law world (Australia, Canada, Ireland "Ireland (island)", New Zealand, United Kingdom, United States) is unrestricted (the fee simple explained above). The allodial title is inalienable, so it can be transmitted, bequeathed, donated or mortgaged by the owner, but it cannot be seized or restricted for the collection of taxes or private debts, nor expropriated by the State.

feudal land tenure

Feudal land tenure is a system of mutual obligations under which a king or noble granted someone a fief (a certain degree of interest in the use or income of a certain territory) in exchange for that someone providing services (such as providing warriors for the army) or paying him in money or in kind. This pattern was followed from the level of the high nobility—direct vassals of a monarch—to the lesser nobility, whose only vassals were their servants.

Full domain

Under common law, fee simple (fee simple; this figure also exists in continental law) is the most complete ownership right that someone can have over real estate, apart from the rare allodial title. The holder of this right can usually freely sell or transfer the property or use it to secure a mortgage loan. Freehold does not mean that, in most places, a property tax must be paid, nor that, if the land is mortgaged, there is a lien on it, a charge (derecho). In modern societies, fee simple (also called fee simple or absolute domain) is the most common form of land ownership. Land may also be owned by more than one party and there may be various co-ownership regimes, depending on the legislation of that territory.

Native title

In Australia, native title is a common law concept that recognizes that some indigenous peoples have certain land rights that derive from their traditional laws and customs.[16] Native title can coexist with non-indigenous property rights and in some cases different indigenous groups can exercise native title over the same land. There are approximately 160 registered native title resolutions, covering around 16% of Australia's landmass. The Mabo case "Mabo v Queensland Case (No 2)") overturned the decision in Milirrpum and repudiated the notion of terra nullius. Parliamentary laws subsequently passed recognized the existence of this common law doctrine.

Lifetime use

Under common law, life estate is a right of a person in real property that terminates upon the death of that person. The owner has the use of the land for as long as he or she lives, but usually does not have the ability to transfer that right (by selling it, bequeathing it, donating it) or using it to secure a mortgage loan. A similar figure is emphyteusis.

Mayorazgo

Under common law, a fee tail on property means that the person who has inherited it can only bequeath it to the eldest of his descendants, but cannot sell, divide or mortgage it. Similar concepts are the disappeared mayorazgo and the still current hereu, in Catalonia.

Lease

Under common law and civil law, the owner can rent land to another party. A wide range of arrangements are possible, from very short terms to the 99-year leases common in the UK for apartments, allowing varying degrees of freedom in the use of the property. In English the verbs to lease and to rent are used, with meanings that may differ; In Spanish lease and rent are used as absolute synonyms.[17]​[18]​ It is important to note that in Spanish leasing[19]​—rental with the option to purchase or financial lease—is translated into English as finance lease.

communal lands

Rights to use a commons (not to be confused with the commons) may include rights such as the use of a road or the right to have animals owned by a person graze on communally owned land.

sharecropping

In sharecropping (sharecropping), the farmer takes advantage of land owned by the lord in exchange for paying him part of the harvest or the livestock born.

Easements

An easement (Right) "Easement (Right)")—in English easement or servitude—allows one person to make certain specific uses of land owned by another. The most classic easement is that of right of way (right to cross), but it can also consist of laying an electrical line through another's land.

Others

There are also various forms of collective ownership, which normally take the form of membership in a cooperative or shares in a corporation, which owns the land (usually in fee simple, but with the possibility of other regimes). Hybrid situations also occur: in many communist states, state ownership of most agricultural land has been combined in various ways with land ownership by agricultural collectives (kolkhoz, sovkhoz).

Land tenure traditions can be estimated archaeologically according to territoriality and through the ways in which people create and use landscape boundaries, both natural and constructed. The less tangible aspects of tenure are more difficult to fix, and their study depends largely on the anthropological record (in the case of preliterate societies) or textual evidence (in the case of literate societies).

In archaeology, land tenure traditions can be studied throughout history "Long duration (historiography)"), for example, kinship-based land tenure and collective property management. This makes it possible to study the long-term consequences of change and development in land tenure systems and agricultural productivity.

