LAND LAWS
The Course will be delivered by:
Dr. Eng. Shireen Y. Ismael
Land
Land Laws – Dr.Eng. Shireen,2018
LAND LAWS
Course structure:
Part One: Introduction (Main Definitions, What is Land?Why do we need la
Part Two: Historical Background of land laws in Iraq and Kurdistan Region
Part Three: Land administration in different political context
Land Laws – Dr.Eng. Shireen,2018
Land Laws
Course Description
qThe course provides you with detailed knowledge of
property(land and whatever is on/in the land) law concepts and
applications including analysis of estates and interests, conversion
process, tenure, leases, taxation and land market.
qThe course will also examine the procedure of acquisition,
investigating the land title and building permission and the
legislative requirements for the sale of land contracts and
settlement procedures.
Land Laws – Dr.Eng. Shireen,2018
Land Laws
Main Objectives:
On successful completion of this course you will be able to:
q Understand the historical development of land law in the context
q Explain the notion of property(land and building) and apply property law concepts
relating to estates and interests, tenure, Acquisition, conversion, and land lease
q Analyze the Iraqi system of title registration and the effect of registration and the effect
of registration upon the creation and enforcement of interests in registered land.
q Examine the procedure of the conversion and acquisition, the sale and purchase of land
in Iraq and Kurdistan region
q Understand the relationship between the land law and the political system of the country
Land Laws – Dr.Eng. Shireen,2018
HISTORICAL BACKGROUND OF LAND LAW/MANAGEMENT
IN THE CONTEXT
T The
h pict
e ure
Hammurabi Code 1958 Revolution pi Post-Uprising can Waves of Crisis
Dedicate to land Land reform policy c Returnees who fled 't Political conflicts
t be
tenure and stating the rights from Baath Regime between Iraq &
u dis
1810 – 1750 BC
registration and and duties of r came back. Rural pla KRG. Blockade of
the importance of cultivators and e people revived yed revenue transfer to
1958 - 1963
replacing Tribal c back to their KRG. ISIS seizes
1991 - 2005
2014 - 2017
agriculture land for .
Mesopotamian Disputes Code a confiscated lands. control of large
economy. benefiting Iraq’s n' Hierarchal scale of lands. 2
peasant t multiministerial million IDPs influx
Controlling land
b
and sale of private population. The land management. to Duhok. Oil price
e
properties were Agrarian Reform d Large scale of plots and land value
also addressed in Law on large scale is distribution. Urban dropped. Land
2017 and onwards
2005 - 2014
1831 - 1920
1968 - 1991
the code. Ottoman Empire
was implemented. The Ba’ath Regime
p sprawl occurred. Economic Liberalism
institution Post-Referandum
la reforming. Kurdistan Blockade,
Land Socialist ideology
y 2006 Investment
administration reforming land
e on Law shift some Kurdish gov. not able
TAPU constituted large d scale. responsibilities over to process salary ,
of issuance of title Collective . land to local level Less cash availability
deed. Land ownership and land paving way of huge in the market. Clear
classified into allocation to regime incentives for the signs of land center
state, private, supporters was investors. economy appeared.
endowed and applied depriving Legalization of Small percentage of
public. Land policy T the minority to held T informal plots and land revenue to local
was self serving to
reinforce the
2 he title.
Administrative
4 he houses.
lease,
Minimal
taxes,
6 level. Land use
changes become
7
piborders were also p
existing political i registration vs. land more apparent.,
power. c changed.
t c value.
u t
Land Laws – Dr.Eng. Shireen,2018
u
LAND LAWS
To get the most out of this course:
qClass attendance.
qBe on time.
qReview your notes (or take home message at the least)
prior to class and come prepared with questions if something is n
Land Laws – Dr.Eng. Shireen,2018
LAND LAWS
Grading 100%
20% Midterm exam
20% assignments:
writing essays, Discussion with the gov. staffs,
group presentations, attendance and interacti
60% (Final exam)
Land Laws – Dr.Eng. Shireen,2018
Today’s Lecture:
What is Land ? And Why do we need land laws and mana
Land Laws – Dr.Eng. Shireen,2018
Today’s Lecture:
What does Land mean to you?
Land Laws – Dr.Eng. Shireen,2018
What does Land mean to you?
qLand is a storehouse of minerals & raw materials for human
use.
qLand is an object of agricultural & industrial use on which food,
fuel & biotic materials can be produced & fabrics & commercial
centers be constructed (production factor).
qLand provides space for settlements, social & technical
infrastructure & recreation.
qLand is a buffer or filter for chemical pollutants & a source & a
sink for greenhouse gases.
qLand provides surface & ground water.
qLand provides habitats for plants, animals & micro-organisms.
Source: (FAO/UNEP 1999 complemented
Land Laws – Dr.Eng. Shireen,2018
What does Land mean to you?
qLand is a basis for livelihood & security (a place to stay).
qLand is homeland for families/households/clans & a
base of social identity.
qLand is a place of ancestry and has a spiritual/religious
significance.
qLand is a storage of evidence from the historical or pre-
historical record (fossils, evidence of past climate,
archaeological remains, etc.).
qLand is seen as a prerequisite to realize individual
freedom.
qLand is object of investment.
qLand is an object to be taxed.
