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5 - Settled Facts or Facts to Settle: Land Conflicts under Institutional Uncertainty

Published online by Cambridge University Press:  25 July 2009

Christian Lund
Affiliation:
Roskilde Universitetscenter, Denmark
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Summary

I sat upon the shore

Fishing, with the arid plain behind me

Shall I at least set my lands in order?

T. S. Eliot, The Waste Land

Introduction

As we have seen in earlier chapters, land claims are often tightly wrapped in questions of authority and the politics of jurisdiction. Few land issues are not also in some way issues of authority. For this chapter, however, emphasis differs as attention is primarily paid to two aspects of everyday struggles over property. First, the chapter demonstrates the relative inconclusiveness and renegotiability of the question of landed property in and around Bolga, as well as the imaginative strategies employed to secure land rights in the area. It shows how political-legal questions about property are negotiated and fought over outside the formal legal arenas. Second, the cases demonstrate people's simultaneous contrasting efforts to curb the negotiability. It shows how important it is to create “established facts,” however varied.

Contrary to Western legal thought, claims in a rural African context are not forfeited merely because they are delayed. In her work on the Chagga in Tanzania, Sally Falk Moore (1992: 29) points out how such claims rarely perish:

[T]o be worth anything a claim must endure until the obligee has the means to pay it. That may take more than one generation. An in-definitive time frame can be a major economic element in the effectiveness of a claim. As the Chagga say, it is no use claiming a cow from a man who does not have one. […]

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Publisher: Cambridge University Press
Print publication year: 2008

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