Furthermore, an archaeological approach to land tenure arrangements studies the temporal aspects of land governance, including its sometimes temporal and negotiable aspects, as well as the uses of past forms of tenure. For example, people may claim ownership of resources through reference to ancestral memory within society. In these cases, nature and relationships to aspects of the past, both tangible (e.g. monuments) and intangible (e.g. concepts of history through storytelling), are used to legitimize the present.

Angola

The Land Law of 2004 confirmed ultimate state authority over land and natural resources, in both urban and rural environments. However, this law allowed the transfer of land for private use, subject to conditions that included "useful and effective use."[20] Article 15 of the new 2010 Constitution provides that land be transferred to natural or legal persons "with a view to its rational and full use in the terms of the Constitution and the law." Article 98(3) limits ownership and transfer to Angolan citizens.[20]​.

Afghanistan

According to article 41 of the Constitution of Afghanistan, foreigners cannot own land. "Foreigners will not have the right to own real estate in Afghanistan."[21]​[22]​.

Canada

Canada banned non-resident foreigners from purchasing homes in January 2023, and in February 2024 extended this ban until 2027.[23]​.

China

Land in China is state or collective property. Companies, farmers and homeowners lease land from the state under long-term rental contracts of 20 to 70 years.[24] Foreign investors are not allowed to purchase or own land in China.

Thailand

In Thailand, foreigners are normally prohibited from owning, or even possessing, land in Thailand. These restrictions are contemplated in the Land Law, articles 96 et seq.

Cambodia

According to Article 44 of the Cambodian Constitution, “only natural or legal persons of Khmer nationality shall have the right to own land.” Foreigners are prohibited from owning, or even possessing, land.[25]​[26]​.

Philippines

The 1987 Constitution prohibits foreigners from owning land in the Philippines.[27]​[28]​.

Indonesia

In Indonesia, foreigners are not allowed full ownership of land.[29][30]​.

Vietnam

As in many other Southeast Asian countries, foreigners cannot buy or own land. Land is the collective property of all Vietnamese people, but is governed by the state. According to the National Land Law, foreigners and foreign organizations can lease land. The lease period is up to 50 years.[31][32]​.

Burma

Although foreigners are not allowed to purchase land, a real estate investor who has a permit from the Myanmar Investment Commission (MIC) can apply for a 70-year lease.[33]​.

Belarus

According to Belarusian legislation, a foreign citizen cannot own land and only has the right to rent it.[34]​[35]​.

Laos

Foreigners are prohibited from permanent ownership of land. They can only lease it for a period of up to 30 years.[36][37]​.

Mongolia

Only Mongolian citizens can own land within the territory of Mongolia. Foreign citizens can only rent them.[38]​[39]​[40]​.

Maldives

Foreigners are not allowed full ownership of land in the Maldives. They can only lease it for 99 years.[41][42]​.

Sri Lanka

In 2014, Sri Lanka's Parliament passed a law prohibiting the purchase of land by foreigners. The new law will allow foreigners to have possession of land only through a lease of up to 99 years with an annual tax of 15% on the total rent paid in advance.[43]​[44]​[45][46]​.

Georgia

Since 2017, Georgia's new constitution prohibits foreigners from owning farmland. With a small number of exceptions, it determines that arable land can only be owned by the State, a Georgian citizen or a Georgian-owned entity.[47][48][49][50]​.

Kazakhstan

In 2021, President Kassym-Jomart Tokayev signed a law prohibiting the sale and lease of agricultural land to foreigners.[51][52][53]​.

Israel

Approximately 7% of allotted land in Israel is privately owned. The rest, that is, 93%, is owned by the State and is known as “Israeli Land.” The Land of Israel Law (one of the 14 Fundamental Laws of Israel, which lacks a Constitution) states that the land of Israel is jointly owned by the State (69%), the Development Authority (12%), and the Jewish National Fund (12%).

Ireland

Land Law Reform and Property Transfer Bill, 2006[54]​.

United Kingdom

The Tenure Abolition Act of 1660 ended the obligation on landholders to contribute knights to the army, and replaced the various previous obligations, in practice, with regular payments, usually in money, but sometimes in kind (socage).

Land tenure in Scotland has peculiar regimes.

• - Croftingː a particular land concentration. In a locality the best plots for cultivation are individually allocated, and the rest is left as communal land for any owner's livestock to graze.

