Acquisition and affordability of land for housing in urban …...Ahmed M. Salah Ouf Directorate of...

Acquisition and affordability of land for housing in urbanGhana: a study in the formal land market dynamics

RICS Research paper seriesVolume 6, Number 10 October 2006

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Corporate Professional Local

Callistus MahamaKwame Nkrumah University of Science and Technology,Ghana

Martin DixonUniversity of Cambridge, United Kingdom

Acquisition andaffordability ofland for housing inurban Ghana: astudy in the formalland marketdynamics

Volume 6 Number 10

October 2006

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October 2006ISSN 1464-648XISBN 1-84219-298-1

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Theme editorial advisoryboardKwame Addae-DapaahNational University of SingaporeSingapore

Saleh Al-HathloulMinistry of Municipal and RuralAffairsKingdom of Saudi Arabia

Lynne ArmitageUniversity of MelbourneAustralia

Paul AsabereTemple UniversityUSA

Bruce BoadenUniversity of Cape TownSouth Africa

Spike BoydellUniversity of Technology SydneyAustralia

Aditi ChatterjiUniversity of CalcuttaIndia

Hartmut HolzknechtThe Australian National UniversityAustralia

Rob HomeUniversity of East AngliaUnited Kingdom

Austin JaffeThe Pennsylvania State UniversityUSA

Kasim KasangaMinistry of Lands and ForestryGhana

Sim Loo LeeNational University of SingaporeSingapore

J.M. Lusugga KirondeUCLASTanzania

Ahmed M. Salah OufDirectorate of Town Planning andSurveySharjah

Wordsworth Odame LarbiGhana

Modupe OmirinUniversity of LagosNigeria

Robin PalmerOxfamUnited Kingdom

Ali ParsaLondon South Bank UniversityUnited Kingdom

Geoffrey PayneGeoffrey Payne AssociatesUnited Kingdom

Garrick SmallUniversity of Technology SydneyAustralia

Robin WatersRSW Geomatics LtdUnited Kingdom

Saad YahyaSaad Yahya and AssociatesKenya

Contents

1 Introduction 5

2 Methodology 6

3 Land ownership systems in Ghana 8

4 The land economy in Ghana 10

5 The housing sector 12

6 Acquisition procedures and assessment framework 14

7 Access to land in Ghana 15

8 Operation of the land market 21

9 Social and equity issues 22

10 Indicators of opportunities and constraints 25

11 The way forward 37

References 40

List of abbreviations 42

RICS research paper series 44

Acquisition and affordability of land forhousing in urban Ghana: a study in theformal land market dynamics

Callistus Mahama (Kwame Nkrumah University of Science and Technology, Ghana) and Martin Dixon (Universityof Cambridge, England)

Abstract

Land is the main source of livelihood in Ghana. Yet, as land prices rise, poor people are priced even out of theless desirable areas. The poorest are often forced into temporary settlements. Disputes over access to andcontrol over land often give rise to social conflict and spiralling violence between and among stools.Regardless of the detailed rules and mechanisms established by the state in addition to the existence ofvarious customary and statutory enactments on the subject dealing with access to land, the discussion in thispaper has revealed adequate credence that the system in place is far from being efficient. Whereas there is anational project on land administration , it must be said that good management of land though an essentialprerequisite of enabling access to land, land administration or management, must not be treated in isolationfrom other important factors. Security of tenure, combined with improved access to land, credit, efficientmarkets and a suitable legal regime will lead to more efficient practices. These, together with improved landmanagement and administration, will have a strong positive impact on the motivation and ability of Ghanaiansto invest in the land. No margins separate them, as each is tied to the others.

Contact

Dr. Callistus Mahama,LecturerDepartment of Land EconomyKwame Nkrumah University of Science and TechnologyKumasiGHANA

Email: [email protected]

Acknowledgement

Our sincere thanks are due to Trinity Hall,Cambridge Commonwealth Trust and theSmut’s Memorial Trust, which supported muchof the work done in the form of generousgrants and scholarship. Without them, we couldnot have undertaken this study. We areparticularly indebted to Dr. Christopher Padfieldwho was instrumental in arranging for thefunding.

n this paper, access to (or the right to use)land refers to the formal acquisition underany of three scenarios: where access is

gained to private land through the transfer ofownership in private transactions or throughinheritance; where access is gained to stateland through state allocation process to aprivate individual; and finally where access isgained through customary allocationframework (Farvacque and McAuslan 1992).This conveys the right to use, transfer andtrade in the land. The study looks atconstraints involved in access to land in theformal sector in Ghana and by so doing maymention some of the activities of the informalsector that have arisen as a result of the nonfunctioning of the formal sector.

Providing equitable access to land as spelt outin the Ghanaian government’s LandAdministration Project (LAP) is not enough.Rather the project should ensure effectiveaccess to land through other support. To beeffective, access to land must also includeaccess to other resources such as financing,technology and training and to requiredsupport (e.g. roads, marketing co-operatives).Without access to these resources andsupport, the project may leave behind nothing.It is true that a man may have secure title toland but will lack the inputs to undertakeproductive agriculture (Crocombe, 1975). It isimportant also to ensure that mechanisms forsafeguarding and enforcing land reforms aresustainable (Pottier, 1999). Experience showsthat those who do not have power or status inthe community (often women and themarginalised ethnic groups) frequently loseaccess to certain resources when theybecome profitable or receive more attention.

Most often, this will occur after the programmeis completed. To prevent capture of projectbenefits by elites after the completion of LAP,the establishment of longer-term structuresshould be considered.

In many developing countries, much of theland on which new urbanization occurs canonly be allocated through governmentprocedures, which in most cases is fraughtwith long delays, confusion and bribery. In Perufor instance, State lands are allocated througha long and time-consuming process, whichtakes about 43 months, consisting of up to sixstages, and even involving the president of theRepublic (de Soto, 1989). In Malaysia,approval procedures are time consuming,complex and laden with uncertainties.Farvacque and McAuslan, 1992), report thatabout 20 government departments areinvolved in the approval process.

A complex issue affecting the housing sectorin Ghana is the incomplete nature ofinformation and data on access to land. Muchof the information in this sector is derived fromvarious international development agencyfunded studies on slums improvement anddevelopment of the urban land marketsthrough land registration. They provide littleevidence of access to land by majority ofGhanaians. The focus of study is therefore toinvestigate the extent to which Ghanaians ingeneral have (formal) access to land forhousing.

1 Introduction

RICS Research l 5www.rics.org/research

Acquisition and affordability of land for housing in Ghana: a study in the formal land market dynamics

II

he sources of data are both primaryand secondary. Interviews wereconducted in three selected urban

areas of Ghana: Accra, Kumasi and Tamale.Sample areas were randomly selected fromthe lease list of the office of the administratorof stool lands1. The selection of respondentsfrom these areas followed a systematicpattern in which the enumerator identified themain street in the suburb of the city in either anorth-south or east-west direction. Startingfrom one end of the street and at the firsthouse on the right, houses were selected onan ‘every other house’ basis. Half therespondents were selected from one side ofthe street and the other from the other side.This method was chosen because of the longlist of the desired sample, making sure thatthe element of periodicity did not influence thedata obtained.In addition to these, otherinstitutions from each city were selectivelyinterviewed. The institutions include LandsCommission, Land Title Registry, SurveyDepartment, Town and Country PlanningDepartment, Banks, Traditional Authorities(Chiefs, Family Heads and their elders) andGhana Real Estate Development Association(GREDA). Each of these institutions wereaddressed with a standard set of questions.

Based on a reconnaissance survey carried outin 2003, three research areas were chosen

based on some factors: Accra, Kumasi andTamale. The first two were chosen based onrecent reports of growing indiscipline in theland market as highlighted by the Ghana LandPolicy (1999) and the fact that these are thefastest growing cities in terms of urbanisation.Tamale was also added to determine whetherthe problems highlighted were limited to thesouthern sector or whether it is a growingnational problem. In addition, these areas alsomet the criteria set out: type of tenurial regimein place, type of land legislation affecting thearea, especially the type of land registrationlaw in place, the level of urbanisation and theextent of land transactions and landdevelopment in the area and geographicallocation.

In Accra, there is a tenurial system whichblends state and stool ownership of lands.Thus apart from this unique tenurial system,the city is the most urbanised and representsthe highest level of land development and it isthe capital of Ghana. Finally it is the area firstdeclared a registration district under thePNDCL 152(1986) and represents thesouthern sector. Kumasi is the next mosturbanised area and also epitomises traditionalland management at its peak in view of therole of the Asantehene, who is the Traditionallord of the Asantes. Part of it has also beenrecently declared a registration district underthe Law 152. It represents the middle belt.Tamale like Kumasi has a tenurial system withthe Yaa Na, overlord of the Dagomba ethnicgroup in charge of all lands in the municipality.It represents a fast developing urban areaunder the old registration law of Act 122(Land Registry Act, 1962), and represents theNorthern sector.

2 Methodology

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1. A Government department responsible for administering landheld by chiefs and families. The symbol of the chief is thestool(in southern Ghana), hence stool lands. Lands in theNorth also referred to as Skin lands but the more genericterm is skin lands. Members of the land owning communityare therefore referred to as subjects.

