It includes things on the garden soil which are savored with it as being part of the land by nature, for example rivers, channels, âgrowing trees and shrubs or affixed to it like properties, properties and other constructions. In addition, it includes any real estate, interest or right in, to or higher land or anything else which land denotesâ for example the right to accumulate snails, mushrooms on the land, etc. , right of way, mining right, etc. "
From the above classification of land, two aspects can be discovered. First, land refers to the land (physical land) and the accessories (both natural and manmade) linked therewith the earth. Secondly, land identifies the estates, hobbies or privileges that subsist in the physical land.
Apart from the above legal definition of land, different people see land from different perspectives depending on their interest at a particular point in time. To some, land is seen as a deity who are able to be worshipped. Others also see land as aspect. Towards the economist, land sometimes appears as a factor of production and also to the buyer, land sometimes appears as a store of prosperity that possesses unique advantages over different areas of investment (Barlowe, 1986). The worthiness mounted on land by a person depends greatly on his or her view about land. Thus although some individuals see land from economic standpoint, others see it as a cultural asset.
2. 2 Land Ownership in Ghana
The concept of land ownership, matching to Da Rocha and Lodoh (1999),
"âembraces ownership of, and name to land. An owner of land is somebody who can show that he and those through whom he claims name have possessed the land for so long that there can be no reasonable possibility of the existence of a superior adverse lay claim. In exhibiting this, he may rely on documents of subject or on his own possession".
Sittie (2006) recognizes two types of land ownership in Ghana. They are customary lands and general population lands. Customary lands, she says, are lands owned or operated by stools, skins, family members or clan usually kept in trust by the principle, brain of family, clan, or fetish priests for the advantage of members of this group. Private ownership of land can be had by way of a grant, sale, gift idea or marriage.
Public lands on the other palm are lands that happen to be vested in the chief executive for public use.
Larbi (2008) also identifies three categories of land ownership in Ghana viz; lands mainly held by customary government bodies (stools, skins, clans and young families), which alongside one another own about 78% of most lands; the state of hawaii had lands which constitute about 20% of most lands and the remaining 2% being held by the state and customary authorities in a kind of partnership (split possession).
The World Bank's Project Appraisal Document (n. d) on a proposed loan for the Ghana Land Administration Project Stage 2 further discovered four types of land possession in Ghana governed by both customary methods and enacted legislation. These are: (i) state lands, compulsorily obtained by the federal government through the invocation of appropriate legislation and presented in trust for the entire people of Ghana; (ii) vested lands, belonging to stools or skins but vested in their state in trust for the people of the feces or skin area or family from which it was vested; (iii) private lands owned by stools, skins or family areas and presented in trust on their behalf by chiefs, tendana, family minds [the appropriate traditional specialists]; and (iv) private lands given or sold as freeholds by stools, skins and households to individuals, companies and institutions prior to the enactment of the 1992 Constitution.
Irrespective of the above mentioned distinctive views on land ownership in Ghana, it is clear that each of them are categorized as three principal categories viz; private lands (which includes lands owned by stools/skins, young families/clans and private individuals), public lands (which are vested in the chief executive on behalf of the people of Ghana) and vested lands (which are owned partly by the state and partially by stools/skins).
2. 3 The Concept of Land Administration
2. 3. 1 Classification of Land Administration
Land administration is how the guidelines of land tenure are applied and made functional. Land administration, whether formal or casual, comprises an intensive selection of systems and techniques to administer: land protection under the law, land-use, land valuation and taxation, information [emphasis ours] and an enforcement or security component (FAO, 2002).
UNECE (2005) also defines land supervision as "the techniques of recording and disseminating information about the possession, value and use of land and its associated resources". It further declares that such operations include the dedication of property protection under the law and other attributes of the land that relate to its value and use, the study and graphical description of the, their detailed documents and the provision of relevant information [emphasis ours] to get land markets.
From the above definitions of land supervision, it is clear that central to land supervision is the comprehensive records of land deals and the provision of relevant information (data) on same.
2. 3. 2 Key points of Land Administration
Table 1: Land Administration Principles
LAS supply the infrastructure for implementation of land polices and land management strategies in support of ecological development. The infrastructure includes institutional plans, legal frameworks, techniques, standards, land information, management and dissemination systems, and technologies necessary to support allocation, land markets, valuation and control useful and development of hobbies in land.
2. Land management paradigm
The land management paradigm provides a conceptual framework for understanding and technology in land supervision systems. The paradigm is the set of principles and routines define land management as a discipline. The principles and practices relate with the four functions of LAS, particularly land tenure, land value, land use and land development, and their connections. These four functions underpin the operation of efficient land markets and effective land use management. "Land" includes natural and built environment including land and normal water resources.