• - The aoghairean were Hebridean serfs who were assigned enough land to feed 2 cows and 6 sheep.

• - Half-footː whoever had the rights to the land gave seeds to another and allowed him to till it. Then they divided the harvest halfway.

USA

With increasing homelessness and wealth inequality, land ownership in the developed world has become a problematic issue.[55]​[56]​ Market-based economies that treat housing as a commodity (commodity (economy)") and not as a right allow laws such as California's Proposition 13 (1978) that encourage the treatment of housing as an investment.[57]​[58]​ Due to demand Inelastic human need for housing, housing prices can rise above universally affordable prices.[59]​[60]​ This complicates tenure by limiting supply and exacerbating homelessness and informal housing conditions.[61]​ For example, in the United States, minimal regulation of home buying, selling and rent-seeking enables gentrification, leaving half a million Americans homeless because they cannot afford it.[59]​ This is because 17 million homes were left empty as investment vehicles for the rich.[62]​.

At the same time, severe weather events caused by global warming have become more frequent, affecting property values.[63]​.

developing countries

In the developing world, disasters are affecting more people due to urbanization, overcrowding, and weak legal and land tenure systems.

Colonial land tenure systems have generated difficulties in postcolonial societies.[64]​.

The concepts of "owner" and "holder" have been updated to refer to the modern relationship of the parties with respect to land held under a lease. However, Professor FH Lawson, in his Introduction to the Laws of Property (1958), noted that the landlord-tenant relationship never really fit into the feudal system and was rather an 'alien commercial element'.

The doctrine of possession did not apply to personal property. However, the relationship between a lessor of personal property and his tenant is very similar to the relationship between owner and holder that can be created in the case of land.

Secure land tenure also recognizes the legal status of the holder in urban areas. That is why the insecurity of tenure is a key factor in marginal neighborhoods: the inhabitants of these areas lack property titles or rental contracts for the land on which they have built their shacks, and for this reason local governments tend to marginalize them and do not take them into account.[65]​.

In 2012, the Committee on World Food Security, based at the Food and Agriculture Organization of the United Nations (FAO), approved the Voluntary Guidelines on the Responsible Governance of Land Tenure as a global standard, as a problem for the poor and politically marginalized is suffering from insecure tenure. However, this work is not over and is still ongoing. The United Nations Sustainable Development Goal 5 also calls for reforms that give women access to ownership and control of land, in recognition of the importance of tenure for the distribution of resources.[66]​ It should be remembered that it is possible to provide secure tenure without resorting to ownership, and conversely, land ownership by the poor does not guarantee them secure tenure, as they may be forced to sell it.

• - Land Portalː foundation to gather and disseminate information on land governance.

The legal concept of land tenure in the Middle Ages has come to be known as the feudal system, which has been widely used throughout Europe, the Middle East and Asia Minor. Feudal lords who received land directly from the crown, or another landowner, in exchange for certain rights and obligations were called head tenants.

They assigned portions of the lands in their possession to subholders, who in turn divided them among more inferior holders. This process—that of granting subordinate tenures—is known as subinfeudation. In this way, all individuals, except the monarch, owned lands that were always the property of others, because only the king, also known as the overlord or sovereign, could be the owner.[5][6]​.

Historically, it was common for there to be reciprocal duties and rights between the lord and the holder of his lands. Different types of tenure were given to adapt to different kinds of needs. For example, a military tenure might be for cavalry service, and require the holder to provide the lord with a certain number of armed horsemen and ground troops.

Here a confusing word comes into play: fee. It is well known in modern English and usually means fees. But in this context of land ownership, it refers to 2 legal figures: the fee tail, which prevents the division of a person's property among his heirs (similar to the mayorazgo or hereu) and the fee simple, which does not entail restrictions. The first figure was usually land, territorial rents or income-producing real estate, usually known as "fiefs" (fiefs or fiefdoms in English).[7]​ Over the centuries, and depending on the region, a wide variety of customs developed based on the same principle of subinfeudation.[8]​[9]​ The famous Magna Carta, for example, apart from granting a series of freedoms, limited feudal payments to the Crown.

Since then, these types of tenure have evolved into other forms, such as leases and domains. In Spain and South America, large estates occurred.

