Transfer of Property Act at Eritrea
In Eritrea, there is no law specifically titled the "Transfer of Property Act" as found in common law jurisdictions like India. Instead, property rights and transfers are governed through a combination of civil law principles, customary law, and government regulations, reflecting Eritrea’s unique legal system, which blends influences from Italian civil law, Ethiopian law, customary practices, and post-independence reforms.
Key Aspects of Property Transfer in Eritrea:
1. Legal Framework
Eritrea does not have a comprehensive codified civil code currently in force, but it uses:
Elements of the Ethiopian Civil Code of 1960 (which was in effect before Eritrean independence and is still influential in some legal areas),
Customary law (applied in local courts and rural areas),
Post-independence proclamations and government regulations issued by the Eritrean government.
2. Ownership of Land
All land in Eritrea is owned by the state. This principle is enshrined in the Land Proclamation No. 58/1994, which states that:
“Land belongs to the State of Eritrea and cannot be sold, exchanged, or mortgaged.”
Citizens can lease land for use (for residential, agricultural, or commercial purposes) under a system of usufruct rights (use rights), but not outright ownership.
3. Transfer of Property (Use Rights)
Since land cannot be owned privately, what can be transferred are rights to use or occupy the land (usually for 99-year leases in the case of residential land).
These rights may be assigned, inherited, or transferred, but only with government approval.
Transfers of buildings or structures on the land are permitted, but the land itself remains state-owned.
4. Customary Law
In rural areas, customary tenure systems still regulate land allocation, inheritance, and use. These systems vary by ethnic group and region but often involve:
Village elders or local councils overseeing allocation,
Gender-specific inheritance norms,
Communal ownership or rotation systems for agricultural land.
5. Registration and Formalities
Transfers of use rights or buildings must often be approved and registered with the local land administration office or municipality.
The transaction must be documented, and taxes or administrative fees may apply.
In urban areas, notaries and local courts may be involved in formalizing transactions related to buildings or lease rights.
6. Foreign Ownership
Foreign nationals cannot own land or property in Eritrea. Investment in land or property requires government authorization, typically under special investment laws or joint venture arrangements.
Conclusion
There is no "Transfer of Property Act" in Eritrea. Instead, land is state-owned, and what may be transferred are use rights or structures built on land. Transfers are strictly regulated under government proclamations, especially Land Proclamation No. 58/1994, and must follow formal procedures. Customary law still plays a significant role in rural land issues.
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