CERTIFICATION OVER CERTIFICATION AS URBAN LAND TENURE CHALLENGE: THE CASE OF HADIYYA ZONE

Abstract

Given the lack of a formal urban registration system in Ethiopia, registration and certification in urban centers are normally linked to the provision of land for new holdings or transfer of use rights for existing landholdings. It also relates to regularization process of informal settlements and current pilot works on urban land re-registration towards securing urban land rights. The purpose of registration and certification in urban land administration is aimed at securing urban lands for the landholders because secured tenure is a precondition to reap all the benefits accrued from urban land rights. In relation to registration of urban lands, this research considers COC as one of the major challenge of good urban land governance. COC is a scenario in which the same urban plots are entitled and certified for more than one person. In answering the research questions, the thesis involved a combination of doctrinal legal research and largely supported by qualitative data. To this end, the findings of this study uncovered hosts of problems such as; legal double or multiple allocations through earlier permit systems, issuance of forged receipts or titles and concluding illegal oral contracts. Further, regularization process of illegal settlements and existence of informal legal settlements without due documentation and serious corruption in urban land sector are also among the hosts. As a result, urban landholdings are insecure which has compromised all synergy of lease/use rights of the holders. Thus, some are beneficiaries and some others like vulnerable persons are victims. In a nutshell, this study identified that the urban land- to-landholders relationship is in a vicious circle and hence, COC is one of the manifestations of weak urban land administration.It recommends the enhancement of good governance in urban land administration and unreserved political commitment thereof towards ensuring secure urban land lease/use rights.