3. People and
LAS is about engagement of men and women within the unique communal and institutional fabric of every country. This includes good governance, capacity building, institutional development, public relationship and a concentrate on users, not providers. LAS should be re-engineered to better serve the needs of users, such as citizens, governments and businesses. Engagement with the contemporary society, and the ways people think about their land, are key. This should be achieved through good governance in decision making and implementation. This involves building the necessary capacity in individuals, organisations and wider population to execute functions effectively, successfully and sustainably.
LAS form the foundation for conceptualising protection under the law, restrictions and responsibilities (RRR) related to guidelines, places and people. Rights are usually concerned with possession and tenure whereas restrictions usually control use and activities on land. Tasks associate more to a interpersonal, ethical dedication or frame of mind to environmental sustainability and good husbandry. RRR must be made to suit individual needs of each country or jurisdiction, and must be balanced between different degrees of government,
from local to national.
The cadastre reaches the key of any LAS providing spatial integrity and unique recognition of each land parcel. Cadastres are large level representations of the way the community breaks up its land into useable pieces, usually called parcels. Most cadastres provide security of tenure by saving land privileges in a land registry. The spatial integrity within the cadastre is usually provided by a cadastral map that is kept up to date by cadastral research. The unique parcel identification supplies the link between your cadastral map and the land registry, and serves as the foundation of any LAS and the land information it creates, particularly when it is digital and geocoded. The cadaster should essentially include all land in a jurisdiction: general public, private, communal, and open space.
6. LAS are
LAS dynamism has four sizes. The first will involve changes to represent the continual evolution of people to land connections. This advancement can be brought on by economic, communal and environmental drivers. The second is caused by evolving ICT and globalisation, and their effects on the design and operation of LAS. The 3rd dimension is induced by the strong nature of the information within LAS, such as changes in ownership, valuation, land use and the land parcel through subdivision. The fourth dimensions includes changes in the utilization of land information.
LAS add a set of processes that manage change. The main element processes matter land copy, mutation, creation and distribution of pursuits, valuation and land development. The operations, including their stars and their obligations, make clear how LAS operate, as a basis for assessment and improvement. While individual institutions, laws, systems or distinct activities within LAS, such as property in land, a land registry, a particular little bit of legislation or a technology for cadastral surveying are essential in their own right, the functions are central to overall knowledge of how LAS operate.
Technology offers opportunities for better efficiency of LAS and spatial enablement of land issues. The probable of technology is far prior to the capacity of corporations to reply. Technology offers improvements in the collection, storage space, management and dissemination of land information. At exactly the same time improvements in information and marketing communications technology (ICT) provide potential for the spatial enablement of land issues by using location or place as the key organiser for human being activity.
9. Spatial data infrastructure
Efficient and effective LAS that support sustainable development require a spatial data infrastructure (SDI) to operate. The SDI is the enabling platform that links visitors to information. It supports the integration of natural (principally topographic) and built (mostly land parcel or cadastral) environmental data as a pre-requisite for lasting development. The SDI also allows the aggregation of land information from local to national levels.
10. Measure for success
A successful LAS is measured by its capability to manage and administer land effectively, effectively with low cost. The success of LAS is not determined by complexity of legal frameworks or complex technological solutions. Success lies in adopting appropriate laws and regulations, institutions, processes and technologies created for the precise needs of the country or jurisdiction.
Source: Williamson et al (2010)
2. 3. 3 Advantages of good land supervision system
Guarantee ownership and security of tenure;
Support land and property taxation;
Provide security for credit;
Develop and screen land markets;
Protect State lands;
Reduce land disputes;
Facilitate land reform;
Improve metropolitan planning and infrastructure development;
Support environmental management;
Produce statistical data.
2. 3. 4 Land Supervision in Ghana
Land supervision in Ghana is regulated by both customary regulation and the federal government through state corporations.
Kunbun-NaaYiri II (2006) recognizes that "the possession or control of land under customary regulation starts at the paramountcy having the allodial Name, followed by Divisional and Sub-Chiefs (appointed by the Paramount) who keep, "Customary Freehold" [sic] the indigenes keep usufruct affinity for the land". Under the customary system of land supervision, the appropriate traditional expert is vested with the energy of controlling the alienation and use of any land under its authority.
The supervision of lands by the federal government is performed through the many land sector businesses. Included in these are the Ministry of Lands, Forestry and Mines, the Lands Commission rate, any office of the Administrator of Stool Lands and other stakeholder firms.
