Tenure Security of Old Possessions and its Challenges under Urban Land Lease Holding Proclamation No 721/2011
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Date
2019-02
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Addis Ababa University
Abstract
The aim of this paper is to critically review the limitations and implications of the lease
holding proclamation No 721/2011 on urban land lease holders as a general and on old
possessor’s as a particular with regard to the tenure security of the land holders through
discussing the lease holding proclamations and related materials. The methodology
employed here is doctrinal or legal analysis and may also conduct an interview with the
relevant organ.
In this study what revealed is that the land holders are encountered land tenure insecurity
due to poor real property registrations especially on old possession, restrictive rules on land
holding, and frequent change of urban plan, unchallengeable administrative power in front of
an independent institutions or court and lack of effective legal protections to secure the land
holders. Tenure security is the cumulative elements of objective and subjective tenure
security. The objective element of tenure security refers to the existence of an effective legal
protection against eviction or arbitrary curtailment of land rights. The subjective element
refers to the perception factor that landholders have sufficient confidence that they will not
be arbitrarily deprived of their rights over their land. so the writer tries to assess the tenure
security of new urban land holding proclamation NO 721/2011 in general and the tenure
security of old possessions of urban tenure with in light of the above elements of tenure
security(objective and subjective tenure security). When we see these elements with the
tenure security of old possessions the new urban land holding proclamation affects the tenure
security of old possessions regarding the limitations of lease period, compensations, Size of
plot of land for replacement of the previous holding, and expropriations are the main issues
for the tenure insecurity of the permit holding
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Keywords
Urban Land,Proclamation No 721/2011