Introduction

Setting Ground Rules

Active participation

Respect each other’s idea

Mobile on silent mode

Be on time

No side talk
 Methods of Learning

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 Hawassa University
Wondo Genet College Of Forestry and
Natural Resource

Department of Land Administration and

Surveying
Training for Wereda Rural Land
Administration Experts
Understanding Federal, Regional Land Laws, Other Legislations and
Property Transaction and Tenure

April , 2023
Wondo Genet

12/18/2023 LaSu(Abay) 4
 Unit One: Understand The Legal Frame Works Of Rural
Land Administration Laws And Related Legislatives
Identifying and describing types of property
• Recognizing the federal rural land administration
laws.
• FDRE constitution of the 1995
• Federal rural land administration and use
proclamation no.
• Understanding expropriation of land holding for
public purpose and payment of compensation and
resettlement of displaced people proclamation no.
1161/2019 and regulation no 472/2020
• The Federal Revised Family Code, Civil Code, and Criminal Code
• Recognizing the specific regional rural land administration
laws
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 Identifying and describing types of property

 Unit One: Understand The Legal

Frame Works Of Rural Land
Administration Laws And Related
Legislatives
• The Federal Revised Family Code, Civil Code, and
Criminal Code
• recognizing the specific regional rural land administration
laws
• Understanding regional Rural Land Administration and
Use Laws
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 Identifying and describing types of property

Unit Two: Identify Rural Land

Rights Transactions
 Explaining the types of rural land rights transaction
 Types of rural land rights transaction
 Common basic principles for the rural land transaction
procedures
Performing the procedures and forms of rural land rights
transaction
 Procedures and forms of rural land rights transaction

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 Identifying and describing types of property

Unit Three: Rural Land Dispute

And Dispute Resolution
Mechanisms
 Identifying sources and types of rural land
related dispute
 Applying rural land dispute resolution
mechanisms

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 Identifying and describing types of property

 Have you hared the term property? Could you

define it?

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 Identifying and describing types of property

 The term “property” is often identified with a

tangible thing that people have (e.g., a piece of
land, a house, a watering can, a shovel).
 In legal terms, however, property is not an object;
it is a relationship between a person and things.
 “Property” is also the relationship between
different people with respect to things;
 Property is the interest or the right to exclude or to
include others in the use or benefits of certain
things
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 Con…….

• Property is any physical or virtual entity that is owned by an

individual or jointly by a group of individuals.
• An owner of property has a right to
 consume
 sell
.
 rent
 mortgage
 transfer and
 exchanges his or her property
Property rights: - refer to rules that specify who may do what
with a particular place or thing, for how long and under what
conditions (e.g., who may sell, rent, or destroy an object
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 Unit 3
Identifying and describing types of property
Introduction
• Various interests or rights in land and other
assets can be pictured as consisting of a
bundle of rights

LaSu(Abay) 12
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 Con….

• property rights” refers to the interests or rights

which a person can claim and exercise over
certain things.
• It can be the interest or the right to use a thing,
to dispose of it in different ways, to sell it or to
give it away

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 WAY OF LAND ACQUIRING

1. transfers from the state

 land reform programs,
 resettlement and redistribution schemes and
 anti-poverty programs
2. occupation
3. purchases
4. gifts,
5. inheritance
many people may have different kinds of interests over the
same asset at the same time, disputes are likely to occur,
especially when resources are scarce
LaSu(Abay) 14
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 Base of property classification

1. the physical or material nature of things or objects

 corporeal and
 incorporeal properties
2. physical mobility or immobility and the value or
importance attached to various types of property.
Movable
Immovable
3. Real and Personal Property
• Real Property = Immovable Property

•Personal Property = Movable Property

4. Fungible And Non-Fungible Things(specific identity)

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 Identifying and describing types of property right

1. Private Property (res privatae).

2. State Property (res publicae)
3. Open Access (res nullis)
4. Common Property (res communes)
5. Hybrid Property Rights

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 Identifying and describing types of property right

On the other hand, property rights may be: -

a) Easement: easement or servitude is a term rights exercisable by owners of

one parcel of land over the other land. The creation of an easement often
requires that there should be a dominant and supply property.

b) Encumbrance: it is a right adversely affecting the land. It includes several

burdens. Many are registrable in formal real estate registration systems.

Property rights need to be described in appropriate laws and guidelines. The

above property rights are the rights found conceptually. That does not mean
that anyone has those rights in any jurisdiction. The rights differ from country
to country and even from region to region.

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 Recognizing the Federal Rural Land Administration Laws

FDRE Constitution of the 1995

The FDRE constitution: Article 40 of the constitution
contains provisions that regulate land issues.
• the right to the ownership of private property
• Private property",
•The right to ownership of rural and urban land, as well
as of all-natural resources
•Ethiopian peasants have right to obtain land without
payment and the protection against eviction from their
possession

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 Recognizing the Federal Rural Land Administration Laws

FDRE Constitution of the 1995

•Ethiopian pastoralists have the right to free land for
grazing and cultivation as well as the right not to be
displaced from their own lands.
•Without prejudice to the right of Ethiopian Nations,
Nationalities, and Peoples to the ownership of land,
government shall ensure the right of private investors to
the use of land on the basis of payment arrangements
established by law
• right to have permanent improvements that brings
about on the land by his labor or capital
• the state has Expropriation right

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 International as well as regional treaties

•According to Article 9(4) of the FDRE constitution all

international agreements ratified by Ethiopia are an
integral part of the law of the land. There are many
international agreements and conventions which
Ethiopia has ratified.

•Based on Article 51(5) of the FDRE constitution, it is

stated that the federal government shall enact laws for
the utilization and conservation of land and other
natural resources.
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 International as well as regional treaties

•And Article 52 (2(d)) of the Constitution states

that regional governments are empowered to
administer land and other natural resources in
accordance with federal laws.

•According to these provisions the federal

government enacted a proclamation 456/2005
Rural Land Administration and Use
Proclamation.

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 Federal Rural Land Administration and
Use Proclamation No. 456/2005

In 1997 the federal government enacted the Federal

Rural Lands Administration and Use Proclamation
No.89/1997 that gave land holders some transfer rights
such as renting, gifting and bequeathing to a family
member.

