ABSTRACT

Land titling is undoubtedly a crucial step in securing investments, sanitizing and providing some assurance for ownership in the land sector of the Ghanaian economy. However, the institution of formalized systems through registration and titling of lands which is considered a means to solve land conflicting issues has rather proven to be creating more uncertainties. The question remains as to why the nation is still yet to reap the full benefits of the Land reforms we are implemented over the years. This highlights the main objectives of the study which was to examine likely benefits of one such frameworks, the LAP bears on Land titling at the Lands Commission. In this regard, primary data was collected from 100 staff members of the Greater Accra Lands Commission. Findings of the study revealed that, Land reforms like the LAP often results in a number of benefits, some of which includes, more valuable lands, greater land security, investment, lower land conflicts, efficient land markets and economic development. However, it was found that, manual processes, unreliable land records, bureaucratic process and fraud are among key impediments that hinder the successful implementation of the LAP. Based on the findings of the study, the researcher suggested that, the policies concerning land titling and registrations that specifically deal with land rights such as land reforms, resettlement and state leasehold should be diligently reviewed with respect to their regulations, guidelines, training, and procedure. Also, enforcing the right land policies plays a pertinent role in eliminating all forms of uncertainties pertaining to owning lands. Thus the laid down rules must therefore be followed by the land users accordingly in order to obtain legal rights to their lands.

CHAPTER ONE – INTRODUCTION

  Introduction

Chapter one is an introductory section of the research. It presents the design of the study which entails the background of research, problem statement, objectives of the research, research questions, implication of the research, scope of the research, and the outline of the research.

  Background of Research

Land administration in Ghana, like many other African countries, is fraught with many challenges. From access to acquisitions and then to the registration, ownership of land is a challenge to both individuals, corporate entities and to governments on the African continent. This challenge seemingly hinders development right from the basic level at which people seek access to land for human settlement, to the level at which land is required to develop business ventures. Governments may also require land to undertake various forms of development in the interest of the general public and this is also hindered sometimes by not gaining rightful ownership of such parcels of land. It is therefore crucial that the processes that enables individuals, businesses whether small or big and the government to gain rightful ownership to land for the various developmental purposes to be properly stipulated and made to work.

Land titling according to Wikipedia is where an individual or a family is given property rights to a piece(s) of land which they formerly occupied informally. In effect the process of land titling gives legitimacy to entities seeking to be acknowledged as true owners of a piece of land. Advocates of this approach believe the process capacitates successful applicants of this form of land title to benefit from a number of benefits including the use of such documents as collateral etc.

Though the ownership of a land title or a title deed does not give the ultimate right in all cases around the world, it is a crucial step to giving some respite and assurance to developers. In some cases, though individuals and families have title documents on their estates or lands, it has not stopped governments from forcefully acquiring these lands for the interest of the general public. Such instances and examples have given critics of these forms of land ownership processes the basis to question the need to go through the hassle of acquiring these land ownership documents. In developing economies such as Ghana where land access and ownership is more often than not, an area inundated with litigations, the possession of any of the two documents gives a lot of protection. It is therefore not surprising that the Lands Commission offices across the country seem to be always flooded with applicants for the land title and deed certificates.

The challenges associated with land title has led to individuals and entities loosing investments because they could not prove true ownership in the events of litigations (Mishra, 2018). In a study of the Uttah Pradesh, one of the most populous states in India, it was discovered that investment in physical projects have been lost due to the stalling of such projects as a result of land litigations. It is feared that this difficulty in land administration in Ghana also is causing the state to loose valuable investments as investors both locally and on the international front fear losing their money if they invest in land and estates. Efforts have been made by successive governments to address the challenges associated with land ownership registrations across the country.

The Land Administration Project (LAP) in recent times has been one of the major interventions in the sector that promised to address several of the shortfalls in the registration and issuance of land certificates. However, over fifteen (15) years since the start of the implementation of the LAP Project, stakeholders in landed properties in Ghana are yet to see the true benefits of this project.

Land title and deed registrations are undoubtedly crucial steps in securing investments, sanitizing and providing some assurance for ownership in the land sector of the Ghanaian economy. These processes if further improved could go a long way to spur more physical infrastructure development from within the country and attract more foreign direct investment from prospective foreign investors. The question of why it is taking the nation so long to have a well laid down process, transparent enough and with appropriate timelines needs to be addressed. Further research into finding the challenges inhibiting the issuance of land title and deed registration documents, their causes and finding lasting solutions to them is pertinent to the development agenda of Ghana.

Statement of Problem

The institution of a formalized system through registration and titling of lands which is considered a means to solve land conflicting issues has rather proven to be creating more uncertainties. The indigenous land tenure system, through certain rules guiding land use and transfer, conveys a level of tenure security which could rather render land titling procedures less effective. Such tenure uncertainty in land deals creates a high demand for formalization of land ownership processes which were previously absent. However, when access and ownership of land circumstances are less satisfactory, a well-developed land tenure reform may also not be meaningful as compared to alternate rural policies. Close to two decades since the start of implementation of LAP I (year 2000), land administration challenges persist (Mahama, 2003)

In spite of extant literature highlighting the importance of land reforms on land titling and economic growth (e.g. Gough & Yankson, 2000: Kasanga & Kotey, 2001; Kusimi, 2008; Mahama, 2009). None of such studies has focused on the impact of the LAP on land titling. Thus, this research aims to bridge this research gap by assessing the impact of the LAP on land titling in Ghana as well the key challenges associated with the implementation of the LAP.

Research Objectives

The main objective of the research is to examine impact of the LAP on land titling in Ghana Specifically, this research intends to;

• To assess the impact of the LAP on Land Titling in Ghana

• To assess the key challenges associated with the Implementation of the LAP.

  Research Questions

This study seeks to answer questions below:

• To what extent does LAP on Land Titling in Ghana?

• What are the key challenges associated with the Implementation of the LAP?

  Significance of Research

Ghana with support of its development partners (DPs) introduced the LAP Project (LAP 1 2003- 2011 & LAP 2: 2011 – 2016) to streamline land administration processes in the country. LAP 2 was extended to 2018.

The study on land registration is crucial because “it puts ownership of the property on notice to the whole world and gives priority of the registered interest in the land over other unregistered interests” (Akwensivie & Abedi-Lartey, 2018). Findings of this study shed more light as to why after nearly 2 decades of the LAP reforms, land administration is still cumbersome and not meeting the needs of land stakeholders. The research is also a contribution to the existing knowledge on land reforms and their impact on development in the country.

Scope of the Research

The study will cover the Greater Accra Lands Commission and its various divisions. That is, all departments under the Commission as well as affiliated institutions with mandates to contribute to the proper administration of lands will be involved in the data gathering process of this research study.

1.6 Chapter Outline

Chapter 1 is an introductory section of the research. It presents the design of the research which entails the background of the research, problem statement, objectives of research, research questions, importance of the research, scope and the outline of the research. Chapter 2 provides an Overview of the Land Administration Project, and reviews the empirical literature related to Land Titling. In Chapter 3, the researcher presents the methodology used in achieving the research objectives stated in the introductory chapter. Chapter 4 presents findings of the analyzed field data and, and lastly Chapter 5 presents a synopsis of findings, draws conclusion and offers recommendations.