Land Registration and Landownership Security: An Examination of the Underpinning Principles of Registration

Purpose: The assertion that land registration guarantees landownership security is common knowledge. Thus, efforts at securing landownership in particularly, the developing world have concentrated on the formulation and implementation of land registration policies. However, over the years, whilst some studies claim that land registration assures security, a lot of other studies have established that security cannot be guaranteed by land registration. Also, there is evidence from research that has shown that land registration can be a source of ownership insecurity in some cases. This paper critically analyses the underpinning principles of land registration and their application in order to establish whether or not land registration can actually guarantee ownership security. Design/methodology/approach: It is a literature review paper that looks at the existing literature on landownership, security and land registration systems. The land registration principles that have been subjected to critical analysis are the publicity function of land registration, the legality of ownership emanating from land registration and the warranty provided by the State in land registration, specifically, under the Torrens system. Findings: An analysis of the underpinning principles of land registration shows that land registration per se cannot guarantee ownership security and this helps to explain the findings of the numerous studies, which have established that landownership security cannot be assured by land registration. The paper concludes by identifying the right role of land registration as well as a mechanism that can effectively protect or secure landownership. Practical implications: Land registration policies and programmes in the developing world are often funded by the international donor community and the findings provide useful insights regarding the actual role of land registration and for policy change in terms of what can secure landownership. Originality/value: Even though there are two schools of thought regarding research on the link between land registration on one hand, and landownership security on the other, none of the studies has made an attempt to consider the nexus by critically examining the principles that underpin land registration to support their arguments

Secure property right as a determinant of SME’s access to formal credit in Ghana: Dynamics between Micro Finance Institutions and Universal Banks

Does registered land title help to improve tenure security and enhance one’s chances of securing a loan from formal financial institutions? This question continues to sharply divide opinions among academics, policy-makers and international development partners. The long running debate on the subject of ‘Property in the Commons’, which serves as the ideological origin of what has become known as ‘Washington Consensus’ in contemporary times claims that there is positive correlation between the possession of registered land title and access to credit. However, this has often received considerable rebuttals. Even if the ‘Washington Consensus’ is accepted, the argument is still laced with some fundamental difficulty because it inherently assumes and treats financial institutions as a homogenous class of business. Yet financial institutions exhibit greater diversity in their operations and decision-making process. This paper attempts to contribute towards developing improved understanding between the ‘secure land title and access to credit relationship’ by disaggregating financial institutions into Micro-finance and Universal Banks (UBs) and examining what role secure land title play in granting credit from the perspectives of these two categories of financial institutions. To achieve this, field level investigations were conducted amongst officials of both Micro-finance Institutions (MFIs) and UBs in Ghana using structured questionnaires. A total of 200 questionnaires – 100 each to MFI and Universal Banks were administered of which a response rate of 51 and 57 was, respectively, achieved. The data were analysed using various non-parametric statistics. The study amongst other things established that UBs and MFIs differ in their opinions on how important secure titles are in the lending process and the nature of the influence they can exert on the final lending decision. It was established that both categories of lenders do regard secure titles as important but whether or not it will influence their decision to accept a given landed property as collateral varies across lender types

Urban land and development management in a challenged developing world : an overview of new reflections

The urban development and management challenges of the developing world are well documented in the literature. However, the global built environment landscape is undergoing rapid changes. These changes are steeped in three fundamental imperatives, which have serious implications for the developing world. These imperatives are population growth and rising urbanisation; environmental challenges, particularly climate change and the quest to embrace sustainability as a panacea; and advances in technological development. This paper discusses these three imperatives with the view to teasing out their implications for urban development and management in the developing world. Consistent with the literature, the paper establishes that most of the population growth and rising urbanisation are occurring in the developing world, particularly Africa and Asia, and although these phenomena have the tendency to increase economic density and promote both private and public investment in urban development, especially construction/housing and related infrastructure activities, there are and will be several problems with them. These include land tenure insecurity, lack of access to decent affordable housing and the threat of destruction to heritage sites. Furthermore, environmental challenges such as poor waste management, and climate change are and will remain pressing issues requiring the adoption of sustainability credentials because of legislative requirements, moral suasion, and value addition. Despite the potential disruptive nature of technology with respect to some aspects of the built environment, it is recognised that advances in technology are essential to the achievement of optimal urban development and management outcomes in the developing world. The paper, therefore, recommends better understanding of the socio-economic, cultural, and political forces underlying urban growth in the developing world, factoring in technology and sustainability in urban development and management, and collaboration among relevant actors, particularly government and the private sector, for optimal outcomes