It also gave power to regional states to enact their own

rural land administration laws within the framework of
the Federal Rural Lands Administration Proclamation
and to conduct specific or comprehensive rural land
redistribution.
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 Federal Rural Land Administration and
Use Proclamation No. 456/2005
• According to these provisions the federal government has
enacted a proclamation 456/2005. All the 9 regional states
(excluding Sidama regional state) and the Dire Dawa
administration have enacted their rural land administration
laws based on the delegation given by article 17 of the
Federal Rural Lands Administration Proclamation number
456/2005.

•The federal proclamation reaffirms ownership of rural land by

the State; however, it confers indefinite tenure rights of land
use i.e., rights to property produced on land, to land
succession, donation, exchange, and lease/rent.
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 Federal Rural Land Administration and
Use Proclamation No. 456/2005

• It makes provisions for the registration and certification

of land use rights.

• It also bans further land redistribution, except under

special circumstances.

• Furthermore, Proclamation 456/2005 requires regional

states to enact their respective land administration and use
proclamations consistent with the provisions of the federal
proclamation.
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 Federal Rural Land Administration and
Use Proclamation No. 456/2005

Land ownership is legally vested in the Ethiopian state and public.

Hence, land cannot be sold or exchanged. Peasant farmers,

pastoralists , who wish to be engaged in agriculture have only
holding rights and cannot sell, exchange or mortgage the land. But
the constitution does not prohibit mortgaging land use right.

Land administration is the responsibility of regional governments.

The legal framework for rural land acquisition, transfer,

redistribution, removal of a holding right, administration and security
are set out in the 1995 Constitution and Proclamation No. 456/2005 .

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 Federal Rural Land Administration and
Use Proclamation No. 456/2005
The rural land legislation provides peasants with lifetime rights (holding right)
to the land.

The rights of lease/rent, donation and inheritance are however restricted for
different reasons.

In accordance with Article 5 of Pr No. 456/2005, peasant farmers, semi-

pastoralists and pastoralists whose livelihoods depends on agriculture, or who
want to engage in agriculture, have the right to access land for free,

while private investors who engage in agricultural development activities, also

have the right to use rural land in accordance with the investment policies and
laws of the country.

The federal as well as regional rural land use and administration laws provide
that any peasant or pastoralist, or semi pastoralists who have the right to land
shall have the right to lease on his holding.

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 Federal Rural Land Administration and
Use Proclamation No. 456/2005

under proc 456/2005 article 5(1(c)) All other

provisions of the proclamation are equally
applicable for women too.

Article 6(4) enshrined that where land is jointly

held by husband and wife or by other persons, the
holding certificate shall be prepared in the name
of all the joint holders
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 Federal Rural Land Administration and
Use Proclamation No. 456/2005

•FRLAUP no. 456/2005 under its article 2(4) defines "holding right"
as the right of any peasant farmer semi-pastoralist and pastoralist
shall have to use rural land for purpose of agriculture and land
development, lease and bequeath to members of family or other
lawful heirs and includes the right to acquire property produced on
his land thereon by his labor or capital and to sale, exchange and
bequeath same.

•Besides Benishangul Gumuz regional proclamation under article 11

states that the rural land in the region may be held individually, in
group, communally and the government.
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 Federal Rural Land Administration and
Use Proclamation No. 456/2005
•The types of land holding can be classified as:
1. State holding right.
2. Joint holding right
3. Private/individual holding right.
4. Communal holding right

According to the proclamation, 456/2005 rural land can be acquired either

by distribution, redistribution, settlement programs, donation or
inheritance.

Based on this, rural kebele administrations allocate land within their

jurisdiction to farming households,

regional states allocate land through resettlement programs.

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 Federal Rural Land Administration and
Use Proclamation No. 456/2005

Farming households can also rent in land either in

the form of fixed rent or sharecropping and acquire
land as a gift or inheritance.

Most of the land used by farming households is

allocated by rural kebele administrations.

Investors can lease farmland from woreda

administrations, regional states or federal
government depending on how much land they wish
to acquire.
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 Federal Rural Land Administration and
Use Proclamation No. 456/2005
•The federal proclamation on rural land clearly promises land
redistribution only when the community agrees.

•Farming households may lose their land-use rights for different

reasons. One of the reasons is when they failure to use and
protect the land (FDRE, Proc. No. 456/2005, Art. 10.1).

•proclamation under article 98 provides that: “Federal and

regional rural land administration and use institutions shall carry
out awareness creation activities to farmers, semi pastoralists and
pastoralists pertaining to the rights and obligations provided” and
also Medias, educational institutions are responsible.

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 Federal Rural Land Administration and
Use Proclamation No. 456/2005

•Compromising the existing customary land tenure

system with statutory land tenure system is an important
task.

•It is not an easy task to converge the formal and

informal systems as far as land right. Trying to replace
the customary system by the formal system in the short
time is not an ideal solution.

•The formal system is not coined by taking in to account

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 Understanding Expropriation Proclamation No. 1161/2019 and
Regulation No 472/2020

These laws have steps on:

 How land can be taken from land holders for public purpose.

 How amount of compensation be calculated

 How compensation is made to expropriates

 How expropriated individuals are to be resettled.

•This proclamation and regulation repeal the previous proclamation number

455/2005 and regulation number 135/2007 respectively.

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 Understanding Expropriation Proclamation No. 1161/2019 and
Regulation No 472/2020

Objective of the Proclamation

• It is necessary that government needs to use land for

development works it carries out for public services;
and governing this process is crucial.

• Land expropriation has become necessary to address

the steadily growing urban population which
requires more land for building houses,
infrastructure; and for redevelopment of the urban
slams to invigorate investment and other services;
and for development activities in rural areas

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 No. 1161/2019 and Regulation No 472/2020

• It is essential to determine the types of compensable properties

and lost economic interests and the principles thereof and
establish the methods of valuation in order to pay land holders
whose landholdings and property are expropriated or damaged
or lost their economic interests in the process of expropriation
fair and equitable compensation.

• It is necessary to identify and define the powers and

responsibilities of authorities which are in charge of property
valuation, payment of compensation and resettlement.

• It is necessary to rectify and fill gaps envisaged in the former

law and to include other provisions to make the system of
expropriation of land holdings and payment of compensation
more effective
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 No. 1161/2019 and Regulation No 472/2020

• It is necessary to determine the decision-making process

and grievances procedure related with the expropriation
and payment of compensation.

