Examining the effect of tenancy by occupancy on urban land development.

Abstract

Land is a significant sector as urbanization and urban developments accelerate. Though there exists a diversity of circumstances and factors that contribute to informal urban developments, this study focused on tenancy by occupancy as being key in urban land development. Tenancy by occupancy commonly known as Kibanja holding is an interest in land and has an adverse effect on developments put up on the land. This study focused on examining the effect of tenancy by occupancy on urban land development in Namungona, Rubaga division.

The researcher used a descriptive research design which used both qualitative and quantitative methods of data collection using a sample of 100 respondents that were selected using purposive, stratified and simple random sampling techniques with the questionnaires and interview guides as the data collection tools. Further, data was analyzed using thematic content analysis with the help of Microsoft office word and excel to draw tables, graphs and charts. The study revealed that majority of the developments in the parish are semi permanent (41%) temporary (39%) while permanent structures were only (19%) this is attributed to many factors for example tenure insecurity due to the dual land ownership between tenants by occupancy and registered land owners which impedes development because tenants do not feel not secure putting up long term developments on land in which they do not have absolute ownership. It was also found out that majority 79% of the respondents did not get plan approval from KCCA to build this explains the development of unplanned houses which have led to growth of informal settlements.

The dual ownership between registered owners and tenants by occupancy has slowed down development since both parties have to give consent in case there is any development to be put on the land. The researcher put out several recommendations that can help to resolve the impasse between registered land owners and tenants in a bid to achieve urban land development. Streamlining the relationship of landlords and tenants is important, but the ultimate solution is in merging the dual carriage of rights by ensuring that tenants get titles, and other non-land based means of survival and livelihood.