Contenido

Existen numerosos modos de propiedad de la tierra y de su tenencia. En español se suele hablar mucho más de "propiedad de la tierra" (12 800 000 resultados en Google el 15 de octubre de 2024) que de "tenencia de la tierra" (2 570 000), en contraposición a una visión inglesa más equilibrada (10 700 000 resultados para "land ownership" y 6 060 000 para "land tenure"). Pero lo importante no es quién tiene la propiedad de la tierra#Propiedad_de_la_tierra "Tierra (economía)"), sino que el régimen de tenencia para quienes la cultivan y viven de ella sea seguro y asequible.[10]​ Para hablar del problema de que unos pocos posean (sin implicar propiedad) mucha tierra, y otros muchos muy poca o ninguna, también se emplea el término "reparto de la tierra".[11]​[12]​.

Traditional land tenure

Most indigenous nations or tribes in North America did not think that anyone could own land; For them they could only be inhabited or used (hunting, cultivation and fruit gathering) with stewardship (stewardship).[13] While European land ownership focused on control, indigenous notions were based on administration. When Europeans first arrived in North America, they sometimes ignored traditional land tenure and simply took it over, or they adapted it to traditional tenure law by recognizing it as Aboriginal title. This theory formed the basis of treaties with indigenous peoples.

Ownership of land after oath to make productive use of it

In several developing countries, such as Egypt and Senegal, this method is still used today. In Senegal it is called mise en valeur des zones du terroir (in French, enhancement of areas of the terroir)[14]​ and in Egypt it is called Wadaa al-yad.[15]​.

Allodial title

Allodial title is a system in which real estate is held absolutely freely and without the prerogatives of any superior landowner or sovereign. True allodial title is rare, and most land ownership in the common law world (Australia, Canada, Ireland "Ireland (island)", New Zealand, United Kingdom, United States) is unrestricted (the fee simple explained above). The allodial title is inalienable, so it can be transmitted, bequeathed, donated or mortgaged by the owner, but it cannot be seized or restricted for the collection of taxes or private debts, nor expropriated by the State.

feudal land tenure

Feudal land tenure is a system of mutual obligations under which a king or noble granted someone a fief (a certain degree of interest in the use or income of a certain territory) in exchange for that someone providing services (such as providing warriors for the army) or paying him in money or in kind. This pattern was followed from the level of the high nobility—direct vassals of a monarch—to the lesser nobility, whose only vassals were their servants.

Full domain

Under common law, fee simple (fee simple; this figure also exists in continental law) is the most complete ownership right that someone can have over real estate, apart from the rare allodial title. The holder of this right can usually freely sell or transfer the property or use it to secure a mortgage loan. Freehold does not mean that, in most places, a property tax must be paid, nor that, if the land is mortgaged, there is a lien on it, a charge (derecho). In modern societies, fee simple (also called fee simple or absolute domain) is the most common form of land ownership. Land may also be owned by more than one party and there may be various co-ownership regimes, depending on the legislation of that territory.

Native title

In Australia, native title is a common law concept that recognizes that some indigenous peoples have certain land rights that derive from their traditional laws and customs.[16] Native title can coexist with non-indigenous property rights and in some cases different indigenous groups can exercise native title over the same land. There are approximately 160 registered native title resolutions, covering around 16% of Australia's landmass. The Mabo case "Mabo v Queensland Case (No 2)") overturned the decision in Milirrpum and repudiated the notion of terra nullius. Parliamentary laws subsequently passed recognized the existence of this common law doctrine.

Lifetime use

Under common law, life estate is a right of a person in real property that terminates upon the death of that person. The owner has the use of the land for as long as he or she lives, but usually does not have the ability to transfer that right (by selling it, bequeathing it, donating it) or using it to secure a mortgage loan. A similar figure is emphyteusis.

Mayorazgo

Under common law, a fee tail on property means that the person who has inherited it can only bequeath it to the eldest of his descendants, but cannot sell, divide or mortgage it. Similar concepts are the disappeared mayorazgo and the still current hereu, in Catalonia.

