Social and Economic Impacts of Land Titling Programmes in Urban and Peri-Urban Areas: a Review of the Literature

Social and economic impacts of land titling programmes in urban and peri-urban areas: A review of the literature Prepared by: Alain Durand-Lasserve, Edesio Fernandes, Geoffrey Payne and Carole Rakodi March 2007 Preface During the World Bank 2005 Urban Research Symposium, several participants expressed the view that although increasing interest was being expressed on the subject of land titling and the formalisation of land tenure systems as a means of reducing urban poverty, the empirical evidence for such policies was inadequate. Subsequent discussions resulted in the formation of an email discussion forum (based at [email protected]) to encourage the exchange of information and ideas on land titling. The response to this encouraged the present authors to draft a proposal to undertake an independent and objective impact assessment of the social and economic outcomes of land titling programmes in urban and peri-urban areas. A three stage proposal was developed, of which Stage 1 involves a desk review of the literature and Stage 2 involves case studies of selected case studies in different countries, together with a synthesis comparing the outcomes and drawing conclusions to inform tenure policy for international donors and national governments. An Advisory Group, consisting of leading professionals involved in issues relating to urban land tenure and titling programmes was formed to advise the project team. Thanks to funding from the Government of Norway, Stage 1 of the project, consisting of this desk review of literature, was launched at the World Urban Forum conference in Vancouver, Canada in June 2006. Since then, materials have been exchanged between team members and a draft report was presented at an international workshop held at Charney Manor, Oxfordshire UK in December 2006. The review was revised and updated following feedback from a number of colleagues and discussions at the workshop. If funding is obtained, it is hoped to commission local professionals to undertake empirical assessments of selected titling programmes during 2007. This will enable the project to contribute to the ongoing work programme of the Commission on Legal Empowerment of the Poor, the UN-Habitat Global Land Tools Network and other initiatives being implemented as part of the global effort to achieve and surpass the objectives of the Millennium Development Goals in improving living conditions for the urban poor and reducing future slum formation. The authors are conscious that this review is not completely comprehensive and that there are a number of documents which we have overlooked. Nonetheless, we have collected, collated and reviewed a large number of references which we hope will inform discussion on this important policy option and contribute both to debate and policy formulation. We welcome comments on the review and also additional materials, so that the database can serve as a resource for others. Please send comments or materials to Geoffrey Payne at GPA, 34 Inglis Road, Ealing Common, London W5 3RL or [email protected] Disclaimer The Government of Norway Ministry of Foreign Affairs bears no responsibility for, and is not in any way committed to, the views and recommendations expressed in this report. All views are those of the contributors and those whose reports are cited. Acknowledgements The authors acknowledge with gratitude the financial support provided by the Ministry of Foreign Affairs, Government of Norway, in the preparation of this review. We are indebted to many colleagues for providing or suggesting references, commenting on drafts and offering advice at various stages in the preparation of this review. Whilst the full list is too numerous to mention, we particularly thank Berit Aasen, Cate Ambrose, Schlomo Angel, Christine Auclair, Antonio Azuela, Solomon Benjamin,Jean-Claude Bolay, Somsook Boonyabancha, John Bruce, Angelika Brustinow, Robert Buckley, Tony Burns, William Cobbett, Joseph Comby, Rafael Soares Gonçalves, Kate Dalrymple, Helge Onsrud, Eric Deni, Klaus Deininger, Catherine Farvacque, Alan Gilbert, Cynthia Goytia, Andy Hilton, Robert Home, Marie Huchzermeyer, Paul Jenkins, Wilbard Kombe, Philippe Lavigne Delville, Scott Leckie, Francoise Lieberherr, Claudia Lopez, Eduardo Lopez-Moreno, Ana Lourdes Vega, Patrick McAuslan, Alan Mabin, Emmanuel Nkurunziza, Robin Palmer, Rasmus Precht, Julian Quan, Robin Rajack, Vincent Renard, Gustavo Riofrio, Sonia Roitman, Lauren Royston, David Satterthwaite, Marion Sejourné, Harris Selod, David Sims, Jon-Andreas Solberg, David Stanfield, Peter Swan, Farouk Tebbal, Camilla Toulmin, Jonas Tumsifu Nnkya, Andres Velez-Guerra, Jean-François Tribillon, Babette Wehrmann, Ulrik Westman. The review also benefited from the comments made by the participants in the World Bank workshop on ‘Land Policies & Legal Empowerment of the Poor’, Washington, November 2-3 2006. 