22.I.1 There is no land-use policy in Guyana. Although over the years, several attempts have been made to devise comprehensive land capacity classifications for the country, and to utilise these as the basis for land zoning and land allocation, the process is far from complete. As a result, land-use throughout the country is haphazard, unplanned and wasteful.

22.I.2 The problems that are inherent in the absence of a land-use policy and land-use plans are compounded by the complexity of our land tenure system. We have already referred to the special circumstances of GUYSUCO’s land holdings. In addition to this, there are the two following types:-

22.I.3 The Guyanese Government owns about 90 percent of the national territory. In coastal areas where most of the population is concentrated, roughly half of the farms are freehold properties. The distribution of lands is characterised by the predominance of small farms of 5-15 acres each. This structure of distribution originated during the colonial period when both the size and number of plots that were allocated to former slaves and indentured workers were restricted. In the post colonial years the predominance of small farms has continued to be encouraged by Government policies that limit the size of plots that are leased or granted to individuals by the State to hypothetical minima that could support a family.

22.I.4 For purposes of defining policies for this National Development Strategy, it is necessary to distinguish several classes of interest in land. These are: (a) holders of State leases who are the legal occupants and possess lease documents that are issued by the Land and Surveys Department; (b) sub-lessees of State leases who rent lands from principal lessees. Under the present lease arrangements, they are considered illegal occupants of State lands; (c) unregularised occupants of State Lands: those who have applied for lands they occupy while waiting on the applications to be approved; (d) squatters on State Lands who are illegal occupants of State Lands, not including sublessees; (e) owners of freehold lands: those who have purchased from the State or previous holders by way of transport or certificate of title; (f) renters of freehold lands: those who rent under private arrangements from freeholders, both formally and informally; (g) unregularised occupants of freehold lands: those who have claims to the lands they occupy but whose claims are not legally documented. This is often the case on old freehold estates that have been subdivided but for which individual titles have not been issued; (h) squatters on freehold lands: illegal occupants of privately owned lands; (i) indigenous communities: Amerindian communities throughout Guyana, recognised as Amerindian Districts, Areas and Villages; (j) the sugar industry: meaning GUYSUCO and inclusive estates; (k) prospective investors: those who seek to possess lands for agricultural or other purposes; and (l) the landless, may be classified as citizens of the lower income bracket, desirous of obtaining land for agriculture but who are deterred by cost factors, the laborious process and other associated arrangements.

22.II.1 Each of the categories of land holdings that have been listed in the previous section of this Chapter embraces a number of issues and constraints in terms of access to lands, the land market, and especially security of tenure. This has led, among other things, to a thriving informal land market, which is beneficial to many absentee land holders, either of freehold or leases, from which the Government loses a considerable amount of revenue that could have been applied to improving land administration, other related services, and infrastructures. It is imperative that these issues be dealt with promptly in order to ensure increase agricultural productivity.

22.II.2 The large number of agencies and sub-agencies that are concerned with the allocation of land and the collection of rents and fees from the plethora of land types has led to accusations of unfairness, bribery and corruption. What is certain is that this high number of government organisations lead to inefficiencies. The whole system of land administration therefore needs to be rationalised.

22.II.3 Land Selection Committees have been established and authorized to approve or deny applications for leases of state land. Their procedures are inefficient because of the absence of clear-cut criteria for approval or denial of applications; the time-consuming and bureaucratic process of decision-making involving the Regional Democratic Council, in addition to the district and regional land selection committees; and the abuse of power by members of the land selection committees at both the district and regional levels.

22.II.4 There exist over 2,000 provisional leases, waiting for surveys to be done before their final determination. Land in this circumstance cannot be used as collateral for production financing, so the 'provisional' lessee is prevented from investing as he or she desires in the land occupied. This obviously impedes agricultural development. This situation also increases the possibility of boundary disputes, since formal boundaries are never demarcated. The Lands and Surveys Department is not now in a position to deal with disputes adequately, because of human resources limitations and the lack of support from an internal legal unit.

22.II.5 The unattractive conditions of State leases include: the duration of leases, which is currently twenty-five (25) years. There is great difficulty in obtaining production financing, since most banks do not accept a lease of 25 years as collateral; transferability and use for collateral: " The lessee shall not transfer or mortgage his interests in the lands occupied in this lease or any part thereof except in accordance with the provisions of the State lands regulations." This provision also limits the use of leases as collateral; and subleasing: "The lessee shall not sublet or give possession of the land thereby leased or any part thereof." This provision creates major difficulties for the lessees in cases of illness or economic difficulty and limits their ability to utilise the land to its maximum capacity and accumulate capital. The landlord/tenant relationship is not recognised. Sublessees are denied access to formal financing for investment in agriculture since their tenure is not recognised. The provisions also limit long term investments by farmers of leased land who have tilled the same plot of land for a number of years, but are restrained from making significant capital investments for fear of the termination of a lease or sublease, and the lack of security over the long run.

