Appendix B: Sample legal proof of land control

This methodology has been intentionally broadened to include both owners, and stewards of land

Carbon projects have failed in many areas where groups were unable to qualify for legal land rights, but still had control of the land, and thus continued deforesting illegally.

Biodiversity is different than carbon, animals are more likely to be hunted or trafficked by parties that have land access, but not necessarily land ownership. Therefore we have broadened the applicability of this protocol to the concept of land control.

Land control is defined as, and may encompass: ownership of land, possession of land in a BCP, or stewardship of land in a BCP. This methodology requires evidence of a BCP presence on, regular visitation to, or management authority over the land enrolled. And project areas must be entitled to receive payments to protect it.

A sample protocol for land ownership as compared to land stewardship is provided in this annex for projects working under Colombian national jurisdiction. BCPs must follow national requirements for their jurisdiction.

B.1 Colombian land ownership requirements.

Under Colombian law, land can be held in ownership or stewardship. Ownership documents:

• Title: The legal title of ownership of the land. Resguardo titles are issued to Indigenous peoples.

• Escritura: A deed which entitles the holder to legal ownership of the land.

The Colombian government requires Escritura or Title as a vehicle for proof of land ownership, and current international certifying standards for carbon markets do as well.

B.2 Colombian land stewardship requirements.

In addition to ownership, Colombian law recognizes land stewardship, occupancy, or possession through the Compreventa document.

• Compreventa: Purchase agreement which is inadequate to prove legal ownership of the land, but can provide documentation of long-term stewardship for eventual progression to land ownership.

A sample mechanism for legal requirements is given below.

Table 8: Additional requirements for documentation of land stewardship under Colombian law.

Document	Requirements
Sale document	Authenticated or unauthenticated written document in which the sample applicant who acquired the property by sale must contain at least the date of subscription, the name of the seller and buyer, the sale price, the method of payment , the detailed description of the property.
Affidavit of Sound Posession	Declaration out of court before a notary, and signed by two wittnesses to exercise sound possession.
Community certification	Certificate of being a member of the community action board of the respective jurisdiction where the property is located.
Land survey	Location plan and location of the property. It must have a true description of the property, whether it is the registration page, topographic survey, description of boundaries and/or milestones where the location and area of the property and the surrounding areas are established in detail.
Property tax reciepts (if available)	You must prove the payment of property tax in applicable plot for the last 5 years.