Lease

Under common law and civil law, the owner can rent land to another party. A wide range of arrangements are possible, from very short terms to the 99-year leases common in the UK for apartments, allowing varying degrees of freedom in the use of the property. In English the verbs to lease and to rent are used, with meanings that may differ; In Spanish lease and rent are used as absolute synonyms.[17]​[18]​ It is important to note that in Spanish leasing[19]​—rental with the option to purchase or financial lease—is translated into English as finance lease.

communal lands

Rights to use a commons (not to be confused with the commons) may include rights such as the use of a road or the right to have animals owned by a person graze on communally owned land.

sharecropping

In sharecropping (sharecropping), the farmer takes advantage of land owned by the lord in exchange for paying him part of the harvest or the livestock born.

Easements

An easement (Right) "Easement (Right)")—in English easement or servitude—allows one person to make certain specific uses of land owned by another. The most classic easement is that of right of way (right to cross), but it can also consist of laying an electrical line through another's land.

Others

There are also various forms of collective ownership, which normally take the form of membership in a cooperative or shares in a corporation, which owns the land (usually in fee simple, but with the possibility of other regimes). Hybrid situations also occur: in many communist states, state ownership of most agricultural land has been combined in various ways with land ownership by agricultural collectives (kolkhoz, sovkhoz).

Land tenure traditions can be estimated archaeologically according to territoriality and through the ways in which people create and use landscape boundaries, both natural and constructed. The less tangible aspects of tenure are more difficult to fix, and their study depends largely on the anthropological record (in the case of preliterate societies) or textual evidence (in the case of literate societies).

In archaeology, land tenure traditions can be studied throughout history "Long duration (historiography)"), for example, kinship-based land tenure and collective property management. This makes it possible to study the long-term consequences of change and development in land tenure systems and agricultural productivity.

Furthermore, an archaeological approach to land tenure arrangements studies the temporal aspects of land governance, including its sometimes temporal and negotiable aspects, as well as the uses of past forms of tenure. For example, people may claim ownership of resources through reference to ancestral memory within society. In these cases, nature and relationships to aspects of the past, both tangible (e.g. monuments) and intangible (e.g. concepts of history through storytelling), are used to legitimize the present.

Angola

The Land Law of 2004 confirmed ultimate state authority over land and natural resources, in both urban and rural environments. However, this law allowed the transfer of land for private use, subject to conditions that included "useful and effective use."[20] Article 15 of the new 2010 Constitution provides that land be transferred to natural or legal persons "with a view to its rational and full use in the terms of the Constitution and the law." Article 98(3) limits ownership and transfer to Angolan citizens.[20]​.

Afghanistan

According to article 41 of the Constitution of Afghanistan, foreigners cannot own land. "Foreigners will not have the right to own real estate in Afghanistan."[21]​[22]​.

Canada

Canada banned non-resident foreigners from purchasing homes in January 2023, and in February 2024 extended this ban until 2027.[23]​.

China

Land in China is state or collective property. Companies, farmers and homeowners lease land from the state under long-term rental contracts of 20 to 70 years.[24] Foreign investors are not allowed to purchase or own land in China.

Thailand

In Thailand, foreigners are normally prohibited from owning, or even possessing, land in Thailand. These restrictions are contemplated in the Land Law, articles 96 et seq.

Cambodia

According to Article 44 of the Cambodian Constitution, “only natural or legal persons of Khmer nationality shall have the right to own land.” Foreigners are prohibited from owning, or even possessing, land.[25]​[26]​.

Philippines

The 1987 Constitution prohibits foreigners from owning land in the Philippines.[27]​[28]​.

Indonesia

In Indonesia, foreigners are not allowed full ownership of land.[29][30]​.

Vietnam

As in many other Southeast Asian countries, foreigners cannot buy or own land. Land is the collective property of all Vietnamese people, but is governed by the state. According to the National Land Law, foreigners and foreign organizations can lease land. The lease period is up to 50 years.[31][32]​.

Burma

Although foreigners are not allowed to purchase land, a real estate investor who has a permit from the Myanmar Investment Commission (MIC) can apply for a 70-year lease.[33]​.

Belarus

According to Belarusian legislation, a foreign citizen cannot own land and only has the right to rent it.[34]​[35]​.

Laos

Foreigners are prohibited from permanent ownership of land. They can only lease it for a period of up to 30 years.[36][37]​.

Mongolia

Only Mongolian citizens can own land within the territory of Mongolia. Foreign citizens can only rent them.[38]​[39]​[40]​.

