Abstract

Typically, peri-urban areas are havens and vulnerable receptors of customary land rights (CLRs) disputes due to the intrusion of urban activities or an uncoordinated mix of both. Although it is a dictum that CLRs cause setbacks to socioeconomic and spatial development, there seems to be a paucity of empirical studies on the effects of the CLRs disputes on the development of peri-urban areas, especially in developing countries, such as Ghana. This study addresses this issue by establishing a link between peri-urban transformation and emerging CLRs disputes, while assessing the effects of these disputes on the development of peri-urban areas. The study adopted a problem-centered mixed methods approach with a focus on the case of Trede, a town in Ghana transitioning from rural to urban status. Findings reveal that the changes leading to enhancing of peri-urban transformation are also the same changes inducing CLRs disputes in the area. It was found that the implementation of a local land use plan is a critical driver of CLRs disputes in Trede. A land-use plan implemented as a major step in converting rural lands into urban plots, triggered tenurial changes, land market development, high land values, loss of agricultural land, etc., which become recipes for the CLRs disputes in the study area. These CLRs disputes have hatched detrimental consequences on the economic, social, and physical developmental trajectories of Trede. As a way forward, the study proposes measures for peri-urban land management and CLRs dispute prevention.

Highlights

  • The challenge posed by customary land rights disputes in developing countries has been well documented in literature [1,2,3,4]

  • Since physical development in the town follows the requirements of the existing land use plan, it can be deduced that the land use plan is monolithic as it gives priority to urban land uses than agricultural uses

  • Using the experience from Trede, this study sought to create an understanding of how peri-urbanization and its associated customary land rights (CLRs) disputes effects on the development of the peri-urban space

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Summary

Introduction

The challenge posed by customary land rights disputes (defined as any claim, disagreement, or contestations over the right to use, control, and management of customary lands) in developing countries has been well documented in literature [1,2,3,4]. Land 2020, 9, 187 tenure rights to become subjected to different land management regimes and administration system which may come in conflict leading to disputes, contestation, and violence These have resulted in significant peri-urban development issues. It is worth noting that changes in customary land tenure system move in tandem with changes in ownership, control, and land uses New actors, such as urban elites and foreign investors, move into peri-urban areas to compete for land for residential, commercial, and speculative purposes [12,13]. In their attempt to defend their rights, enter direct struggle with chief, whiles others physically attack new buyers from entering their lands or sometimes go to the extent of destroying newly built-structures [13,17] These are some of the undesirable consequences of customary land rights disputes. We draw logical conclusion on the analysis and make recommendations towards policy reforms in managing peri-urban lands and CLRs dispute prevention

Putting Peri-Urban and Peri-Urban Transformation into Context
The Interface between Land Tenure and Peri-Urban Development
The Dynamic Customary Tenure System Versus Transformative Peri-Urban Area
Description of Case Study Area
Methods
Institutional Transformation
Economic
Physical Transformation
Maps of built-up area of Trede
Socio-Psychological Transformation
Customary Land Rights Disputes
Deviation from Inheritance Rule
Chiefs Using the Right of Re-entry to Resell Lands Already Allotted
The New Local Plan as a Recipe of Land Disputes
Rising Land Values
Loss of Income for Local Farmers and Private Developers
Unemployment
Break Down of Family Relationship
Discouragement of Communal Spirit and Solidarity
Emotional Distress and Loss of Lives
Limited Infrastructure Development
The Role of State Land Sector Agencies in Customary Land Management
Policy Implications and Recommendations
Conclusions
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