Land Tenure among the Amhara of Ethiopia by Allan Hoben (1973)

Page 159

Rist Rights

.he has had by her. I-le n1ay have brougl1t the land i 11to culti足 vation ancl retainecl jt beyo1 1d tl1e recognized period of ti 1 11e. Alternatively, fields l1eld beyazis/1 are ofte1 1 fields in wl1ich the holder forn1erly l1ad a rist rigl1t but whicl1 have been "left bel1i11d'' in a reallocation of 1 11inzir abbats' land follow足 ing a major la 1 1cl disJJlite. Tl1is is n1ost likely to occur if tl1e holder is an elderly and res1Jected parishioner and the field in qtiestion l1as bee1 1 fertilizecl over the years with asl1es a11d dt1ng fro.n1 his l10 1 11estead. U_po1 1 l1is death, however, l1is heirs 1 nay be asked to give u_p tl1e field. Regardless of l1ov;, he 11as co1 11e to l1ave a field beyazish, a n1an's cl1ances of retai11ing it are 1nuch better if it is tl1e site of I1is l1on1estead tl1a 1 1 if it is 11ot. For this reason 111en often b11ild their l10111esteads on wife's land, exchangecl la 1 1d, loa 1 1ecl la1 1d, or other la11d i1 1 wl1icl1 tl1ey l1ave a te1 11 1011s clai 111 i11 order to "bole! it dow11. '' Sig11ifica 11t as it is in ter 1ns of freq11 e11cy and strategy, the holdi1 1g of land beyazish, or 1nere possession, does 11ot co1 1stit11te a legally recog1 1izecl type of land rigl1t by wl1ich a field ca11 be defe11ded. To s11 1111 11arize, tl1e rights thro11gh wl1ich a ma1 1 is able to obtai 1 1 a11cl defe1 1cl tl1e 11se of far1n land i11 Dega Da1not i11cl11de rist rigl1ts wl1icl1, in JJrinciple, are l1ereditary, inalien足 able, ancl i1 1extinguisl1able, a11d otl,er rigl1ts to la11d vvhicl1 are, in JJrinciple, 1101 1hereclitary, alie 1 1able, a11d te 1 11porary. I11 a se11se, tl1ese otl1er rights are derivative of rist rigl1ts; for tl1ey are invariably rights i11 la11d wl1ich is eitl1er sorneone else's rist or lar1d over wl1icl1 110 i11divid11al, 011ly a descent cor1Joratio 1 1, prese11tly l1as rist rights. Rist rigl1ts c1nd rist lane!

I111porta11 t as tl1ey are in establishing a legal clai1n to la11d, rist rights do not, in tl1e111selves, ensure their l1older JJOssession of a partic11lar field of rist la11d, or, indeed, of any la11d at all. I11 fact, wl1ile the 11ature of la11d rights and of the la1 1d ten1 1re syste1n i11 general are considered pate11tly clear and unam足 biguot1 s by all i 11terested elclers, the right tl1at a particular perso11 has to a particular field is ofte1 1 subject to 111t1ch doubt 141


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