Holding Their Ground: Secure Land Tenure for the Urban Poor in Developing Countries

Holding Their Ground: Secure Land Tenure for the Urban Poor in Developing Countries

by Alain Durand-Lasserve, Lauren Royston
     
 

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ISBN-10: 185383890X

ISBN-13: 9781853838903

Pub. Date: 04/28/2002

Publisher: Taylor & Francis

Security of land tenure for the urban poor is fast becoming one of the major problems for developing cities in Africa, Asia and Latin America. Based on extensive research this book presents and analyses the main conclusions of a comparative research program on land tenure issues. Based on extensive case studies, it gives a comparative perspective of land tenure at a

Overview

Security of land tenure for the urban poor is fast becoming one of the major problems for developing cities in Africa, Asia and Latin America. Based on extensive research this book presents and analyses the main conclusions of a comparative research program on land tenure issues. Based on extensive case studies, it gives a comparative perspective of land tenure at a global level. It looks at how solutions can be found and implemented to respond to the demands and needs of the majority of urban households living in informal settlements, and analyses how urban stakeholders, under particular social, legal and economic constraints, are devising and employing innovative and flexible responses.

"Holding Their Ground" fills a gap in the current literature on comparative research on tenure policies and will be invaluable to researchers, and professionals involved in defining and instigating tenure upgrading policies and programs.

Product Details

ISBN-13:
9781853838903
Publisher:
Taylor & Francis
Publication date:
04/28/2002
Edition description:
1
Pages:
280
Product dimensions:
6.46(w) x 9.48(h) x 1.02(d)

Table of Contents

List of Tables, Figures and Boxesvii
About the Editorsviii
About the Contributorsix
Acknowledgementsxiii
List of Acronyms and Abbreviationsxiv
1International Trends and Country Contexts - From Tenure Regularization to Tenure Security1
Background1
Irregular settlements and security of tenure3
From tenure regularization to security of tenure: The ongoing debate on strategies regarding tenure issues for the urban poor9
A framework for positioning Indian, Brazilian and South African tenure security policies in the international debate19
Key themes for a comparative reading of the country chapters in the context of global issues26
Part 1India
2Security of Tenure in Indian Cities37
An overview of policy and practice37
Governance of urban land in India38
Security of tenure in national policy39
Determinants of policy reorientation41
Instruments for policy implementation43
Irregular settlements in Indian cities45
Examples of strategies, tools and techniques for providing security of tenure to squatter settlements46
Conclusion53
3Policies for Tenure Security in Delhi59
The city development context59
Urban land policy60
Settlement typologies and land tenure60
Government policies64
Conclusion71
4Security of Tenure: Mumbai's Experience75
Types of tenure arrangements in the city of Mumbai76
Assessment of the tenure status of the urban poor77
Interventions for security of tenure79
Case studies of intervention around issues of tenure80
5Security of Tenure of Irregular Settlements in Visakhapatnam86
Informal settlements in a rapidly growing city86
Slum improvement and tenure regularization: Two decades of experience88
Security of tenure in slums: The different paths91
Unauthorized layouts and their regularization95
Part 2Brazil
6Providing Security of Land Tenure for the Urban Poor: The Brazilian Experience101
Introduction101
Access to urban land and housing104
Legal provisions and the state's responses107
Interests at stake, social practices and legal pluralism113
Urban policy in the 1988 federal constitution118
Conclusion123
7Security of Tenure in Sao Paulo127
The usucapiao right and 'adverse possession'128
Some urban usucapiao cases in the City of Sao Paulo131
Conclusions134
8The Right to Housing and the Prevention of Forced Evictions in Brazil138
The right to housing and the role of the state138
Housing policy: Obligations and responsibilities of the state140
Types of urban conflicts141
Actions taken by housing movements144
Measures to combat forced evictions145
Regulatory measures concerning property use and ownership146
The creation of special social interest zones147
The way forward148
9Favela Bairro: A Brief Institutional Analysis of the Programme and its Land Aspects151
The Favela Bairro programme154
Land tenure issues of the Favela Bairro programme and its regularization157
Conclusions160
Part 3South Africa
10Security of Urban Tenure in South Africa: Overview of Policy and Practice165
South Africa's long history of tenure insecurity165
Main forms of informal settlement169
Legal and policy framework affecting urban tenure since 1994171
Impact on urban tenure: The legal and policy framework in practice176
Major challenges in urban tenure reform179
11Evaluating Tenure Intervention in Informal Settlements in South Africa182
The functioning of informal settlements prior to capital subsidy intervention183
Subsequent to capital subsidy intervention: Evaluations of the intervention record187
Conclusion191
12Why the Urban Poor Cannot Secure Tenure: South African Tenure Policy under Pressure195
How urban tenure security works: The delivery link197
From the top: Urban tenure from the national level199
The cities: Local planning and tenure security200
Conclusions206
13Privatizing Displaced Urbanization in Greater Nelspruit209
Service delivery and payment for services211
Ownership as a motivator for housing consolidation212
Ownership as a catalyst for local economic development212
Tenure reform from an urbanization perspective213
Spatial impact213
Feasibility214
The choice of ownership as the preferred tenure option215
Alternatives to ownership216
14A Land Management Approach for Informal Settlement in South Africa218
The role of local authorities in land management219
Expanding the definition of informal settlements219
Understanding informal tenure using a social change approach220
A new land management approach for informal settlements223
Conclusion228
Part 4Conclusions
15Evaluating the Experience of Brazilian, South African and Indian Urban Tenure Programmes233
Urban households and tenure security233
Settlement upgrading through tenure security234
Tenure rules237
Local institutions are a key variable in the success of upgrading programmes238
Gender is a central element of the tenure process, as urban tenure security programmes often exclude women240
Corruption and violence are a key concern241
Conclusion242
16The Experience of Tenure Security in Brazil, South Africa and India: What Prospects for the Future?245
Current trends regarding security of tenure245
Main challenges regarding security of tenure251
Where to from here? Some strategic guidelines for implementing security of tenure policies253
Index257

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