22.II.6 The low rents paid by lessees of State lands directly impact on fiscal revenues and the quality and efficiency of administration and management of State lands. This situation gives rise, among other things, to land speculation and has the effect of subsidising those who are least in need of subsidies, e.g., large landholders, who sublease the land at market rates. Land, like any other input of production, should be priced as close as possible to its market value. If not, the resource will be underutilised or misused. Increased land rents would also serve as a deterrent to land speculation and would, in fact, encourage intensive land use and reduce the amount of idle lands. Ultimately, land rents would provide funds for agricultural research and development and for funding the Land and Surveys Commission towards an efficient and effective agricultural land administration and sustainable land resource development.

22.II.7 Unregularised occupants also include those who have inherited a lease or have had the original lease transferred to them without the necessary documentation, due to the time-consuming process of applying to Lands and Surveys for approval or permission to do so; as well as those whose leases have expired and have not bothered to renew it but still occupy the land.

22.II.8 The illegal occupation of State lands for agriculture and other purposes, especially housing, has increased over the last decade or so. Much of the land squatted on for housing is prime agricultural land for both cultivation and grazing. Many persons resort to squatting for agriculture as a result of slow administrative procedures for granting land. This situation thrives due to a lack of enforcement mechanisms at the Lands and Surveys Department.

22.II.9 The Land and Surveys Commission has been unable to discharge its statutory functions effectively, since under this system the responsibility for routine cadastral surveying and the administration of State lands, was transferred to the Regional Democratic Councils. This has had a profoundly negative impact on the national system for administering Government leases. The absence of an efficient communication system between regions and with head office adds to the inefficient regional service.

22.II.10 There is a tremendous backlog of surveys to be done, because of the inability of the Lands and Surveys Department to perform parcel surveys in support of agriculture leases. In addition, there are outdated cadastral index maps that undermine the reliability and integrity of the records, resulting in uncertainty of land ownership.

222.II.11 As has been emphasized the Registrar of Deeds under the direction of the Attorney General is responsible for the registration of all transactions involving freehold land: buying and selling, creation and cancellation of mortgages, encumbrances, private leases, use rights, etc. It also records intellectual property and functions as a commercial registry. It is considered that both land and commercial affairs are too much for the current registry to deal with adequately, as persons wishing to transact property business at the registry compete for attention with those who are there for commercial affairs.

22.II.12 As has been pointed out, in order to effect a transport (sale) of property, proposed sales must be published in the official Gazette for two weeks before the transaction. If no objections are filed, the transaction is allowed to go on. If timely objections are made, the matter is settled in court. Such a requirement for all transactions is burdensome, expensive and time consuming. In principle, this process could be completed in about the three months that would be necessary for publishing requirements and file review. However, transactions can take a year or much longer, due to institutional and human resource related inefficiencies.

22.II.13 The Torrens System relies heavily on surveyors to demarcate the land into plots. Over the last 15 to 20 years surveying has become problematic. The survey process has greatly slowed and there is little money in the system to pay surveyors and few are willing to work at the rates the Government pays. The decentralisation of survey functions as a result of regionalisation has also contributed to the deterioration of the process of registration of freehold property, since this also requires cadastral surveys.

22.II.14 Freehold lands held under the "transport" and "certificate of title" systems, are administered by the Deeds Registry. Although both yield a secure title to land, they are both subject to procedural problems due to the inefficiencies in various areas of the Deeds Registry, the most important of which are poor data handling systems, the inadequacy of funding, and unqualified personnel.

22.II.15 There is evidence of significant incidences of underutilised freehold lands due to a lack of sufficient stimulation and incentives for agriculture production; the poor state of maintenance of the drainage and irrigation system in many areas; absentee landlords, who either have gone overseas or have neglected the land for other, possibly urban, careers; and restrictive procedures for land rental, which discourage renting out land that the owner cannot utilise.

22.II.16 The complications in trying to rent or lease out freehold land are particularly vexing. Some freehold lands are left idle or are underutilised, leading to the unavailability of good land for agriculture investment, directly as a result of conditions stipulated by the "Rice Farmers Security of Tenure Act" which serve as severe deterrents to rental.