2. 4. 0 GIS as a tool in land administration
2. 4. 1 Definition
Geographical Information Systems (GIS), has drawn a host of definitions over time. From those that have been complex in nature to people of a more simple inclination.
"something for capturing, storing, examining, manipulating, examining and showing data which can be spatially referenced to the Earth" (DoE, 1987 as quoted in Maguire, 1991)
"any manual or computer structured set of types of procedures used to store and change geographically referenced data" (Aronoff, 1989, as seen in Maguire 1991)
"an it which stores, analyzes and displays both spatial and non-spatial data" (Parker, 1988, as seen in Maguire1991)
"a robust group of tools for collecting, storing, retrieving at will, transforming and showing spatial data from real life. (Burrough 1986)
" GIS is a system of hardware, software and procedures to accomplish the management, manipulation, analysis, modeling, representation and screen of georeferenced data to resolve sophisticated problems regarding planning and management of resources" (NCGIA, 1990)
From the above definitions, it could be noticed that emphasis is put on the use of technology in GIS as well as the implementation of data, usually of your geographical character, which mainly includes its collection, storage area, examination and interpretation.
In this is of GIS, four main approaches can be used. They are mainly the process or function focused, software, toolbox and databases techniques (Cowen, 1988).
The process or function procedure is typified by this is submit by the Team of Environment (DoE, 1987) which defines GIS as something. This brings to brain the implication of a defined and systematic process of implementing GIS structures and procedures. It stresses on the capture, storage, checking, manipulation, analysis and display of spatially referenced data.
The application strategy seeks to specify GIS on the basis of the problems which they are used to handle, that is to say, where in fact the GIS are applied. Although there seems to be a disparity amidst the various problems which GIS can be used to solve, they are simply linked via the fact that similar technology and methods are used to solve them (Maguire 1991).
The toolbox strategy which is mainly advanced in this is by Burrough (1986) targets the generic areas of GIS, this is the capability of GIS to provide users with a set of tools with which to manipulate geographic data (Maguire, 1991).
The database procedure recognizes the GIS as a repository system. Consequently its ability to get, store, analyze and present out data is essential to its main functions (Tai On Chan, 1997).
2. 4. 2 Elements of GIS
GIS include four basic elements which operate within an institutional context and are namely computer hardware, software applications, data and liveware.
The computers aspect includes the machines used in the going of the GIS. This runs from the basic personal computer to powerful workstations to large mainframe personal computers. These provide a means for the input, storage space, analysis and output of data. As well as the standard peripherals, the use of scanners, digitizers and plotters significantly increase the GIS experience (Maguire, 1991).
There is now a great deal of GIS established software open to everyone. The software can be an essential part of the GIS as it will serve as the main spine of the machine. The software is vital in the interpretation of the data which is inserted in to the system. Because of the existence of different users with different needs, there are different GIS software to meet these numerous needs. These software range from the simple and absolve to more technical and expensive types. Types of available GIS software includes ArcGIS, MapInfo, ArcSDE and ArcMS.
The next aspect of GIS is the data. This is regarded as the most crucial facet of the GIS. Additionally it is quite expensive to get, store and manipulate data due to the large amounts had a need to solve problems (Maguire, 1991). The advanced methods of data collection, such as remote control sensing and satellite imagery, have led to a rise in the total amount of collectible data.
Finally is the most important element of GIS, the liveware. These are people who handle the info and run the GIS software (Maguire, 1991). Without skilled and well trained personnel, no GIS job would be achieved. Hence, it is essential that persons with the requisite knowledge are employed to be able to ensure the proper application of the data.
2. 4. 3 Software of GIS
GIS can be employed in a variety of means and by a variety of individuals and organizations. That is due to the fact that it provides a means of collecting, stocking and examining data which is fundamental to the generation of answers to problems. That is made possible because of the fact that most individuals problems can in some way be associated with geo referenced data and as such GIS provides the perfect platform to analyze this data.
In Ghana, many governmental as well as private organizations have unveiled GIS principles and technology in their daily work, typically through development assignments (Karikari et al. , 2005). It has been introduced to the many regional LC office buildings through the LAP.
2. 5. 0 Land Administration Project (LAP)
The federal of Ghana, in 1999 launched a Country wide Land Insurance plan to "regulate the country's intricate land supervision system that is guided by both enacted legislation and customary practices" (Larbi 1995). The coverage identified several obstacles in Ghana's land supervision system and land possession in Ghana. The challenges included a vulnerable land policy, lack of up-to-date base maps for effective planning, weak land supervision system characterized by fragmented and uncoordinated public institutions, lack of participation in insurance plan formulation functions, indeterminate customary land boundaries. These have led to limited security of tenure, difficult option of land and an over-all indiscipline in the land market seen as a land encroachments, multiple sales of land, haphazard development and disputes, conflicts and countless land litigation (Country wide Land Policy, 1999).
