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Traditional leasehold of land for residential and commercial use in Ghana: Structure and practices from the Golden Stool

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  • Akaabre, Paul Boniface

Abstract

In 2019, the Golden Stool, the ultimate symbol of authority and power over land in Kumasi, acted to enforce Ghana’s traditional leasehold policy in the Central Business District (CBD), where lessees had expired or were due to expire. This action highlighted tenure security concerns as little is known about the traditional leasehold model, particularly how the lease is created and enforced upon its expiration. Knowing more about the tenure structure is broadly important: it will guide property owners (lessees) and prospective investors in the market and open grounds to further examine the extent to which this landholding model is a secured, efficient, and equitable market practice. Using the Golden Stool and the city of Kumasi as a case study, this paper examines (i) how leases are created and operationalized, including the terms and conditions, (ii) what happens upon the lease’s expiration and the conditions under which lessees lose their properties, (iii) how the community, for whom the land is held in trust by the Golden Stool, benefit from the leasehold policy, and (iv) whether there are measures to ensure equity as leases approach expiration. The study draws on in-depth interviews with traditional leaders (chiefs), lessees, estate developers and institutions directly involved in the management of lands in the city. The results point to a tenure trusteeship model which works to benefit the leaders (chiefs) and to the detriment of the community. The paper concludes that the Golden Stool’s leasehold model fails to meet the tests of legitimacy and certainty and thus recommends the formalization of practices, such as “drink-money” payments, as well as institution of official payment plans and leasehold interest packages upon lease expiration. These changes would improve land governance, tenure security and property rights for leaseholders in ways consistent with the norms of the Global Campaign for Secure Tenure (GCST).

Suggested Citation

  • Akaabre, Paul Boniface, 2023. "Traditional leasehold of land for residential and commercial use in Ghana: Structure and practices from the Golden Stool," Land Use Policy, Elsevier, vol. 131(C).
    • Handle: RePEc:eee:lauspo:v:131:y:2023:i:c:s0264837723002132
    DOI: 10.1016/j.landusepol.2023.106747
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    References listed on IDEAS

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    1. Paul J. Zak, 2002. "Institutions, Property Rights, and Growth," Recherches économiques de Louvain, De Boeck Université, vol. 68(1), pages 55-73.
    2. Curtis, Sarah & Gesler, Wil & Smith, Glenn & Washburn, Sarah, 2000. "Approaches to sampling and case selection in qualitative research: examples in the geography of health," Social Science & Medicine, Elsevier, vol. 50(7-8), pages 1001-1014, April.
    3. Akaateba, Millicent Awialie, 2019. "The politics of customary land rights transformation in peri-urban Ghana: Powers of exclusion in the era of land commodification," Land Use Policy, Elsevier, vol. 88(C).
    4. Merrill, Thomas W, 2002. "Introduction: The Demsetz Thesis and the Evolution of Property Rights," The Journal of Legal Studies, University of Chicago Press, vol. 31(2), pages 331-338, June.
    5. Jean‐Philippe Platteau, 1996. "The Evolutionary Theory of Land Rights as Applied to Sub‐Saharan Africa: A Critical Assessment," Development and Change, International Institute of Social Studies, vol. 27(1), pages 29-86, January.
    6. Julia P. A. Thienen & William J. Clancey & Giovanni E. Corazza & Christoph Meinel, 2018. "Theoretical Foundations of Design Thinking," Understanding Innovation, in: Hasso Plattner & Christoph Meinel & Larry Leifer (ed.), Design Thinking Research, pages 13-40, Springer.
    7. Fenske, James, 2011. "Land tenure and investment incentives: Evidence from West Africa," Journal of Development Economics, Elsevier, vol. 95(2), pages 137-156, July.
    8. Sarfo-Mensah, Paul & Oduro, William, 2007. "Traditional Natural Resources Management Practices and Biodiversity Conservation in Ghana: A Review of Local Concepts and Issues on Change and Sustainability," Natural Resources Management Working Papers 7440, Fondazione Eni Enrico Mattei (FEEM).
    9. Paul J. ZAK, 2002. "Institutions, Property Rights and Growth," Discussion Papers (REL - Recherches Economiques de Louvain) 2002014, Université catholique de Louvain, Institut de Recherches Economiques et Sociales (IRES).
    10. Alchian, Armen A. & Demsetz, Harold, 1973. "The Property Right Paradigm," The Journal of Economic History, Cambridge University Press, vol. 33(1), pages 16-27, March.
    11. Cobbinah, Patrick Brandful & Asibey, Michael Osei & Gyedu-Pensang, Yaa Asuamah, 2020. "Urban land use planning in Ghana: Navigating complex coalescence of land ownership and administration," Land Use Policy, Elsevier, vol. 99(C).
    12. Feder, Gershon & Feeny, David, 1991. "Land Tenure and Property Rights: Theory and Implications for Development Policy," The World Bank Economic Review, World Bank, vol. 5(1), pages 135-153, January.
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