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.