2 CONTENTS Section Page 1. BACKGROUND OF THE PROJECT 1 1.1. Tenure and development 1 1.2. Tenure policy and the emerging debate 2 1.3 Availability of evidence on the outcomes of titling programmes 9 2. OBJECTIVES AND SCOPE OF THE PROJECT 11 2.1 Project objectives 11 2.2 Desk review objectives 11 2.3 Focus and scope 12 2.4 Methodological issues 14 2.5 Sources used in the desk review 15 3. CASES REVIEWED 17 4. KEY FINDINGS OF THE DESK REVIEW 20 4.1 Social impacts of titling 21 4.1.1 Increasing security of tenure 21 4.1.2 Social status and integration, inclusiveness 26 4.1.3 Gender 27 4.1.4 Health and Education and Fertility 30 4.1.5 Residential mobility, gentrification and spatial integration 31 4.2 Economic impacts of titling 32 4.2.1. Investment in housing/property 33 4.2.2 Property values and costs of access 37 4.2.3 Access to (mortgage) credit 39 4.2.4 Household incomes, employment and labour mobility 45 4.2.5 Costs of titling 47 4.2.6 Tax revenues 49 4.3 Building and environmental impacts of titling 50 4.3.1 Provision of, and access to, urban infrastructures and services 50 4.4 Administrative, institutional, legal and political impacts 51 4.4.1 Administrative impacts 51 4.4.2 Institutional impacts 53 4.4.3 Legal impacts 54 4.4.4 Political impacts 55 4.4.5 Generating public support 56 5. CONCLUSIONS AND ISSUES FOR FURTHER ANALYSIS 58 5.1 Constraints encountered in implementing land titling programmes 58 5.1.1 Economic constraints 58 5.1.2 Administrative and institutional constraints 59 5.1.3 Legal constraints 59 5.1.4 Political constraints 60 5.1.5 Environmental constraints 60 5.2 Addressing constraints to implementing land titling programmes 60 5.3 Issues for further analysis 63 Contact persons 66 Web-links 66 Bibliography 68 2 1. BACKGROUND OF THE PROJECT 1.1 Tenure and development Despite decades of slum upgrading programmes by governments and the international community, UN–Habitat (2006:x) estimates that there were 998 million people living in slums worldwide in 2006 and that, without significant intervention to improve access to water, sanitation, secure tenure and adequate housing, this number could grow to 1.5 billion by 2020. Another UN estimate (United Nations 2003:25) indicates that the total could even increase to 2 billion by 2030 if no firm and concrete action is taken. The population increase in slums is faster than the population increase in urban areas. Hence, the proportion of urban households without formal tenure security is expected to increase in the decades to come. In the majority of cities in developing countries “the worsening state of access to shelter and security of tenure results in severe overcrowding, homelessness, and environmental health problems” (Lopez Moreno, 2003:10). Tenure is increasingly identified as a key issue in managing the growth of urban areas and reducing urban poverty. In May 1999, UN-Habitat launched its Global Campaign for Secure Tenure to address the need to increase protection from forced evictions and promote longer terms options for secure tenure1. Similarly, the Millennium Development Goals established in 20002 emphasise the impacts of insecure tenure and its links with poverty and poverty reduction. “Insecure tenure has multiple ramifications for poverty. Legal tenure at the settlement levels is often a prerequisite for the provision of basic services. Without security of tenure, newly serviced settlements are vulnerable to market pressure. Lack of tenure hinders most attempts to improve shelter conditions for the urban poor, undermines long- term planning and distorts prices for land and services. It has a direct impact on investment at the settlement level and reinforces poverty and social exclusion… from the point of view of governments, insecure tenure also has a negative impact on local taxation and on property and economic activities. Cost recovery for services and infrastructures is also difficult or impossible without proper identification of beneficiaries. For all these reasons, ensuring security of tenure is an effective tool for alleviating poverty in slums” (Sclar and Garau, 2003:57). The World Bank has also recognised the importance of secure tenure in promoting economic development and reducing poverty in both rural and urban areas. The Bank organised a series of regional conferences on land and tenure issues in 2002 in order to establish the basis for appropriate land tenure policies. At the same time, the governments of Australia, Germany, Norway, Sweden, the USA and other countries increased funding and 1 Benschop (2003:1) notes that “various definitions of secure tenure exist, but the most recent definition that was agreed upon during the Expert Group Meeting on Urban Indicators in October 2002, is: “the right of all individuals and groups to effective protection by the state against forced evictions”. Under international law, ‘forced eviction’ is defined as: ‘the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate form of legal or other protection.

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