22.II.18 Over time, owing to the workings of legacies, some land holdings have become very fragmented. A peculiar problem has arisen in that the form of agricultural plots has become very long and narrow, in order to assure that each plot retained access to irrigation and drainage canals. In Essequibo some plots are known to have dimensions of 12 feet wide by more than 9,200 feet deep, while in Berbice the extreme dimensions are 12 feet by more than 12,000 feet. Such distorted shapes are highly unsuitable for cultivation.

22.II.19 Unclear or unmarked boundaries of indigenous settlements have led to encroachment from loggers and miners and a general sense of insecurity regarding rights and ownership of the Amerindian peoples.

22.II.20 Underutilised land resources under indigenous holdings are sometimes exploited by others (e.g., foreign investors), and all benefits and incomes they produce elude the community and its peoples, resulting in growing feelings of exploitation and mistrust for the Government.

22.II.21 GUYSUCO holds a large percentage of coastal lands; although much of it is cultivated a portion has been left idle for some time. This has created a situation where there is idle land that is not available to those who might put it to productive use.

22.II.22 Many prospective investors interested in acquiring portions of land for agriculture, aquaculture and other pursuits are often deterred by unavailability of data regarding the particular parcel of land and the process they are forced to pursue to acquire the land needed. Given the need to promote foreign and local investment, clear and transparent procedures regarding the application and granting of leases should be adopted.

22.II.23 More than eight thousand farm families possess less than ten acres of land with an average holding of two acres in that group. This clearly is an infrasubsistence level of land holding, and very likely it is the major explanation for the poverty found in rural areas. Indeed, because a holding for the rural non-poor is about 26 acres, it might be argued that this disparity in access to land is a contributing factor to rural poverty. Undeniably, the fundamental fact is that having larger farms means having more income. Everything else being equal, too many rural families have too small a land base to rise above poverty.

22.II.24 No central data base system exists for the storage, analysis, management and retrieval of data on title and tenure conditions. There is also inadequate data on existing land-use, soil type, temperature, rainfall, slope, land tenure, indigenous settlements, physical infrastructure, social infrastructure and population, etc. The lack of data hinders the planning and implementation of a land-use plan and subsequent development projects, as well as individual choices and decisions in land-use for agricultural and other purposes.

22.II.25 The absence of a clear strategy for the opening of new agricultural lands puts a greater demand on already limited lands with the necessary infrastructure.

22.II.26 There is no consistency between the acreage restrictions in land development schemes and the lack of such restrictions on the acreage of land that may be leased outside them.

22.II.27 The absence of environmental regulations on the occupation and utilisation of the land resource, can lead to environmental degradation of the land resource through deforestation, pollution from waste disposal etc.

22.II.28 The issues of land distribution, in general, and of ancestral lands, in particular, are of extreme importance in Guyana. Indeed, they are considered by many to be as potentially explosive as the racial problem. Strategies for the settlement of the claims of Amerindians for land titles and extended land rights have been put forward in Chapter 24, which is devoted to Amerindians. However, somewhat similar claims have been put forward by Guyanese of African origin who assert that they have a unique right to be provided with the lands which their ancestors bought and occupied in the years immediately after the abolition of slavery, but which they afterwards lost. It is necessary that these claims be examined and conciliatory mechanisms be established to arrive at an equitable solution to this matter, within the context of the viability of Guyana, and the legitimate desires of all the citizens of the country.

The principal broad objectives for land policy are:

22.III.1 To improve the efficiency with which land resources are utilised in production.

22.III.2 To provide increased access to land on the part of landless rural and urban families and farming families with limited acreages.

22.III.3 To rationalise the land selection process and committees, in order to ensure that applications are reviewed objectively and acted upon expeditiously.

- To eliminate the backlog of provisional leases.

- To improve lease arrangements towards providing greater security of tenure.

- To extend security of tenure to sub-lessees of State Lands.

- To improve the process by which the public gains access to State and Government lands by way of efficient lease administration by the Land and Surveys Commission.

- To regularise the occupancy of State and freehold lands as promptly as possible.

- To eliminate and prevent squatting on agricultural lands, in part by providing better access to land for poor families and in part by improving the usability of the rental instrument.

- To re-centralise the Land and Surveys Commission functions towards more efficient land administration.

- To make more timely surveys and improve the quality and coverage of data on land registration and land characteristics, and to modernise data management systems.

- To rationalise and modernise the responsibilities of the Deeds Registry and improve its functioning.

- To stimulate and increase the productive use of freehold lands while improving the contribution of such lands to national revenues.