Land Laws – Dr.Eng. Shireen,2018
What does Land mean to you?
Land is an asset (natural recourse), includes
anything:
1- on the ground (such as building, tress, water,...)
2- above the ground (air and space)
3- under the ground (mineral) down to the centre of
the Erath.
qPeople have needs that must be satisfied. Such as
housing; jobs; education; opportunities for
recreation; transport; and basic services like water,
electricity, clean air and health care.
Land Laws – Dr.Eng. Shireen,2018
What does Land mean to you?
Similarly, economic decisions to
focus on tourism, manufacturing
industry or agricultural development
as the basis of the country’s
economic development must be
translated into land-use terms.
ALL THESE NEEDS, NEED A PLACE TO
BE REALIZED
Land Laws – Dr.Eng. Shireen,2018
Why we need Land Laws and management?
qThe demands for land increases over time while its
supply is fixed (can not be increased) therefore, it
becomes increasingly scarce.
qLand has different functions that can change over
time, its usage can be switched from a less to a more
profitable one.
Land Laws – Dr.Eng. Shireen,2018
Why we need Land Laws and management?
In some periods this change takes place more
slowly, whereas in others – for example, at times of
industrialisation, land reform, transformation, a
financial market crisis or a global scarcity of fertile
land and/or water – the pace of change is faster.
qSome areas of land are more suitable for some
types of activities than others and some activities
have negative impacts on the land and/or
environments.
Land Laws – Dr.Eng. Shireen,2018
Why we need Land Laws and management?
qThese different functions that can also overlap need to
be considered when defining land uses, some functions
eliminate each other while others require other functions.
Example:
If land is used to extract minerals or raw materials,
biological habitats are generally destroyed.
If land is used for agricultural, industrial or commercial
use, additional land is needed for road infrastructure etc.
Land Laws – Dr.Eng. Shireen,2018
Why we need Land Laws and management?
Different people may prefer different functions
and consider the role of land differently.
qLand use conflicts occur frequently as a result of
the competition between land use interests with
various economic, social and ecological aims.
Source: Pratap Narain, FAO
(http://www.fao.org/fileadmin/templates/ess/doc
uments/meetings_and_workshops/ICAS5/PDF/ICA
SV_4.2_031_PPT_Narain.pdf)
Land Laws – Dr.Eng. Shireen,2018
Why we need Land Laws and management?
For sure you have thought in these examples:
q Projects/buildings that do not have the necessary facilities (car
parking, sewage treatment plant) or infrastructure (access
roads, drainage, water supply) to support it
q Inappropriate or poorly sited development which should not be
located where it is .
q Buildings that are structurally weak & are easily damaged
during hurricanes, earthquakes or other disaster events.
q Development projects which have serious negative impacts on
the country’s sensitive environment, or the cultural values
Land Laws – Dr.Eng. Shireen,2018
Land Laws
q land means the actual land (i.e. soil, ground and earth) plus any
buildings on the land, fixtures attached to the land, mines,
minerals and some airspace
qLand law, is the set of rules that govern the land and anything
attached to it ( such as trees or buildings
https://www.allaboutlaw.co.uk/stage/study-help/land-law-legal-definition-of-land, or anything in it, e.g. treasure or oil.
q Land law is the form of law that deals with
the rights to use, alienate, or exclude others
from land. In many jurisdictions, these
kinds of property are referred to as real
estate or real property, as distinct from
Land Laws – Dr.Eng. Shireen,2018
Types of Laws
Right to own --------------------------------- Ownership law
Right to inherit ------------------------------ Inheriting law
Right to use --------------------------------- Land use Law
Right to sell and buy ------------------------ Land sell and buy law
Right to divide and subdivide ------------ Land division law and sta
Right to plan for land-------------------------Master plan law
Land Laws – Dr.Eng. Shireen,2018
The Role of the Legal context?
legal context provides the justification for undertaking land use
planning and sets out the powers and duties of the agency responsible
for the planning function - the Development Control Authority.
The legislation also sets out the procedures to be followed, the
conditions under which they may be carried out and the matters to be
covered in executing both the development planning and development
control functions.
The law also makes provision for revising and changing land-use
plans and policies to ensure that they are always current and relevant
to the country’s development needs.
The law also provides for remedies for those persons affected by planning
and development decisions/activities and penalties for those who fail to
comply with the provisions of the legislation.
Land Laws – Dr.Eng. Shireen,2018
First assignment:
Writing an essay consisting of about 500
words 9. Land transition
10. Land taxation
1. Land right 11.Land lease
2. Land registration 12. Subdivision of land
3. Land ownership 13.Land administration
4. Land tenure 14.Land conflicts
5. Land use 15.Land consumption
6. Land cover 16.Land demand and supply
7. Border(plot, block, neighborhood, district, 17. Land policy
city, region,,) 18. Formal and Informal use of
8. Land value and land market land
Land Laws – Dr.Eng. Shireen,2018
