Customary Land Tenure and Its Implications for Land Disputes in Ghana: Cases from Wa, Wechau And Lambussie
Dominic Tuobesaane Paaga
Abstract
Land disputes remain a major hindrance to land use and tenure security in most parts of Ghana. Often the
institutions and mechanisms governing land are crucial to the occurrence of these disputes. Traditional
authorities control over 80% of all lands. It is argued in a number of studies that urbanization with its attendant
effects of population increase, pressure on land and land commercialization has resulted in the erosion of
traditional values that serve to mitigate the excesses of customary trustees. In Northern Ghana, the development
of customary land rights was curtailed by colonial and post-colonial governments through the vesting of all lands
on government until in 1979 when ownership was reverted to local communities. Given this backdrop, one
wonders what relevant traditional norms/principles regulate transactions in customary lands in this area.
The study thus examines customary land management and its implications for land disputes in three traditional
areas chosen from the Upper West Region. Key informant interviews were conducted with chiefs, tendambas and
officials from the state land sector agencies. Focus group discussions were held with land user groups. Data was
analysed thematically. The study reveals that though the traditional norm/principle of trusteeship is still relevant,
the problem remains how to identify the legitimate custodians of customary lands. Also, land has acquired
economic value, and is increasing. Coupled with lapses observed in the land management regimes, these underlie
a number of land disputes reported in the study areas. It is recommended that Customary Lands Secretariats be
established as specialized offices in land owning communities to improve upon land management.
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