Utilising a systematic knowledge management based system to optimise project management operations in oil and gas organisations

Purpose: This research examined the efficacy of knowledge management based systems and best practices that could be used to address operational issues in the oil and gas sector. Design/methodology/approach: Given little was known empirically about the strategies and practices which contribute to improved performance, innovation and continuous improvement in the oil and gas sector qualitative method was used. Semi-structured interviews were used to derive senior managers’ constructs of project delivery efficiency and knowledge management based systems. The interviews were analysed through the use of a qualitative analysis software package NUDIST NVivoTM. Participants were selected using purposive sampling. Validity and reliability were achieved by first assessing the plausibility in terms of already existing knowledge on some of the operational issues raised by participants. Findings: These were synthesised into a framework capturing seven-well defined stages. All these steps emerged as being related; they are comprised of independent variables. These steps were found to comprise of knowledge management technology approaches, knowledge management people approaches, knowledge management strategies and value enhancing practices. Research limitations/implications: Although the findings are pertinent to oil and gas organisations, it will be important to conduct follow-up research validating the potential for using the results of this study to establish frameworks for knowledge and information management in different organisations and contexts. This will provide not only data about the validity of the framework in generic terms but will also generate additional data on the application of knowledge management strategy. Practical implications: As shown in this study, successful knowledge management based systems requires the aligning of business strategy, technology for knowledge management, project management operations with an enterprise-knowledge sharing culture. Such sharing requires managing the behaviour of project personnel such that knowledge transfer becomes part of the organisation’s norm. Social implications: The implementation of knowledge management based systems requires deliberate planning and action to create the conditions for success and put in place the strategy, leadership, goals, process, skills, systems, issue resolution, and structure to direct and exploit the dynamic nature of project work. The strategies proposed in this research cannot be expected to resolve all knowledge management issues in the oil and gas sector. However, their use defines an approach that is superior to the traditional approaches typically adopted and consequently merits far wider application. Originality/value: The proposed framework presents a better way of optimising the performance of project-based operations thus enabling oil and gas organisations to reform their poor performance on projects and empower them to better manage emerging cultural challenges in their future projects. Reflecting on their experiences, the participants confirmed that the proposed knowledge management framework and its seven well-defined stages were central to the effectiveness of knowledge management in oil and gas operations. Although the scope of this research was restricted to projects in Nigeria and the UK, the geographical focus of this research does not invalidate these results with respect to other countries. The fact is that the oil and gas sector globally shares some common fundamental characteristics

Public choice theory and rental housing: an examination of rental housing contracts in Ghana

This paper extends both the literature on rental housing in Ghana and the global literature on the critique of public choice analyses in terms of focus, methods, and positioning. It argues that, contrary to the assumption that all housing policy changes are driven by internal national processes, in the case of Ghana at least, neither tenants (through their use of their greater numbers) nor landlords (through the use of their stronger financial and hence political power) exclusively influence housing policy. Both parties have some power, but landlords use theirs to change rents arbitrarily and decide whom to invite or keep as tenants, while tenants seek to use their power by lodging complaints with the state, albeit to little effect as the power of landlords is overwhelming. There is a strong basis to call into question the public choice argument that it is fair for landlords to extract windfall rent from tenants since their efforts or talents do not increase rent