Жер құқығы: пайдалану, иелену және жерге қатысты құқықтар

Form of law that deals with the rights to use, alienate, or exclude others from land

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 personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts. Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership, is a globally ubiquitous phenomenon.

Sovereignty, in common law jurisdictions, is often referred to as absolute title, radical title, or allodial title. Nearly all of these jurisdictions have a system of land registration, to record fee simple interests, and a land claim process to resolve disputes.

Indigenous land rights are recognized by international law, as well as the national legal systems of common law and civil law countries. In common law jurisdictions, the land rights of indigenous peoples are referred to as aboriginal title. In customary law jurisdictions, customary land is the predominant form of land ownership. Land reform refers to government policies that take and/or redistribute land, such as a land grant. Land rights refer to the inalienable ability of individuals to freely obtain, use, and possess land at their discretion, as long as their activities on the land do not impede on other individuals' rights. This is not to be confused with access to land, which allows individuals the use of land in an economic sense (i. e. farming). Instead, land rights address the ownership of land which provides security and increases human capabilities. When a person only has access to land, they are in constant threat of expulsion depending on the choices of the land owner, which limits financial stability. Laws are important, but they must be backed up by cultural tradition and social acceptance. Therefore, laws concerning land ownership and land rights of a country must be in agreement. Globally, there has been an increased focus on land rights, as they are so pertinent to various aspects of development. According to Wickeri and Kalhan, land ownership can be a critical source of capital, financial security, food, water, shelter, and resources. The UN Global Land Tool organisation has found that rural landlessness is a strong predictor of poverty and hunger, and negatively impacts Empowerment and the realisation of Human rights. In order to home in on this critical problem of inadequate land rights, The Millennium Development Goal 7D strives to improve the lives of 100 million slum dwellers. This includes increased land rights for impoverished people, which will ultimately lead to a higher quality of life. In order to reach equality, these groups must obtain adequate land rights that are both socially and legally recognised.

Uganda's 1995 Constitution enforces equality between men and women, including the acquisition and ownership of land. However, research from Women's Land Link Africa reveals that women remain excluded from land ownership due to customs and deeply ingrained cultural habits. Even when women save up enough money to purchase land, the land is signed in their husband's name, while women sign as the witness. Another detriment to equality, pointed out by Women's Land Link Africa, is that women lack sufficient knowledge about the rights they have under the law to own land. Rural, illiterate women do not even have access to the new constitution which guarantees them land rights. Although the 1995 Constitution provides for equality between men and women, there are still gaps in the law which affect women's rights to land. The law protects the rights to land of wives in marriage; however, it does not address the needs of widows or divorcees. Consequentially, these women are left landless and without the protection land offers. Also, women have a difficult time taking cases to court due to corruption and expensive trials. The trials concerning land take so long to process that many women do not even attempt to seek legal assistance. Women's Land Link Africa provides suggestions to alleviate inequality in land ownership. Rural women can be educated about their rights through radio campaigns, community discussions, educational outreach programs, and public forums. The cultural nuances must be addressed in policies and community leaders can be educated about inclusion of minority groups. Also, the law itself can address the rights of widows and divorcees in addition to the rights of married women.