Adapting Land Administration to the Institutional Framework by A. Arko-Adjei

By A. Arko-Adjei

Ancient adventure in lots of Sub-Saharan African international locations demonstrates that another method of traditional land management tools is needed to safely safe tenure and administer land rights in commonly used components. This ebook is set facing the dynamics of accepted tenure and with land governance and institutional ability matters essential to enforce land management on the neighborhood point. tools for imposing land management platforms on the neighborhood point were provided in a three-phased tenure version. the writer concludes that accepted tenure associations have their very own mechanisms for adapting to societal switch and a fascinating answer may as a result be to conform land management to the institutional framework of standard tenure. the data during this publication could be crucial for educational paintings in land management in constructing nations. it is going to end up an invaluable reference for coverage makers and practitioners within the land management field.IOS Press is a global technology, technical and clinical writer of top quality books for teachers, scientists, and execs in all fields. a few of the parts we post in: -Biomedicine -Oncology -Artificial intelligence -Databases and knowledge structures -Maritime engineering -Nanotechnology -Geoengineering -All facets of physics -E-governance -E-commerce -The wisdom economic climate -Urban reviews -Arms keep watch over -Understanding and responding to terrorism -Medical informatics -Computer Sciences

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Extra info for Adapting Land Administration to the Institutional Framework of Customary Tenure: The Case of Peri-Urban Ghana - Volume 39 Sustainable Urban Areas

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Being traditional and socially constructed, the essential elements of customary rules are passed on orally, by way of example or in the form of practice from generation to generation (Kalabamu, 2000). The content of customary law is extremely diverse, and varies between communities. In addition, customary rules are not static, but evolve continually in response to diverse factors, including cultural interaction, population pressure, socio-economic change and political processes (Cotula, 2007). Customary tenure institutions The rules governing access to and the use of customary land are implemented and regulated by customary authorities or institutions, whose legitimacy derives from ‘both anteriority of presence (the founders, or those who define themselves as such) and recognition of the “magico-religious alliance” that they have formed with the local genies on the one hand and with political forces on the other’ (Cotula, 2007: p.

As suggested above, colonialism also had a major impact on customary tenure systems across Africa (Pottier, 2005; Cotula, 2007). Colonial administrations manipulated customary law in many respects. The interpretation of customary law by the colonial courts, usually achieved by filtering the law through western or European legal concepts (Berry, 1993; Pottier, 2005), resulted in an over-simplification of complex tenure relations and rules. Decades of colonial and post-independence legislative interventions by governments, such as nationalisation, centralised resource management, land registration programmes and the devolution of land management responsibilities to local government bodies, have also affected customary tenure relations (Cotula, 2007).

This, in turn, discourages people from making the necessary investments for development in agricultural areas. Furthermore, in areas where patrilineal inheritance is practised, women have not gained access to holding land in their own right (Dowuona-Hammond, 2003; Kotey and Yeboah, 2003; Obioha, 2008), a phenomenon which prevents legitimate members of the group from accessing land. In the pre-colonial era, customary tenure systems were based on continuous observation and practices. In such systems, the boundaries of land parcels were usually identified with non-permanent landmarks such as streams, shrubs and trees.

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