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The selection of respondents was a blend ofsimple random selection and systematicpattern. The selection ensured that they wereboth high and low value areas in each city. Thefollowing suburbs were randomly selectedfrom the lease lists of the Stool Lands:Awoshie, Sowutuom, Anyaa, and East Legonfor Accra; Boadi, Suame and Danyame inKumasi; Gurugu, Jisonayili, Nyohini, KalpohiniResidential area and Lamashegu in Tamale.For the focus group, a random selection wasadopted from the list of those alreadyidentified. In addition to the individuallandholders chosen into the group,representatives of the various land institutionsand traditional authorities were selected intothe group.



ince colonial times we have had adual tenure and land managementsystem running parallel to each other.

Currently, provisions of the 1992 Constitutiongovern statutory tenure and landadministration in Ghana.

The classification can be made among StateLands and Private lands. Under the firstsystem, two types of tenure exist. The first iswhat is referred to as state lands, which havebeen acquired by the State absolutely undervarious legislations. It is free from allencumbrances. The second category underthe State Lands is the vested land. This is landwhich originally belonged to a givenindigenous community but was declared underthe Administration of Land Act, 1962, (Act123), to be vested in the State andadministered for the benefit of that community.In order words while the state has the legalownership, the community retains thebeneficial interest. Both the state and vestedlands are administered by the LandsCommission on behalf of the President of theRepublic. These lands form about 20% of thetotal land mass in Ghana.

Under the private lands, the followingcategories exist; Allodial, customary freeholdand other lesser interests. The allodial interestis the highest form of title and this rests withthe paramount stool or community as a wholebut is held in trust by the chiefs for the entirecommunity. It is a permanent interest.

The next most important interest is thecustomary freehold. The interest or rightacquired by the member is known ascustomary freehold (sometimes called as

usufruct). It may be for cultivation or buildingor both. There is no limitation on theacquisition of unappropriated land. Hence amember may appropriate more than oneparcel of land. He may validly transfer hisinterest even to aliens, without prejudice to theAllodial title of the land owning group. Hisinterest is potentially perpetual andhereditable. It is terminated only by expressabandonment of theland or failure of heirs(Woodman, 1967).His freehold isimmune fromdispossession by thecommunity. The landowning group or amember of the groupmay grant(unappropriated) landoutright to a strangerunder various forms.

Common law freeholdis an interest in landwhich arises out of agrant in the nature offreehold made by theallodial owner eitherby sale or gift. Apartfrom this, the holderof a customary lawfreehold can create a common law freehold bygrant to another person out of his interest. Theeffect of such a grant is that the parties haveeither explicitly or implicitly agreed that theirobligations under such a grant should beregulated by common law. The grantee's rightunder such a grant is defined by common lawand it is common law rules that govern any

3 Land ownership systems in Ghana

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SS

Since colonialtimes we have

had a dualtenure and land

managementsystem runningparallel to each

other

“

“

dispute, which may arise over the land.Leaseholds are rights granted to any personto occupy specified land for a specified term.They are derived not from customary law butfrom the English common law. A lease may begranted either by the holder of the allodial titleor a customary freeholder provided he has notgranted a conflicting interest in the samepiece or parcel of land. Subject to any law tothe contrary, a lease may be granted for anyperiod of time. Where a leasehold is granted,payment for the right to occupy the land ismade by way of an annual rent and covenantsare taken from the grantee controlling themanner in which land is needed and theexercise by the lessee of his rights as ownerof the lease. Unless there is a covenant underthe leasehold grant absolutely prohibiting orrestricting the alienation of the land, thelessee may create a sub lease or assign theresidue of the unexpired term of the lease,although in some cases the consent of thelessor is required.



he Ghanaian economy has been indecline since 1998, as a result of highcrude oil prices and low commodity

prices on the world market. These have had asignificant impact on the country's externalbalance of payments, leading to the decisionearly in 2001 to designate Ghana as a HighlyIndebted Poor Country (HIPC). Internal moneysupply problems, high inflation, interest ratesand levels of debt servicing, and the rapiddepreciation of the country’s currency, theCedi, have also contributed to a feeling ofuncertainty about the future direction anddevelopment of the economy. With theprospect of increasing economic uncertainty,many Ghanaians desire to purchase or gainmore secure access to land to develop ahome, a farm or business. Land and propertyis seen as an investment, which givesprotection against future uncertainties andinflation and a way to accumulate wealth(Antwi, 1996). However, despite massivepersonal investment in land and housing,especially in Accra, the land economy and landmarkets in Ghana remain weak.

Considerable uncertainty exists over theoperation of land markets, ownership andrights to land, land-use planning anddevelopment procedures (Kasanga et al,2001). These factors contribute directly to ahigh level of land disputes, loss of taxrevenues, the inability to use land as collateraland the loss of investor confidence in manysectors of the economy. Even if land titling willincrease security of tenure, the benefits areyet to be seen in terms of investment andproductivity.

In Ghana the value of property and land isindeterminate, regulations relating to land useare weak and not enforced and corruption is aproblem (Mahama, 2004). Urban propertymarkets are distorted and land development isconducted in a haphazard way. The State hasno record of the value or net worth of landand property assets over which it has control.No valuation has been made of state-ownedassets. Many public assets, especially land, aregrossly under-utilised and undercapitalised.Capitalisation and disposal of surplus and non-performing State land and property assetscould raise substantial capital to support thedevelopment of land and housing in Ghana(de Soto, 2000).

Since colonial times Ghana has had a dualtenure and land management system runningparallel to each other. The customary sectorcontrols about 80% of the land supply whilethe state has about 20%2. However, there area few lands that are individually owned and donot fall either within the state lands or thestool/family ones. Currently, provisions of the1992 Constitution govern statutory tenure andland administration in Ghana.

The customary system in Ghana is very strong,and to trade land outside the family or thecustomary group is viewed by many as a saleof birthright or inheritance, though this view isgradually losing prevalence. An owner or

4 The land economy in Ghana

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2. Land as indicated earlier, is referred to as stool (family) lands.

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occupier of land is not free to seek thehighest and best use of land, and hence itseconomic value or potential can seldom berealised. This situation is similar in many othercountries in Africa (Migot-Adholla, et al. 1994).

Two market economies are identifiable; onebased on land as a tradable asset, the otherthat is based on customary values and aspiritual affinity attached to land (Woodman,1996). Land and property can be inheritedand transferred, but it is less common totransfer it to strangers3. Land is an economicand productive asset, which can be realised byleasing and sub-leasing. However, rarely island leased at its true productive value. Theinability to trade against customary land tenurebecause of insecurity does significantlyundermine its economic and market value. It isthe tradability of land that affects thedynamics of land markets. The constraint onthe tradability of land significantly affects theformal and informal land economies in Ghana.The customary system in Ghana is very strong,and to trade land outside the family or thecustomary group is viewed by many as a saleof birthright or inheritance. However this beliefis not universally held amongst all customarygroups in Ghana (Kasanga, et al. 1996). Landis an asset that also provides a sense ofbelonging to a place and for many it is theonly means of making a livelihood. Land isthus not a freely tradable product, but is

viewed more basically as a life-giving asset.Customary rights and practices thereforedictate very strongly the use and value of land.

The long term economic goal of theGovernment of Ghana is to develop an agri-industry driven economy. An efficient landmanagement and administration system torestore confidence among investors andprovide greater security of tenure to all usersand occupiers of land is essential to theachievement of this goal. A more efficient landmanagement system is necessary also toaddress issues of landlessness, access to landfor low income group housing, and to ensuremore secure tenancy agreements for the useof land and property. To achieve theseobjectives will require the adoption oftraditional and non-traditional approaches tosolving the many problems that face the landeconomy in Ghana.



3. These are members outside the land owning group. Thegroup could be a tribe, clan or even a family. A prospectiveinterest holder outside the domain is referred to as a stranger.

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he report on the State of theGhanaian Economy 2003 (ISSER,2004) notes the lack of adequate

financing, higher lending rate, acquisition ofland for large scale housing projects and highprices of land and building materials assignificant problems. According to the NationalShelter strategy, Ghana’s housing deficit stoodabout 300,000 and it was estimated thatabout 1.2 million housing units were neededby the year 2005. Currently the country needsabout 133,000 new housing units to bedelivered annually. However, only 25,000 unitsare produced leaving an unsatisfied annualdemand of 108,000 units.

As a result, shift dwelling units such as kiosks,tents and cargo containers or attachments toshops or offices serve as homes for 1.9percent of the population besides the 3percent who are homeless and living on thestreets (Ghana Population and HousingCensus, 2000). This appears to be aphenomenon in large city centres like Accra,Kumasi and Tema. The 2000 Housing andPopulation census data indicates that theaverage household size in Ghana is 5.1persons with about 4.5 households per housewith a total of 2,181,975 housing unitsnationwide. This is woefully inadequatebecause if every household of 5.1 personswere to have a separate unit of housing thenall other things being equal, with a populationof about 20 million then we will need a total of3,708,250 housing units, a deficit of1,526,275 units.

