PRACTICE , CHALLENGES AND OPPORTUNITIES PRESENTATION ON LAND TENURE IN GHANA: PRACTICE , CHALLENGES AND OPPORTUNITIES By SURV. TIMOTHY ANYIDOHO (MGhIS)

CONTENT Introduction/Definition of Land Tenure Land Tenure In Ghana Laws That Govern Land Tenure In Ghana Ownership and Registration Processes Land Tenure Practical Process Challenges in Land Administration Efforts at Improving Current System Land Tenure annd Real Estate Development Role of the valuer Conclusion No linkage to real estate developers

INTRODUCTION/ DEFINITION OF LAND TENURE Land Tenure is an aspect of Land Administration governed by the National Land Policy of Ghana. “The nature of legal estate in land” Usually bound to the Social, Political and Religious structures and beliefs of a society In recent times has been closely associated with the economic growth of a society

LAND TENURE IN GHANA Pre - Colonial Era – No centralized State, existence of autonomous kingdoms Allocation and distribution was done by oral traditionetc. Colonial Era - The period was marked by the acquisition of territories by Western European Countries Introduction of foreign laws such as:British common law, a declaration of eminent domain Post Colonial Current State- The current practice has resulted from a compromise between the customary system and the colonial system.

LAWS THAT GOVERN LAND TENURE IN GHANA The state lands Act Administration of lands Act Land Title Law Statutory wayleaves Act The Lands Commission Act

OWNERSHIP AND REGISTRATION PROCESSES The current Constitution of Ghana identifies 4 main categories of land ownership Public/State lands Vested lands Stool/Skin lands Private/family lands Major processes in Land Administration include; Deeds Registration Title Registration Concurrence Consent Too much information

LAND TENURE PRACTICAL PROCESSES Public/State lands & Vested lands – Application to Lands Commisssion Name, Occupation, Evidence to pay Nature of Use. Considered by Lands Commission Offer letter Payments Lease preparation Execution & Indexing Stamp Duty LVB or LVD Land Title Registry

LAND TENURE PRACTICAL PROCESSES (CONTD) Stool/Skin lands – Law Article 266 – Desposition of stool land must be with development plan Concurrence/Concent Contract between Parties ( Indenture with Approved site plan LI 1144) Presentation at Lands Commission Check on records and capacity of grantor/stool Letter to appropraite Metropolitan,Munucipal and District Assemblies. Signing of Concurrence & Plotting

LAND TENURE PRACTICAL PROCESSES (CONTD) Private/family lands - Contract between Parties ( Indenture with Approved site plan LI 1144) Stamp Duty Land Title Registry/Division: Lodgement Card, Survey (Cadestre), Lands Commission Search, Publication in Papers, Execution of Certificate or Adjudication Committee (For Greater Accra Region and Parts of Ashanti Region) Deeds Registry in all other Regions – Present At Lands Commission, Plotted, Forwarded to Deeds Registry for registration

CHALLENGES IN LAND ADMINISTRATION High level of insecurity of tenure which can be attributed to: Several chieftancy disputes Boundary disputes No uniform customary procedure Too many laws (which are sometimes conflicting) Too many state institutions ( overlapping functions) Excessive Land Litigations (due to legal pluralism) Corruption and Fraudulent deals Dishonesty, lack of transparency and accountability by customary elders

EFFORTS AT IMPROVING CURRENT SYSTEM Land Administration Project – New Law Act 767 2008, Customary Land Secretariates, Inventory of State Lands Country Wide Citizens Charter Decentralization of Activities Collaboration with Metropolitan Municipal and District Assemblies ( Act 462) Less State aquisitions without payment of compensation (Article 20 Constitution)

Land Tenure and Real Estate Development Cost of acquisition and development financing Security of Tenure – Marketing Importance of contractual agreements Availability of land for real estate development Role of other professionals and agents

Role of the Valuer Valuation of property Capital Valuation Mortgage Valuation Insurance Valuation Appraisal of property Joint Venture Valuation Assert Valuation Estate Management functions

Conclusion Land Tenure in Ghana can be most beneficial if characterised by the following; Transparency Efficiency Professionalism and Customer- oriented services

DISCUSSIONS