Introduction
Access to land in Ghana, especially in the national capital and other commercial centers of the country, has remained a problem for many years. The processes of land acquisition in the country are complicated, with the result that disputes and litigations over land ownership and common. These concerns provide a backdrop for contentions that arise when land is acquired. Development is hindered when these issues occur because potential investors are forced to relocate their projects to other parts of the country or out of the country altogether.
Emerging Issues
Land in Ghana is largely owned by traditional authorities, families, and the government. The largest portion of land in Ghana is owned by families and royal stools. The process for acquisition, though slightly different among different societies, is largely the same across the country. Access to land and the complexities surrounding it are however still evolving. Some of the emerging issues around access and security include the following:
Land Guards: Sale of the same portion of land to several people who unknowingly purchase it are common. Due to the multiple sale of the same piece of land and fraudulent nature of transactions surrounding land acquisition, persons with financial muscle usually hire armed guards to guard land they have acquired. The armed watchmen over purchased land who are known locally referred to as land guards, are in many instances persons of dubious or criminal backgrounds. Since they are armed, they sometimes cause harm to legitimate land owners and intimidate potential buyers some of who are investors in need of land for commercial projects.
Corruption: Another security challenge is corruption and fraudulent practices that occur during land transactions. There have been instances where people have attempted to fraudulently sell or transfer land that they do not own, causing financial losses and legal complications for buyers. A classic example is a case in Akraman in the Central Region of Ghana where a caretaker sub-chief was killed over the resale of lands and intimidation of leaseholders whose purchases did not originate from him.
Boundary Disputes: This is another challenge that pits townships against each other. This particular challenge has been exacerbated by legal judgments which sometimes reverse the ownership of large tracts of land after the case has been in court for several years. When this occurs, leaseholders with legitimately registered interests suffer, as they go through the pain of negotiating with the supposedly new landowners. It has become a major source of income for winning parties in these disputes. It is alleged that such issues are contrived to create income streams and shared among key parties.
Poor Documentation: In spite of investments in projects and systems to improve the security of land title, challenges persist in land administration. Inadequate documentation and weak enforcement of property rights make it difficult for buyers to prove their ownership of land and protect their investments. This lack of proper processes and security of title increases the risk of illegal activities such as encroachment or forced eviction by third parties claiming ownership.
Differences in Tenure Systems: As indicated earlier, there are differences in land tenure systems across the country. As a result of these differences, the process of land acquisition in Ghana is not uniform. These customary systems do not align with formal legal procedures, often creating confusion and potential conflicts during the acquisition of communal lands.
Increasing Land Sales to Foreigners: Increasing land sales to persons who are not Ghanaian is a major creeping problem that would make Ghanaians foreigners in their own land. Large tracts of land are being sold to Chinese, Nigerians, and other foreign nationals because they are able to pay huge sums which Ghanaians in need of land for investment and other purposes cannot afford. Simmering tensions in many areas where land has been sold to foreigners, could explode when the right triggers occur.
Impacts
The discussion above has pointed to some of the possible impacts of negative activities in land administration and land use in Ghana. These impacts, some of which have always been in existence for decades but have been exacerbated recently, are summarized as follows:
Increased Land Disputes: Difficulties in acquiring land often lead to conflicts and disputes among different parties claiming ownership or rights over the same piece of land. These disputes can escalate into violent confrontations, posing a threat to the safety and security of individuals involved.
Criminal Activities: The lack of proper regulation and documentation of land ownership, has created opportunities for criminal activities such as illegal sales, fraud, forgery and encroachment on private properties. This is increasingly undermining law enforcement efforts and resulting in increased crime rates, including the recent incident of the murder of a soldier over land.
Social Unrest: The sale of large tracts of land to foreign and local businesses without appropriate consultation with locals is leading to scarcity or unfair distribution of land across the country. Discontent among individuals or groups who feel marginalized or deprived of their rightful access to land resources, could easily lead to protests, demonstrations or even riots.
Insecurity for Investors: The uncertainties surrounding land acquisition in Ghana are a major disincentive and discourage both local and foreign investors from engaging in long-term business ventures that require extensive land holdings. This is hampering economic development and depriving communities of potential job opportunities.
Food Security: It is a matter of concern that Ghana will face low agricultural productivity if access to land is not improved in the medium term. Access to land is fundamental for agriculture in Ghana. While many farmers in the country are smallholder farmers, cultivating an average of one and a half acres annually, denying them access to land will negatively impact agricultural output and thereby affect overall food security in the country eventually.
Environmental Degradation: Environmental degradation is a reality fast staring Ghanaians in the face. Due to the lack of effective security and oversight in land administration, Ghana is likely to see an increase in illegal gold mining activities and worsening destruction of the environment and large tracts of land needed for agricultural purposes.
Conclusion
The issues discussed above represent a clear danger as Ghana increasingly slides into land insecurity. The challenges are also creating a new breed of Ghanaians who have very little respect for the law and make their living largely from the insecurity and lawlessness surrounding land acquisition and sales. The security challenges surrounding land acquisition in Ghana highlight the need for improved legal frameworks, openness in the processes for acquisition, effective legal systems for ensuring the security of title and effective dispute resolution mechanisms. Overall, the security impacts arising from land acquisition and usage in Ghana have far-reaching consequences on social stability, economic growth potential, environmental sustainability, individual safety, communal cohesion and the country’s development efforts. Addressing these issues will help ensure a more secure environment for individuals and organizations seeking to invest in land in Ghana.
