In the 50 years since this journal published Ruoff's widely cited four part article there has been much incremental change to the different Australian Torrens systems of registered land title in addition to some radical re-interpretation of title registration basics. Further, the basis for Ruoffs observations on the Australian systems has been wholly replaced by the Land Registration Act 2002 passed in early 2002. It is an opportune time to update "An Englishman..".

An Englishman Looks at the Torrens System – Another Look 50 Years on

Abstract Financial institutions in developing economies fail to provide entrepreneurs with access to finance to grow their businesses. This severely hampers economic development in these countries. We seek to explain why and develop an argument and model based on Knight's theory, which we augment in two ways. First, by describing problems embedded in financial institutions of developing economies, for which we use the Schumpeterian view that creative destruction requires new credit to fund entrepreneurial disruption and de Soto's finding that undocumented assets possessed by entrepreneurs in developing economies cannot be leveraged as collateral to access finance. Second, we use Williamson's hierarchical institutional model to distinguish vertical interactions. The model is illustrated using the case of Uganda, a developing country in Eastern Africa. Our analysis finds that Uganda suffers from intertwined and misaligned formal and informal institutions, limited extent of codified property, and sparse access to finance. The findings prompt policymakers in developing economies to consider problems with and within financial institutions.

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Knight, financial institutions, and entrepreneurship in developing economies

The Republic of Uganda is one of the five countries within the East African region. Uganda’s efforts to increase land productivity are hampered by land tenure insecurity related problems. For more than ten years, Fit for Purpose Land Administration (FFPLA) pilot projects have been implemented in various parts of the country. Uganda is now in advanced stages of developing a country strategy for implementing a fit for purpose approach to land administration, to define the interventions, time and cost required to transform the existing formal (western type) land administration system into an administration system that is based on FFPLA principles. This paper reviews three case studies to investigate how lessons learnt from pilot projects informed a FFPLA country implementation strategy. The review is based on data collected during the development of the FFPLA strategy, in which the authors directly participated. The data collection methods included document review, field visits and interviews with purposively selected respondents from the pilot sites and institutions that had piloted FFPLA in Uganda. The study identified that pilot projects are beneficial in highlighting specific gaps in spatial, legal and institutional frameworks, that have potential to constrain FFPLA implementation. Pilot projects provided specific data for informed planning, programing and costing key interventions in the FFPLA country implementation strategy. The lessons learnt from the pilot projects, informed the various steps and issues considered while developing the national strategy for implementing a FFPLA approach in Uganda. On the other hand, the study identified that uncoordinated pilot projects are potential sources of inconsistencies in data and products, which may be cumbersome to harmonize at a national level. In order to implement a fit for purpose approach for land administration at a national level, it is necessary to consolidate the lessons leant from pilots into a unified country implementation strategy.

Pamella Drate

Papers

Assessment of the land inventory approach for securing tenure of lawful and bona fide occupants on private Mailo land in Uganda