By A. Arko-Adjei

Old event in lots of Sub-Saharan African nations demonstrates that an alternate method of traditional land management tools is needed to adequately safe tenure and administer land rights in everyday components. This ebook is ready facing the dynamics of common tenure and with land governance and institutional means matters essential to enforce land management on the neighborhood point. equipment for imposing land management structures on the neighborhood point were awarded in a three-phased tenure version. the writer concludes that common tenure associations have their very own mechanisms for adapting to societal switch and a fascinating resolution might hence be to conform land management to the institutional framework of widespread tenure. the data during this ebook should be crucial for tutorial paintings in land management in constructing international locations. it is going to end up an invaluable reference for coverage makers and practitioners within the land management field.

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Additional info for Adapting Land Administration to the Institutional Framework of Customary Tenure: The Case of Peri-Urban Ghana - Volume 39 Sustainable Urban Areas

Sample text

The formalisation of customary tenure is not a new phenomenon in Sub-Saharan Africa; it dates back to the colonial period, when laws and institutions were imposed on customary and indigenous African institutions. From the nineteenth century onwards, several formalisation strategies and land policies were adopted in SubSaharan Africa. These aimed to improve tenure security and encourage economic development in customary lands. Most of these strategies and policies [ 29 ] were based on theories and concepts that tended to replace or modify customary tenure with freehold tenure options, and made state institutions responsible for land management.

Logically, these rights cannot be recognised unless one simultaneously recognises the existence of the customary regimes that sustain them [ 22 ] (Alden Wily, 2008). Therefore, whether they are individual or shared, customary interests and/or rights gain their existence and legitimacy from group or community support (Agbosu, 2000). Customary law In customary tenure systems, the control of land is based on customary law. Customary law is a body of what are usually unwritten rules, with a legitimacy that is grounded in ’tradition’ (Cotula, 2007).

Drawing on these examples and experiences from other countries allows us to better understand the case of Ghana, and also helps to justify the need for an alternative framework for administering land in customary areas. In Chapter 3, the framework for administering land in Ghana is analysed with a view to better understanding the extent to which Ghana has adapted to formalisation strategies, and also how Ghana’s LA framework supports the administration of customary land at the local level. Next, a set of research questions and methods used for the case study were constructed (Step 3).

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