The name is absent



158

Table 5.4: Percentage distribution of husbands and wives by selected rights of use and
transfer

Right

Husband'

Wife"

Southern
province

Eastern
province

Southern
province

Eastern

province

Cultivate perennials:

No rights

1

4

36

9

Yes, without permission

97

36

7

8

Yes, with spousal permission

2

60

57

83

Fence:

No rights

1

17

55

44

Yes, without permission

98

57

3

4

Yes, with spousal permission

1

26

42

52

Plant trees:

No rights

1

4

46

23

Yes, without permission

98

49

5

11

Yes, with spousal permission

1

47

49

66

Alienate land from family:

No rights

59

62

88

65

Yes, without permission

40

11

0

0

Yes, with spousal permission

1

27

12

35

a. The respondent is the household head commenting on spousal rights. This is a male only in 66 percent of
the cases in Southern province
and 75 percent in Eastern province.

Spousal rights over land transfer are extremely weak. Table 5.4 shows that no spouse has the
unilateral right to alienate land outside the family. In Eastern province, wives would be consulted in
about one-third of households, but in Southern province only 12 percent of wives would be included
in this type of decision.

E. Exclusion rights

The ability to exclude others from using one's farmland was relatively common and suggests
a high degree of individualized property rights.
In general, nonhousehold members are not permitted
to use a household's land for crop or tree cultivation without prior permission of the household head.
In addition, chiefs and headmen have established penalties for crop damage and unauthorized tree
cutting by others on farmers' own fields. Moreover, farmers claim to have the right to fence off land
(see above).



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