• It is necessary to enact detailed laws to implement the

general powers given to the Federal Government under the
Constitution of Federal Democratic Republic of Ethiopia to
enact laws regarding land use under Article 51(5); and
expropriate of Private property for Public Purposes and
payment of fair and equitable compensation to the
expropriated land holders under Article 40(8) and provide
support to resettle displaced people under Article 44 (2
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 No. 1161/2019 and Regulation No 472/2020

• Compensation and Support packages(

proc/1161/2019 article ( 2)
1. Property Compensation
2. Displacement Compensation
3. Displacement Assistance
4. Economic Loss Compensation
5. Social Ties Discontinuance and Moral
Damage
6. Resettlement

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 No. 1161/2019 and Regulation No 472/2020

 The power to decide on public purpose is given to the appropriate

Federal Authority, or a Regional, and city cabinet.
 They shall decide on the basis of an approved
•land use plan
•master plan
•structural plan
 expropriated land directly or indirectly brings better development
and is beneficial to the public. (Article 5(1)). Unlike the previous
laws, this proclamation allowed landholders to file objections on the
public purpose decision where their land is expropriated in the
absence of the fulfillment of the requirements provided.
 the power to clear landholdings is given to the City or Woreda
administration.
 They have the power to order evacuation and takeover land decided
to be expropriated for public purpose. Article (6)
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 No. 1161/2019 and Regulation No 472/2020

Valuation of property is enshrined under

article 17 of the proclamation. Three
alternatives are included:
1. Certified Private Institution or individual
consultant valuators on the basis of a nationally
approved valuation method.
2. Autonomous Government Organization
established
3. Valuation committee established by the
relevant Urban or Woreda Administrations
comprising proper professionals.
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 No. 1161/2019 and Regulation No 472/2020

Finally, the powers and functions of different levels

of government agencies is included in the
proclamation. Ministry of Agriculture shall: (Article
22(2) of the proclamation)
 Follow up and ensure the implementation of this
Proclamation and the Regulation and Directive
enacted by federal government
 Support resettlement of displaced people from rural
areas.
 Provide technical and capacity building support
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 No. 1161/2019 and Regulation No 472/2020

On the other hand, the powers and Functions of Regional

States, Addis Ababa and Dire Dawa City Administrations are:
(Article 23 of the proclamation)
 Follow up and ensure the implementation of this Proclamation
and the Regulation and Directive enacted under it in Regional
States,
 Develop and implement resettlement packages
 Provide capacity building support to Urban and Woreda
Administrations to enable them to implement this Proclamation.
 Asses the living conditions of the displaced persons and provide
solutions to the identified problems.

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 No. 1161/2019 and Regulation No 472/2020

Woredas and urban administrations have got their own responsibility,

among them is the following: (Article 25 of the proclamation)
• Organize consultative meetings with people that are going to be
displaced on the type; benefits; and generally, the process of the
project.
• Pay or make others pay the compensation to the landholders whose
land holdings are expropriated.
• Implementing the resettlement packages.
• Maintain record of the property located on the expropriated land.
• Support and ensure the improvement of the livelihood of displaced
farmers and pastoralists.
• Maintain record and evidence relating to the displaced.

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 1.1.4. The Federal Revised Family Code, Civil Code, and Criminal
Code

Family code of the federal government:

• There is no major difference between the federal
and regional family laws. Almost identical.
• It govern land with respect to conclusion of marriage,
during marriage and at the time of divorce.
• It recognize the three types of marriages, customary,
religious, and civil marriages.
• According to article 40 of the federal family
law, various forms of marriage are equivalent.
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 1.1.4. The Federal Revised Family Code, Civil Code, and Criminal
Code

Family code of the federal government:

• Article 62 of the family code of the Federal, states
that, all income derived by personal efforts of the
spouses and from their common or personal property
shall be common property.
• (Art. 63 of the family code). This shows that, the
registration of rural land by the name of the husband
only does not mean that that land belongs solely to the
husband. The husband should prove by other
evidence that he is the sole holder of that land.
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 1.1.4. The Federal Revised Family Code, Civil Code, and Criminal
Code

The 1960 civil code of Ethiopia: The relevancy of the provisions of the 1960 civil
code is another law implemented for land issues. The civil code has a legal effect for
the land administration and use cases Issues like how

• contract is formed,

•essential valid requirements for the formation of a contract,

•how a contract could be terminated,

•performance of contract,

•invalidation of contract and

Others are not found in detail under the land administration laws of the federal as well
as regional states. So, the provisions which are found in the civil code will be used to
fill the gap.
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 1.1.4. The Federal Revised Family Code, Civil Code, and Criminal
Code

Criminal law: The federal democratic republic of Ethiopia criminal law has a
lot to do with the land use right.
• Chapter two of the criminal code starting from article 407 enshrines crimes
which are committed by public servants. Any public servant who, with intent to
obtain for himself or to procure for another an undue advantage or to injure the
right or interest of another.
• any public servant who, directly or indirectly, seeks, receives, or exacts
a promise of an advantage for himself or another, in consideration for
the performance or omission of an act, in violation of the duties proper
to his office, is punishable with simple imprisonment (Art. 408).
• False testimony, opinion or translation are other criminal acts carried
out in land administration
• Crimes against property are declared starting from Art. 662 of the
Criminal Code.

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 1.1.4. The Federal Revised Family Code, Civil Code, and Criminal
Code

• Causing damage on the property of another including land with

animals (Art. 685),
• possessing the land of another without just cause (Art. 686),
• changing or destructing boundary demarcations of the land holding
are all included.
• Art. 712 of the criminal code contains a provision about usury. by
exploiting a person's reduced circumstances or dependency, material
difficulties, or carelessness, inexperience, weak character, or mind:
lends him money at a rate exceeding the official rate; or obtains a
promise or assignment of benefits in property in exchange for
pecuniary or other consideration, which is in evident disproportion,
shall be punishable, according to the gravity of the case.