Out of the 3,701,241 households recorded bythe census, 2,440 were identified ashomeless. As much as 44.5 percent of

dwelling units in the country are rooms incompound houses followed by separate orsemi-detached houses which provide 40.6percent of dwelling units. In the capital, 57percent of houses are compound houses4 withan average of 17 persons per house. Withsuch large numbers of compound houses, itmeans that most households share facilitiessuch as toilet, bathroom and kitchen, whichdoes not ensure privacy that most householdswill prefer. Ideally, housing situation should bea minimum of two-bedroom house perhousehold certainly a luxury beyond the reachof many households. Families of about 5persons and above are sharing one-roomapartments. The census revealed that 38% ofhouseholds have one-room apartments with23.8% having two rooms. It is evident thatmost households have inadequate sleepingrooms, particularly when personal property andhousehold chattels occupy a sizeable portionof the sleeping room.

The housing stock in the country has notimproved much over the years as it has beenincreasing by a slight margin whereas thehousing deficit increases by substantialmargins as seen in figure below.

5 The housing sector

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4. These are houses usually with multiple households usingcommon facilities such as toilets, baths and kitchens. Thecompound house has long provided the accommodationrequired by low-income households in West African cities.Issues of privacy, image and communal life are usually citedby occupants dissatisfied with life in compound houses.However, they represent good value for money, cost little tobuild, suit traditional inheritance patterns, allow independentlife at low cost, and allow sharing of services with a finite andknown group. For further discussion see the demise of urbancompound houses - consequences for the low incomepopulation of Kumasi, Ghana by Andreasen et al, 2006.

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Source: 1970 and 2000 Population Census, HFC (2002) and MWH (1986)

Housing stock and deficit

1970 1980 1990

Households

Household deficit

Household stock

500

1000

1500

2000

2000

Est

imat

ed n

umbe

r of

hou

seho

lds

(tho

usan

ds)

and acquisition procedures depend onthe type of ownership5. State andvested lands are managed by the

lands commission and as such all grantsemanate from the commission. Stool/ skinlands by virtue of article 267 of the 1992republican constitution of Ghana and section47 of the PNDC Law 42 must receive theconcurrence of the lands commission. Privateand individual lands have been excused fromthe necessity of this concurrence by thecourts. Generally these lands and thestool/skin lands follow the same procedures.There are four main procedures for landacquisition in the country; private acquisitionfrom the stool/skin, private acquisition fromthe state, acquisition by state from stool andacquisition by private from private.

Framework for assessmentTo assess the environment needed foreffective access to land, this section identifieskey factors that are necessary and describes,at the conceptual level, how such factorsinfluence access to land. The framework isgeneric or logical in the sense that it does notrefer to specific types of practices. It is basedon the basic underlying logic of whatconstitutes a good environment for effectiveaccess to land for development. It forms thebasis of discussion for the research as it laysout the agenda for an effective institutionalunderstanding of accessing land in Ghana.

6 Acquisition procedures and assessment framework

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5. For a detailed discussion see Gambrah, 2002.

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he discussion here examines thefactors which influence access to landboth in the general and local context.

High land pricesThe current high prices of land is severelyconstraining access to land by low andmiddle-income groups. Current prices for landin Accra prohibit low-income people fromparticipating in the land market. Access tocredit is a major factor to participation in theland markets. Since the 1960s, in order toincrease investment in land and infrastructurein Ghana, the development of formal creditsystem has been proposed under variousexternal aid programmes and nationalgovernment policies. In developed countries,title to land is often used as collateral tosecure a loan in the form of a mortgage(Yates 1994, Bogaerts et al, 2001). However,since in the Ghanaian context, land is non-transferable or is subject to several otherinter-linked customary rights, it is not ideal foruse as collateral security. This led donors, suchas the World Bank, to renew calls forregistration schemes in order to establish andguarantee land title, which could be used asformal security. However, Platteau (2000)points out there are no grounds for believingthat titling significantly increases investment inland or improves access to credit.

Alternative credit schemes, therefore, need tobe designed and promoted which focus onvaluable moveable assets as collateral formicro-finance initiatives. The most significantformal credit in Ghana is personal pledgesprovided by family, business and personalnetworks. Private money lenders offer short-term credit for purchases of basic necessities

and consumer items. Interest rates for short-term money from moneylenders can be ashigh as 50 percent. Most formal credit isprovided on a short-term basis as this providesfor a quick turnaround of capital and enablesfinancial institutions to manage the erosion ofthe value of money as result of inflation. Giventhat less than 10 percent of land which issubdivided goes through the formalregistration process, the number of mortgagedparcels of land is likely to be less than 1percent nationwide. Evidence from otherAfrican countries suggests that improvingaccess to credit can boost increased accessto land for productivity (Wittermore, 1981).Notwithstanding several attempts to improvecredit to support the land market, microfinance and housing finance is beyond thereach of most income groups in Ghana, withpeople having no other option than to useprivate and informal means to raise funds toenter the land and housing markets.

Suitable legal regimeCertainty and security of the law constitute thekey concept for every development policydiscussion on the problems and challengesconcerning land tenure and development.Regardless of whether one considers thefailure of governments, developmentcooperation or NGO projects; one isconfronted with the lack of security withrespect to land. This security situation inGhana has become so serious that it hasbecome the most important issue in the landmarket, e.g. the security of being able to keepand bequeath land in use or the security ofcollateral that a creditor may demand.Promising measures towards change remainwith only limited outcomes as the majority of

7 Access to land in Ghana



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the population pushing for entrepreneurialopportunities have limited possibilities forobtaining credit and being granted a loanbased on land. This limitation may be due toland not being registered at the land titleregistry or the land only being able to beutilized in a limited manner. Of course, the landuse rights do not remain unchanged in suchsituations. The lack of functional legalinstitutions has led to the phenomenon of landguards6 in Ghana. When legal security existsfor the transfer and use of land and theinstitutional enforcement of legal claims ispresent, then the key prerequisites foraccessing land with greater certainty exist.

Since 1962, Ghana has witnessed thedevelopment of an extensive body of laws7,regulations and judicial decisions, much ofwhich deals with land. This is in addition to thelarge and varied body of customary land lawthat has existed for centuries. Both continueto develop in response to changingcircumstances, with the result that there is amyriad of evolving laws on this topic. However,despite their numbers, the statutes on land donot fully meet the needs of accessibility andownership of land. Many agree that the landlaws need to be extensively reviewed, clarifiedand improved upon if land administration is to

have a proper statutory foundation. As meansfor achieving an aim of a more efficient,secure and clear legal basis, a process ofreview, amendment and rationalisation of someof the important land law is being undertakenunder the LAP.

CorruptionAccess to and ownership by the indigenouspopulations of land, the major resource ofproduction, were irrevocably interfered withduring British colonial rule. Prior to colonialrule access to and ownership of land by thecommunity at large had been sustained inmost of the traditional societies whose socialhierarchies were less pyramidal and in whichthe ethic of the society predominated.Kibwana et al, (1996) asserts that a majortransformation was effected when colonial ruleelevated the individual self-attribute topredominance by introducing the culture andeconomics of individual land tenure. The seedsof corruption were sown.

Corruption in public life has had an adverseimpact on the socio-economic and politicaldevelopment of Ghana. The Ghana Vision20208 identified it as one of the major causesof the country’s failure to achieve the targetsfor economic and social growth despite themany political and economic reforms. TheCentre for Democratic Development (CDD), ina study commissioned by the World Bank and

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6. Due to the high incidence of insecurity land owners haveresorted to hiring guards to protect their lands while attemptsare being made to get their lands registered. Even where thelands are registered, as a measure of extra security theseguards are hired to watch over their properties.

7. The total number of laws affecting landis 166 according toNLP(1999)

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8. Policies for the preparation of 1996-2000 Development Plan

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undertaken in August 2000, gives a chillyaccount of corruption and how it afflicts thevery fabric of government and public sector.Ghana has been an egregious example ofmismanaged resources, which has resulted indeclined in per capita income. It reports that ahigh majority of Ghanaians9 see corruption asa serious problem in Ghana. It goes on to saythat 82% of public officials admit to corruptionbeing a serious problem. This is quite alarming.Public officers freely demand extra paymentsbeyond official fees. In most cases while theofficial fees may be manageable, the unofficialfees are unbearable. The 2005 minimum dailywage stands at 16,000 cedis10 (about US$2)and most salary packages appear abysmallylow. It is common to see officials of the landscommission secretariat demanding favoursfrom applicants before taking action. In somecases files ‘disappear’ from the registry andcan only be traced once bribes have beenpaid. This has added to the high cost ofregistration already experienced at each stageof the registration process and thus preventingthe majority of poor Ghanaians from accessingregistration. It is reported that some publicofficers have reduced official payments so thatthe difference could be split in someproportions between the officers and thelessees. (Kasanga et al, 1995). The majority ofdisappointed lessees who cannot register theirdocuments, in spite of the lower rents also

lose as a result of the inefficiencies in the landadministration system. This is particularly trueif their unregistered documents proveunacceptable to lending institutions forsecurity and collateral.