Component 1 - Harmonizing Policy And Regulatory Framework
Legislative review to harmonize land and land use laws
Support to the Judiciary to lessen backlog of land cases and establish sustainable system for quick adjudication of land situations through the establishment of Land Courts
Development of ADR capacity to help in land dispute resolution
Inventory of express bought/occupied lands for insurance plan formulation on compulsory acquisition and compensation
Participatory method of insurance plan formulation and insurance plan review processes
Component 2 - Institutional Reform and Development
Restructuring general public land administration firms into a One- Stop-Shop for productive delivery of services - Land Valuation Mother board (LVB), Survey Section (SD), Land Title Registry (LTR) and Lands Commission payment Secretariat (LCS) are to be merged under a fresh Lands Commission
Decentralizing and strengthening land administration services to the area level
Strengthening customary land administration through Customary Land Secretariats (CLS)
Strengthening private land sector institutions
Strengthening land supervision and management training and research institutions
Component 3 - Improving Land Titling, Subscription, Valuation, Land Use Planning And Land Information Systems
Development of Cadastre and Land Information System
Improvement in Geodetic Reference point framework
Improvement of deeds enrollment system
Community-based land use planning and management and orthophoto mapping
Establishment of Country wide Land Valuation database
Pilot projects in demarcation and enrollment of allodial land boundaries
Pilot organized land titling and registration
Component 4 - Project Management, Individuals Learning resource Development, Monitoring and Evaluation
Project Management Structure
Land Plan Steering Committee
Land Sector Techie Committee
Land Administration Programs Unit
Development Partners Coordination
Human Tool Development
Monitoring and Evaluation System and impact assessment
Communication, consultation and participation
Component three sub-component one of LAP makes provision for the release of GIS in land information system (LIS). "LIS and GIS have similar meanings in terms of analytical functions and other functions performed on the info" (Karikari, 2006). However, the main emphasis of LIS is on the land parcel while the architecture of GIS can be involved with mapable features (Meltz, 1989). So that they can improve LIS in Ghana, there's been several books that looks at how to incorporate GIS into LIS. Tagoe, et al. , (2011), Karikari (2006), Karikari et al. , (2005), Sagoe (2005) are just a few which may have touched on producing GIS in the lands commission payment for files management. These books failed to solve how GIS, following its advantages, can be supervised, updated and retained.
So very good under the LAP, there's been an introduction of the prototype software application deal called LANDADMIN for the Accra Lands Percentage Secretariat. The prototype software was developed using ArcView 3. 2, the Avenue scripting terminology and Microsoft Gain access to data source. This software has been replicated in the various regional LC office buildings which Kumasi LC is not an exception. "The prototype software has determined features that deal with routine land administration tasks including the design of quick maps for field inspections and the technology of site strategies to be included in leases. In addition, it provides lessees' standard and billing information, hire demand notices and searches, staff and secretariat information, clients address lists, lease positions and rent demand notices on state land in Microsoft Gain access to. The design of the software is theoretically appropriate, given the socio-economic environment of the designed beneficiaries. It is because, attention has been given to responsibilities normally performed by the LCS, with the view of having a user-friendly interface that is menu-driven and that properly presents the LCS work steps" (Karikari et al. , 2008).
So way as the usefulness of the prototype software is concerned, its integration into LC has not been without weaknesses. The application of GIS must conform to existing tactics and their steps simplified using expert systems and numerical models where appropriate (Lai et al. , 1996). For land supervision, as with the areas, there is the necessity to provide interfaces that are user-friendly, very secure and interactive. Until pragmatic way is employed in the sensible design strategies arising from the need to incorporate spatial and non-spatial data in a trusted, easy-to-use, and cost-effective way, such a technology will fail.
The major problems to be defeat in putting into action GIS in the lands payment will be organizational, managerial and individuals founded. GIS diffusion is afflicted not only by the type of GIS itself but also the composition of an organization and the interplay of both (Campbell, 1996). Therefore, an effective execution of GIS is dependent very much how a business is prepared to reinvent this specific form of technology within its organizational setting.
One of the main element opportunities that GIS supplies the LCS is the alteration from newspaper to digital data, helping to stop the increased loss of essential land files due to overlook, purposeful destruction or removal by recalcitrant workers.
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