By country
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. The land is collectively owned by 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.
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.