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 Understanding regional Rural Land
Administration and Use Laws
• Regional states power to enact their region land laws: Article
52(2(d)) of the FDRE constitution gives regional states to
administer their lands based on the law which the federal
government has promulgated.
• Despite this provision The Federal Government may, when
necessary, delegate to the States powers and functions granted to
it by Article 51 of this Constitution (Article 50 (5) of the FDRE
constitution).
• federal government delegated regional states to enact their own
rural land administration and use laws under article 17 of
proclamation number 456/2005.
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 Regional Proclamation, regulation, and directive
Regional legal frameworks.
I. Transfer rights
Despite the delegation is given by the federal rural land
administration and use proclamation, regional states have
different provisions in relation to the transfer of land
rights
Lease/ rent
Land rent/lease is one of the rights which is allowed by
the federal as well as regional states land administration
laws. federal proclamation number 456/2005 article 8
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 Tigray Amhara Oromia SNNPR

Rural Land Rent Regional

• Proclamation,
SLLC Pre-requisite • regulation,
Without displacing the • and directive•
Up to half Landholding
• Up to half of the total landholder • 3 for traditional certificate pre-
holding • Annual crops 10 years farming requisite
• 3 for traditional • Perennial crops up to 30 • 15 years for modern • Without displacing
farming years • VGs right to rent out the landholder
• Maximum 20 years whole holding • Farmer to farmer 5
years
• Investors for annual
crop 10 years
• Investors for
Perennial crop 25
years
Donation Landless immediate • Requirements Landless family members Family members
descendants, adopted child or A. Child, grandchild, family and immediate descendants
immediate ascendant member; or with no other income
B. Supporting the donor
Testate Succession • Not Possible To any one whose livelihood is • Family Members Family members (not clear
dependent on agriculture or • Priority for wholly whether testate or intestate)
wants to engage on it dependent of the land
Intestate succession • Underage children • Immediate Ascendants Family Members Family members (not clear
• Landless adopted or • Immediate Descendants whether testate or intestate)
natural children who • Other family members as
attained majority. per the law
• Landless immediate • Land Bank
ascendants
• Those who were
supporting.
• Distribution
Access to Credit Drafted • Maximum 30 years Land Drafted Drafted
use right
• Financial Institutions
Recognized by NBE
• To the extent of the land
use right
Women Land Rights • 2 Committee members Representation by legally At the time of divorce -
• Affirmative action recognized body
LaSu(Abay) partition of property taking 50
12/18/2023 during re-distribution in to account the number of
(25 % for women) children they will take care
 UNIT TWO: IDENTIFY RURAL LAND RIGHTS
TRANSACTIONS
•Transaction: - is a generic term used to describe a
Transfer, or an Easement, authorized pursuant to
another.

•Land transaction: is a transaction on land initiated by

the land holder(s).

•It can either be transfer of land rights or restrictions on

these (encumbrances) or changes in parcel or person
data without impact on the right on land.
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 UNIT TWO: IDENTIFY RURAL LAND RIGHTS
TRANSACTIONS
•Land records are the evidence of ownership and use rights.

•There is a growing outcry for a better land management and

development controls by the public sector.

•Generally, knowledge is not enough, what is required is detailed

information about land use
• who owns the land,
• who occupies and work on it,
• what is pattern of land use etc.

•During land transactions there are changes in land rights and other
issues related to land. The change might be in land rights, property
formation, land parcels or/and land holdings
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 Types of Rural Land Rights Transaction

•Transactions on rural land can be sub-divided three transactions

1. With transfer of land holding rights (e.G., Bequeath/inheritance,

divorce, gift, exchange, expropriation, and reallocation) or

2. Without transfer of land holding rights (limitation/restriction of

rights e.G., Encumbrances as rent/lease or servitudes/easements.

3. Transaction is concerned with changes in spatial configuration

of the parcel (land consolidation and boundaries correction) or
with corrections (of parcel and/or land right holder data

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 Types of Rural Land Rights Transaction

1, The rural land transactions with transfer of rights are:

i. Bequeath/Inheritance:

ii. Marriage:

iii. Divorce:

iv. Gift:

v. Exchange:.

vi. Expropriation:

vii. Reallocation:

viii. Special Case:

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 Types of Rural Land Rights Transaction

2. The rural land transactions without transfer but with limitation of rights are:

i. Rent (lease): a land right holder can lease, to other farmers or investors, land
from his/her holding of a size sufficient for the intended use, in a manner that
shall not displace him/her and for a period to be determined by the rural land
administration and use proclamation/regulation of the particular regional state.

ii. Servitude/easement is the right to enter/pass through the land hold by another.
The most common are rights of way (for holders of adjacent land-locked
parcels) and rights concerning flowing waters/irrigation.

iii. Other restrictive interests: any agreement (authorized by law) made by the land
right holder concerning his/her land or any court decision that restricts the
transfer of the land (e.g., unpaid land tax, pending judgment).

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 Types of Rural Land Rights Transaction

3. Changes in spatial configuration of the parcel, corrections, or certificate replacement

•In this group of land transactions, only the spatial configuration and size of the parcel is
modified, or the particulars of the land right holder are changed. However, consolidation
(merge) of parcels will always be combined with a transfer of rights transaction (transfer of
rights before parcels’ merge/consolidation) whilst boundaries’ correction may include
transfer of rights because of the transaction. A change of spatial configuration or size of the
parcel of land and/or of the particulars of the land right holder should be register in the land
register. In case of:

i. Change in parcel configuration or size: the land record showing the original
relationship person (land holder) - right (holding) - parcel must be deleted and replaced
by one or more a new one(s) but for in case it is only a minor correction (e.g., size).

ii. Change in particulars of the land right holder (e.g., wrongly spelled name): the land
record showing the original relationship person-right-parcel must be corrected.
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12/18/2023 LaSu(Abay) 57
 Types of Rural Land Rights Transaction

•The rural land transactions concerned with changes in spatial configuration of the parcel or with
corrections are:

i. Consolidation (merge) of parcels: consolidation/merge of parcels may be done if it will make

the land holding more convenient for development; of course, the parcels to merge should be
hold by the same land right holder. This is mostly the case after exchange of parcels.

ii. Boundaries correction: this can happen if the parcel has been wrongly demarcated during
SLLC or if the boundaries have been changed due to natural phenomena (e.g., derived river);
rectification of boundaries will have an influence on the area of the parcel and probably on the
boundaries of neighboring parcels.

iii. Corrections (textual; spatial): simple correction of the land record may be needed if e.g. the
area of the parcel or if some particulars of a person (e.g. name) have been incorrectly recorded.

iv. Replacement of certificate: just re-printing in case of lost or damaged certificate

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 Common Basic Principles for the Rural Land Transaction Procedures
•Even if each land transaction has its own specificities, they all follow a similar process
throughout different functional environments. Therefore, common basic principles, activities
and documents for land transactions are presented below.

