Custom, modernity, and stability of land rights in Ghana: An empirico-legal review
Land in Ghana is mostly governed by customary tenure systems. The sole purpose is ensuring the egalitarian use of land resources to secure the welfare of customary families and individuals with common interest in land. However, a confluence of issues including obstinate national policies on land, gl...
Saved in:
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Taylor & Francis Group
2023-12-01
|
| Series: | Cogent Social Sciences |
| Subjects: | |
| Online Access: | https://www.tandfonline.com/doi/10.1080/23311886.2023.2209366 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849421621658386432 |
|---|---|
| author | David Anaafo Anthonia Ayamga Paul Bata Domanban |
| author_facet | David Anaafo Anthonia Ayamga Paul Bata Domanban |
| author_sort | David Anaafo |
| collection | DOAJ |
| description | Land in Ghana is mostly governed by customary tenure systems. The sole purpose is ensuring the egalitarian use of land resources to secure the welfare of customary families and individuals with common interest in land. However, a confluence of issues including obstinate national policies on land, globalization, and land grabbing, and changing socio-economic context, have synergistically altered the customary regimes with varied and complex consequences for rural land access and use rights. This paper through narrative literature review unpacks the legal regime for customary land governance on the one hand, and empirical studies on the other, to understand the extent of destabilization of the bundle of rights in Ghana’s property rights regime. This review shows the different bundles of rights examined have different levels of stability. Access and use rights remain the most stable, use, and withdrawal rights are under severe stress, while exclusion and alienation rights seek to strengthen chief authority over land. The trusteeship role of chiefs has been replaced by powers resembling absolute ownership, thereby tacitly supporting the alienability of land by chiefs, a development unintended by customary land governance relations. |
| format | Article |
| id | doaj-art-cc8f80c907104fa898cef4a4388cac18 |
| institution | Kabale University |
| issn | 2331-1886 |
| language | English |
| publishDate | 2023-12-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | Cogent Social Sciences |
| spelling | doaj-art-cc8f80c907104fa898cef4a4388cac182025-08-20T03:31:24ZengTaylor & Francis GroupCogent Social Sciences2331-18862023-12-019110.1080/23311886.2023.2209366Custom, modernity, and stability of land rights in Ghana: An empirico-legal reviewDavid Anaafo0Anthonia Ayamga1Paul Bata Domanban2Department of Planning and Sustainability, University of Energy and Natural Resources, Sunyani, GhanaRegional Economic Planning Coordinating Unit, Bono Regional Coordinating Council, Sunyani, GhanaDepartment of Development Studies, SD Dombo University of Business and Integrated Development Studies, Wa, GhanaLand in Ghana is mostly governed by customary tenure systems. The sole purpose is ensuring the egalitarian use of land resources to secure the welfare of customary families and individuals with common interest in land. However, a confluence of issues including obstinate national policies on land, globalization, and land grabbing, and changing socio-economic context, have synergistically altered the customary regimes with varied and complex consequences for rural land access and use rights. This paper through narrative literature review unpacks the legal regime for customary land governance on the one hand, and empirical studies on the other, to understand the extent of destabilization of the bundle of rights in Ghana’s property rights regime. This review shows the different bundles of rights examined have different levels of stability. Access and use rights remain the most stable, use, and withdrawal rights are under severe stress, while exclusion and alienation rights seek to strengthen chief authority over land. The trusteeship role of chiefs has been replaced by powers resembling absolute ownership, thereby tacitly supporting the alienability of land by chiefs, a development unintended by customary land governance relations.https://www.tandfonline.com/doi/10.1080/23311886.2023.2209366Customary landempirico-legalland governancecustom, modernity, and stabilityland rightsGhana |
| spellingShingle | David Anaafo Anthonia Ayamga Paul Bata Domanban Custom, modernity, and stability of land rights in Ghana: An empirico-legal review Cogent Social Sciences Customary land empirico-legal land governance custom, modernity, and stability land rights Ghana |
| title | Custom, modernity, and stability of land rights in Ghana: An empirico-legal review |
| title_full | Custom, modernity, and stability of land rights in Ghana: An empirico-legal review |
| title_fullStr | Custom, modernity, and stability of land rights in Ghana: An empirico-legal review |
| title_full_unstemmed | Custom, modernity, and stability of land rights in Ghana: An empirico-legal review |
| title_short | Custom, modernity, and stability of land rights in Ghana: An empirico-legal review |
| title_sort | custom modernity and stability of land rights in ghana an empirico legal review |
| topic | Customary land empirico-legal land governance custom, modernity, and stability land rights Ghana |
| url | https://www.tandfonline.com/doi/10.1080/23311886.2023.2209366 |
| work_keys_str_mv | AT davidanaafo custommodernityandstabilityoflandrightsinghanaanempiricolegalreview AT anthoniaayamga custommodernityandstabilityoflandrightsinghanaanempiricolegalreview AT paulbatadomanban custommodernityandstabilityoflandrightsinghanaanempiricolegalreview |