2. Course code: GES 5107
Course Title: Land Use, Policy and Management
By
S. M. Zahid Hasan
ID No: 021411010
Reg No: 000001591
Session: 2014-15
M.Sc. (1st Semester)
Department of Geography and Environmetnal Science
Begum Rokeya University. Rangpur
3. Aim and Objectives
Introduction
Modes of Ownership and Tenure
Ownership Rights
Importance of Land Ownership Registration
Historical Root of Land Ownership
Land Ownership Pattern of Bangladesh
Land Tenancy System of Bangladesh
Record System of Land Ownership of Bangladesh
Conclusion
References
4. Aims and Objectives
• To find out the past history of land use pattern and land tenure
of Bangladesh.
• To compare past land use pattern with the present land use
pattern of Bangladesh.
• To know the present land use pattern recoding system of
Bangladesh.
6. Land is the solid surface of the earth that is not permanently covers by water.
It is one of the important element of the environment for both human,
animal and plant. The majority of human activity throughout the history has
occurred in land areas that support agriculture. Habitat and various natural
resources.
Land use involves the management and modification of natural environment
or wilderness into built environment such as settlements and semi-natural
habitats such as arable fields, pastures, and managed woods.
The pattern of holding land by owner of an area is known as land ownership
pattern of that area.
In common law systems, land tenure is the legal regime in which land is
owned by an individual, who is said to "hold" the land.
Introduction
7. • Traditional Land Tenure: For example, most of the indigenous nations or tribes of North
America had differing notions of land ownership. Whereas European land ownership
centered around control, Indigenous notions were based on stewardship. When
Europeans first came to North America, they sometimes disregarded traditional land
tenure and simply seized land, or they accommodated traditional land tenure by
recognizing it as aboriginal title. This theory formed the basis for treaties with indigenous
peoples.
• Allodial Title: a system in which real property is owned absolutely free and clear of any
superior landlord or sovereign. True allodial title is rare, with most property ownership in
the common law world (Australia, Canada, Ireland, New Zealand, United Kingdom, United
States) being in fee simple. Allodial title is inalienable, in that it may be conveyed, devised,
gifted, or mortgaged by the owner, but it may not be distressed and restrained for
collection of taxes or private debts, or condemned (eminent domain) by the government.
Modes of Ownership and Tenure
8. • Feudal land tenure: a system of mutual obligations under which a royal or noble
personage granted a fiefdom — some degree of interest in the use or revenues of a given
parcel of land — in exchange for a claim on services such as military service or simply
maintenance of the land in which the lord continued to have an interest. This pattern
obtained from the level of high nobility as vassals of a monarch down to lesser nobility
whose only vassals were their serfs.
• Fee simple: Under common law, this is the most complete ownership interest one can
have in real property, other than the rare Allodial title. The holder can typically freely sell
or otherwise transfer that interest or use it to secure a mortgage loan. This picture of
"complete ownership" is, of course, complicated by the obligation in most places to pay a
property tax and by the fact that if the land is mortgaged, there will be a claim on it in the
form of a lien. In modern societies, this is the most common form of land ownership. Land
can also be owned by more than one party and there are various concurrent estate rules.
Modes of Ownership and Tenure
9. • Waada Al Yad: Ownership of land by swearing to make productive use of it. In several
developing countries as Egypt, Senegal, ... this method is still presently in use. In Senegal,
it is mentioned as "mise en valeur des zones du terroir“.
• Native title: In Australia, native title is a common law concept that recognizes that some
indigenous people have certain land rights that derive from their traditional laws and
customs. Native title can co-exist with non-indigenous proprietary rights and in some
cases different indigenous groups can exercise their native title over the same land.
• Life estate: Under common law, this is an interest in real property that ends at death. The
holder has the use of the land for life, but typically no ability to transfer that interest or to
use it to secure a mortgage loan.
• Fee tail: Under common law, this is hereditary, non-transferable ownership of real
property. A similar concept, the legitime, exists in civil and Roman law; the legitime limits
the extent to which one may disinherit an heir.
Modes of Ownership and Tenure
10. • Leasehold or rental: Under both common law and civil law, land may be leased or rented
by its owner to another party; a wide range of arrangements are possible, ranging from
very short terms to the 99-year leases common in the United Kingdom, and allowing
various degrees of freedom in the use of the property.
• Rights to use a common: which may include such rights as the use of a road or the right to
graze one's animals on commonly owned land.
• Sharecropping: under which one has use of agricultural land owned by another person in
exchange for a share of the resulting crop or livestock.
