02.06.2013 Views

Surveying & Built Environment Vol. 22 Issue 1 (December 2012)

Surveying & Built Environment Vol. 22 Issue 1 (December 2012)

Surveying & Built Environment Vol. 22 Issue 1 (December 2012)

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

circumstances. It also draws attention<br />

to the continuing contradictions in<br />

the methods and suggests ways of<br />

overcoming them. The paper shows<br />

that, unlike in more developed real<br />

estate markets where the Market<br />

Comparison Approach is normally used<br />

for the valuation of real property, it is<br />

the Cost Method that is the dominant<br />

approach in Ghana. It traces this feature<br />

to the complex land tenure system and<br />

the pervasive problem of asymmetric<br />

information in the land sector mediated<br />

by weak land sector agencies.<br />

The rest of the paper is divided into<br />

three parts. The first provides an<br />

institutional background and describes<br />

the land tenure system in Ghana. The<br />

next discusses valuation practice in<br />

Ghana, focusing particularly on the<br />

Cost Approach. Then, finally, the paper<br />

highlights some of the deficits in the<br />

Cost Method used and suggests some<br />

possible remedies.<br />

INSTITuTIoNAl<br />

BACKGRouNd:<br />

lANd TENuRE ANd<br />

REGISTRATIoN<br />

The land tenure system in Ghana is<br />

complex. In relatively developed real<br />

estate markets, such as Hong Kong’s,<br />

the land tenure system is usually made<br />

up of registered freehold and leasehold<br />

interests (see Lai, 2005; Lai and Lorne,<br />

2006). The system in Ghana is rather<br />

different. There is a dual system of<br />

land tenure, one customary, the other<br />

state based. Only <strong>22</strong> per cent of land<br />

is owned by the state, either alone (20<br />

per cent) or jointly with communities<br />

(2 per cent). Most of the state land<br />

was obtained through compulsory<br />

acquisition for public use. The rest of<br />

<strong>Surveying</strong> and <strong>Built</strong> <strong>Environment</strong> <strong>Vol</strong> <strong>22</strong>, 37-60 Nov <strong>2012</strong> ISSN 1816-9554<br />

the land is held under the customary<br />

land tenure system which constitutes 78<br />

per cent of all land in Ghana (Kasanga,<br />

2003). It is the more indigenous of the<br />

two systems and hence the source of the<br />

allodial interest, which is the highest<br />

title to land in Ghana.<br />

The allodial and freehold interests are<br />

similar. However, unlike the latter,<br />

which is usually held by individuals<br />

in more developed economies, the<br />

allodial or paramount interest is vested<br />

in traditional land owning institutions<br />

(chiefs or priests), families, and clans<br />

(Woodman, 1996; Ministry of Lands<br />

and Forestry, 1999). So, unlike in<br />

countries such as Hong Kong where<br />

land tenure is mainly a relationship<br />

between state and individual and<br />

between individuals (Lai, 2005, p.18),<br />

in Ghana the community is central in<br />

land tenure relationships.<br />

Two key features of customary land<br />

tenure are pertinent to this paper.<br />

First, the allodial interest in different<br />

parts of Ghana, the lesser interests<br />

deriving from them and their incidents<br />

differ according to local customs and<br />

practices. Second customary land<br />

tenure in Ghana is usually unregistered,<br />

consistent with the unwritten nature of<br />

customary land law: customary interests<br />

in land know no writing (Abdulai,<br />

2006; 2010). However, since 1843, the<br />

state has taken the position that some<br />

writing or documentation is crucial<br />

to ensure clarity in land management<br />

and provide the ingredients for private<br />

ownership of land. Realising that<br />

aspiration would facilitate the valuation<br />

of landed property. It is known that an<br />

effective land administration system,<br />

characterised by ample information<br />

about landed property transactions<br />

such as the names of the parties<br />

SBE<br />

39

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!