Land tenure, disasters and vulnerability

Abstract

Although often overlooked, land tenure is an important variable impacting on vulnerability to disaster. Vulnerability can occur either where land tenure is perceived to be insecure, or where insecure tenure results in the loss of land, especially when alternative livelihood and housing options are limited. Disasters often provide the catalyst for such loss. This paper avoids making generalisations about the security of particular types of tenure, but instead explores factors that mediate tenure security, particularly in the wake of a disaster. The paper identifies five mediating factors: (1) the local legal system; (2) government administrative authority; (3) the economy; (4) evidence of tenure, and; (5) custom and dominant social attitudes. It is shown that some mediating factors are more salient for particular types of tenure than others. The paper will highlight the importance of land tenure in any assessment of vulnerability, and conclude with suggestions for further research.

Squatting by the privileged? A Hong Kong study on the innovations and ambiguity of property rights of irregular development

“…Fox O' Mahony and Cobb (2008) explained that the new judicial attitude towards squatting has been denominated in terms of the stewardship concept, which goes against the landowner who fails in both (stewardship, which is at fault, and deterrence against owner's failure in stewardship, which is justified). This view concurs with the economic analysis of law by Lai and Yu (2003) and the explanation of Reale and Handmer (2011) that customs and social attitudes towards squatters affect their security and vulnerability. The "endogenous rights" of squatters may be the legal basis of government recognition or compensation.…”

Vulnerability to typhoon hazards in the coastal informal settlements of Metro Manila, the Philippines

“…Parallel to this argument, we contend that disaster mitigation activities for informal settlers should not wait for security of tenure to be achieved. We recognise that achieving legal tenure status can provide an important base for reducing risk (Baker, 2012;Birkmann and Fernando, 2008;Liverman, 1990;Reale and Handmer, 2011), but propose that other vulnerability reduction measures can be done in parallel, and help to empower informal settlers to achieve the greater objective of accessing safe and secure housing. Increasing this population's access (or by removing the barriers) to other physical, social, financial, human and natural resources can begin to improve their ability to cope with extreme events.…”

Climate resilient urban development: Why responsible land governance is important

“…However, decisions about resettlement are inherently complex and are best made on a voluntary basis (Correa, 2011). During the recovery and reconstruction process, there have been many examples of forced resettlement that has resulted in loss of access to land for informal communities (e.g., Reale and Handmer, 2011). For example, decisions about resettlement away from the coast following the 2009 Samoan disaster were complex and tested the capacity of government.…”