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W. ODAME LARBIPROJECT DIRECTOR
LAND ADMINISTRATION PROJECT
GHANA: EQUITY IMPLICATIONS OF LAND
CERTIFICATION
PRESENTATION OUTLINE
IntroductionLand rights and interests in Ghana and their
characteristicsThe need for land certificationThe key equity issues in land certificationEquity implications
GHANA AT A GLANCE
Country Profile Size : 238,540 km2
Population:23 million Population growth rate: 2.1% Urban population: 46.3% Urban population growth: 3.2% Economy: predominantly
agricultural (37.3% of GDP; employ 60% of rural labour force)
Land ownership pattern: State – 20% Customary – 78% Split ownership – 2%
LAND RIGHTS AND INTERESTS IN GHANA AND THEIR CHARACTERISTICS
Cardinal principle: there is no land without an ownerDominant form of land ownership is customary land
which represents all the different categories of rights and interests held within traditional systems (stools, skins, clans, and families)
The main customary rights in interests (in order of hierarchy) Allodial interests - customary interest not subject to any
restrictions on rights of user or obligations other than restrictions or obligations imposed by statute
Customary freeholds – the rights to land subject to only such restrictions or obligations as may be imposed upon a subject of a stool/skin/family who has taken possession of stool or family land either without consideration or upon payment of a nominal consideration
Share cropping where the proceeds of a farm are divided according to pre-determined arrangements
LAND RIGHTS AND INTERESTS IN GHANA AND THEIR CHARACTERISTICS
Share farming where the land rather than the proceeds are divided according to pre-determined arrangements
Alienation holdings – lands acquired outright by a non-member of the land owning community
Gifts Other customary tenancy arrangements Community’s common property rights – rights to
secondary forest produce, water, common grazing grounds, etc.
A range of derived/secondary rightsCustomary rights and common law rights
(freeholds and leaseholds) often co-exist in the same piece of land
LAND CERTIFICATION
Two types of systems operate in Ghana: Deed Registration Title Registration
Deed RegistrationThe authoritative recording of instruments/transactions
affecting land which provide prima facie evidence of rights and interests in the particular piece of land
Title Registration The authoritative adjudication and recording of the
title to a piece of land Registration is by reference to the land itself and not
instruments affecting the land Title is state guaranteed
TYPES OF CERTIFICATION
Deed Registration Operates in nine regions of the country Through the LAP a Land Registry has been
established in 8 regional capitals
Title Registration Operates in the Greater Accra Region and Kumasi
(Awutu-Senya has just been declared a title registration district to pilot systematic rural titling under MiDA Project)
LAND CERTIFICATION - COVERAGE
Deed Registration Operates in nine regions of the country Through the LAP a Land Registry has been
established in 8 regional capitalsTitle Registration
Operates in the Greater Accra Region and Kumasi (Awutu-Senya has just been declared a title registration district to pilot systematic rural titling under MiDA Project)
DEED REGISTRATION- FEATURES
It is not compulsoryIt is not systematicEven though it is not by reference to a plan
(in the law) in practice the Lands Commission records the instruments by reference to a plan before registration
Site plan must receive prior approval by the Regional Surveyor
TITLE REGISTRATION - FEATURES
Even though the Law provides for a systematic approach to registration in practice it is sporadic
Even though the Law provides for compulsory registration in practice it is demand driven. There is no sanction against default other than the state being registered as the proprietor. The history of property ownership does not support the implementation of the provision.
Adjudication is at three levels The Chief Registrar/registrars The Land Title Adjudication Committee The High Court
Ensures quick and safe land transactionsAssures security of tenurePreparing to pilot a systematic approach
THE NEED FOR CERTIFICATION
Two Beneficiary Assessment of Land Registries established under the LAP concluded that the need for land registration stems from: Increased demand for land Increased commodification and commercialisation of
land rights Demand for documentation to determine root of title Demand for documentation of land transfers Security of tenure offered by land certification Reduction in litigation Reduction in turn-around time Proximity to Land Registry Access to credit
REGISTRATION OF LAND RIGHTS - 2006
Registry Males Females Joint Corporate
TOTAL
Accra (LTR)
- - - - -
Sunyani 319 115 21 40 495
Tamale 198 41 14 2 255
Bolgatanga
145 40 9 39 233
Wa 264 61 12 17 354
Koforidua 872 402 194 230 1698
Sekondi 591 190 113 122 1016
Ho 202 71 3 56 332
Cape Coast
145 184 - 86 415
TOTAL 2736 1104 366 592 4798
REGISTRATION OF LAND RIGHTS - 2007
Registry Males Females Joint Corporate
TOTAL
Accra (LTR)
854 391 315 230 1790
Sunyani 174 69 7 24 274
Tamale 143 37 3 27 210
Bolgatanga
71 24 1 7 103
Wa 408 106 23 16 553
Koforidua 457 233 143 114 947
Sekondi 513 198 73 86 870
Ho 262 84 28 72 446
Cape Coast
416 179 71 52 718
TOTAL 3298 1321 664 628 5911
CUSTOMARY LAND SECRETARIATS
Local land administration structures for the customary land owners Integral part of the structures for customary land
management Assist the customary land owners to improve the
management of their land Accurate and up to date records keeping for the
customary land owners Local source of information about land ownership and
land use to improve equity and reduce vulnerability 38 CLSs established throughout the country
SYSTEMATIC TITLE REGISTRATION
Systematic surveying, inventory and systematic title registration of properties. This approach will capture in a comprehensive way the rights and interests existing in various parcels application of the section by section, block by block,
parcel by parcel and the one parcel - one visit principle to ensure that all relevant information required for the issuing of title are collected in an efficient, participatory and effective manner
Piloting in urban areas (target 50,000 properties) under LAP and in rural areas under MiDA
Use of modern technology (DPT) to improve efficiency and reduce cost
To be completed by end of 2009
KEY EQUITY ISSUES IN LAND CERTIFICATION
The objective is to ensure that land certification does not lead to: Loss of land rights Diminution in the quantum of land rightsBut rather captures the defacto rights as accurately as is
possible in terms of both spatial and attribute dimensionsKEY AREAS TO WATCH
Surveying and adjudication must be participatoryCost must be affordableBureaucracy must be simple (processes and
procedures)Special effort must be made to include the
vulnerable
THE VULNERABLE IN LAND CERTIFICATION
Increasing level of vulnerability
Vulnerability increases in cases of no or improper documentation
Allodial interest Freeholds (purchased lands) Leaseholds Customary freeholders in
peri-urban areas Customary freeholders not
close to the decision- makers Customary tenants Women in rural communities Third generation
beneficiaries of customary gifts
Communal rights Derived/Secondary rights
EQUITY ISSUES IN LAND CERTIFICATION
The challenges Customary system of land ownership requires careful
analysis and understanding to be able to capture existing land rights, their quantum and caveats
Customary system does not lend itself to the rolling out of large scale certification programmes at the state level
Large nature of informal and unrecorded transactions Customary transactions – e.g. customary gift The format for capturing data and the nature of
certification
EQUITY ISSUES IN LAND CERTIFICATION
Next issuesUndertake impact assessment on land
certification and vulnerabilityUndertake baseline studies for the pilot rural
land titling
CONCLUSION
Land certification in whatever form it takes is very useful for building land administration infrastructure which is necessary for land markets
Care must be taken so that the rights of the vulnerable are not lost in the process
Land certification must give hope and security.
Thank you.