ENSURING AN EFFICIENT CONCURRENCE AND LAND REGISTRATION PROCESS IN GHANA: ASSESSING THE PRACTICAL APPLICATION OF THE SURVEY (SUPERVISION AND APPROVAL OF PLANS) REGULATIONS, 1989 IN THE AWUTU SENYA EAST MUNICIPALITY, CENTRAL REGION, GHANA

Gabriel Kofi Owi Edu, Alexander Sasu and Lewis Abedi Asante

AfRES from African Real Estate Society (AfRES)

Abstract: Section 6 of the Survey Act, 1962 (Act 127) requires that any map and plan attached to an instrument for registration must be prepared and certified by an official or licensed land surveyor. However, Act 127 made no provision for supervision and approval of these maps and plans by the Survey and Mapping Division (SMD) of the Lands Commission. Consequently. Errors that were made in relation to maps and plans distorted geo-land information on ownership, size and extent of land boundaries, invariably affecting the land registration process. It is against this background that the Survey Regulations, 1989 (LI 1444) was passed to strengthen the supervisory role of the SMD with respect to prospective plans attached to an instrument for registration. This paper poses the question: ‘has the passage of the L1 1444 enhanced concurrence and the land registration process?’ Using Awutu Senya East municipality as a study area, respondents were selected by means of purposive and convenience sampling techniques. Respondents sampled were mainly traditional authorities, lessees and staff of land sector agencies. The study revealed that there is a strong enforcement of the LI 1444 by the Lands Commission; however, the expected improvement with respect to duration and cost for title registration is yet to be achieved. Findings also indicated (a) poor supervision of licensed surveyors by SMD due to inadequate staff, (b) backlog of concurrence at PVLMD due to delay in approving cadastral plans submitted by land surveyors for and on behalf of lessees, and (c) PVMLD denying lessees concurrence due to disparities between the approved cadastral plan and planning scheme of the area (some as far as 100 feet interval). The study recommends, amongst others, the increment in staff strength and establishment of district offices of the SMD to ensure effective supervision and efficient land administration at all levels.

JEL-codes: R3 (search for similar items in EconPapers)
Date: 2016-09-01
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