Guiding Principles:
Land Tenure in Development Cooperation

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Orientierungsrahmen:
Bodenrecht und Bodenordnung

Deutsche Gesellschaft
für Technische Zusammenarbeit
Abt. 45 / Div. 45

 

Frithjof Kuhnen (1996):
Synthesis of Current State of and Trends in Land Tenure and Land Policy in Asia

3.2.5 Squatting

Actually, squatting is not a form of tenure but an illegal occupation of land. It usually takes place in remote areas, valleys of difficult access so that the squatter is not easily detected. Sometimes, he remains on the land for years before he is discovered. In case this happens, he is either ejected or has to sign a rent contract for the land. Squatting usually takes place on the land of large landlords or on government's land where supervision is not as strict and the officers can be bribed. Sometimes, the government hesitates to evict the squatter because it cannot provide him an alternative existence. Finally, the ejection of a large number of squatters means political costs.

In some countries, there is a gradual transition from illegal squatting to a system of open access giving to all citizens the right to use land, as long as rights held by others are not involved. After all, historic settlement always began with land being cleared by the first settler.

Squatters are usually very poor people who do not have any other means of subsistence and engage in the hard and risky practice of squatting. Since they cannot find better land or in order to disguise their activities, they often cultivate steep slopes which, under conditions of heavy rainfall, very soon erode, thus destroying the soil surface. The practice of slash and burn agriculture often causes forest fires of a large scale and, thus, valuable resources are damaged. The impact of squatting on the environment is very negative.