A. Land Holding Certificate

•Every rural landholder shall be issued with a landholding certificate prepared for each
parcel he/she is holding. The landholding certificate shall:

 Be a document showing the attributes of the land holder and of the parcel, including a
parcel index map showing the parcel itself and the neighboring parcels.

 Be prepared in the name of the joint holders where the holders of the parcel are more
than one.

 Officially be issued by woreda land administration office (but delivered to the rural land
holder through the kebele land administration committee, if feasible).
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 Common Basic Principles for the Rural Land Transaction Procedures
A. Availability of Land Information

•The availability of current, relevant and reliable land information is

particularly important in land governance because land is a highly
valued resource and often the source of conflict. Land information is
equally important for sustainable development as a support to
public/private programs, land information must be made available in an
easily accessible and timely manner.

•The land holding (spatial and non-spatial) information registered in the

land register database at woreda level and aggregated to the regional and
federal level.
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 Performing the Procedures and Forms of Rural Land Rights Transaction

1. Procedures and Forms of Rural Land Rights Transaction

1. Submission of the application for land transaction to the KLAUC in

collaboration with kebele LA expert

2. Investigation by the KLAUC and/or kebele LA expert of the application

for a land transaction and information that there is an application for a land
transaction to the woreda land administration office.

3.Notification at the KLAUC office if needed.

4.If there are no claims or after they have been solved.

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 Performing the Procedures and Forms of Rural Land Rights Transaction

5. After payment of fees, the woreda land administration office

(under the responsibility and authority of the land registrar)
updates the land register and issues , a new landholding
certificate if needed. The hard copies of the land register (at
woreda and kebele levels) are updated correspondingly.

6. A copy of the new landholding certificate is delivered to the

land holder through the KLAUC (and kebele LA expert in the
case of Amhara region); another copy is kept in archives at the
woreda land administration office.

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 Procedures for Rural Land Transactions with Transfer of Right

The rural land transactions with transfer of rights are through:

1. Bequeath/Inheritance (with and without will and with or without parcel sub-
division)

2. Divorce (with or without parcel sub-division)

3. Gift (with or without parcel sub-division)

4. Exchange

5. Expropriation (with or without parcel sub-division)

6. Reallocation

7. Special Case: Land holding not registered at SLLC (in case of a parcel that has been
demarcated during SLLC but could not be adjudicated and thus not registered
because the land holder was not present during SLLC operations).
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1..
 Bequeath/Inheritance with will)
Required documents:

1. Application form completed and signed by the heir(s)

2. Physical presence of the heir(s) or representation with certified power of attorney

3. Proof of identity of the heir(s)

4. Proof of marriage or of celibacy of the heir(s)

5. Proof of death of the land holder

6. Elders committee or woreda court statement on claim resolution, if applicable

7. Authentic will determining who are the heirs and their respective rights

8. Land holding certificate

Output documents: new landholding certificate (including parcel index map), for each of the
new land right holders (each of the heirs).
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 Bequeath/Inheritance (a without will))

Required documents:

1. Application form completed and signed by the heir(s)

2. Physical presence of the heir(s) or representation with certified power of attorney

3. Proof of identity of the heir(s)

4. Proof of marriage or of celibacy of the heir(s)

5. Proof of death of the land holder

6. Elders committee or woreda court statement on claim resolution, if applicable

7. Woreda court decision determining who are the heirs and their respective rights.

8. Land holding certificate

Output documents: new landholding certificate (including parcel index map), for each of the
new land right holders (the heirs)
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 Procedure for rural land transaction through Marriage

A. Transaction: Joining land holding rights through marriage.

o Someone (man or woman) having held right on one or more parcels is marrying
another person they will then have joined holding right on each of their parcels.

o This is thus the process of updating of the Land Register for the parcels hold by the
spouses. Per parcel, the Land Register will have to be updated for the person’s
details of the other spouse (and his/her children if any); also, the date of the update
should be registered.

o Remark 2: marriage is not the only case of joining land holding rights;.

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 Procedure for rural land transaction through Marriage

Referring to the Revised Family Code Proclamation

213/2000, it must be noted that:
• Art. 57: The property which the spouses possess on the day of
their marriage or which they acquire after their marriage by
succession or donation, shall remain their personal property.
but also, that:
• Art. 63: All property shall be deemed to be common property
even if registered in the name of one of the spouses unless
such spouse proves that he is the sole owner thereof

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 Procedure for rural land transaction through Divorce

Conditions for transaction :(in accordance with the relevant

land administration and Use proclamation or regulation of the
regional state concerned)
Required documents:
1. Application form completed and signed by the divorced
spouses.
2. Physical presence or representation with certified power of
attorney
3. Proof of identity of the divorced spouses
4. Proof of divorce
5. Elders committee or woreda court statement on claim
resolution, if applicable
6. Land holding certificate
• Output documents: new landholding certificate (including
LaSu(Abay) 68
parcel index map), for each of the new land right holder(s)
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 Procedure for rural land transaction through Gift

• Conditions for transaction:(in accordance with the relevant

land administration and Use proclamation or regulation of the
regional state concerned)
• Required documents:
1. Application form completed and signed by the gift giver and recipient(s)
2. Physical presence or representation with certified power of attorney
3. Proof of identity of the gift giver and recipient(s)
4. Proof of marriage certificate or of celibacy of the gift giver and
recipient(s)
5. Elders committee or woreda court statement on claim resolution, if
applicable
6. Land holding certificate
7. Output documents: new landholding certificate (including parcel index
map), for each of the new land right holders (gift giver and recipient(s) or
only the latter)

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 Procedure for rural land transaction through
Exchange

•Conditions for transaction :(in accordance with the relevant

land administration and Use proclamation or regulation of the
regional state concerned)

 The two parcels to be exchanged should be located in the same

woreda

 The rationales for exchange should contribute to improving

the use of the land.

 The application for transfer of land holding rights by exchange

has to be displayed at the kebele (and woreda) land
administration office.