Maldives

Foreigners are not allowed full ownership of land in the Maldives. They can only lease it for 99 years.[41][42]​.

Sri Lanka

In 2014, Sri Lanka's Parliament passed a law prohibiting the purchase of land by foreigners. The new law will allow foreigners to have possession of land only through a lease of up to 99 years with an annual tax of 15% on the total rent paid in advance.[43]​[44]​[45][46]​.

Georgia

Since 2017, Georgia's new constitution prohibits foreigners from owning farmland. With a small number of exceptions, it determines that arable land can only be owned by the State, a Georgian citizen or a Georgian-owned entity.[47][48][49][50]​.

Kazakhstan

In 2021, President Kassym-Jomart Tokayev signed a law prohibiting the sale and lease of agricultural land to foreigners.[51][52][53]​.

Israel

Approximately 7% of allotted land in Israel is privately owned. The rest, that is, 93%, is owned by the State and is known as “Israeli Land.” The Land of Israel Law (one of the 14 Fundamental Laws of Israel, which lacks a Constitution) states that the land of Israel is jointly owned by the State (69%), the Development Authority (12%), and the Jewish National Fund (12%).

Ireland

Land Law Reform and Property Transfer Bill, 2006[54]​.

United Kingdom

The Tenure Abolition Act of 1660 ended the obligation on landholders to contribute knights to the army, and replaced the various previous obligations, in practice, with regular payments, usually in money, but sometimes in kind (socage).

Land tenure in Scotland has peculiar regimes.

• - Croftingː a particular land concentration. In a locality the best plots for cultivation are individually allocated, and the rest is left as communal land for any owner's livestock to graze.

• - The aoghairean were Hebridean serfs who were assigned enough land to feed 2 cows and 6 sheep.

• - Half-footː whoever had the rights to the land gave seeds to another and allowed him to till it. Then they divided the harvest halfway.

USA

With increasing homelessness and wealth inequality, land ownership in the developed world has become a problematic issue.[55]​[56]​ Market-based economies that treat housing as a commodity (commodity (economy)") and not as a right allow laws such as California's Proposition 13 (1978) that encourage the treatment of housing as an investment.[57]​[58]​ Due to demand Inelastic human need for housing, housing prices can rise above universally affordable prices.[59]​[60]​ This complicates tenure by limiting supply and exacerbating homelessness and informal housing conditions.[61]​ For example, in the United States, minimal regulation of home buying, selling and rent-seeking enables gentrification, leaving half a million Americans homeless because they cannot afford it.[59]​ This is because 17 million homes were left empty as investment vehicles for the rich.[62]​.

At the same time, severe weather events caused by global warming have become more frequent, affecting property values.[63]​.

developing countries

In the developing world, disasters are affecting more people due to urbanization, overcrowding, and weak legal and land tenure systems.

Colonial land tenure systems have generated difficulties in postcolonial societies.[64]​.

The concepts of "owner" and "holder" have been updated to refer to the modern relationship of the parties with respect to land held under a lease. However, Professor FH Lawson, in his Introduction to the Laws of Property (1958), noted that the landlord-tenant relationship never really fit into the feudal system and was rather an 'alien commercial element'.

The doctrine of possession did not apply to personal property. However, the relationship between a lessor of personal property and his tenant is very similar to the relationship between owner and holder that can be created in the case of land.

Secure land tenure also recognizes the legal status of the holder in urban areas. That is why the insecurity of tenure is a key factor in marginal neighborhoods: the inhabitants of these areas lack property titles or rental contracts for the land on which they have built their shacks, and for this reason local governments tend to marginalize them and do not take them into account.[65]​.

In 2012, the Committee on World Food Security, based at the Food and Agriculture Organization of the United Nations (FAO), approved the Voluntary Guidelines on the Responsible Governance of Land Tenure as a global standard, as a problem for the poor and politically marginalized is suffering from insecure tenure. However, this work is not over and is still ongoing. The United Nations Sustainable Development Goal 5 also calls for reforms that give women access to ownership and control of land, in recognition of the importance of tenure for the distribution of resources.[66]​ It should be remembered that it is possible to provide secure tenure without resorting to ownership, and conversely, land ownership by the poor does not guarantee them secure tenure, as they may be forced to sell it.

• - Land Portalː foundation to gather and disseminate information on land governance.