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Native Trust Land
Native Trust Land in colonial Nyasaland was a category of land held in trust by the Secretary of State for the Colonies and administered by the colonial Governor for the benefit of African communities. In pre-colonial times, land belonged to the African communities that occupied it, and they were free to use it in accordance with local customary law. In the late 19th century, large areas of fertile land were acquired by European settlers, and the remainder became Crown land, which the colonial government could alienate without the consent of the resident communities. To give a measure of protection to those communities, in 1916 land in Native Reserves, which then amounted to about a quarter of the land in the protectorate, was designated as Native Trust Land, to be held in trust for the benefit of African communities. Later, in 1936, all Crown Land except game or forest reserves or that used for public purposes became Native Trust Land, and Native Authorities were authorised to allocate Trust Land to their communities in accordance with customary law. After 1936, Native Trust Land constituted over 80% of the land in Nyasaland and most African farmers farmed Native Trust Land (renamed African Trust Land in 1950) from then until Nyasaland gained independence as Malawi in 1964 and after.
==Pre-colonial land ownership==
In much of Malawi, the right of land ownership in pre-colonial times belonged under customary law to the African communities that occupied it. Community leaders could allocate the use of communal land to its members, but in general could not grant it to outsiders. Neither the leaders nor the current members of a community could alienate its land, which they held in trust for future generations. In 1902, the Parliament of the United Kingdom enacted the British Central Africa Order, which provided that English Law (including land law) would apply generally in the British Central Africa Protectorate, and that the Crown had sovereignty over all the land in the protectorate, which was held by others as its tenants. Customary law had little or no legal status in the early colonial period and little recognition or protection was given to customary land or the communities that used it.〔B Pachai, (1973). Land Policies in Malawi: An Examination of the Colonial Legacy, p. 685.〕
After 1860, the area that is now southern Malawi suffered insecurity through warfare and slave raiding: this led to the widespread abandonment fertile land. Local chiefs tried to gain protection from European companies and settlers who had entered the area from the 1860s by granting them the right to cultivate this abandoned, insecure land. The African Lakes Company, formed in 1877 to cooperate with the missions established in central Africa by combating the slave trade and introducing legitimate trade, claimed to have made treaties or agreements with several chiefs. Some of these treaties claimed to have transferred sovereignty to the company, which may have had the ambition to become a Chartered company.〔B. Pachai, (1978). Land and Politics in Malawi 1875-1975, pp. 36, 151-7.〕 Three others individuals also claimed to have purchased large areas of land. Eugene Sharrer claimed to have acquired 363,034 acres, and he had attempted to induce chiefs to give up their sovereign rights: he also possibly intended to form his own Chartered company. Alexander Low Bruce, the son-in-law of David Livingstone and a director of the African Lakes Company, claimed 176,000 acres, and John Buchanan and his brothers claimed a further 167,823 acres. These lands were purchased for trivial quantities of goods under agreements signed by chiefs with no understanding of English concepts of land tenure.〔J McCraken, (2012). A History of Malawi, 1859-1966, pp. 77-8.〕〔Sir Harry Johnston, (1897). British Central Africa, p. 85.〕
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