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 Procedure for rural land transaction through exchange

•Required documents:

1. Application form completed and signed by both land holders willing to exchange
their parcels.

2. Physical presence or representation with certified power of attorney

3. Proof of identity of both land holders willing to exchange their parcels

4. Proof of marriage or of celibacy of both land holders willing to exchange their

parcels

5. Elders committee or woreda court statement on claim resolution, if applicable

6. Land holding certificates

Output documents: new landholding certificate (including parcel index

map), for each of the new land right holders (both land holders exchanging
their parcels)
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 Procedure for rural land transaction through Expropriation

Conditions for transaction :( in accordance with the relevant

land administration and Use proclamation or regulation of the
regional state concerned and with the “Expropriation of land
holdings for public purposes and payment of compensation”
federal Proclamation 455/2005)
• Decision by woreda administration (or by regional or federal
government and implemented by the woreda administration)
for expropriation of the rural land holding for public interest.
• Advanced payment of proper compensation
• If sub-division is needed (and if the size of the parcels after
sub-division are not less than the minimum size of an
holding), it will have to take place first; after sub-division of
the parcel, the transfer of land holding rights through
expropriation will take place
• The application for transfer of land holding rights by
expropriation has to be displayed
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 Procedure for rural land transaction through Expropriation

.
Required documents:
1. Application form completed and signed by the representative
of the woreda administration.
2. Decision by woreda administration (or by regional or federal
government and implemented by the woreda administration)
for expropriation of the rural land holding for public interest.
3. Prove of payment of compensation.
4. Land holding certificate
Output documents: new land holding certificate (including parcel
index map), for the woreda administration and for the land holder
in case of partial expropriation (part of the parcel being not
expropriated)

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 Procedure for rural land transaction through reallocation

• If a parcel of land is not utilized or land holder is not using and

protecting his/her land for a number of years (and after
warning), the authority concerned can decide to confiscate and
reallocation the rural land holding. Also, and after consultation
with the community, the authority concerned can decide to
reallocate (degraded) communal land.
• •The reallocation study is executed by the KLAUC and
submitted to the kebele administration for decision on
reallocation (after verification with the woreda
administration).
• The decision of reallocation of a land holding has to be
displayed at the kebele (and woreda) land administration
office.
• •If sub-division is needed, it will have to take place first; after
sub-division of the parcel, the transfer of land holding rights
through reallocation will take place
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 Procedure for rural land transaction through reallocation

• Required documents:
1. Application form completed and signed by the representative
of the kebele administration.
2. Decision to reallocate the rural land holding by the kebele
administration.
3. Elders committee or woreda court statement on claim
resolution, if applicable
4. Proof of identity, marriage or of celibacy of the new land
holder (to whom the land is reallocated)
5. Land holding certificate
• Output documents: new landholding certificate (including
parcel index map), for the new land holder (who has been
reallocated the land).

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 Special case’s procedure for rural land transaction
• Remark: complete coverage of land parcels that have been
demarcated, adjudicated and registered at the SLLC phase.
However, there can be (special) cases where a parcel has not
been registered at SLLC level. Therefore, this rural land
transaction procedure has been developed to enable (sporadic)
land registration for special cases. This special cases’
procedure will disappear in the future when all parcels will
have been registered.
• Transaction: During the SLLC process, a parcel could not be
registered
• Conditions for transaction: (in accordance with the relevant
Land Administration and Use Proclamation or Regulation of
the Regional State concerned).

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 Special case’s procedure for rural land transaction
Two cases can occur:
1. After some time, the right holder realizes his/her mistake and
claims the land holding right on the parcel and wants to
receive the corresponding Land Holding Certificate;
2. If nobody claims the parcel, the tenure right on the parcel
comes back to the State and the parcel can be reallocated.
• The special cases’ procedure for rural land transaction will be
only concerned with case 1 above. For case 2 above, the
procedure for rural land transaction through Reallocation will
be applied.
• The application for transfer of land holding rights by Special
cases ‘procedure has to be displayed at the kebele (and
woreda) land administration office

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 Special case’s procedure for rural land transaction
• The application for transfer of land holding rights by Special
cases ‘procedure has to be displayed at the kebele (and
woreda) land administration office.
• Required documents:
• Application form completed and signed by the (claiming) land
holder
• Physical presence or representation with certified Power of
Attorney
• Elders Committee or Woreda Court statement on claim
resolution, if applicable
• Proof of identity, marriage or of celibacy of the (claiming)
land holder.
• Proof of land holding right on the parcel from 1st level land
registration (i.e., Green Book)
• Output documents: Land Holding Certificate (including
LaSu(Abay) 78
Parcel Index Map), for the claiming land holder.
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 Procedures for Rural Land Transactions with
Limitation/Restriction of Rights
• the everlasting land holding right received by a person from
the state is not transferred to another person (or group of
persons) but the right is limited/restricted by means of an
encumbrance.
• An encumbrance should be registered in the land register as an
annotation in the electronic land record showing the
relationship person (land holder) - right (holding) - parcel.
The rural land transactions without transfer but with limitation/restriction of
rights are through:
1. Rental (sub-lease)

2. Servitude/easement

3. Other restrictive interests

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 A. Procedure for rural land transaction through Rent/
Lease
A land rental/lease agreement has to be concluded at the kebele/woreda level
and registered as an encumbrance on the parcel in the land register. Land
rental agreements (see examples in appendices 1 [Cash rental agreement] and
2 [Crop sharing rental agreement]) are available at the kebele and woreda land
administration offices.
• Size of the (part of) parcel to rent/lease and duration of the rent/lease
should be in accordance with the federal and regional rural land
administration and use proclamations.
• Renting/leasing can only be done to other farmers or investors.
• In case of rent/lease of part of a parcel there is no need for physical sub-
division of the parcel; only a corresponding annotation is entered in the
land register.
• Although rent/lease is not a transfer of holding rights but only a restriction
on this right, the transaction needs to be displayed for claims to avoid
illegal actions and to ensure that everyone is aware of the encumbrance on
the parcel (e.g., in case of inheritance during the rental period).
• When the rental/lease is terminated the encumbrance annotation should be
removed from the land register
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 A. Procedure for rural land transaction through Rent/Lease

Required documents:
1.Application form completed and signed by the Lessor and by
the Lessee.
2.Land rental agreement completed and signed by the Lessor
and by the Lessee.
3.Physical presence or representation with certified Power of
Attorney
4.Proof of identity of the Lessor and of the Lessee
5.Proof of marriage or of celibacy of Lessor and Lessee
6.Land holding certificate
Output documents: Annotation in the land register (only non-
spatial components as there is no change on the parcel) of the
restriction of land holding rights by rental/lease (including data
of Lessee, starting and end date of the rental/lease).
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 B. Procedure for rural land transaction due to Servitudes/Easements
• Conditions for transaction :(in accordance with the relevant
land administration and use proclamation or regulation of the
regional state concerned).
• A servitude/easement has to be requested at KLAUC level and
registered as an encumbrance annotation in the land register.
• Although servitude/easement is not a transfer of holding
rights but only a restriction on this right, the transaction
needs to be displayed for claims or to ensure that everyone is
aware of the encumbrance on the parcel.
• A demarcation of the servitude/easement may be needed.
• When the servitude/easement is terminated the
encumbrance annotation should be removed from the land
register.

