Impacts of Socio-political Organisational Structures Underpinning Indigenous Land Tenure Systems. Evidence from Ghana

Abstract

To benefit from the underutilised potential of urban land resources, the introduction and improvement of land registration and cadastral systems have been advocated. However, evidence from empirical research in a number of developing economies including those in Sub-Saharan Africa (SSA) continues to show mixed or inconclusive outcomes from the implementation and operations of such systems. This paper argues that for introduced formal systems to succeed in providing the relevant outcomes it is essential to examine the socio-political organisational structures that underpin the prevailing customary land tenure practices. The paper focuses on the examination of the changing roles of authority structures and rules regarding control and access to land resources within the context of the customary land sector. Due to the varying influences of colonial and post-colonial policies and laws, a dualistic land tenure regime consisting of formal and customary structures and rules has emerged that mediates the land delivery processes to varying degree across countries in SSA. The findings of the current study highlight the importance of social organisation that gives form, meaning and relevance to a land tenure system. This suggests that there is the need to be cautious when embarking on land rights formalisation activities, since unintended outcomes can occur given the peculiarities of the social context of a jurisdiction. Particularly, any strategy for improving land registration systems for the provision of land information must take into consideration the nature of the land tenure systems, especially the customary structures and rules in a particular jurisdiction.