Lack of informationThe land market is also hampered by lack ofinformation. Information on property sales, salevalues, etc. is jealously guarded. This issometimes because culturally, people feelinsecure in making it known that they havesold their properties. Thus, transactions on themarket are shrouded in secrecy. Added to thisis the inability of state institutions to build agood database for property sales and landvalues. The result is that, in many cases, everytransaction on the market is isolated

Many aspects of the operations of landmarkets in Ghana have yet to be researched(Antwi 1996, 2002; Kasanga, et al. 1996)probably because the operations of landmarkets are very difficult to describe, as manyof the transactions are clothed in secrecy. Theproblem is that it is difficult to determine theexact values of lands at any moment in time.Another reason is that customary landownersextensively control the supply of land in Ghana(Kasanga et al, 1996). Many transactions arenot recorded leading to multiple sales of landin most cases. The uncertainty that surroundsthe use, development and title to land, with areported 80,000 legal cases involving disputeson the title to land in urban Ghana ( Mahama,2004)), has resulted in great insecurity in theurban land markets. Subsequently, there is ahigh risk factor being built into prices for land,with buyers prepared to pay a premium forland where security of tenure is likely not to



9. About 75% with an urban-rural distribution of 76% and 70%respectively

10. The cedi is the Ghanaian Currency and currently stands about9,000 cedis per US dollar

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be challenged. It is important to emphasis herethat there is no pattern to the land sales. It isalso not easy to estimate the value of landeasily, because of the secret and sometimesoffshore nature of transactions and thevariability of commissionscharged by agents.Evidence from thefieldwork indicates thatthere can be a significantdifference (more than 40percent) in the price paidfor land of similar plot sizein the same area or side-by-side. The uniquelocation or site aspects ofthe land do not easilyexplain the pricedifferences. The mostprobable explanation maybe the fact that generally,in many cases buyers areunaware of land values.This makes the valuationof land and property verydifficult to determine.

One of the mostsignificant factors influencing land supply inGhana is the poor understanding most of thepopulation have about the operation of landand property markets. Hyper inflation hascreated a situation where prices seldom, ifever, drop regardless of supply situation.Subsequently, when a situation arises that

supply increases, such as the expatriate rentalhousing market, owners will hold propertyvacant for many years rather than rent it at alower price in the belief that the previous rentis the true market price or rental income of

the asset (Tipple et al,1998). The presentsituation has notchanged much 11.

As most land orproperty sold or leasedis often fully paid out,owners therefore areprepared to sit onvacant land or housesuntil the price rises.The forfeited loss ofrevenue or profit isoften not aconsideration, as manyland and propertyassets are not debtfinanced. Hence thereis no urgency inneeding to keepproperty rented or tosell to meet mortgage

or loan obligations. The failure of land supplyto meet demand means that ultimately landvalues will rise, whereupon the owners re-enter the market and in the intervening timethe value of the assets rises significantly. Thissituation creates a much distorted land andproperty market

Indiscipline in the land marketMost development takes place with littleregard for the town planning system inplanned areas. In many cases, land for

18 l RICS Research

11. See Antwi (2000).

NNOOTTEE

...buyers areprepared to paya premium for

land wheresecurity of

tenure is likelynot to be

challenged

community services, parks and servicecorridors are never provided. Theconsequences of this process have been longdelays in the provision of infrastructure andcommunity services. The situation couldbecome worse in future, as public agencies donot have the resources to provide these, andfull cost recovery puts the cost of servicesbeyond the capacity of most of the populationto pay.

The poor coordination between landdevelopment and the provision ofinfrastructure has also hampered activities inthe land market. While the absence ofinfrastructure such as roads and utilities maymake particular areas unattractive toparticipants in the land market, in some casesland development takes place in areas whereinfrastructure have not been provided. Theresult is the preponderance of uncompletedbuildings on the outskirts of towns. Theserepresent locked-up capital, which cannot beutilised to enhance activities in the landmarket as their owners wait for theinfrastructure.

Inherent desire to own landThe demand for land in urban Ghana is high,driven by high population growth and aninherent desire (and a customary right) inmany areas for everyone to have access to apiece of land to build a home. However, if notused wisely, the supply and fragmentation ofland through successive subdivision, leads toincreased competition for land and forces upprices and rents. When supply is severelyconstrained, and pent up demand is very high,land prices become inflationary. This situationis compounded if there are external factors

acting in the market , such as the demand forland by expatriate Ghanaians who areprepared to pay European and US prices. Thefailure to supply sufficient land to satisfydemand in Accra and Kumasi has led to ahyper inflationary and speculative situation inthese land markets (Ghana Statistical Service2000). The consequences of this are havingsevere social impacts on access to land forhousing by lower income groups.

Bureaucracy in landadministrationIn urban property markets, uncertainty over theownership of land, long delays in approvalsand the issue of titles, unscrupulous landsales, lack of compliance with planningrequirements, delayed provision ofinfrastructure and other services, ill-disciplinedland agents and corruption in all aspects ofthe industry have led to distortions andinefficiencies in urban land markets (CDD,2000). The implication of this situation is thatthe cost of land to purchasers is much higherthan it should be. It also prevents many low-income groups from ever participating in theland and housing markets. The Ghana LivingStandard Survey (Ghana Statistical Service2000) suggests that less than 25 percent ofurban households have an income that issufficient to participate in the land andhousing market. In Accra this could be as lowas 12 percent. As migration to the capital cityincreases, the land supply situation isexpected to become even more acute,perhaps necessitating government interventionto bring more certainty to the land markethere.



Role of estate agents The lack of adequate professional estateagents and the absence of any estate agencylaw has led to the rise of ‘bare foot’ estateagents and this has in turn led to a highdegree of informality in the land market. Theinformality has been the cause of the dearthof adequate and reliable records on activitiesin the market.

The need to link up demand with supply hasoften created difficulties in the market. Somegeneral practice surveyors have establishedoffices where they undertake estate agencyfunctions in addition to other valuation andestate management functions. These are,however, in the minority. It is also evident thatthe general public is often unaware of thefunctions of the general practice surveyors.The inability of the professional practitioners toperform estate agency functions has created agap in the market, which has been filled by anumber of people who have no training inestate agency. They are often individuals withno locational identification who specialise inlinking demand to supply in the propertymarket. Owing to the fact that they areunorganised, they have often been the sourceof fraudulent activities in the market. Many donot keep records of their activities and thisdoes not augur well for the development ofthe land market (CDD, 2000).

Effect of expatriate GhanaiansThe effect of expatriate Ghanaian investmentin local property markets has been tosubstantially reduce access to land by middleand lower income resident Ghanaians. In1990, about 25 percent of urban householdsin Accra owned or had access to land for

housing (Accra Planning and DevelopmentProgramme 1991). The Ghana LivingStandard Survey (2000) suggests that lessthan 11 percent of households now have themeans of securing access to land. Theimplications of continued investment byexpatriate Ghanaians on rents and values inthe residential market, is likely to exclude thelocal residents from participating in land andproperty markets. The Accra land and housingmarket is now more of an international market,with local residents being increasinglyexcluded from participating in it.

20 l RICS Research

he real estate market in Ghana is verymuch in its infancy, with very fewproperty sales. The real estate market

however is growing as a younger generationof Ghanaians realise that the capital gainsmade from property is a quick path to wealthin periods of rapid inflation. In the past,government supported the development of theGhana Real Estate Developers Association,which has, according to their promotionalmaterial, constructed over 10,954 homessince their formation in 1988 (GREDA,undated).

The above factors have made access to landhighly restrictive and only accessible to a fewGhanaians mostly those in the higher incomegroup. As a result the rental market is themost active property market in Ghana. Morethan 75 percent of the urban population relyon rental accommodation or that provided atminimal cost by friends and relatives12. Thereis an acute shortage of residentialaccommodation in all urban areas resulting inovercrowding and a highly exploitative rentalmarket. It is not uncommon for landlords torequest two years rent in advance in low-income inner-city housing areas of Accra andKumasi. In high-income areas, 12 months rentin advance is common. Among low-incomegroups in cities, more than 30 percent ofmonthly income can be spent on rentalaccommodation (TD Consult 1999). The highrents paid for basic accommodation (hall and

chamber) are a product of the failure to supplysufficient land for housing, and the weaknessin the housing system to finance andconstruct sufficient accommodation to meetthe demands of the rental market. TheNational Shelter Sector Strategy (1999)estimated that some 125,000 units of housingare needed annually, but the estimated annualoutput is 45,000.

8 Operation of the land market



12. The statistic was provided by the Minister for Finance andEconomic Planning, in the annual budget statement toParliament in 2002.

NNOOTTEE

TT

aving considered the currentsituation in the land market, attentionwill now be focused on issues such

as social and equitable ones arising from thepresent arrangement in the land market. Theessence is to highlight some of thefundamental problems underlying the landmarket.

Inequality of holdingsNo reliable data is available to undertake ananalysis of the equity of land distribution bythe size of land holdings in Ghana. The onlyknown study was one undertaken in the ruralsetting. In that study of rural farm holdings inthree districts of Ghana (Migot-Adholla, et al.1994), the authors found wide variations inaverage farm size within and between theregions studied. The largest 20 percent offarms account for 56.3% of land in Anloga,51.7 percent in Wassa, and 51.4% in Ejura.The Anloga region had the most severedegree of inequality in land distribution. Careis taken in interpreting this data, as land areaswere collected by estimates and not derivedfrom air photo interpretation or maps.

Thus there is need of further research in otherregions of Ghana to develop an overallunderstanding of regional inequality of landholdings for the rest of the country. This needsto be done with care as holding size does notnecessarily relate to improvement capabilities.

