Legal and Institutional Frameworks for Urban Landholding Registration: A Case Study of Addis Ababa
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Date
2017-06
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Addis Ababa,University
Abstract
Nowadays, ongoing urbanization along with an increase in population has created a huge
demand for urban land for different uses including residential, greenery, infrastructure, business
and social services. This trend applies to Ethiopia as well as the city of Addis Ababa. However,
there is a problem in identifying who holds what land, where, what size, which land is
government and which one belongs to a private person. These problems hamper the efficiency of
service delivery, planning and decision making. Land registration is considered to contribute to
the solution of such problems.
In the contemporary situation of Ethiopia, in 2011 Government has adopted the Urban Land
Development Management Policy, which have paved ways for the issuance of the Urban
Landholding Registration Proclamation No .818/2014.This research is about legal and
institutional framework for urban landholding registration in the case of Addis Ababa. The
research argues that there are legal, practical and institutional problems in the implementation of
urban land registration law in the city of Addis Ababa.
The findings of the study revealed that, the existence of burdensome provisions which impose a
mandatory obligation on a person to file twice application (for adjudication and registration) and
for having a provision that punishes a person who has made the right application at the right time
due to the failure of other joint holder to submit the application for registration within the time
specified by law, the silence of law towards the issue as to what procedure to be followed to
adjudicate and register land parcels owned by embassies and international organization, and what
the fate of such parcels where transfer of title has occurred in conflict with the law are the legal
problems identified by the research. Besides, weak public participation, lack of public awareness
about the process of land registration, poor cooperation between land registry institution, nonestablishment
of a security fund that will be used for the payment of damage caused to third
parties and failure to deliver updated reliable information to clients using the current digital
registration system are some of key identified practical and institutional problems identified and
analyzed under the research. Finally, based on the findings of the study recommendations are
forwarded.
In conducting the study, multiple methods were deployed including a desk review of primary and
secondary materials, in depth interviews and FGD discussions with concerned experts, officials,
surveyors and lawyers from AACGLRIA and Ministry of Urban Development and Housing
(MoUDH).
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Keywords
Legal and Institutional Frameworks for Urban Landholding