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 B. Procedure for rural land transaction due to Servitudes/
Easements
• Required documents: Application form completed and
signed by the third party (natural or legal persons, public or
private) requesting the servitude/easement and of the
landholder of the servant parcel.
1. Physical presence or representation with certified power of
attorney
2. Proof of identity of the requesting third party and of the land
holder of the servants parcel
3. Proof of marriage or of celibacy for both parties
4. Land holding certificate
• Output documents: Annotation in the land register (only non-
spatial components as there is no change on the parcel) of the
restriction of land holding rights by servitude/easement
(including type of servitude/easement, data of third party,
starting and end date of the servitude/easement).
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 C. Procedure for rural land transaction due to other Restrictive Interests
• Conditions for transaction :( in accordance with the relevant
land administration and use proclamation or regulation of the
regional state).
• Restrictive interests have to be requested at the KLAUC level
and registered as an encumbrance annotation in the land
register.
• Although restrictive interests are not a transfer of holding
rights but only a restriction on this right, the transaction still
needs to be displayed for claims or to ensure that everyone is
aware of the encumbrance on the parcel.
• When the restrictive interests are terminated the
encumbrance annotation should be removed from the land
register.

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 C. Procedure for rural land transaction due to other Restrictive Interests
Required documents:
1. Application form completed and signed by the third party (natural or legal
persons, public or private) requesting the Restrictive Interests and of the
land holder of the parcel.
2. Physical presence or representation with certified power of attorney.
3. Proof of identity of the requesting third party and of the land holder of the
parcel.
4. Proof of marriage or of celibacy for both parties (unless it is a court
decision or a request from a legal person).
5. Restrictive interest’s agreement between the parties or court decision
6. Land holding certificate.
• Output documents: Annotation in the land register (only non-spatial
components as there is no change on the parcel) of the restriction of land
holding rights by restrictive interests (including type of restrictive interest,
data of third party, starting and end date of the restrictive interest).

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 Procedures for Recording Corrections or Changes in Parcel
Spatial Configuration
A change of spatial configuration or size of the parcel of land
and/or of the particulars of the land right holder should be
register in the land register. In case of:
• Change in parcel configuration or size: the land record
showing the original relationship person-right-parcel has to be
deleted and replaced by one or more a new one(s) but for in case
it is only a minor correction (e.g., size).
• Change in particulars of the land right holder: the land
record showing the original relationship person-right-parcel has
to be corrected (e.g., wrongly spelled name).
The rural land transactions concerned with changes in spatial
configuration of the parcel or with corrections are:
1. Consolidation (merge) of parcels
2. Boundaries correction
3. Corrections (textual; spatial)
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 Procedures for Recording Corrections or Changes in Parcel
Spatial Configuration

1. Consolidation (merge) of parcels

Required documents:
2. Application form completed and signed by the land holder of
the parcels to be merged or his/her representative.
3. Physical presence or representation with certified power of
attorney
4. Proof of identity of the land holder of the parcels to be
merged or of his/her representative.
5. Proof of marriage or of celibacy of the landholder of the
parcels to be merged.
6. Land holding certificate
• Output documents: new landholding certificate (including
parcel index map), for the new parcel generated through
consolidation/merge.
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 Procedures for Recording Corrections or Changes in Parcel
Spatial Configuration

2. Procedure for recording Boundaries Correction

Boundaries correction should use the same process/technology as for the SLLC.
Required documents:
1. Application form completed and signed by the land holder of the parcel for which
the boundaries need to be corrected.
2. Physical presence or representation with certified Power of Attorney
3. Proof of identity of the land holder of the parcel for which the boundaries need to
be corrected or of his/her representative.
4. Proof of marriage or of celibacy of the landholder of the parcel for which the
boundaries need to be corrected.
5. Land holding certificate
Remark: for adjudication in the field, the land holders of the adjacent parcels will have
to be present (or officially represented) and will need to bring their land holding
certificates with them.
Output documents:
New landholding certificate (including a new/corrected parcel index map), for the
parcel for which the boundaries have been corrected. The new land holding right
certificate is for/in the name of the same land holder as there is no transfer of right by
Boundaries correction.
Probably, also new land holding right certificates
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 Procedures for Recording Corrections or Changes in Parcel
Spatial Configuration
3. Procedure involving simple Correction.

A Correction of the parcel or person information in the land register should be requested at the
KLAUC level.

As Correction of data in the land register is not a transfer of holding rights, the transaction does
not need to be displayed for claims.

•Required documents:

1. Application form completed and signed by the land holder.

2. Physical presence or representation with certified power of attorney

3. Proof of identity of the land holder

4. Proof of marriage or of celibacy of the landholder

5. Land holding certificate

•Output documents: new certificate of landholding rights

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 Procedures for Recording Corrections or Changes in Parcel
Spatial Configuration
4. Procedure for replacement of certificate

A replacement of landholding certificate should be requested at the KLAUC

level.

Although replacement of landholding certificate in not a transfer of holding

rights, the transaction needs to be displayed for claims and to avoid illegal
practices.

Required documents:

• Application form completed and signed by the land holder.

