Patrick H. Hase
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9789888139088
- eISBN:
- 9789888180707
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888139088.003.0006
- Subject:
- History, Asian History
According to customary land law, when someone wanted to sell his land, he must offer the right of first refusal to his nearest relatives, then other members of his clan before he could offer it to ...
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According to customary land law, when someone wanted to sell his land, he must offer the right of first refusal to his nearest relatives, then other members of his clan before he could offer it to outsiders. Sales of inherited land can be seen as a breach of an informal trust and that selling to an outsider might upset the clan and the village community. Frauds and collusion were often checked by the village. The sale of the land among members of the clan was often conducted through an oral agreement, while selling to outsiders required a written deed. The deed often stated that immediate family members had been offered the land but had been unable to take up the offer. The deeds also show that the reason for the sale was either starvation or extreme poverty.Less
According to customary land law, when someone wanted to sell his land, he must offer the right of first refusal to his nearest relatives, then other members of his clan before he could offer it to outsiders. Sales of inherited land can be seen as a breach of an informal trust and that selling to an outsider might upset the clan and the village community. Frauds and collusion were often checked by the village. The sale of the land among members of the clan was often conducted through an oral agreement, while selling to outsiders required a written deed. The deed often stated that immediate family members had been offered the land but had been unable to take up the offer. The deeds also show that the reason for the sale was either starvation or extreme poverty.
