Land tenure is the relationship that individuals and groups hold with respect to land and landbased resources, such as trees, minerals, pastures, and water. There was an article on the ghanas joyfm website on july 12, 2003, entitled land tenure system is disruptive minister. Land tenure reform and customary claims negotiability in rural. The debate on formalization of property rights through registration of land, private versus customary tenure systems, and which system would best address the needs of vulnerable groups is also ongoing in ghana. Research from the university of london in the uk examines how legal pluralism might compare to a single state system for land rights in ghana and cote divoire. For convenience, land is used here to include other natural resources such as water and trees. Land tenure system has got its specific importance for the development of agriculture. The case study findings are used to test the assessment framework by using a scoring method. Assessment of land tenure related constraints to cocoa productivity in ghana 2 contributing to the increased vulnerability of local land administration processes to local political dynamics.
Types of land tenure systems in uganda land ownership in uganda. Accra was selected because it is the capital city of ghana with more complex land tenure ownership and registration procedures which slows investment and development. Shedding light on land tenure in africa world resources. Cases from wa, wechau and lambussie dominic tuobesaane paaga department of african and general studies university for development studies p. In august 2018, the local government of accra, ghana, in west africa, appropriated 1,800 homes for demolition to make way for, among others, tomato retailers. There is therefore the need for careful blend of customary land tenure with statutory. Gender and the land access and tenure security project.
Analysis of land tenure systems and its relationship with productivity in the agricultural sector in ghana 895 isser land tenure and land policy research project in ghana. Types of land tenure systems in uganda land ownership in. It is estimated that 80 percent of the land is governed by traditional rulers 22. Doc land tenure and conflict in rural ghana jose pep. Land tenure system in nigeria has been described as those systems which represent the relationship of man in society to land even though actual patterns may differ from community to community but there are certain uniformities of type in relations involved which make it possible to apply a common scheme of analysis 1 6. The land tenure country profiles presented here are a new edition of a continentwide set of profiles prepared and published by the land tenure center a decade ago, in 1986. Meeting on land tenure systems and sustainable development in southern africa held 1 3 october 2003, in lusaka, zambia, and their comments have been incorporated into this report.
Structures have to be adjusted and set in place to achieve this objective he standalone structure of the business process of land administration in ghana required from the client perspective attendance at several agencies in order to comply. In most parts of the country, particularly in the northern regions, women generally have difficulties in accessing land except where there is a male guarantor, or where. Land tenure documentation essentially entails the writing of the name of the person and the right held by the. Land tenure center, university of wisconsinmadison. The paper was conducted by a team of legal specialists from landesa, in conjunction with the alliance for a green revolution in africa agras1 ghana land policy action node node. Ghanas land tenure system impedes the countrys socioeconomic development, and is completely out of place in a modern, progressive country. Land tenure systems and agricultural production in malawi. These lands are known as customary lands and, according. Private ownership of land can be acquired by way of a grant, sale, gift or marriage. Feudal land tenure is a system of mutual obligations under which a royal or noble personage granted a fiefdom some degree of interest in the use or revenues of a given parcel of land in exchange for a claim on services such as military service or simply maintenance of the land in which the lord continued to have an interest. This is a system whereby a person pays a certain sum of money for the right of ownership of a piece of land. The flexible land tenure system flts is an innovative concept to provide affordable security of tenure to inhabitants in informal settlements in namibia the basic idea of the flexible land tenure system is to establish an interchangeable tenure registration system parallel and complementary to the current formal system of freehold tenure. The interest shown in the conference and debate on land tenure issues and challenges.
The land tenure system in ghana depicts the law of the jungle only the fittest of the fit can survive. There are various types of land tenure systems in uganda under under which citizens and foreigners can buy land, own and utilize it. Joseph blochert this note addresses the intersection of customary and statutory land law in the land tenure policy of ghana. Land acquired through this means can be used for any means. Land use regulations and urban planning initiatives in accra. Economic case for land tenure reform land tenure reform refers to a planned change in the terms and conditions on which land is held, used and transacted. Jun 24, 20 institutional reform has taken yet a different path in ghana, where customary tenure is recognized by national law and 80 percent of land is under customary tenure. Land and natural resources lie at the heart of social, political, and economic life in much of rural africa. Land tenure management systems in informal settlements. The issue of land tenure, allocation, distribution and management since the colonial times has been a bone of contention often leading to conflict as people scramble for the fertile, mineral deposited lands in the republic of ghana. Land tenure and related institutions gender and land rights.
