Documenting Land Tenure

This article provides guidelines for documenting and understanding land ownership and land-use rights in TerraFund projects. TerraFund acknowledges that every country has its own procedures for land agreements. We encourage all champions to utilize the legal land documents or formats that best suit their project, considering the various land ownership structures in their country, including cultural norms and traditional practices. 

Why document land tenure?

• Land access: Tree planting requires land, and land is owned by different actors. Most champions don’t own land; instead, they get access to land through different types of landowners. Understanding how champions work with what type of lands and landowners helps to pre-assess the potential of these projects to create jobs and improve livelihoods.
• Laws & regulations: Many countries require that projects adhere to land-related regulations and laws. Documenting land tenure ensures compliance.
• Risk analysis: It is critical to understand potential social risks and apply appropriate safeguards. Early diagnosis of land and tenure systems can identify social risks, such as land disputes, exclusion of marginalized groups, or conflicts from overlapping claims.
• Market access: The security of rights and tenure directly impacts markets and benefit-sharing within communities and among stakeholders. Opportunities to invest in restoration outcomes, including carbon credits, require secure land tenure to ensure clarity of ownership and avoid potential conflicts.
• Transparency: Transparent land tenure documentation enhances accountability and builds trust among project stakeholders. This ensures that planting locations are not claimed by multiple champions, avoiding duplication or multiple claims on the same impacts.

Process for Collecting Documents

1) Application

During the application stage on TerraMatch, champions must have an initial comprehension of the land tenure context. This entails making early connections with pertinent authorities or local communities to convey the project's objectives and eagerness to collaborate. 

Applicants are encouraged to provide land agreement documentation previously utilized for a funded project. These documents show that the applicant understands the essence of having land agreements for sustainable land management practices.

2) Implementation Phase

Once funded, all projects must submit land tenure documentation within the first 12 months of implementation – and then submit additional proof throughout the project cycle.

Projects can submit any legal document that reflects their legitimate access and use of land. This can include written consent letters from the landowners or community leaders, memoranda of understanding (MOUs), lease agreements, affidavit signed by traditional authorities or commissioners of oaths, etc. The documentation will mainly be used a safeguard for any funded restoration efforts and will NOT be used as consent for landowners or communities to transfer over ownership of land to the funded organization or any other 3rd parties. The agreement is not legally binding.

This critical documentation will be reviewed by the designated project manager to guarantee compliance. This added layer of scrutiny not only safeguards our investments but also promotes sustainable and responsible land use practices among our partners, ensures that restoration activities are conducted ethically, and secures the longevity and positive impact of this work.

As projects evolve, circumstances can change; new stakeholders might emerge, or community dynamics could shift. Challenges, such as disputes over land boundaries or unexpected legal hurdles, can surface. In response, champions should have robust change management strategies in place, ensuring that any alterations in land tenure agreements can be navigated smoothly and with minimal disruption. 

Any changes or updated land tenure documentation should be documented, reported and uploaded in TerraMatch during the regular reporting window.

Land Categorization and Proposed Signatories

Communal Land

What is it? Communal land refers to areas of land collectively owned or utilized by residents of a particular geographic area, either as individuals, cooperatives, or groups. Under this category, champions are encouraged to raise community awareness with the goal of obtaining agreement or consent from the local community to utilize their land and collectively maintain the growing trees.

Who signs? Formal agreements or consent forms can be signed by the community representatives that outline land ownership and land-use arrangements:

• Household ownership: The family representative can sign on behalf of the family.
• Farmer group ownership: The group representatives (at least 2 people) can sign.
• Cooperative ownership: Board members (at least 2 people) or legal representatives can sign.
• Traditional authority: Where applicable, the legal chief can sign land agreements on behalf of many smallholder farmers.

Private Land

What is it? Private land is defined as any parcel or area of land owned by individuals, including large-scale farmers, enterprises, or other private entities. The owners of private land have legal rights to use that land.

Who signs? Single ownership/Private: The owner can sign.

Public Land

What is it? Public land or government land is defined as parcels or areas of land owned and managed by governmental entities, including national, state, or local governments or government institutions, to benefit and serve the public.

Who signs? Any governmental entity (Forestry Commission, Wildlife Division, etc.) with the legal authority to sign these agreements/Memorandum of Understanding may do so. These agreements should clarify land use rights and responsibilities.

Sample Land Tenure Capture Form

If a champion does not have their own method for capturing land tenure agreements, TerraFund has created this sample form. The level of detail and the inclusion of specific sections may vary depending on the agreement's complexity and legal requirements. Restoration champions must ensure that the format of their agreement complies with all relevant local and national laws.

Champion In case you are working with multiple farmers, you can borrow ideas from attached land tenure form developed by Rwandan champion RDIS below. 

Sample Land Tenure Capture Form.docx

RDIS Land Tenure and Consent Form