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Customary Land titling and inter-generational wealth transfer in Malawi: Will secondary Land rights holders maintain their Land rights?

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  • Zuka, Sane Pashane

Abstract

Malawi promulgated Customary Land Act, 2016, as a step towards achieving triple objectives of land tenure security, efficient land-use and improved land market. Customary land, however, consists of multiple and competing land rights. Mobilizing the concept of intergenerational wealth transfer, this paper explores the extent to which secondary land rights are going to be preserved within the new law. The paper explores three questions namely: what provisions has the new law provided for registration of secondary land rights? How is the new law shaping motivations for registration of secondary land rights? What are the likely outcomes of the new law on land tenure security of secondary land rights? Employing mixed research methodology, the study findings demonstrate that the assumption that land titling will protect secondary land rights is grossly misplaced. Instead, land insecurity among secondary land rights holders may become more visible and worse than before. This is largely so because the new law has failed to respond to the lineal logic of customary land rights embedded in lineal kinship.

Suggested Citation

  • Zuka, Sane Pashane, 2019. "Customary Land titling and inter-generational wealth transfer in Malawi: Will secondary Land rights holders maintain their Land rights?," Land Use Policy, Elsevier, vol. 81(C), pages 680-688.
    • Handle: RePEc:eee:lauspo:v:81:y:2019:i:c:p:680-688
    DOI: 10.1016/j.landusepol.2018.11.039
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    References listed on IDEAS

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    Cited by:

    1. Yuh-Jin Bae, 2021. "Analyzing the Changes of the Meaning of Customary Land in the Context of Land Grabbing in Malawi," Land, MDPI, vol. 10(8), pages 1-21, August.
    2. Haiyang Shang & Ying Kou & Fang Su & Nini Song & Shuxin Mao, 2021. "The Policy Effect, Spatial Heterogeneity, and Spillover Effect of Land System Pilots," Sustainability, MDPI, vol. 13(21), pages 1-19, October.
    3. Jianying Wang & Yumei Xu & Lilin Zou & Ying Wang, 2021. "Does Culture Affect Farmer Willingness to Transfer Rural Land? Evidence from Southern Fujian, China," Land, MDPI, vol. 10(6), pages 1-19, June.
    4. James Natia Adam & Timothy Adams & Jean-David Gerber, 2021. "The Politics of Decentralization: Competition in Land Administration and Management in Ghana," Land, MDPI, vol. 10(9), pages 1-19, September.
    5. Chikaya-Banda, Janet & Chilonga, Davie, 2021. "Key challenges to advancing land tenure security through land governance in Malawi: Impact of land reform processes on implementation efforts," Land Use Policy, Elsevier, vol. 110(C).
    6. García-Morán, Ana & Yates, Julian S., 2022. "In between rights and power: Women’s land rights and the gendered politics of land ownership, use, and management in Mexican ejidos," World Development, Elsevier, vol. 152(C).

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