The lands commission act of 2008 merged several major land sector. Lessons of experience and emerging issues lorenzo cotula, camilla toulmin and ced hesse february 2004 copies of this publication can be obtained from. How could the same land tenure system accommodate the largescale transition from food crops into cocoa at the opening of the 20th century and so dramatically inhibit investment in land productivity in the same area at the. In karamoja, land is owned under the customary land tenure system. The great majority of land in ghana is held informally, under customary tenure systems. It is an important factor affecting the present utilization of land in the world and it also serves as a legal instrument through which land reforms can be started or assisted. Background and justification tenure documentation is significant for every country, especially in the developing world. Land tenure policy and economic development in ghana joseph blocher follow this and additional works at. The ghana land policy action node was formed in 2012 to implement the threeyear land access and tenure security project latsip in the northern region of ghana, identified as a breadbasket area by the ministry of food and agriculture. Ghana is characterized by a pluralistic legal system in which customary and statutory systems governing land overlap. Land policies and agricultural productivity in nigeria reports of ukaejiofo 2007 and olayiwola and adeleye 2006 showed that traditional tenure system placed major constraints upon the achievement of efficient agricultural production and.
Land tenure system in ekiti state, nigeria felix o. Public lands are lands that are vested in the president for public use 24. Over the past few decades, attempts by governments in subsaharan africa to regulate or formalize asm as a result of the sectors increasing socioeconomic and environmental importance have largely been unsuccessful. Land tenure is the system of legal rights and obligations governing the holding, acquisition, use, and disposal of land. Ajibade, nigeria abstract land is a very significant property and is one thing that man could not do without. For cxamplc, famoriyo 1976 wrote that as far as the customary tenure system in nigeria was concerned, the attitude of colonial rulers in nigeria was paternalistic, iaissezfaire a attitude, of noninterference by the ruling authority. The project collected cross sectional data on respondents in six major areas. Land tenure and economic development in rural south africa. Land can either be owned in perpetuity or for a given period of time. Communal land is controlled by lineage or clanbased landowning groups and allocated to individuals or households on a usufructuary basis.
Ghana landlinks landlinks was created by e3land, a usaid. Alivelihood is sustainable when it can cope with, land tenure and rural development 3 2. Now estimates are that it takes more than ten years to settle litigation on land through the courts. Pdf in ghana, in common with much of subsaharan africa, land is mainly owned. For cxamplc, famoriyo 1976 wrote that as far as the customary tenure system in nigeria was concerned, the attitude of colonial rulers in nigeria was paternalistic, iaissezfaire. For many rural people, land and resources such as water. Land tenure reform refers to a planned change in the terms and conditions e.
This paper discusses the interface of anthropological research on land with policy positions across formative periodsfrom the colonial period through to the present as land tenure reform has repeatedly become a development priority. Box 520, wa, ghana abstract land disputes remain a major hindrance to land use and tenure security in most parts of ghana. The vast majority 68% of ghanas land is used for agriculture and 15% of it is used as permanent natural pastures. Debates on land rights in west africa tend to focus on customary forms of land tenure based on social norms rather than written documents they often disagree with state laws. West region of ghana and the land tenure systems in the region and second. Based on these findings, the team recommends a phased intervention that 1 provides a comprehensive. Individuals in this region primarily obtain land for. Review of existing land tenure arrangements in cocoa.
It also championed the struggle for independence and the political and economic emancipation of the rest of the countries on the continent in the 1960s. The land administration project lap1 is the first phase of a commitment by the government of ghana to use the land administration programme to reduce poverty and enhance economicsocial growth by improving security of tenure, simplifying the process of acquiring land by the populace, developing the land market and fostering prudent land. This may be necessary in order to avoid the suffering and social instability. It argues that improving the current land tenure policy demands integration of customary land law and customary authorities into the statutory system. The brevity of the profiles and their standardized organization across countries had made them a useful reference for a generation of development specialists. This system breakdown shows only one thing, and that is, lack of leadership in our nation. Land tenure system in nigeria has been described as those systems which represent the relationship of man in society to land even though actual patterns may differ from community to community but there are certain uniformities of type in relations involved which make it. Land in ghana is held from various stoolskin lands, families or clans, which are the allodial owners. Explaining the different types of land tenure daily monitor. Apr 30, 2009 the land administration project lap1 is the first phase of a commitment by the government of ghana to use the land administration programme to reduce poverty and enhance economicsocial growth by improving security of tenure, simplifying the process of acquiring land by the populace, developing the land market and fostering prudent land.
