Reflecting on the state of Ghana land administration after 63 years of independence

After 63 years of independence, dealings with land in Ghana is still not smooth as there are several records and news about clashes on land leading to brutalities, loss of money and even life. Acquiring land in Ghana, securing title to it and its development has become a burden or cumbersome task amidst lots of fear and panic causing health related issues.

By article 258 of the 1992 Constitution, and the Lands Commission Act, 2008 (Act 767), the Lands Commission (LC) as a corporate body was established to ensure proper regulation to the acquisition and the use of lands in the country by both citizens and non-citizens.

Among other functions of the LC include;

1. On behalf of the government; manage public lands and any other levels vested in the President by the Constitution or by any other law and any lands vested in the Commission;

2. Advise the Government, local authorities and traditional authorities on the policy framework for the development of particular areas of the country to ensure that the development of individual pieces of land is coordinated;

3. Formulate and submit to Government recommendations on national policy with respect to land use suitability and capability;

4. Advise on, and assist in the execution of, a comprehensive program for the registration of title to land throughout the country;

5. Establish standards for and regulate survey and mapping of the country;

Provide surveying and mapping services where necessary;

License practitioners of cadastral survey

Ensure that through sound, sustainable land use planning, socio-economic activities are consistent with the long-term national development goals;

In collaboration with other bodies instill order and discipline into the land market through curbing the incidence of land encroachments, unapproved development schemes, multiple or illegal land sales, land speculation and other forms of land racketeering;

In collaboration with other bodies minimize or eliminate, where possible, the sources of proacted land boundary disputes, conflicts, and litigation in order to bring their associated economic costs and socio-political upheavals under control;

Promote community participation and public awareness at all levels in sustainable land management and development practices to ensure the highest and best use of land;

Promote research into all aspects of land ownership, tenure and the operations of the land market and the land development process;

Establish and maintain a comprehensive land information system;

This is in its right direction because, land is a non-renewable natural resource, a gift from nature that does not expand nor increase per time.

However, by nature, human population increase with increasing land use activities such as; farming, infrastructure, mining etc. The demand for land therefore keeps on increasing from time to time especially at the urban and peri-urban centers. Land must therefore be used wisely from generation to generation.

This means that any country that does not manage its lands well is a country without future. Proper land administration is therefore a key to a country’s futurity for a sound sustainable socio-economic development.

Though, the Ghana LC is making all efforts to ensure proper regulation in the land sector, its achievements have not been up to expectation as compared to the intended plans at independence. His Excellency, the first President of the republic of Ghana, Osagyefo Dr. Kwame Nkrumah had good plans towards our land administration looking at the way he situated or sited his projects appropriately across the country and even in the establishment of cities like Tema and Sunyani.

The Land Administration Projects (LAP) and other interventions by the Ministry of Lands and Natural resources to make land transactions smooth in the country is seeing average success. For example, there has not been any significant results to the merger of the Survey Department, Land Valuation, lands commission, and the deed/tittle registry to form the new Lands Commission apart from the intended good reasons to become a one stop shop for all lands related business.

The increasing fee of acquiring Regional Number is not all that needed since Regional Number cannot be used as a unique identifier as it is assumed. Even how this regional numbers are been understood to be used has become a bone of contention among the gurus of the profession and some times vary from region to region.

However, presently the best unique identifier of a land parcel must be the use of the Ghana post AsaaseGPS taking at the corners and the middle of a land parcel.

The digital address system can help or can be used in generating a unique identifier for a land parcel. This however must not replace the normal technical survey work that is needed to be conducted on a land parcel for the purpose of producing a cadastral/barcoded plan.

Several problems associated with Ghana’s land administration include the following;

1. No proper regulation in the land market (leasing and acquiring lands) in the country

2. The existing land use regulations are not being enforced.

3. No fairness in land distribution in the country. Thus, the rich and powerful people are favored than the poor etc.

4. Inappropriate and unregulated sale of lands.

5. Ratio of licensed surveyors to population is inadequate; there are only one hundred and sixty (160) Licensed Surveyors (LS) currently in the country. Meanwhile Ghana’s population as at 5th, March, 2020 is estimated to be 30,858,242 people (source: Worldometer). This means that every one LS is to approximately serve 192,864.012 people. Which mathematically means that; 1LS: 192,864 Ghanaians. This is disturbingly deficient.

6. Per the Lands Commission Act, it is only LS who can be appointed by the Court to conduct court order surveys for land litigation apart from the Survey and Mapping Division of the Lands commission. Meanwhile the ratio of LS to a court is 2.36 since there are a total of 379 courts in the country. Thus, 160 LS: 379 public courts. So, at any particular court sitting there shall be about 219 courts unattended to by a LS. This is affecting justice delivery at the various state courts in the country.

7. Looking at the total lands size of the country which is 87854 square miles or 56226560 acres, 160 Licensed Surveyors are woefully inadequate to handle. Thus, one Licensed Surveyor is to 549.088 square miles or 351416 acres is not encouraging for effective and efficient cadaster delivery for land administration in the country.

8. The land use in the country is not futuristic for a sustainable socio-economic development for the country. As at 1957 where Ghana population stands at 6092448 people, the ration of 1 person to land was 9.22 acres or 1: 0.0144 square mile but now the ration for one person to a land parcel is 1:1.12 acres or 1:0.0017 square miles.

9. Inconsistency in Approval fees and other charges at the various Lands Commission offices throughout the country.

The statistical data provided above is very alarming and thus pose threat to the administration of Ghana lands. The following recommendations therefore need immediate attention;

1. Land use regulatory body needs to be established to effectively regulate the land enterprise in the country.

2. More professional Surveyors must be licensed to enhance efficiency in the cadaster delivery in the country.

3. Decentralization of the lands commission to the district levels to enhance easily accessibility by individuals. This will also speed up land transaction and registration process.

4. Stakeholder participation in the Lands administration to reduce double sales/registration and land conflicts.

5. Lands reservation for future state use is very critical.

6. Land reservation for agricultural purpose is of the outmost importance.

7. Public education is necessary.

8. Lands Commission should be equipped with the needed human and material resources to enable them function well.