• Physical presence or representation with certified power of attorney

• Proof of identity of the land holder

• Proof of marriage or of celibacy of the landholder

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Output documents: Copy of the certificate of land holding rights
12/18/2023
 UNIT THREE:
RURAL LAND DISPUTE AND DISPUTE RESOLUTION
MECHANISMS
• Land is a major source of disputes in rural societies
in whole over the world and the reasons for this may
vary across the world.
• While land remains largely fixed asset, the demand
upon land generally increases with resulting tensions.
• This possibly creates competition for land and this in
turn generates land disputes.
• All land disputes, no matter how peaceful or violent
they may be, produces negative consequences for
individuals as well as for society
Land disputes can be defined as a social fact in which
at least two parties are involved,
12/18/2023
LaSu(Abay)
the roots of which are91
 UNIT THREE:
RURAL LAND DISPUTE AND DISPUTE RESOLUTION
MECHANISMS
• For the land management to be sustainable, land disputes
settlement must be effective and efficient
• Well-functioning institutions and land dispute resolution
mechanisms can play vital role on improving the development
of the sector.
• Scholars mention many causes that perpetuate for land
disputes
1. Land dispute is related with politics
2. Economic aspect
3. Socio-economic factors
4. Demographic problem
5. Legal causes (legislative loopholes, legal pluralism,
traditional land laws)
6. Administrative reasonsLaSu(Abay) 92
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 UNIT THREE:
RURAL LAND DISPUTE AND DISPUTE RESOLUTION
MECHANISMS
• 3.1. Identifying Sources and Types of Rural Land Related
Dispute
• Disputes over land fall into four general categories. Within
these categories, conflicts may be separated into 35 different
types and over 50 sub-types.
• classification base
1. kind of land involved (state, private or common property),
2. the specific object of the conflict
3. the legitimacy of actions and
4. the level of violence used by the parties

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 UNIT THREE:
RURAL LAND DISPUTE AND DISPUTE RESOLUTION
MECHANISMS
3.1. Identifying Sources and Types of Rural Land Related
Dispute
A, Conflicts occurring on all types of property
 Boundary conflicts
 Inheritance conflicts
 Ownership conflicts due to legal pluralism
 Ownership conflicts due to lack of land registration
 Ownership conflicts between state and
private/common/collective owners
 Multiple sales/allocations of land
 Limited access to land due to discrimination by law, custom
or practice
 Peaceful, informal land acquisitions without evictions
 Violent land acquisitions, incl. clashes and wars over land
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 UNIT THREE:
RURAL LAND DISPUTE AND DISPUTE RESOLUTION
MECHANISMS
3.1. Identifying Sources and Types of Rural Land Related
Dispute
A, Conflicts occurring on all types of property( CON….)
 Evictions by landowners
 Illegal evictions by state officials acting without mandate
 Market evictions and distortion of local land market/values
 Disputes over the payment for using/buying land
 Disputes over the value of land
 Conflicts between human/cultural and natural use (flora and
fauna)
 Destruction of property

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 UNIT THREE:
RURAL LAND DISPUTE AND DISPUTE RESOLUTION
MECHANISMS
3.1. Identifying Sources and Types of Rural Land Related
Dispute
B, Special conflicts over private property
 Expropriation by the state without compensation
 Sales of someone else’s private property
 Leasing/renting of someone else’s private property
 Illegitimate expropriations by banks
 Conflicts due to land/agrarian reforms
 Conflicting claims in post-conflict situations
 Illegal/improper uses of private land
 Intra-family conflicts, especially in case of polygamy
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 UNIT THREE:
RURAL LAND DISPUTE AND DISPUTE RESOLUTION
MECHANISMS
3.1. Identifying Sources and Types of Rural Land Related
Dispute
C, ) Special conflicts over common and collective property
• Competing uses/rights on common and collective land
• Illegal/improper uses of common property
• Unauthorized sales of common or collectively owned property
• Disputes over the distribution of revenue from customary land

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 UNIT THREE:
RURAL LAND DISPUTE AND DISPUTE RESOLUTION
MECHANISMS
3.1. Identifying Sources and Types of Rural Land Related
Dispute
D) Special conflicts over state property
• illegal/improper uses of state land
• Competing uses/rights on state property
• Land grabbing by high-ranking public officials
• Illegal sales of state land
• Illegal leases of state land (including concession land, forests,
and mines)
• Disputes over revenues from state land generated through
lease, sale, or transformation of its use.
• Improper land privatization (e.g., unfair land distribution or
titling
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 UNIT THREE:
RURAL LAND DISPUTE AND DISPUTE RESOLUTION
MECHANISMS
3.1. Applying Rural Land Dispute Resolution Mechanisms
The processes of arbitration, litigation, and formal complaint
processes through an ombudsman, are part of dispute
resolution, and therefore they are also part of "conflict
resolution."
Approaches or Modalities to resolve disputes in relation to rural
land may vary across the countries depending on the land tenure
history, culture, and stage of development of a given country
There are three approaches for land dispute resolution
1. formal,
2. informal, or
3. mixed approaches

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 UNIT THREE:
RURAL LAND DISPUTE AND DISPUTE RESOLUTION
MECHANISMS
3.1. Types Of Rural Land Dispute Resolution
Mechanisms
i. Formal Approaches to Rural Land Dispute Resolution
Mechanism
Non-Consensual Land Dispute Resolution Mechanism’ is a state-
based dispute resolution modality which is characterized by the
involvement of third party from the side of the state in the
decision-making process.
One of the prominent formal dispute resolution approaches is
court litigation.
There will also be a winner and loser and this fact unlikely re-
establishes any pre-existing relationship between the parties.

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2. Informal Approaches to Rural Land Dispute Resolution Mechanism
It is alternative to dispute resolution mechanisms of formal adjudication or
litigation.
The ADR and CDR (Customary Dispute Resolution) system can be
categorized under the informal land dispute resolution mechanisms.
Informal land dispute resolution approaches are those conflict resolution
strategies which aims to find compromise acceptable to all parties involved,
and which can best re-establish peace, respect and friendship between the
parties.
• Negotiation,
• facilitation
• Mediation,
• Conciliation
• And
• Arbitration can be categorized under
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iii. Mixed Approaches to Rural Land Dispute Resolution
Mechanism
• both formal and informal dimensions of rural land dispute
resolution machineries serve for the purpose of land dispute
resolution.
• This hybrid nature helps many gains to access to justice since it
makes up for an underdeveloped formal system while offering
a system that is both faster and more flexible than a purely
state system.
• Many countries including Ethiopia have developed systems for
resolving land disputes that combine informal and their formal
institutions.
• In this approach, courts or other administrative organs
intervenes only when the informal dispute resolution
machineries fail to achieve the desired result.
• This mixed approach to land dispute settlement is also
established within the rural LaSu(Abay)
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Approaches to Rural Land Dispute Resolution
Mechanisms in The Rural Land Legislations of Ethiopia
• procl no. 456/2005 under its article 12 states that “where
dispute arises over rural landholding right, effort shall be made
to resolve the dispute through discussion and agreement of the
concerned parties”
• Where the dispute could not be resolved through agreement, it
shall be decided by an “arbitral body” .

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Approaches to Rural Land Dispute Resolution
Mechanisms in The Rural Land Legislations of Ethiopia
• .

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 THANK YOU!!!

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