Landlessness and homelessnessMany groups of people in Ghana are withoutadequate shelter or security of tenure to landto make a living. These include landless ruralfamilies, urban squatters, internally displacedfamilies, street dwellers, and refugees. The

National Shelter Sector Strategy (1999) drewattention to the increasing number of landlessand homeless people. The number may be ashigh as 3 percent (GLSS, 2000), and higher inthe larger urban settlements. Landlessnesscan be caused by many factors: the loss ofusufruct rights, loss of employment, disaster,illness, divorce, domestic violence anddisenfranchisement where cross culturalmarriage between matriarchal13 andpatriarchal14 families leaves children withoutinheritance rights. The cost of land also meansthat many average Ghanaians cannot affordaccommodation on their own. Presently thehigh cost of housing is caused, in the main, bythe price of the land, and the huge cost ofutilities on the land, such as the layout ofroads, and the provision of water andelectricity.

Credit and access toland/propertyOnly a small percentage of people in Ghanawho need to carry out land development canafford that, a reflection of the high cost ofliving in the country. A rise in real wagescorresponding with a stabilisation of inflationwill result in an increase in the demand forhousing. The present situation is ineffectivedemand. The current minimum daily wage rateof 16,000 cedis is not enough to match theplots of land that are going for not less than50 million cedis and others around 2 billioncedis per acre, depending on the location. The

9 Social and equity issues

22 l RICS Research

13. Where inheritance is based on matrilineral lineage.

14. Where inheritance is based on patrilineal lineage.

NNOOTTEE

HH

majority of Ghanaians are poor and can hardlyafford these plots of land. The existence ofadditional unofficial payments at every stageof the land process imposes more severelimitations on effective demand in the landmarkets and sustainable developments ingeneral. The fear of insecurity has compelledmany applicants to pay unofficial fees in orderto have their documents processed. Funds forhousing and other developments are woefullyinadequate. In a country whose averageincome falls below the cost of living,household earnings must be supplementedfrom the extended family resources. It is thisfact, which makes financial institutions shyaway from lending to individual households(Antwi, 1996).

Land disputes in urban and peri-urban areas Land has now become a scarce commodity inthe urban and peri-urban areas on account ofthe rural-urban drift of population. Where thestate has been unable to cater for the housingneeds of many an urban dweller, the initiativehas fallen on the private sector to meethousing requirements.

Many of these developers, unable to bear orwithstand the rather cumbersome and/orbureaucratic system of seeking planningpermission for developments, have in manyinstances, defied and gone ahead with theerection of structures many of which do notmeet planning standards. Some land owners inthese areas have taken advantage of thesituation, not only to charge exorbitant pricesfor land required for housing and other socio-economic infrastructures, but even moreregrettably, to engage in multiple sales of the

same piece/parcel of land to two, three oreven more purchasers. This situation has beenmade possible owing to unsettled boundariesbetween various traditional landholders; theuse of unapproved, old and/or inaccuratemaps and the weaknesses in the existingland/deeds title registration arrangements.Since land is now a very precious commodity,the various traditional and other owners ofland, desirous of maximising returns from landsales, have sought to extend their boundaries.The situation in the region has been worsenedby the rampant acquisition of vast stretches ofland by the state without provision being madein many instances for the proper resettlementof the affected persons or payment ofcompensation to owners of the affected lands.Where the state has acquired lands withoutpayment of the appropriate compensation forthe owners of these affected lands, there is nomoral or legal justification on the part ofofficials to prevent re-entry onto these landsby the affected owners. The end result is thespate of encroachments on lands acquired bystate for public use.

Effects of land disputes The level of disputes indicates the potentialrisk that those seeking to acquire land forinvestment or productive purposes will findthat their transactions are hopelessly andexpensively embroiled in controversy. From thenational perspective, productivity is impaired.The result is under utilized real estateresources, high costs, urban sprawl, highinfrastructure and land cost. They are themajor problems affecting the real estatesector (Adlington et al, 1998). Other effectsinclude:



l Land is held up in the courts or otherwisein dispute and thus removed from the landmarket, increasing the shortage ofdevelopable land. Land prices rises as aresult of such shortage.

l Where disputes arise, owners generallyincur costs and suffer stress in resolvingtheir dispute. There are high costs toindividuals and the community for lawyersand the courts. Evidence from some chiefsindicates that some of them lose morethan 100 million cedis per year in lawyers’fees, remuneration/favours to Judges,court clerks and bailiffs.

l Investment in land and its development,particularly by foreigners, is discouraged.

l Multiple sales of lands and consequentscuffles amongst claimants who competeto develop the plots in order to own themare threats to orderly development in thecountry. As Chiefs, land owners, andcounter claimants litigate over land orcomplain of non payment of compensationby government for land acquired, otherssell the lands and urge the buyers to buildwithout permits. The belief exists that, oncedevelopment has reached the lintel level,the ownership of land is confirmed.

l Disputed land is discounted, so owners donot receive their proper due whendisposing of it. This in turn reducesrevenues due to the state through landrelated taxes. Such revenue can be used tofund social reform.

l Revenue due to stools is held up as theOASL is not able to disburse such monies(since 1949 no disbursements have beenmade to the Osu Stools). The Statuteestablishing the OASL expressly bans theinstitution from investing such moneys.

l High ethnic tension between rival stools,families and clans and sometimes loss oflives as a result of physical confrontation.

l Government spends huge sums of moneyto maintain peace and sometimes toenforce court decisions such asdestruction of illegal developments.

Menace of Land Guards Owing to the difficulties of establishing whothe right allodial owner of a particular area isand coupled with the fact that it takes severalyears to get land registered and the highincidence of corruption at the land institutions,individual purchasers have resorted to hiringland guards. Even where the lands areregistered, as a measure of extra securitythese guards are hired to protect theirproperties. Examples are abundant in Accraand Kumasi. The illegal operation of landguards has become a national issue becauseof the havoc they wreak on the society. Theiroperations have become so fearsome andbrutal that many Ghanaians fear that theywould metamorphose into rebel group in thenear future.

24 l RICS Research

ased on the framework suggested inthe preceding discussion and thesubsequent discussion, empirical

facts are presented and the analysis followed.In all 300 respondents were interviewedacross Accra, Kumasi and Tamale A number ofsolutions are proposed as a basis for futureresearch. The analysis presented in precedingsections provides a basis for the thematicpresentation of the recommendations.

Source and levels of incomeThe main source of income for thoseinterviewed is in the informal private sector(specifically trading). These were mainly

personal businesses, mostly in the retailsector. The next most important source wasremittances, both internal and abroad. Lessthan 10% of respondents in all study areasreceive more than 3 million cedis a month. Inothers words 90% of respondents in the threestudy areas are on an income of less thanUS$300 a month. The sample was clearlyskewed towards the higher income group, withover 84 percent of all the respondentsreceiving more than one million cedis a month.

Land values and ground rents in 2002 forAccra and Kumasi are suggestive of a thriving

10 Indicators of opportunities and constraints



0

10

20

30

40

50

60

BB

Accra

Kumas

i

Tamale To

tal

Land

Trading

Government

Remittances

Others

Sources of income

land market. Residential capital values for firstclass areas such as Danyame, Nyiaeso andAhodwo in Kumasi are said to vary from 150million cedis to 400 million cedis per acredepending on whether the first class statusfalls within the A, B, or C zones (A, being thebest). Annual rental values for the same areasare between 200,000 cedis and 2.4 millioncedis. Values for second class areas such asBantama, Asabi and Fumesua go for between50 million and 150 million cedis per acre.Annual rental values go between 0.9 millionand 1.2 million cedis. The situation in Accra isnot different. First class areas likeCantonments, Airport Residential, East Legonresidential areas and Roman Ridge weregoing for between 1.4 billion to 2 billion cedisin 1999-2000 but are now going between 2billion and 2.5 billion cedis per acre. Similarlythere have also been increases in the secondand third class areas to about 200 percent.Some second class areas are Lartebiokoshieand Abeka. Third class areas include Ofankor,Ablekuma, Gbawe and Weija.

This is an alarming situation considering thelevel of income of the average Ghanaian. Forinstance in 1999-2000 the land values forfirst class areas were between 40 million and60 million cedis. Similarly second class areaswere around 30 million cedis. Within a periodof 2 years the land values had risen by morethan 300 percent. Land shortage and therapidly rising value of land as a tradablecommodity are not new. Even though thisbegan long ago, it has seen pronounceddevelopment in recent times. Predictably, agreater percentage of Ghanaians are thoseadversely affected.

The continuous and high rate of land priceincreases has had many effects. First, theincreasing cost of land is reflected in ageneral rise in housing costs, of which landcost is one component. This puts a strain onthe low income groups in the population,forcing them to resort to renting. But with thehigh amount of rent advance demanded bylandlords, the poor are forced to rent furtheraway from the city (with higher transportationcost). In Accra high land prices are responsiblefor high densities within the city and lack ofopen spaces for parks and recreation. Thesehigh prices have led to many not being able toacquire land or rent and hence squatting,which is a common sight in Accra. The gapbetween the rapidly rising land cost and therelatively static income of the majority isincreasing. This makes it difficult for many ofthe new urban dwellers to find even the mostmodest housing facilities, and forces them tolive in almost subhuman conditions, with a lackof piped water and sewerage and inadequatetransport link to the city15. The low rate ofindustrial development in the country has alsomeant that there are not enough jobs for thenew immigrants. Many at best find a part timejob, which does not provide enough money topay for even low standard housing.

