Welcome

Course code: GES 5107Course Title: Land Use, Policy and Management

ByS. M. Zahid HasanID No: 021411010

Reg No: 000001591Session: 2014-15

M.Sc. (1st Semester)Department of Geography and Environmetnal Science

Begum Rokeya University. Rangpur

Aim and Objectives

Introduction

Modes of Ownership and Tenure

Ownership Rights

Importance of Land Ownership Registration

Historical Root of Land Ownership

Land Ownership Pattern of Bangladesh

Land Tenancy System of Bangladesh

Record System of Land Ownership of Bangladesh

Conclusion

References

Aims and Objectives

• To find out the past history of land use pattern and land tenureof Bangladesh.

• To compare past land use pattern with the present land usepattern of Bangladesh.

• To know the present land use pattern recoding system ofBangladesh.

Data Collection

Book

Atlas

Website

Journals

Organization

Newspaper

Data Presentation

Picture

Figure

Map

Data Source and Presentation

Land is the solid surface of the earth that is not permanently covers by water.It is one of the important element of the environment for both human,animal and plant. The majority of human activity throughout the history hasoccurred in land areas that support agriculture. Habitat and various naturalresources.

Land use involves the management and modification of natural environmentor wilderness into built environment such as settlements and semi-naturalhabitats such as arable fields, pastures, and managed woods.

The pattern of holding land by owner of an area is known as land ownershippattern of that area.

In common law systems, land tenure is the legal regime in which land isowned by an individual, who is said to "hold" the land.

Introduction

• Traditional Land Tenure: For example, most of the indigenous nations or tribes of NorthAmerica had differing notions of land ownership. Whereas European land ownershipcentered around control, Indigenous notions were based on stewardship. WhenEuropeans first came to North America, they sometimes disregarded traditional landtenure and simply seized land, or they accommodated traditional land tenure byrecognizing it as aboriginal title. This theory formed the basis for treaties with indigenouspeoples.

• Allodial Title: a system in which real property is owned absolutely free and clear of anysuperior landlord or sovereign. True allodial title is rare, with most property ownership inthe common law world (Australia, Canada, Ireland, New Zealand, United Kingdom, UnitedStates) being in fee simple. Allodial title is inalienable, in that it may be conveyed, devised,gifted, or mortgaged by the owner, but it may not be distressed and restrained forcollection of taxes or private debts, or condemned (eminent domain) by the government.

Modes of Ownership and Tenure

• Feudal land tenure: a system of mutual obligations under which a royal or noblepersonage granted a fiefdom — some degree of interest in the use or revenues of a givenparcel of land — in exchange for a claim on services such as military service or simplymaintenance of the land in which the lord continued to have an interest. This patternobtained from the level of high nobility as vassals of a monarch down to lesser nobilitywhose only vassals were their serfs.

• Fee simple: Under common law, this is the most complete ownership interest one canhave in real property, other than the rare Allodial title. The holder can typically freely sellor otherwise transfer that interest or use it to secure a mortgage loan. This picture of"complete ownership" is, of course, complicated by the obligation in most places to pay aproperty tax and by the fact that if the land is mortgaged, there will be a claim on it in theform of a lien. In modern societies, this is the most common form of land ownership. Landcan also be owned by more than one party and there are various concurrent estate rules.

Modes of Ownership and Tenure

• Waada Al Yad: Ownership of land by swearing to make productive use of it. In severaldeveloping countries as Egypt, Senegal, ... this method is still presently in use. In Senegal,it is mentioned as "mise en valeur des zones du terroir“.

• Native title: In Australia, native title is a common law concept that recognizes that someindigenous people have certain land rights that derive from their traditional laws andcustoms. Native title can co-exist with non-indigenous proprietary rights and in somecases different indigenous groups can exercise their native title over the same land.

• Life estate: Under common law, this is an interest in real property that ends at death. Theholder has the use of the land for life, but typically no ability to transfer that interest or touse it to secure a mortgage loan.

• Fee tail: Under common law, this is hereditary, non-transferable ownership of realproperty. A similar concept, the legitime, exists in civil and Roman law; the legitime limitsthe extent to which one may disinherit an heir.

Modes of Ownership and Tenure

• Leasehold or rental: Under both common law and civil law, land may be leased or rentedby its owner to another party; a wide range of arrangements are possible, ranging fromvery short terms to the 99-year leases common in the United Kingdom, and allowingvarious degrees of freedom in the use of the property.

• Rights to use a common: which may include such rights as the use of a road or the right tograze one's animals on commonly owned land.

• Sharecropping: under which one has use of agricultural land owned by another person inexchange for a share of the resulting crop or livestock.

