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

2. 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

3. 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

4. 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.

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. EFFORTS AT IMPROVING CURRENT SYSTEM
Land Administration Project – New Law Act , 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)

12. 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

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

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

15. DISCUSSIONS