The main source of funds for the developmentof land is remittance from abroad. More than40 percent in all the study areas indicated

26 l RICS Research

15. See the 2000 Housing and Population Census

NNOOTTEE

remittance as the main source of income todevelop their land. Most of the respondentsalso relied on their personal income and loansfrom their employers. For those who indicatedpersonal income, about 67 percent of themwere involved in one form of business oranother but not in the formal employmentsector. Those in the formal business form themajority of those who took loan from theiremployees. Only 9 of the 300 respondents inall the study areas developed their landthrough loans from financial institutions. Thisrepresents 3 percent. A new development hasbeen the entry of rural banks into this market,with 11 of the sample getting their loans from

rural banks. Rural banks have been specificallyestablished in the rural areas to help farmerssecure loans for the farming activities but haverecently found their ways into the cities andengaged in all kinds of banking activities.

Land registration The predominant land use for the respondentsis residential. Commercial, industrial andeducational land uses were reported.Speculation is a common problem in Accraand Kumasi. This was either buying land inorder to sell at a higher price and make profitor in order to forestall any price increment.Speculation occurs when land can be sold



0

10

20

30

40

50

60

Remittance (abraod)

Credit institution

Loan from employer

Income

Internal remittance

Accra

Others

Kumas

i

Tamale To

tal

Source of funds for land

freely and where many people with money areanxious to buy it. The price of the land is thennot related to what the land will produce, butto what the land will sell for. This results in theland being bought by wealthy people. Thisscramble for land causes unnecessaryopportunities for unscrupulous landowners toengage in double sales of land by chiefs andother land owners. Land acquisition andregistration is a daunting problem in bothpublic and private sectors. Acquisition of landin the private sector is easier than in the publicsector; cumbersome procedures, long delays,frustration and lack of knowledge ofprocedures, high cost and corruption are allprevalent.

Thus unless it is absolutely essential such asgetting credit from a bank there is nocompelling reason to register their lands. Inthe chaos surrounding the law, mostrespondents interviewed see improvement oftheir land as the surest and easiest way ofensuring their security. This is similar to the‘Tomahawk rights’ in the late ninetieth centurywhen the US was also struggling with thedevelopment of their property system (DeSoto, 2000). Most of the chiefs interviewedconfirm some of these problems but were ofthe opinion that if prospective buyers maketheir request through them some of theseproblems could be averted. The impressiongiven is that some buyers make their requestthrough unapproved channels. The problemsencountered in the land acquisition anddocumentation process denote the constraintsof the land sector as enshrined above.

Dearth of informationThere is a considerable dearth of knowledge

on the operation of the land market and ofland laws and regulations governing landtransactions. Almost all the respondents,though literate, did not know of the existenceof some of the major legislation affecting land.Interestingly, only 18 of the possible 300respondents know about the 1992constitutional provision which entitles citizensto prompt and adequate compensation in caseof compulsory acquisition. Understandably,knowledge of registration of title instrumentswas higher among the literates than theilliterates and that reflected in the answersgiven. In spite of the serious legalconsequences of non registration, less than15% of them had their titles registered. Apartfrom individuals, many state organisations arecurrently occupying land to which they haveno title. The University College of Winneba,Kumasi campus, some Ghana Armed forcesand Police service departments are examples.For instance, there is a tussle between theMilitary and Central University College (CUC)over the new permanent site of the Universityin the catchment area of the Kpeshie Lagoonat Teshie. While Teshie Lenshie Quarters,allodial custodians of the land, welcomes theconstruction of the University, the Military hasobjected to the proposal, stating that the newCUC site is part of their training grounds

Title and investment incentivesIt is argued that tenure security, providedthrough pro poor titling programmes, allowsthe land owners to access credit, which can beinvested in business enterprise. The evidencebelow thus not suggests that.

Estate agents in Accra report that state landgrants will be 20-40 percent cheaper than

28 l RICS Research

customary land in the overall transaction cost,all things being equal. An inspection of thestamp tax register shows the majority ofmortgages registered on titles since 1998were given to land with freehold or stateleasehold title. Lending institutions prefergranting loans against state leases andfreehold because the land is easier torepossess. Thus the basis of tenure affectscreditworthiness as it has a significant impacton the ability to raise credit for the land andhousing markets.

The use of land as collateral is limited in allstudy areas. In Accra, only 5 of 50 commercialbank loans were secured against land or

required proof of land ownership. In Kumasi, 4of 20 formal sector loans used land as creditguarantee. Land was not used at all in the 9formal loans in Tamale. The low percentage ofrespondents prepared to use their land ascollateral may be explained as the fear of lossof land as a result of foreclosure. Also thesocial stigma associated with borrowingagainst one’s property was cited, especially inTamale. Land is still perceived as a crucialasset for the present and the futuresubsistence family. Most customary practicestry to ensure that community land remainswithin the control of the lineage. This adds tothe difficulty of a purchaser getting a reliabletitle.



Credit access using land for security

Accra Kumasi Tamale

Applied and got

Applied and refused

Not applied

120

80

40

Among the 10 who applied and were refusedin Accra only 2 respondents used communalland and none used land acquired from thestate. These were rejected because of lack ofconsent from the community landmanagement committees. There were notsuch cases in Kumasi and Tamale.Interestingly, only 4 of the 30 who applied forbank loans in Accra did so for thedevelopment of their land. Thus about 87percent of them wanted to use theirland/property for bank loans but forinvestment unrelated to land. The situation inKumasi is not too different. In Kumasi only 3out of a possible 24 wanted to develop theirland using the loan from the bank. In Tamalenone used their land as security and got aloan.

It was also realised that most respondents didnot apply for bank loans using their land assecurity because they did not have titles totheir land. The cumbersome procedure ofsecuring a bank loan scared many off.

Most of the respondents indicated theirwillingness to carry out additional investments.

The most important factor is the availability ofcapital. Majority of the respondents (80percent) in all study areas indicated capital asthe most important factor. Land or the securityof it was not mentioned as the most importantfactor. About 29 percent of respondents inAccra interviewed were prepared to use theirland as collateral, 25 percent in Kumasi and20 percent in Tamale.

A good number of the banks also complainedof the difficulty in repossessing land used ascollateral and realising its value on the market.Most banks are often reluctant to lend for land

30 l RICS Research

Development of land(25%)

Funeral (13%)

Education for child (22%)

Business(27%)

Others (13%)

No need(58%)

Not sure (13%)

Cumbersomeprocedure(16%)

No titles (13%)

Reasons given for application (all towns)

Reasons given for non-application (all towns)

purchases because they are unwilling to tie uptheir capital, raised largely through short-termdeposits, for long periods of time in a countrywith high inflation. They prefer lending againstmore reliable streams of income.Consideration of administrative cost has ledbanks and other credit agencies to set aminimum size of loans, which often exceedsthe financial needs of most people taking theirannual/monthly income into consideration.

The Home Finance Company (HFC) hasprovided a limited supply of mortgage creditfor individual households for acquisition ofhousing units built by organised developers.The down payment is 20 percent and theremainder is given at an indexed interest ratefor a period of up to 20 years. The 20 percentdown payment is not paid to the developeruntil a unit is completed, resulting in thebuilder fronting the costs. Construction financeis generally not available, though HFC isexperimenting with it. Yet ordinary workingGhanaians have no access, considering theamount of money involved. A serious problem,according to people interviewed, is theindexing factor. That is the construction cost isindexed to the US dollar. Interest rates ofabout 40 percent are ultimately notpracticable for long term loans regardless ofthe Government guarantee.

Implementation problems of LandTitle Registration, PNDC Law 152The implementation of the scheme in theGreater Accra region does not lie so muchwith defects in the law but in itsimplementation. The intention of thelawmakers was to have initial registration oftitles conducted on the basis of a pilot scheme

from which lessons could be learnt for futureexercises. This idea was abandoned. Instead,many districts were declared registrationdistricts simultaneously, thus introducingcomplexity and confusion into the exercise.This puts enormous pressure on the surveydepartment, which is already facing a shortageof personnel. On average, about 178applications for survey demarcation per monthare made to the department. The figureoverleaf helps portray the picture:

Until 1993, when the department startedengaging the services of private surveyors, itcould not meet the demand from the public.While demarcating the general boundaries ofthe many districts, which were simultaneouslydeclared registration areas, it was alsoinundated with applications from the generalpublic for individual plot demarcation. Thenormal procedure was for the title registry todeclare an area a registration district once thegeneral demarcation had been completed. It ispertinent to state here that, apart fromrequests from the general public, the surveydepartment also receives applications fromestate developers. For instance in 2001 and2002 there were 270 and 207 applicationsrespectively from such developers. This exertsenormous pressure on the department andslows the rate at which land registration iscarried out.