• Easements: which allow one to make certain specific uses of land that is owned bysomeone else. The most classic easement is right-of-way, but it could also include (forexample) the right to run an electrical power line across someone else's land.

Modes of Ownership and Tenure

Ownership Rights

Ownership

rights

Exclude others

from using

Irreversibly

Change

Sell, Give away or

bequeath

Rent or leaseUse (or not Use)

Retail all rights not

specifically granted

to others

Retain these rights

without time limit

or review

Importance of Land Ownership

Registration

• The title register constitutes the evidence of title and replaces proof of ownership byhistoric deeds and documents. If your land is registered, future dealings relating to it arequicker and more efficient because you have eliminated the requirement for the, oftensubstantial, bundle of pre-registration deeds and documents to be considered.

• Registration is conclusive as to the ownership of the land and provides a state backedguarantee of the title

• It provides greater protection against a claim for adverse possession of land by anunauthorised occupier. This is due to the differing requirements for a successful claim inrelation to registered land compared to unregistered land

• The register provides a clearer picture of the legal state of the land by setting out therights and covenants which benefit or burden the title in question.

Historical Root of Land Ownership

Land Ownership Pattern of Bangladesh

Vadic Era

King Dyanasty

Mughal Period

British Period

Present Condition

Figure: Land ownership during Mughal period

Land Ownership Pattern of Bangladesh

Ownership

(Hectare)

1960 1984 2000

% of HHs % of

Land

% of HHs % of

Land

% of

HHs

% of

Land

Landless (0-0.19) 19 1 46.3 3.1 56 4.9

Marginal (0.2-0.9) 38 15 33.6 26.2 30.7 36.5

Medium (1-2.9) 33 47 16.3 44.9 11.2 41.3

Large (3+) 10 37 3.8 25.8 2.1 17.3

Total 100 100 100 100 100 100

Source: BBS, 2001

Table: Landownership Structure of Bangladesh (1960–2000)

Land Tenancy System of Bangladesh

Land tenancy

system of

Bangladesh

Rent

Deed

LeaseDonation

Generation

Record System of Land Ownership of

Bangladesh

In Bangladesh there use a landownership record system called ‘Khatiyan” which is a Persianword.

Khatiyan: one kind of document for identifying land, documents prepared through survey forthe purpose of determining possession, ownership and assessing land development Tax (LTD)is known as khatiyan. It is also known as record of rigths, sottolipi or Porcha. This is onlyrecord of rights but this is not a deed of ownership.

Content of Khatiyan:

• Rule, Tenancy Rules,

• Plot No. ---partial or complete.

• Name, father’s name, address of the owner or owners.

• Portion of a owner, total amount of land, class and nature of land, location,easement right, amount of Land Development Tax payable, mode of paying tax,rights and obligations of the tenants, rent free status etc.

Record System of Land Ownership of

Bangladesh

Classification of Khatiyan:

Khatiyan

Mutation

KhatiyanSurvey Khatiyan

RS Khatiyan SA KhatiyanCS Khatiyan BS Khatiyan

Land ownership is not a modern concept. It is a primitive concept.In modern days it is developed. land ownership pattern was in theprevious in community base, state base but nowadays is individualbase. Due to lack of proper system of record there is a conflictbetween human-human for ownership of land in Bangladeshnowadays has records of land ownership though there is conflictfor land. Govt. should take proper steps to maintain proper landownership pattern and do proper survey for right of landownership.

Conclusion

• Robert G. 2011. The Idea of owning Land. Retrieved April 22, fromhttp://www.context.org/iclib/ic08/gilman1/

• BBS.2005.Agriculture Census Survey 2005, Bangladesh Bureau of Statistics, PlanningDivision, Ministry of Planning, Government of People’s Republic of Bangladesh, Dhaka.

• BBS.2008.Agriculture Census Survey 2008, Bangladesh Bureau of Statistics, PlanningDivision, Ministry of Planning, Government of People’s Republic of Bangladesh, Dhaka.

• Ministry of Land.2017. what is khatiyan. Retrieved fromhttp://www.minland.gov.bd/site/page/c14f084e-8974-4255-8183-bae66d436ebb/%E0%A6%96%E0%A6%A4%E0%A6%BF%E0%A7%9F%E0%A6%BE%E0%A6%A8---%E0%A6%AA%E0%A6%B0%E0%A7%8D%E0%A6%9A%E0%A6%BE

• Kumar R. Historical Analysis of Land Ownership. Retrieved April 23, 2017 fromhttp://www.mkgandhi.org/vinoba/anasakti/rajeshkumar.htm

References