Legal Recognition of Ownership Rights

14. In many countries, the inadequate normative framework and the fragile bases of such administrative institutions as land registers often make it even harder for small farmers to obtain legal recognition of ownership rights over land that they have been farming for a long time and of which they are de facto owners. They are often stripped of their land because it falls by law into the hands of those whose greater financial means and access to information enable them to obtain recognition of ownership rights.

Small farmers lose out in every case: uncertainty over ownership of the land is a major disincentive to investment, increases risks for farmers if they expand their farms, and reduces the possibility of access to credit for which land is used as a guarantee. This uncertainty also encourages over-exploitation of natural resources without concern for environmental sustainability or without considering the intergenerational continuity of family property.