11.  SOCIO-ECONOMIC ISSUES IN AGROFORESTRY

11.2 Tenure

Land tenure issues In agroforestry

Land tenure refers to the possession or holding of the many rights associated with each parcel of land. Ownership or user rights are not static. Such rights can be subdivided or transferred by the holder. Also the different kinds of right to a certain piece of land may not be held by the same person. An example of such a situation is farm land which is cultivated and "owned" by an individual family but communally grazed after the harvest. In such cases, communal grazing may be regarded as a right that the neighbours have to the land in spite of formal individual ownership.

Insecurity of tenure or unclear rights to land are strong disincentives to all forms of long-term investment, e.g. tree growing. Where tenure is based on communal rights, any initiative such as tree planting requires a communal decision, which may not always be easy to obtain. On the other hand, communal tenure also often involves restrictions on land use, e.g. cutting of trees, which are recognized and observed by all members of the community. Communal tenure is common in the pastoral areas of Kenya.

In many communities, tree planting is looked upon as a move to demarcate and indicate that a certain piece of land belongs to the person planting the trees. This tradition further reinforces the unwillingness to plant trees in areas where sub-division of large farms is being carried out. It is not only that it is unattractive to invest in tree planting if you are not sure of getting the benefits of the investment, but it may also be unacceptable to plant trees on land which has not legally been confirmed as belonging to the user.

Tree tenure

Tree tenure refers to the right of owning and using trees. Components of tree tenure include the right to own and inherit trees, the right to plant trees, the right to use trees and the right to cut down and sell trees.

Figure 11.1 The rights to the use of land and the trees that grow on it are not necessarily held by the same person

Land and tree tenure do not always correspond. A certain person or group may well be recognized as having the right to cultivate or graze a piece of land, but this does not automatically give the same person or group full rights to use the trees on that piece of land. In this respect, traditional systems vary a lot from one community to another. As a general rule the systems with regard to both tree and land tenure are more complex and more community based among pastoralists than among farmers in high-potential areas where tenure is often almost exclusively individual.

A factor that greatly complicates user rights to trees in high-potential areas is the regulations introduced by the state (see Section 11.5). Permits are required in many areas if a farmer wishes to sell or fell trees. Such demands for permits have been based on application of the Chief's Act.

Figure 11.2 Secure ownership and rights to use trees are strong incentives to increased tree growing by farmers

Tree and land tenure are often complicated at the coast. The land and the coconut trees are often owned by people who do not live in the area. Sometimes, squatters grow annual crops under the coconut trees, but the owner comes to harvest and sell coconuts at harvest time. In other cases, squatters may plant coconut trees on land that does not belong to them. Eventually, when the owner of the land wants to use the land himself he is required to compensate the squatters for the coconut trees. Traditionally, one person who plants coconuts can retain the ownership of the coconut trees even if he sells the land and moves to another place. A new land owner would not harvest the coconuts but would wait for the owner of the trees to do so. Nowadays buyers of land are encouraged to buy the coconut trees as well so that both trees and land belong to the same person.¹

Footnote__________

1 F.W. Mbote, Ministry of Agriculture, pers. comm.