Land conflicts and disputesresolution Land conflicts and disputes are still a majoroccurrence despite the introduction of LandTitle Registration Law, 1986, (PNDCLaw152). These are as a result of multiplesales, administrative lapses, registration



problems, corruption, delays, frustrations,unreliable estate agents, disregard for laws,encroachment, implementation of weaknessesand lack of information. Insecurity of tenureaffects a greater percentage of the populationthan generally thought. The sources ofinsecurity are more complex thanacknowledged. Given the importance ofsecure access to the social and economicfabric of society, instability threatens if theseissues are not resolved. In some parts of thecountry such as Northern region and parts ofthe Volta region, this has already resulted inviolent clashes.

About 40 percent of all respondents in thethree study areas encountered disputes of oneform or the other. Specifically, about 51percent of respondents in Accra hadencountered disputes on their title. Accra isthe most acute of all as there is no over all

allodial landlord in the area. Here families orclans control land. Kumasi, recorded 27percent and Tamale 24 percent. In Kumasi,land disputes were now rising so fast that theAsantehene directed all land disputes to bewithdrawn from the Law courts and heard bytraditional councils. Admittedly, these werechieftaincy matters but had implications forland tenure since the rightful occupant of thestool, by implication, held the village lands,albeit in trust for the community.

The types of disputes were classified intothose relating to boundary, ownership, landuse, inheritance relating to land and commonresources. In Accra, about 57 percent of thosewho encountered disputes encountered themover ownership of land. In Kumasi, the majorityof the respondents, (about 55 percent) haddisputes over land titles. The relatively lowlevel of land disputes (27 percent) in this city

32 l RICS Research

19

89

19

90

19

91

19

92

19

93

19

95

19

97

20

00

20

01

20

02

500

1000

1500

2000

2500

Applications to the survey department

Received

Completed

could be attributed to the centrality of allodialownership and the fact that all landtransactions need to be certified by theAsantehene. All the disputes recorded inTamale were on boundaries and landownership. The type of disputes faced byinstitutions was mainly encroachment on theacquired lands. Such institutions include themilitary, police and the utility bodies. Forinstance a forensic audit report on the StateInsurance Company (SIC) has recommendedthe deletion from the books of the company ofits Greenhill land, valued at ¢19.7 billionbecause it has been totally encroached upon.

The Greenhill land forms part of several plotswith the total value of ¢34 billion acquired bySIC in several parts of the country, especiallyin Accra and Kumasi, that have been left atthe mercy of encroachers. The governmentacquired the Greenhill land in 1979 for SIC todevelop it into housing units for the public andmembers of staff.

Most of the disputes which were resolved inAccra and Kumasi, were by the law courts. InTamale, the traditional authorities played agreater role in resolving land disputes.Surprisingly, in Tamale again, institutions such



0

10

20

30

40

50

60

Accra

Kumas

i

Tamale

Total

Boundary

Ownership

Use

Inheritance

Common resources

Nature of disputes

as the CHRAJ, Police service, and the LandsCommission secretariat played a crucial role insettling some of the disputes that occurredbut most of them were related to commonresources and the right to put land to aparticular use.

When it comes to contesting for theownership of an interest in land, the poor andthe less connected in society are thevulnerable. Most of them cannot engagelawyers to represent them. Besides, thelengthy legal process is enough to scare themaway. Even at the traditional level ofadjudication evidence exists that the powersthat be have had decisions made in theirfavour by influencing the process. Those welloff are also well informed of the legalrequirements and have taken advantage of thebenefits of registration.

Courts and conflict resolutionA major objective of the land policy is tominimise and eliminate, where possible, thesources of protracted land conflicts andlitigation in order to bring their associatedeconomic costs and socio-political upheavalsunder control. To say that the land sector isbedevilled with numerous land suits is anunderstatement.

Statistics at the judicial service registry showthat land litigation ranks first in the number ofcases pending at the Accra and Kumasi courtsdespite the introduction of land titleregistration, (PNDC Law 152) and thesubsequent establishment of the adjudicationcommittees. One of the issues confronting theland sector is the seemingly endless delay inthe country’s courts. There seems not to be

any information on the outstanding land casespending before the courts as there is no up-to-date record on the number of casespending at registry. For instance the Ministerfor Lands and Forestry on 3 July 2003 editionof the Ghanaian Chronicle, is alleged to havesaid that the outstanding land cases beforethe High Courts in Accra is 60,000. Sarpong,in a report to the FAO (1999), also reportedthat there were 20,000 land cases pendingbefore the High Courts in Accra. Some legalexperts say it is 26,000. Kotey, Co-ordinator ofthe German Technical Co-operation project onLegal Pluralism and Gender, in the April 8,2003 edition of the Ghanaian Chronicle,announced that about 80,000 land caseswere pending before the High Courts in Accra.

Statistics at the judicial registry, Accra, revealthat Kumasi has the highest documentednumber of pending cases on land. At the Highcourt, it accounted for more than 70 percentof the total 48,206 cases and at the Circuitcourt about 40 percent of the 12,730 cases.Accra comes next in both the High and Circuitcourts. This should not be seen as evidence ofa functioning court system in Accra or ratheras more cases being dealt with speedily ascompared to Kumasi. As rightly said by thechief statistician of the judicial service, it israther that figures quoted as the number ofcases brought before the courts are notrepresentative of the exact situation. Mostregional registrars interviewed admitted that,by virtue of the kind of returns they submit,could not tell the exact number of casesplaced before their courts and the number thatwas dealt with in a particular period of time.For example it was only 22 courts,representing 10.3 percent, which could tell the

34 l RICS Research

number of cases placed before their courts in2001. It is worth mentioning that none of theHigh Courts in the country (including theAccra High Court, which has 16 judges sitting)is included in the 22 mentioned above. Againthe return forms do not make provision for thetypes of cases being dealt with and so most ofthe circuit courts lump the cases together.

On average, it takes five to eight years toresolve land cases before the courts. A checkat the High court registries in Accra andKumasi revealed that there are land casesfiled in the 1960s which are still pending. Thechoking of the courts with land litigation casesresults in delays, frustrations and hugefinancial losses to contestants.

This figure underscores the need to deviseand use alternative methods of resolving landdisputes. Yet the Adjudication Committeeunder the Law 152 is not functioning. Since1999, when the World Bank withdrew itsfunding, the committee has ceased tofunction. It has virtually no equipment, no lawbooks, and poor surroundings. The committeeshave had problems with non-appearance ofcounsel at hearings, inadequate briefs andexcessively rigid adherence to formal courtprocedures Public confidence in theadjudication committees would greatly beimproved if a modest amount of funds wereallocated for renovation of the court, provisionof basic furniture and computers for preparingand printing proceedings. Users of thecommittee’s services pay no fees. This issurprising in view of the fact that lawyers whoare paid substantial moneys usually representthe parties. The committees should chargefees for their services. The establishment of a

secretariat for the adjudication committeewithin the land registry will help to ensure thatcases are dealt with systematically, sufficientbriefs are given to committees allowances andfees are dealt with.

In any given situation, the ability to enforcerights depends on the ease with which rightsholders can access the right institutions andobtain legally binding decisions from them.Having a legally defined right will be of littlevalue if, in case of violation of this right,access to the court is difficult, the case willnot be heard for a very long time or will not beresolved without paying bribes. Indeed,researchers have identified the failure toenforce ‘formal’ property rights in Kenya asone of the reasons for the failure of titlingefforts to provide increased security of tenure(Roth et al, 1994).



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prerequisite for functional andefficient land markets is clear proofof ownership. Throughout the

interview, one common problem identified fornon-registration of interests was thecumbersome procedure of registration. It isimportant therefore that the cost and time ofregistration be reduced to open the door forthe many outside the ‘bell jar’. The main reasonfor the long registration process was theexistence of bribes. Poor people are not ableto influence the registration period and sohave to make several visits to the registries.

Land banking should be considered. Thiswould make land transactions safe, secureand affordable through the creation of landbanks, which will, in turn, sell or allocate landto prospective developers and/orentrepreneurs. The land bank, whenestablished, could enable both private andpublic organisations to acquire informationabout land at a reasonable cost so thatinvestment decisions can be made safely.Here land owners who may wish to offer theirland for leasing or renting on a long termbasis, can register their details. Land bankscan offer a one-stop land acquisition servicefor potential investors similar to the free zonesconcept. However, to obviate the problemsrelating to land acquisition in Ghana describedabove, it will be necessary for the Governmentto ensure that potential investors receivesecure titles to the land they are renting orleasing over the life of the rental or leaseagreement.

The consideration being given to theconsolidation and updating of the variousstatutes affecting lands in a single property

system as well as the codification of thedifferent customary rules on land tenure underthe LAP should be intensified. A single sourcefor land-related laws would speed thedevelopment process and increase theaccessibility to land over the long term. Itwould also simplify the procedure of landacquisition for investors. In the developedworld, the integration of all property systems inthe form of one formal property law shiftedthe legitimacy of the rights of owners from thepoliticised context of local communities to theimpersonal context of law.

