Legal and Institutional Frameworks for Urban Landholding Registration: A Case Study of Addis Ababa

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Addis Ababa,University


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).



Legal and Institutional Frameworks for Urban Landholding