Introduction conditions under which a tenure system leads to increases in wealth as omotunde evan george johnson has shown, a land tenure system facilitates increases in wealth when a property rights are properly defined with legal and tenure certainty, and b there is. Perceived land tenure security and rural transformation. Ghana land tenure facilitation impact evaluation data. Findings the study has revealed that land tenure insecurity is still widespread in southern africa.
Officials had already begun plotting the land for its new use when residents of the largely poor neighborhood erupted in protest, to no avail. Tf053449canadian international development agency cida cofinancing for ghana. This blog has outlined the different types of land ownership in ghana. Vast areas of savannah and semidesert land are in tenure by pastoralists and indigenous communities. The land act 1998 identifies the four forms of land tenure systems in uganda which include customary, leasehold, freehold and mailo, grants. It is the major determinant factor for the existence of man, plants and animals. New lands commission bill to merge 4 land agencies into one laid before parliament. Four years ago, naboth amanya paid shs15m for seven acres of land in mpambire village, along masaka. Since 2004, 37 customary land secretariats clss have been created to assist chiefs and elders with the administration of customary land. Empirical evidence from ondo and kano states the objectives of the research described in this report are to.
The evaluation methodology is a spatial regression discontinuity design. Land tenure is important in rural development interventions which place an emphasis on building peoples endowments of assets so they can enjoy sustainable livelihoods. Customary land tenure system in ghana and its problems yen. Most of the land in ghana is held under customary tenure, and although some state laws, e. Land tenure policy and economic development in ghana, 9yale hum. Customary land tenure and its implications for land disputes in ghana. Ghanas land tenure systems under the existing arrangement, traditional landowning authorities stool chiefs, clan heads and skins hold allodial absolute ownership title to land on behalf of. Issues and options for improved land sector governance in.
Review of existing land tenure arrangements in cocoa growing areas and their implications for the cocoa sector in ghana. Ghana land administration project english the world bank. About 80 percent of land in ghana is under customary tenure pande and udry 2005. Influence of land tenure practices on artisanal mining. In africa, a large portion of arable land is in tenure by smallscale farmers often women. Each land deal whether transparent or opaque deprives customary land users of two of their most relevant resources. There have been numerous attempts to reform ghanas land tenure system. The land tenure system is often described as communal. Land tenure policy and economic development in ghana.
New study analyzes land tenure in ghana land portal. This paper analyses the land tenure system and the social and economic setting under which migrant fulani pastoralists and the. Communal land is controlled by lineage or clanbased land owning groups and allocated to individuals or households on a usufructuary basis. Customary land tenure and its implications for land disputes. Understanding these as well as our post on how to avoid land litigation will help to prevent any struggles when you decide to acquire land types of land ownership. Pdf land tenure and the management of land and trees. Land tenure, property rights, and local land governance.
Assessment of land tenurerelated constraints to cocoa productivity in ghana 2 contributing to the increased vulnerability of local land administration processes to local political dynamics. Latsip is being implemented in the northern region by a consortium of ghanaian and international organizations. Most of the agricultural land in ghana is under communal ownership. Land tenure, land use and land acquisition in nigeria. Tenure security and demand for land tenure regularization in nigeria.
Land tenure may be defined as the terms and conditions on which land is held, used and transacted. A fundamental goal of tenure reform is to enhance peoples land rights and thus provide tenure security box 2. Pdf this study explores the effects of land tenure institutions on land use and. Its components are the system of land ownership and system of labour organization. Tf noname bbfaofood and agriculture organization fund. Land tenure rules define the ways in which property rights to land are allocated, transferred, used, or managed in a particular society. Land tenure policy and economic development in ghana joseph blocher this note addresses the intersection of customary and statutory land law in the land tenure policy of ghana. Challenges in land tenure and land reform in africa. They represent fundamental assetsprimary sources of livelihood, nutrition, income, wealth, and employment for african communitiesand are a basis for security, status, social identity, and political relations. Both male and female can acquire land provided the price is paid. Part of thehuman rights law commons this article is brought to you for free and open access by yale law school legal scholarship repository. This paper examines the issue of land tenure and how it influences artisanal and smallscale mining asm activity in ghana. Production in ghana project esp contracted the research team to conduct a detailed analysis.
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