The name is absent

161

H. Land disputes

Given the relatively low population density, land disputes are not as severe as those found in
other areas of sub-Saharan Africa. In fact, few disputes over land ever proceed to formal courts in
Eastern province. The disputes that do occur between farmers mainly involve boundary disputes and
to a lesser degree disagreements over inheritance. ²¹ Boundary disputes arise mainly because plot
boundaries are not normally marked owing to large farm sizes. All land disputes are normally settled
by the village headmen.

There are other disputes which arise over unlawful use of land such as illegal grazing during
the rainy season or cutting of trees. These are sometimes settled by the parties themselves, but can
also be decided by the headmen or even chiefs. Penalties are usually in the form of maize, if maize
crops were damaged, or animals (e.g., chickens or goats) for other damages.

Results show that around one-fifth of all households in both regions reported having been
involved in a land dispute sometime in the past. In both regions, boundary disputes accounted for over
half the total. In Eastern province, 11 households are currently involved in a dispute and seven
actually lost land as a result of a dispute. In Southern province, 3 percent of households are currently
involved in a dispute and 7 percent have lost land as a result of a dispute, the majority of these to
other family members.

I. Documentation

The majority of respondents did not have documents or title to land. In Southern province 75
percent of respondents had no form of documentation, and in Eastern province as many as 94 percent
did not carry written documentation to land (see table 5.6). Nine respondents in Southern province
had a title deed while another 14 carried receipts of transfer while waiting for titles to arrive. Only
one Eastern province farmer had obtained a formal title deed. The remainder of the document holders
held a letter from the chief.

Table 5.6: Percentage distribution of respondents by type of land documentation held

21

One Chewa headman said that inheritance disputes were very common before a patrilineal inheritance system was
adopted.

<<   168   169   170   171   172   173   174   >>

More intriguing information