PAKISTAN - LAND DISPUTES
INTRODUCTION
Land disputes are common in Pakistan. Legal and judicial systems exist, but the courts dealing with land disputes are overwhelmed with backlogs and subject to corruption.
(a) Who are landowners?
Landowners are people and businesses that own or have an interest in the various parcels of land and buildings. Examples might include vacant or derelict sites or buildings, farmland, residential property, industrial units, shops, or woods and green space.
(b) Who are developers?
Developers are people or businesses that invest in development projects. Developers can come in all shapes and sizes from the well-known large scale commercial builders, all the way through to a local resident that wants to develop a small plot of land for a commercial purpose.
LITIGATION THE BEST OPTION?
Land disputes are prevalent in rural and urban areas across Pakistan. Illegal dispossession of land is reported to be largely committed by influential persons including developers, builders or heads of large communities.
Litigation is costly and time consuming and yet many individuals think this is the only way to get access to justice, despite the fact that alternative methods of dispute resolution are being encouraged by the courts. There can be benefits associated with taking a dispute through the traditional litigation route but very often the reasons for doing so are flawed and do not lead to the best outcome.
According to the USAID report: ‘Pakistan’s formal court system also has jurisdiction to hear land cases, creating a parallel structure of courts. Land disputes are the most common form of dispute filed with the formal court system, perhaps in part because filing a case may stay a pending revenue court proceeding. Pakistan’s judiciary is hampered by low pay, poor training, and a large volume of cases. Between 50% and 75% of cases brought before lower-level civil courts and the high courts are land-related disputes. By one estimate, over a million land cases are pending countrywide. Major causes of land disputes are inaccurate or fraudulent land records, erroneous boundary descriptions that create overlapping claims, and multiple registrations to the same land by different parties. Credible evidence of land rights is often nearly impossible to obtain. Land cases can take between 4 and 10 years to resolve, with the party in possession of the land delaying adjudication in order to prolong the period of beneficial use. Appeals are assumed' *1
Litigation should be viewed as the option of last resort for the resolution of a dispute. ADR (Alternative Dispute Resolution) provides an alternative to the traditional court system in providing a remedy to disputing individuals where possible. This approach is considerably less adversarial than litigation, is focussed on reaching an acceptable settlement and offers a significant reduction in both time and cost.
IMPARTIAL, INDEPENDENT & QUALIFIED ARBITRATORS
Whilst most people have heard of arbitration and its use in settling land, property and construction disputes, they often do not really understand how it works. The reality is that the arbitral community may well have failed to effectively explain the arbitration process; the fact that it is an inherently voluntary process which should always be overseen by impartial, independent and qualified arbitrators, it is an alternative, not a barrier, to the Courts and the traditional litigation process. Prime Dispute believes education is the key to explaining the benefits of arbitration to individuals, business and society as a whole. During the coming months we will be campaigning to ensure our message regarding the global potential for arbitration & mediation is voiced and heard.
BRIDGING THE GAP BETWEEN LANDOWNERS & DEVELOPERS
As part of our campaign to support emerging economies, Prime Dispute will:
(a) build an accredited 'Panel' of senior dispute resolution practitioners active in Pakistan;
(b) develop schemes to resolve land, real estate, construction and infrastructure disputes;
(c) encourage the use of ADR, produce guidance and training for land owners & developers.
Source:
*1 - United States Agency for International Development (USAID), ‘USAID Country Profile Property Rights & Resource Governance Pakistan’.
For further information please email [email protected]
INTRODUCTION
Land disputes are common in Pakistan. Legal and judicial systems exist, but the courts dealing with land disputes are overwhelmed with backlogs and subject to corruption.
(a) Who are landowners?
Landowners are people and businesses that own or have an interest in the various parcels of land and buildings. Examples might include vacant or derelict sites or buildings, farmland, residential property, industrial units, shops, or woods and green space.
(b) Who are developers?
Developers are people or businesses that invest in development projects. Developers can come in all shapes and sizes from the well-known large scale commercial builders, all the way through to a local resident that wants to develop a small plot of land for a commercial purpose.
LITIGATION THE BEST OPTION?
Land disputes are prevalent in rural and urban areas across Pakistan. Illegal dispossession of land is reported to be largely committed by influential persons including developers, builders or heads of large communities.
Litigation is costly and time consuming and yet many individuals think this is the only way to get access to justice, despite the fact that alternative methods of dispute resolution are being encouraged by the courts. There can be benefits associated with taking a dispute through the traditional litigation route but very often the reasons for doing so are flawed and do not lead to the best outcome.
According to the USAID report: ‘Pakistan’s formal court system also has jurisdiction to hear land cases, creating a parallel structure of courts. Land disputes are the most common form of dispute filed with the formal court system, perhaps in part because filing a case may stay a pending revenue court proceeding. Pakistan’s judiciary is hampered by low pay, poor training, and a large volume of cases. Between 50% and 75% of cases brought before lower-level civil courts and the high courts are land-related disputes. By one estimate, over a million land cases are pending countrywide. Major causes of land disputes are inaccurate or fraudulent land records, erroneous boundary descriptions that create overlapping claims, and multiple registrations to the same land by different parties. Credible evidence of land rights is often nearly impossible to obtain. Land cases can take between 4 and 10 years to resolve, with the party in possession of the land delaying adjudication in order to prolong the period of beneficial use. Appeals are assumed' *1
Litigation should be viewed as the option of last resort for the resolution of a dispute. ADR (Alternative Dispute Resolution) provides an alternative to the traditional court system in providing a remedy to disputing individuals where possible. This approach is considerably less adversarial than litigation, is focussed on reaching an acceptable settlement and offers a significant reduction in both time and cost.
IMPARTIAL, INDEPENDENT & QUALIFIED ARBITRATORS
Whilst most people have heard of arbitration and its use in settling land, property and construction disputes, they often do not really understand how it works. The reality is that the arbitral community may well have failed to effectively explain the arbitration process; the fact that it is an inherently voluntary process which should always be overseen by impartial, independent and qualified arbitrators, it is an alternative, not a barrier, to the Courts and the traditional litigation process. Prime Dispute believes education is the key to explaining the benefits of arbitration to individuals, business and society as a whole. During the coming months we will be campaigning to ensure our message regarding the global potential for arbitration & mediation is voiced and heard.
BRIDGING THE GAP BETWEEN LANDOWNERS & DEVELOPERS
As part of our campaign to support emerging economies, Prime Dispute will:
(a) build an accredited 'Panel' of senior dispute resolution practitioners active in Pakistan;
(b) develop schemes to resolve land, real estate, construction and infrastructure disputes;
(c) encourage the use of ADR, produce guidance and training for land owners & developers.
Source:
*1 - United States Agency for International Development (USAID), ‘USAID Country Profile Property Rights & Resource Governance Pakistan’.
For further information please email [email protected]
