Uganda`s 1995 Constitution upholds equality between men and women, including land acquisition and ownership. [15] However, research by Women`s Land Link Africa shows that women remain excluded from land ownership due to deep-rooted customs and cultural habits. [16] Even though women save enough money to buy land, the land is signed in their husband`s name, while women sign as witnesses. [16] Inheritance practices are a particular barrier that also reduces women`s empowerment. Land is transmitted by male ancestry, which reinforces the exclusion of women from land ownership. [17] Another disadvantage of equality that Women`s Land Link Africa points out is that women are not sufficiently aware of the rights they have under the law to own land. [16] Rural and illiterate women do not even have access to the new constitution that guarantees them land rights. Land rights are an integral part of land laws because they socially enforce the right of groups of individuals to own land in accordance with a nation`s land laws. Land law deals with legal mandates established by a country with respect to land ownership, while land rights refer to the social acceptance of land ownership. Landesa argues that while the law may advocate equal access to land, land rights in some countries and cultures can impede a group`s right to actually own land.
[2] Laws are important, but they must be supported by cultural tradition and social acceptance. Therefore, a country`s land ownership and land rights laws must coincide. Bina Agarwal argues that land ownership significantly reduces the likelihood of domestic violence against Indian women. [10] Ownership of property elevates women to a higher status within the household, allowing for greater equality and bargaining power. In addition, owning property separated from their husbands gave women the opportunity to escape abusive relationships. [10] Agarwal concluded that the prospect of safe shelter outside the primary household reduces the longevity of family violence. [10] Indigenous land rights are recognized by international law as well as by the national legal systems of common law and civil law countries. In common law jurisdictions, the land rights of Indigenous peoples are called Indigenous title.
In customary jurisdictions, common land is the predominant form of land ownership. Land contracts are often financed by sellers. However, in some cases, a borrower may seek traditional bank financing for a land contract. A borrower who wants to build on land may want to finance the property with a bank loan. The terms of a loan for land usually include a higher interest rate and are usually based on a shorter term. Land loans are also often structured with a lump sum payment and not with regular instalment payments. Often, builders who receive a loan for land refinancing or repay the loan with a takeaway loan once the property is built and a greater collateral value is established. Except as otherwise provided in this Agreement, the net profits of the Property will be divided and distributed on a pro rata basis to the parties in accordance with their respective interests. All losses and liabilities arising in the course of business activities shall be borne and settled by the parties in the same proportion. Another problem with land rights in India is that they make women completely dependent on the lives of their husbands.
A study by Bina Agarwal found that in West Bengal, wealthy families become destitute when the male head of household dies, as women are not allowed to take over their husband`s land. [9] Also because of cultural tradition, the higher the status of women, the less likely they are to have developed skills that would be useful in finding employment. [9] These women are forced to beg for food and shelter after their husbands` deaths because they have not been allowed to gain work experience. [9] In many parts of the world, women have access to land to cultivate and cultivate the land; However, there are traditions and cultural norms that prevent women from inheriting or buying land. [7] [11] This places women in a dependency on their husbands, brothers or fathers for their livelihood and housing. [9] In the event of illness, domestic violence or death in the family, women would be landless and unable to grow grain for food or rent land for profit. Land ownership for women is a crucial form of security and income that increases empowerment and reduces poverty. Although land rights are essential to achieving a higher standard of living, certain groups of individuals are systematically excluded from land ownership regulations. The law may allow access to land, but cultural barriers and poverty traps limit the ability of minority groups to own land.
[7] To achieve equality, these groups must be granted adequate land rights that are recognized both socially and legally. .