Land ownership disputes in Ghana arise from unclear titles, inheritance issues, and urbanization. Solutions include traditional mediation, courts, improved documentation, ADR, and public education
Land ownership in Ghana is a significant and highly disputed issue. The importance of land makes disputes over ownership and boundaries difficult to resolve. Understanding the causes of these disputes and the mechanisms for addressing them is essential for persons who deal with land.
Types of Land Ownership in Ghana
Stool/Skin Lands
These are lands owned by traditional leaders on behalf of their communities. The leaders manage these lands for the collective benefit of their people. Lands in Frafraha for example are owned by the La stool.
Family/Clan Lands
These are lands owned collectively by extended families or clans. Decisions regarding the use or sale of these lands require agreement from family members. Lands in Ningo for instance belong to various families.
State/Public Lands
These are lands acquired by the Government for public benefit, such as schools, hospitals, and infrastructural developments. These lands are managed by state institutions like the Lands Commission on behalf of the State.
Private/Individual Lands
These are lands legally acquired by individuals or entities, either through purchase, inheritance, or grants by the State or traditional authorities.
Vested Lands
This is a form of ownership where the State takes over the management of stool/skin lands on behalf of the traditional leaders. The Government only manages the lands whilst ownership remains with the traditional authority.
Causes of Land Ownership and Boundary Disputes
Uncertainty of Land Titles
The absence of clear and documented land titles results in multiple claims of ownership to the same piece of land. In many cases, a piece of land may be sold to multiple buyers, leading to disputes as to the real owner.
Inheritance Issues
Lands owned by families are usually the subject of conflicts, especially when there is no clear agreement on how the land should be divided or managed among heirs.
Rapid Urbanization
The growing demand for land in urban areas has also led to unauthorized land sales, often resulting in boundary disputes. But there are mechanisms that individuals and business owners can consider to resolve them.
Land Disputes Resolution Mechanisms
Traditional Authorities
Land disputes may be brought first before traditional leaders, such as chiefs or elders, who mediate and settle disputes based on customary laws and practices.
Courts
The country’s judicial system provides for specialized land courts which handle land disputes.
Alternative Dispute Resolution (ADR)
ADR methods such as mediation and arbitration may be used to resolve land disputes. These methods may be faster and less costly than litigation.
Customary Land Secretariats (CLSs)
The CLS was established under the Land Administration Project (LAP) and serves as a center for land administration within traditional areas. They facilitate documentation, registration, and resolution of land disputes at the community level.
Measures for Preventing Land Disputes
Improved Land Documentation
Promoting the proper documentation and registration of all land transactions might help reduce disputes. Although efforts have been made to automate the registration process, this could be improved and would encourage land and property owners to register their lands and properties.
Punitive Measures
Persons who sell lands to more than one individual must be dealt with swiftly and punitively by the law. This will discourage others from engaging in similar practices which will reduce the rate of land and boundary disputes in the country.
Public Education and Awareness
Increasing public awareness of land laws, the importance of land registration, and the risks of unregistered land transactions will reduce the chances of disputes.
Land ownership and boundary disputes in Ghana are complex issues that have been in existence since the dawn of history. While significant challenges still exist, ongoing changes in land administration and the use of ADR create a more efficient way for the resolution of disputes.
Knowledge and understanding of land transactions and the laws that govern them is essential for businesses as it informs businesses of the options available to them if a dispute arises.
