Gender and Land Rights Database


Sistemas prevalecentes de posse da terra

- According to the 1991 Law No. 256-XII on Property, property might be state,   collective or private property, as in Article 4 Part II.

- The 1996 Law on Land Reform specified three forms of land ownership: state, municipal and private. During the land reform process, the land of inhabited localities, pastures near villages, land allocated for possible development of the inhabited localities and land of little or no agricultural value were transferred to municipal ownership. Land used by the state − namely land under state institutions, pipelines, railways and main roads, water and forest resources and summer and winter pastures − remained under state ownership (15).

- According to the same law, which distributed all the land traditionally held by large collectives to rural households, land was transferred into private title for free. As a result, more than 3.5 million people became owners of land. A title holder could freely sell, exchange, will, let or mortgage the land (19).

- Private ownership includes parcels legally used by citizens – such as land under residential houses – household parcels, individual, collective and cooperative gardens, land under management of state-owned “dachas” and privatized land of state and collective farms.

- In 2004, as a result of reform,  4.92 million ha, or 56.9 percent of total land, remained in state ownership, 2.05 million ha, or 23.7 percent of total land, were in municipal ownership and 1.67 million ha, or 19.4 percent of total land, were privatized (20).
In 2004, 98.1 percent of eligible families – 866 678 families out of 872 855 eligible families – had land (20).

- IDPs and refugees did not receive land and other agricultural assets in the farm privatization process. Although about 57 percent of all IDPs and refugee households in rural areas have access to some land, the average land size per household member is 0.09 hectares per capita, which is considerably lower than the rural average of 0.3 hectares (21).
After adoption of a governmental decree in 2000, about 20 000 IDPs temporarily settled in rural areas and rented from municipalities about 60 000 hectares of land for temporary use (21).

- The 1998 Law on Lease of Land No.587-IG establishes that state, municipal and private land can be leased. Citizens, legal entities and foreigners are allowed to lease land. Leases can be for short-term or long-term use and lease fees may be paid in cash or in kind (20).

Sources: numbers in brackets (*) refer to sources displayed in the Bibliography