- To eliminate and prevent squatting on such lands.

- To improve access to State lands for agriculture, aquaculture and other development.

- To provide equal opportunity and improved access to lands for the gainful employment of the landless.

- To improve the coordination and communication among all related institutions, in order to attain improved land utilization.

- To improve the functioning of each institution responsible for land allocation and administration.

- To improve the collection, storage, retrieval and dissemination of data nationally.

- To develop new lands that have the potential for sustaining economic activities, clarifying intentions and programmes in this regard.

- To provide economic sized land holdings for all farmers.

- To promote the sustainable use of land for agriculture and other purposes by continuous environmental impact assessments.

22.IV.2 There is no need for the Regional Democratic Council to be involved in decision making since it has delegated to a district and regional land selection committees the authority to review applications, interview applicants and make recommendations before forwarding the application to the Lands and Surveys Department. In this light, the Regional Democratic Council will be omitted from the land selection process.

22.IV.4 For plots that are already surveyed, a time limit of 20 days will be established for review of each application by the district committee and 20 additional days by the L&SD. If no decision is made within those periods, it will be construed as automatic approval of the application at the respective level. Applications will be dated upon submission at each level, and the date will be acknowledged for the applicant in writing. If the 20 days pass with no explicit decision, the recording secretary at the respective level will be required to write "application approved by reason of no decision before the deadline" on the application, enter the corresponding date, and provide a copy to the applicant.

22.IV.6 The Land and Surveys Commission will embark on a special project to eliminate the existing backlog of surveys. This will involve contracting out the surveys that need to be done, and hiring temporary staff, as technical assistants and others, to do the necessary clerical work. Donor agencies will be asked to fund this project. Funds will then be recovered over a period of time from the lessees who will be obligated to pay for their surveys.

22.IV.7 A new standard agricultural lease will be formulated. This will include the following provisions:

• Lease terms of 99 or 999 years compared with the present 25-year limit.

• The ability of lessees to transfer leases freely and fully after ten (10) years of beneficial occupancy, without requiring administrative approval. The parties involved would, however, be obliged to register the transfer for accurate record keeping.

• The ability to use leased land as collateral without seeking approval from Lands and Surveys as is now the case. Lessees will, however, be required to register the mortgage with Lands and Surveys.

• The ability to sublet in full and in part any portion of the land that has been leased, without the consent or approval of the lessor, provided that the sublease is pursuant to a written instrument filed with the Commissioner, in accordance with regulations promulgated from time to time. The lessee will then be obligated to inform the Lands and Surveys Department of such transaction to allow for accurate record keeping. This is administratively simple and effectively regularises the de facto position.

• Lessees who have beneficially occupied the same plot of land for a period of more than fifteen (15) years, will be allowed on conclusion of the leasehold to convert to freehold consistent with established freehold criteria.

22.IV.8 The new policy for managing leases on State lands mandates the introduction of market valued land rents, based upon relatively few aggregate categories of land, which should be determined by the land's capability, its proximity to transportation and the adequacy of its drainage and irrigation. Few categories will be defined to keep administration of the system as simple as possible and to avoid an upsurge of disputes over land classifications. The method of determining rents will include: an assessed market value based on surveys of price of comparable freehold lands; an administration cost related to cost incurred by the Government in the administration process; and an amortisation cost, to recover monies spent on improvements to the land. The rents need to be reviewed and adjusted annually to ensure they are as close as possible to real market values.

22.IV.9 Special rent provisions will be made for the rural poor (defined as families with incomes below the prevailing poverty line). These rentals will also be subject to annual adjustments.

22.IV.10 The current status of each lease will be investigated and the findings recorded in a computerised lease management system. This system needs to be compatible, permitting a network with all other related data systems, e.g., land register at Deeds Registry, etc. It may be seen as forming part of a multipurpose land information system. Such a system with the data in place will serve as a base for the billing by notice and the collection of rents. A separate unit needs to be formed within the L&SD to deal specifically with billing, collection and accounting of lease fees. This unit needs the support of a legal unit to help with cases involving defaulters. If the unit is not able to make significant progress within a year, then collection of lease fees will be contracted out to private agencies, on a commission basis.

22.IV.11 The Lands and Surveys Department will embark on a special project involving the inventory of occupancy, specifically to identify unregularised occupants with the intention of regularising their occupancy (granting or renewing leases) once their occupancy can be supported. The need for this will be avoided in the future by implementing the improved procedures through which the public gains access to State lands.

