Evaluating Some Major Assumptions in Land Registration: Insights from Ghana’s Context of Land Tenure and Registration

Abstract

A discussion of the assumptions that underlie efforts to register land enables us to not only evaluate their validity across different contexts, but most importantly, to further understand how the low incidences of land registration might derive from very fundamental sources outside of differences in technology and approaches of recording. Building on existing literature and previous research in Ghana, this study has identified and evaluated three such assumptions, namely, land rights registration is desirable, all land rights are registrable, and access to the registration system is an administrative event. We analyzed each assumption in order to find out how they manifest in conventional approaches as well as what they imply for emerging fit-for-purpose (FFP) approaches. In the context of Ghana, we find that (a) there are variations in desirability across space (urban vs. rural) and among landholders; (b) many land rights are registrable, but not all, unless we accept a loss in meaning; and (c) access to the registration system can be an administrative event between surveyor/surveyed, but it is often a process of connecting multiple actors and practices. We conclude that close attention needs to be paid to scenarios where these fundamental assumptions fall short, in order to finetune them and redirect associated implementation strategies.

Do Design Science Research and Design Thinking Processes Improve the ‘Fit’ of the Fit-For-Purpose Approach to Securing Land Tenure for All in South Africa?

“…With comprehensive reports forming part of the review, saturation sampling was reached-the list of problems is comprehensive and spans those identified in the early stages prior to the implementation of land reform, as well as those identified reflectively. Similar problems have been identified in applying a FFP approach internationally as reflected in the FFP literature and selected case studies [13,21,22,45,49,51,52,59,60]. However, the intention of this paper is not to summarize the problems but to assess the combined thematic framework.…”

“…However, communal area residents have little voice [5]. The approach reflected by Abubakari et al [45] also borders on empathy with detailed investigations into the effects of codification, and who was affected. The High Level Panel report of 2017 as well as the 2019 Advisory Panel Report paid particular attention to hearing first-hand the lived experiences of people who live in South Africa [8,9].…”

“…This reveals that empathy for how problems affect stakeholders is an important aspect of the process, further endorsing the DT approach. Abubakari et al [45] highlight the importance of identifying problems with sensitivity to geographical and actor variations in the practices and norms, as well as including socio-political factors and sensitivity to the effects of codification. This counters the drive to find solutions that can be delivered at scale and promotes a more nuanced approach that could also benefit from DT at the design phase since it challenges assumptions and promotes creative thinking.…”

“…Barry highlights some of these-competing goals, the influence of power, corruption, and contrasting organizational cultures [25]. Abubakari et al identify political, economic, and sociocultural contingencies to which the FFP approach is not particularly sensitve [45], although the FFP approach's use of spatial, legal, and institutional components reveals some level of systems thinking. Sensitivity to gender issues with respect to land is also important in South Africa [8,44] social strategies for gaining access to land and securing tenure (often multiple and overlapping holders and rights), especially within informal and customary settings [61].…”

Advances in the Coordination between the Cadastre and Land Registry

“…Coordination has been discussed since the earliest days, but it has not been earnestly pursued until very recently. In various other nations, the subject of land administration and cadastre is being widely discussed, and these nations include Namibia [30], Rwanda [31], Ghana [32], Indonesia [33], and Ethiopia [34].…”