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Cities
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Who feels secure in customary tenure and why? A triangular framework of
perceived tenure security in China's small property right housing
Mengzhu Zhang, Shenjing He
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Department of Urban Planning and Design, The University of Hong Kong, Pokfulam Road, Hong Kong, China
The University of Hong Kong Shenzhen Institute of Research and Innovation, Shenzhen, China
ARTICLEINFO
Keywords:
Customary tenure
Tenure security
Social capital
Housing informality
Small property right housing
ABSTRACT
Customary tenure is inherent to the informal urbanisation process and institutional ambiguity in the developing
world. However, factors that influence perceived tenure security remain poorly understood. We develop an
analytical framework to understand the constitutive and heterogeneous nature of perceived tenure security. We
employ social capital theory to explicate the individualised perception of exogenous threats. Focusing on China's
small property right housing (SPRH), we examine the proposed conceptual framework and uncover the het-
erogeneous formation of perceived tenure security, which is shaped by homeowners' structural social capital that
decides their capability of seeking backing power against external threats from the state and the village. Our
hypotheses are substantiated by an analysis of empirical data collected from a household survey and ethno-
graphic investigations in Beijing. Results show that homeowners with adequate structural social capital, namely,
local buyers, those working in the public sector and more embedded in the community social network tend to
perceive higher degree of security in their tenure. The inconsistent effects of villages' acquisition of political
patronage for customary tenure on homeowners' perceived security suggest a triangular rivalry among the state,
village and homeowners on the land rent of SPRH.
1. Introduction
Informal settlement and customary tenure under institutional am-
biguity amidst the rapid urbanisation processes are long-lasting phe-
nomena in third-world (World Bank, 2003). Customary tenure refers to
the ownership of land and house that is extralegally defined by informal
rules, customs, and moral concepts (Fitzpatrick, 2005). Neoliberal
economists critiqued this idea for discouraging investments and making
land un-marketable ‘dead capital’, which impedes the economic growth
and poverty alleviation of developing countries (de Soto, 2000). The
key assertion made here is the exclusive role of legal titling in affording
security to tenure that encourages investment in land and affords re-
sidential stability, which thus calls for radical reform on customary
tenure systems (de Soto, 2000). Paradoxically, extensive failures of
formalisation programs in Africa and Latin America during the 1980s
engendered the reconsideration of legal tenure not as the optimal
model. This is because that, existing customary tenure in some cases, is
adequate for reducing danger of encroachment and thus providing te-
nure security (Fitzpatrick, 2005). Under the rubric of breaking the le-
gal–illegal dichotomy of tenure right (Varley, 2002), ever-growing
efforts have been made to elucidate the formation of perceived security
on customary tenure and how it impacts informal landlords' socio-
economic behaviour (Nakamura, 2016; Payne, 2001, 2002; Van Gelder,
2009). These insights theoretically and empirically unravel the het-
erogeneous and constitutive nature of perceived tenure security, which
is (re)shaped by the internalisation process of changing exogenous risks
(Ferreira & Ávila, 2018; Payne, 2002; Van Gelder, 2009).
Notwithstanding these localised yet fragmented efforts on under-
standing the concept, perceived tenure security is yet to be adequately
theorised in a coherent analytical framework. The structural institu-
tional settings that produce exogenous threats and individualisation
process of these threats should be considered. Therefore, this study aims
to fill this research gap by advancing Van Gelder's (2009, 2010) tri-
partite view on tenure security. Although van Gelder crystallises the
distinctions and interrelations among legal, de facto and perceived te-
nure security, how perceived tenure security diverges from de facto
tenure security is not well addressed. Hence, we try to fill this gap by
introducing social capital theory to explicate the individualised per-
ception of threats and risks from external situations. In this regard, we
relate the different perceptions of tenure security at the individual level
https://doi.org/10.1016/j.cities.2020.102900
Received 9 July 2019; Received in revised form 18 May 2020; Accepted 10 August 2020
⁎
Corresponding author at: Department of Urban Planning and Design & Social Infrastructure for Equity and Wellbeing Lab, Faculty of Architecture, The University
of Hong Kong, Pokfulam Road, Hong Kong, China.
E-mail address: sjhe@hku.hk (S. He).
Cities 107 (2020) 102900
0264-2751/ © 2020 Elsevier Ltd. All rights reserved.
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