• Easements: which allow one to make certain specific uses of land that is owned by
someone else. The most classic easement is right-of-way, but it could also include (for
example) the right to run an electrical power line across someone else's land.
Modes of Ownership and Tenure
11. Ownership Rights
Ownership
rights
Exclude others
from using
Irreversibly
Change
Sell, Give away or
bequeath
Rent or leaseUse (or not Use)
Retail all rights not
specifically granted
to others
Retain these rights
without time limit
or review
12. Importance of Land Ownership
Registration
• The title register constitutes the evidence of title and replaces proof of ownership by
historic deeds and documents. If your land is registered, future dealings relating to it are
quicker and more efficient because you have eliminated the requirement for the, often
substantial, bundle of pre-registration deeds and documents to be considered.
• Registration is conclusive as to the ownership of the land and provides a state backed
guarantee of the title
• It provides greater protection against a claim for adverse possession of land by an
unauthorised occupier. This is due to the differing requirements for a successful claim in
relation to registered land compared to unregistered land
• The register provides a clearer picture of the legal state of the land by setting out the
rights and covenants which benefit or burden the title in question.
14. Land Ownership Pattern of Bangladesh
Vadic Era
King Dyanasty
Mughal Period
British Period
Present Condition
Figure: Land ownership during Mughal period
15. Land Ownership Pattern of Bangladesh
Ownership
(Hectare)
1960 1984 2000
% of HHs % of
Land
% of HHs % of
Land
% of
HHs
% of
Land
Landless (0-0.19) 19 1 46.3 3.1 56 4.9
Marginal (0.2-0.9) 38 15 33.6 26.2 30.7 36.5
Medium (1-2.9) 33 47 16.3 44.9 11.2 41.3
Large (3+) 10 37 3.8 25.8 2.1 17.3
Total 100 100 100 100 100 100
Source: BBS, 2001
Table: Landownership Structure of Bangladesh (1960–2000)
16. Land Tenancy System of Bangladesh
Land tenancy
system of
Bangladesh
Rent
Deed
LeaseDonation
Generation
17. Record System of Land Ownership of
Bangladesh
In Bangladesh there use a landownership record system called ‘Khatiyan” which is a Persian
word.
Khatiyan: one kind of document for identifying land, documents prepared through survey for
the purpose of determining possession, ownership and assessing land development Tax (LTD)
is known as khatiyan. It is also known as record of rigths, sottolipi or Porcha. This is only
record of rights but this is not a deed of ownership.
Content of Khatiyan:
• Rule, Tenancy Rules,
• Plot No. ---partial or complete.
• Name, father’s name, address of the owner or owners.
• Portion of a owner, total amount of land, class and nature of land, location,
easement right, amount of Land Development Tax payable, mode of paying tax,
rights and obligations of the tenants, rent free status etc.
18. Record System of Land Ownership of
Bangladesh
Classification of Khatiyan:
Khatiyan
Mutation
Khatiyan
Survey Khatiyan
RS Khatiyan SA KhatiyanCS Khatiyan BS Khatiyan
19. Land ownership is not a modern concept. It is a primitive concept.
In modern days it is developed. land ownership pattern was in the
previous in community base, state base but nowadays is individual
base. Due to lack of proper system of record there is a conflict
between human-human for ownership of land in Bangladesh
nowadays has records of land ownership though there is conflict
for land. Govt. should take proper steps to maintain proper land
ownership pattern and do proper survey for right of land
ownership.
Conclusion
20. • Robert G. 2011. The Idea of owning Land. Retrieved April 22, from
http://www.context.org/iclib/ic08/gilman1/
• BBS.2005.Agriculture Census Survey 2005, Bangladesh Bureau of Statistics, Planning
Division, Ministry of Planning, Government of People’s Republic of Bangladesh, Dhaka.
• BBS.2008.Agriculture Census Survey 2008, Bangladesh Bureau of Statistics, Planning
Division, Ministry of Planning, Government of People’s Republic of Bangladesh, Dhaka.
• Ministry of Land.2017. what is khatiyan. Retrieved from
http://www.minland.gov.bd/site/page/c14f084e-8974-4255-8183-
bae66d436ebb/%E0%A6%96%E0%A6%A4%E0%A6%BF%E0%A7%9F%E0%A6%BE%E0%A
6%A8---%E0%A6%AA%E0%A6%B0%E0%A7%8D%E0%A6%9A%E0%A6%BE
• Kumar R. Historical Analysis of Land Ownership. Retrieved April 23, 2017 from
http://www.mkgandhi.org/vinoba/anasakti/rajeshkumar.htm
References