The majority of Ghanaians could not afford ahouse on their own (see the evidence fromthe field) and so most of them are activelyinvolved in the rental market. Yet not muchattention has been paid to this sector. Thus itis important that rental markets be given moreattention, because of their low transactioncosts and greater accessibility for the poor.Rentals do not involve the permanentalienation of land and provide benefits for bothlessors and lessees. Thus adequate attentionshould be focused on the monitoring andregulation of the rental market in view of thedamning evidence produced earlier. Accordingto GREDA, there are always a substantialnumber of people who do not wish to buy, whoare unable to buy or indeed who are incapableof even accepting the responsibilities of homeownership. If privately rented accommodationvanishes, the housing parastatals cannot fillthe vacuum

The solution to the problem of outstandingland litigation at the courts lies in the widercontext of finding a solution to the problemsentailed in litigation in general: provision of

11 The way forward



AA

automatic recorders; improvement in thequality of staff and working environment in thejudicial service; the review of stultifying andarchaic procedures in the administration ofjustice etc. This is a challenge that both thejudiciary and the government face. Fortunately,the present constitutional dispensationguarantees the independence of the judiciary;including financial autonomy. The judiciary thusshould, through careful planning, workmethodically towards the elimination of theobstacles that militate against the smoothadministration of justice. The governmentcould also assist in the modernisation of thesystem through the provision of facilities likerecorders.

An incomplete registration of land may haveworse consequences than no land registrationat all (Dale and McLaughlin, 1998). Sinceinterests in land are an institutional construct,they must be represented by information; themore reliable the information, the more usefulit becomes. This can be achieved by controlledexaminations of incoming documents andcertification of documents by professionalsbefore the documentation even reaches theregistries. Improved quality does not only comeby examination but by also effectivetechniques for storing and retrievinginformation.

In recent years, attention has been given tostreamlining the cost of land administration,enhancing its revenue capabilities, andrequiring a more businesslike approach so asto improve the efficiency of the land sectoragencies. In several countries, includingSweden and Britain, for instance, the landregistry system is expected to operate at a

marginal but not excessive profit (Dale et al,1998). According to the Economist (1998)the overall transaction cost including survey,legal, and registration fees but excluding taxeson a property worth about US$200,000ranges from about 3 percent in Australia andEngland, through 5 percent in Sweden, 6percent in US, 8 percent in South Africa, to 10percent in Portugal. The cost recovery analysisis based on an analysis of payments to thestate made by beneficiaries of land agencyservices and the costs incurred by the state inproducing and delivering those services. Theaccounts of the various agencies have beenprepared under the historical cost convention,and on the cash basis of accounting. Theaccounts should reflect the accrual-basis ofaccounting to recognize the likelihood ofprepayments and outstanding liabilities at theend of the fiscal year. For example, theintroduction of accrual-based accounts in NewZealand was aimed at gauging how efficientlycapital was being employed and to preventoutput targets being achieved by runningdown physical or human capital rather thanimproving services (Dale et al, 1998).

The mechanism of cost recovery is effectivelyimplemented through all fees and direct taxesto be charged by the various landadministration and management agencies.Nevertheless cost recovery mechanismsshould:

l be fair, socially equitable, simple, affordableand transparent;

l be flexible to meet changing economy andcircumstances;

38 l RICS Research

l encourage the mass registration of landwithin a targeted timeframe

l encourage the active participation ofstakeholders in the formal market.

In this regard, based on the level oftransaction in land, it is recommended that themain sources for incremental state revenueswould be (i) transfer fees from a largernumber of transactions and based on higherland values; (ii) higher land tax revenues as aresult of better collection rates due to moreaccurate land records and a more realisticassessment of land values; and (iii) incometaxes on capital gains from land valueincreases.

Finally an option which the government anddistrict assemblies could promote is theconcept of community land trust16. As wasnoted, many households in Ghana experiencelagging wages or unemployment, thus thepurchase and financing of a house isincreasingly difficult. High land cost has beenidentified as a major obstacle to developingand securing affordable housing for lower-income families. One way to address this landissue is to purchase a house without the landand community land trust is one mechanismthat allows this arrangement. The purpose ofsuch an arrangement is to provide affordablehousing in perpetuity by owning the land andleasing it to those who live in houses built on

that land. This arrangement provides residentswith shelter, security of tenure, access tocredit and access to urban services amongother benefits.

ConclusionThis study set out to examine some of theproblems encountered in accessing land forhousing. The study has identified manyobstacles which hinder land access, the mostimportant being the cost of land and theuncertainty involved in land ownership. Anumber of recommendations, among which isthe concept of community land trusts, havebeen made. The study should thus be seen asa modest contribution to the subject and animportant contribution towards thedevelopment of a conceptual framework forthe creation of the necessary procedures andguidelines for accessing land in Ghana, andfor that matter, a useful contribution to theimplementation of the Land AdministrationProject.



16. Further research on this arrangement is needed to considerthe modalities.

NNOOTTEE

Adlington, G, Clarke ,G and Shepard, R(1998). Urban Land Administration Study.Washington, D.C: Infrastructure Division.

Anderson, J E, Andreasen, J, and Tipple, G(2006) The demise of compound houses,RICS, London

Antwi, A (1996), Land Markets, TenurialStructures and Economic Development: SomeIgnored Aspects of Urban Land PolicyImplementation in Developing Countries: AGhanaian Example. Edinburgh, NapierUniversity, Department of Building andSurveying.

Aryeetey, E (1996) Small Enterprise Credit inWest Africa (Accra, British Council/ISSER).

CDD, Ghana (2000), Corruption and OtherConstraints on the Land Market and LandAdministration in Ghana: A preliminaryInvestigation.

Dale, P. & McLaughlin, J (1998), LandAdministration. Oxford University Press,London

Darin-Drabkin, H (1973) Land Policy andUrban Growth.

de Soto, H (1989) The Other Path: TheInvisible Revolution in the Third World, NewYork: Harper and Row.

de Soto, H (2000), The Mystery of Capital:Why Capitalism triumphs in the West and failseverywhere else. Bantam Press, London.

Deininger, K, and Feder, G (1998), Landinstitutions and land markets. A paperprepared as a background for the comingHandbook on Agricultural Economics, WorldBank, Washington, D.C.

Economist (1998), Buyers’ Blues. TheEconomist, 5 September.

Farvacques, C. and McAuslan, P (1992),Reforming Urban Land Policies andInstitutions in Developing Countries.Washington, World Bank.

Gambrah, A (2002) Improving Land TransferProcedures in Ghana, Journal of the KwameNkrumah University of Science andTechnology, Kumasi, Vol. 22, Nos. 1,2& 3

Ghana Statistical Service (2000) GhanaLivings Standard Survey (Accra, Ghana; GhanaStatistical Service).

Ghana Statistical Service (2000), Populationand Housing census.

ISSER (2001),The State of the GhanaEconomy in 2000, K. ASENSO-OKYERE, Ed.The State of the Ghana Economy (Legon,Institute for Statistical, Social and EconomicResearch, University of Ghana, Legon).

Kasanga R K, Cochrane J, King R, and Roth M(1996), Land Markets and legal contradictionsin the peri-urban area of Accra Ghana:Informant Interview and secondary datainvestigations.

References

40 l RICS Research

Land Administration Project (2003), Ministryof Lands and Forestry, Accra.

Migot-Adholla, S.E., G. Benneh, F. Place, and S.Atsu, (1994), Land, Security of Tenure, andProductivity in Ghana in J.W. Bruce and S.E.Migot-Adholla (eds.), Searching for LandTenure Security in Africa, Dubuque, Iowa:Kendall/Hunt Publishing Cy.

Mahama, CA, Institutional and Legalarrangements for land Development in Ghana;Unpublished PhD Thesis, Department of LandEconomy, University of Cambridge, UK.

Ministry of Land, Forestry and Mines (1999)National Land Policy (Accra, Ministry of Landsand Forestry).

Ministry of Finance and Economic Planning(2002), Budget Statement, Accra,Ghana.

Government of Ghana (2000), NationalPoverty Alleviation Strategy.

TD Consult (1999) National Shelter Strategy.Ministry of Works and Housing, Part 1 (Accra,Ministry of Works and Housing).

Tipple, A. G., Korboe D, Wallis K & Garrod G(1998), Who is Building What in Urban Ghana,Cities.

Accra Planning and Development Programme(1991) Context Report - Volume 1.Department of Planning and LocalGovernment, 1 (Accra, Accra Planning andDevelopment Programme).

Williamson. I (2000), Land AdministrationGuidelines. International Conference on LandPolicy Reforms, Jakarta.

Woodman, GR (1996), Customary Land Lawin the Ghanaian Courts. Ghana UniversitiesPress, Accra.



AMA Accra Metropolitan Assembly

CBD Central Business DistrictCDD Centre for Democratic Development

GLSS Ghana Living Standards Survey

GREDA Ghana Real Estate Developers Association

HIPC Highly Indebted Poor Country

ISSER Institute of Statistical, Social and Economic Research

KMA Kumasi Metropolitan Assembly

KNUST Kwame Nkrumah University of Science and Technology

LAP Land Administration Project

NLP National Land Policy

OASL Office of the Administrator of Stool Land

PNDCL Provisional National Defence Council Law

SSNIT Social Security and National Insurance Trust

List of Abbreviations

42 l RICS Research



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Brown, G.R. and Matysiak, G.A. (2000) Realestate investment - a capital marketsapproach, Financial Times Prentice Hall,Harlow.

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Royal Institution of Chartered Surveyors(1994) Understanding the property cycle,London.

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