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Competing Property Rights and Tenure Insecurity Annual World Bank Conference on Land and Poverty Session 14-07: Can land tenure interventions support urban densification? Washington DC, March 26, 2015 Harris Selod (The World Bank) Liam Wren-Lewis (Paris School of Economics - INRA)
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Outline 1.Motivation 2.Stylized facts on property rights 3.Previous literature 4.The framework 5.Conclusion 2
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1. Motivation In developing countries, many urban residents lack tenure security Security = low risk of eviction or land grab Security is attained by holding a clearly established and enforced property right (urban context) Various types of property rights coexist in a city Various rights providing different levels of tenure security Secure rights are usually only affordable to the richest households Research questions Why does the setting differ in developing and developed countries (where tenure is more uniform)? How is the coexistence of property rights sustained? What is the institutional set up for the coexistence of property rights? Why are there different levels of tenure security that coexist? What is the demand for each right and sorting across rights? 3
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1. Motivation Policy questions Is the coexistence of rights desirable? (welfare) Cheap options for the poor to gain some degree of tenure security Costly and insecure setting that involves rent-seeking Impact of (possibly selective) improvements in land administration? Objective of our work Build a framework to analyze the sustainability and welfare implications of coexisting property rights Taking into account 2 important features Distinct rights-issuing institutions Possible competition or collusion between rent-seeking institutions Focus on the pricing of property rights by institutions who may have market power 4
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2. Stylized facts “Piling up” of property rights History matters: cumulative evolution of land tenure systems (see example of West Africa below, but validity is more general) colonial era post-independence and socialist period land market liberalization partial decentralization of land management Economic reasons for the setting to persist (our focus) 5
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2. Stylized facts 6 Level of tenure security (in an urban context) Type of property rights (S) SecureReal rights: ownership/freehold titles (P) “Precarious”, i.e. moderately secure Personal rights: residential permits (“use rights” akin to weak form of ownership) administrative documents (I) Informal / Insecurelack of property right Range of rights with different tenure security levels
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2. Stylized facts Different security levels have two causes Different qualities (less stringent conditions to obtain a right lead to more defects and exposure to conflicts) Overlap in rights (with secure rights prevailing over precarious rights) Fee-charging institutions specialize in different types of rights Centralized administration (secure rights) Local administrations (precarious rights) 2 remarks Fees (including informal fees) much above costs What does back and forth in mandates of local institutions reveal? Attempts to fight rent-seeking? Attempts to consolidate rent-seeking? 7
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3. Previous literature Theories on the coexistence and of formal and informal land tenure Interactions between formal land market and squatting under partial equilibrium (Jimenez, 1985) general equilibrium (Brueckner and Selod, 2009) Sorting between “continuum” of tenure options land-use model (where tenure insecurity is driven by multiple sales: Selod and Tobin, working paper) Empirical work Capitalization of tenure security in land prices Jimenez (1982, 1984), Friedman et al. (1998) Willingness to pay for formalization fees Ali et al. (working paper) 8
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3. Previous literature General literature on supply of property rights Security has a negative effect on those who do not purchase security De Meza and Gould (1992), Marcouiller and Young (1995), Anderson and Bandiera (2005) Competition between for-profit providers of property rights Konrad and Skaperdas (2012), but in a context competitors compete through violence, not prices Land administrations have market power and can capture rents (tenure security premium) Antwi and Adams (2003) 9
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4. The framework 10
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4. The framework 11
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4. The framework 12
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Figure 1 – Tenure regimes as a function of prices P S = P P (π S – π I ) / (π P – π I ) PSPS P w (π P – π I ) w (π S – π I ) S I,S I w (π S – π P ) P,S P I,P I,P,S
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Figure 1 – Tenure regimes as a function of prices P S = P P (π S – π I ) / (π P – π I ) PSPS P w (π P – π I ) w (π S – π I ) S I,S I w (π S – π P ) P,S P I,P I,P,S
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4. The framework 15
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4. The framework 16
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4. The framework 17
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Case 1: Welfare-maximizing / benevolent government(s) 18
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Case 2: Monopoly / collusion between profit-maximizing governments 19
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Case 2: Monopoly / collusion between profit-maximizing governments 20
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Case 3: Competition between profit-maximizing governments Both institutions maximize profit and compete with one another If externality ( ) small: Both prices are lower than under profit-making monopoly (i.e. competition reduces prices) If externality ( ) large: Competition may increase the price of the secure right, since secure right seller no longer suffers from externality [conjecture] 21
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5. Conclusions 22
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Future work When is it “best” to have one property right instead of two? What happens if institutions can decide on the level of collaboration ( ) or quality (π P )? What if individuals pay different effective prices (e.g. based on social networks or ability to corrupt)? 23
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