22.IV.12 Given the existing problem of housing and the trend to regularise the process, squatters on State lands that show marginal or no agriculture capability should be regularised into a formal housing scheme. Should the lands be of good agriculture quality (be it for cultivation or grazing), squatters should be removed on legal grounds.

22.IV.13 However, being sensitive to the housing crisis, this process should be done after housing areas are identified and made available, specifically to existing squatters. The land involved should then be made available for agricultural leases. It is also necessary that a legal unit be formed within the Lands and Surveys Department to deal appropriately with the legal aspects of removing squatters.

22.IV.14 The selection of citizens for land for housing will follow the same procedures set down for agricultural land.

22.IV.15 Land for housing will be granted free of charge to all those below the poverty line.

22.IV.16 The regional Lands and Surveys offices, will be reorganised and strengthened to carry out an efficient service throughout the country, regionally.

22.IV.17 The regional offices will be staffed with clerks and land rangers as necessary, to handle applications and inspections for applications, along with the district and regional land selection committees.

22.IV.18 The regional offices will be linked by a computer/telecommunication network. The importance of being able to relay rapidly data cannot be underestimated in this sector. With improved communication the Commissioner will be able to deploy statutory functions effectively, especially that of surveying.

22.IV.19 An accurate land register and cadastral maps will be established. Some of the information needed will have to be acquired from an inventory, to verify occupancy on the ground with the existing title records. The acquired data will then be recorded in a computerised land register system that would allow easy access, updating and the production of cadastral index maps.

22.IV.20 Other than the time required for judicial procedures, the time required for transactions under the "Transport System" will be reduced significantly. This will be done by creating a procedural system for receiving and processing transactions, grouped according to subject.

22.IV.21 The Deeds Registry will be established as a semi-autonomous body. Under this arrangement the Registry will be able to retain a portion of revenues generated by its services. Since many fees and charges are outdated, it is also necessary to revise and implement realistic charges for services, to put the institution on a financially sustainable basis. With available funds under a semi-autonomous arrangement, better wages and benefit packages will be offered to personnel. Entrance requirements will be raised from three subjects to five subjects. In-house training programmes will be offered in modern systems of property registry.

22.IV.22 The State will embark on a land registration process to regularise those who have legal claims to parcels of land but have no title to confirm this. The process by which this is done will be revised to ensure its efficiency, this would mean the revision of the Land Registry Act.

22.IV.23 An assessment of the status of all lands held by GUYSUCO will be made to determine immediate and future needs, and to develop a programme for relocation of lands to other users.

22.IV.24 L&SD will start a central data base where information to guide prospective investors can be accessed, such as land capability maps. The process of applying for land will be improved and opportunities for funding or credit will be sought by providing full documentation on the land to banks.

22.IV.25 At the same time, Government will identify and open new frontiers for agriculture development. The necessary infrastructure can be made available through two schemes:

1. Granting land to those capable of providing the necessary infrastructure on condition that a portion is released to small farmers without charge, except annual D&I maintenance fees paid to a users’ group.
2. Government will carry out an institutional analysis of current land administration, including non-agricultural lands as well, eliminating existing overlaps and giving the responsibility to the institution most related to and involved with each function. Given the historical role as manager of the land resource, and that the Commissioner of Lands and Surveys is the custodian of all lands, the Lands and Surveys Department should be the final clearing house regarding land use.

22.IV.26 A communications network will be established, with each institution feeding data into their relative systems, which are then fed into a central system housed in the Lands and Surveys Department that would be accessed by all.

22.IV.27 The formulation and implementation of a National Plan on Land Use, based on present land use patterns and possible opportunities, are critical in this effort. This plan should take into consideration physical, environmental, economic, social, cultural and demographic factors from a Guyanese perspective.

22.IV.28 The national land use plan will utilise the concept of sustainability, to protect all lands, in this instance agricultural lands, and it will strive to make that concept operational in as many instances as possible. It will take the lead in defining sustainable land use practices.

22.IV.29 Environmental regulations will be incorporated into all leases or title conditions, regarding proper waste disposal, replanting, etc.

22.IV.30 Environmental impact assessments will be carried out for existing large-scale land uses (agriculture, effect of D&I on soil erosion) and they will be mandatory for any proposed land development scheme, before granting permission, and as a method of monitoring land use regards environmental degradation of the land resource.

22.IV.31 A special Parliamentary Committee will be established to examine, and make recommendations on, the distribution of land among the various races of the country. Although it will pay special attention to the claims for land which have been submitted by Amerindians and African Guyanese to the Constitution Reform Commission, the special Committee will also investigate any other submissions of other racial groups in the country.