Commonwealth Association of Surveying and Land Economy
REPORT ON
CASLE WEST AFRICA WORKSHOP ON LAND DISPUTE RESOLUTION
Introduction:
The Commonwealth Association of Surveying and Land Economy (CASLE) West Africa held a One Day workshop in Ghana as a continuing professional Development programme for Surveyors and other Professionals in the built environment. The event took place on Wednesday April 18 2012 at the College of Physicians and Surgeons, Accra, and was a collaboration between CASLE West Africa and the Ghana Institution of Surveyors (GhIS).
The programme aimed at providing a strategic approach and framework to problem solving in varied situations within the built environment, the various ways of looking at land and landed property management problems and challenges and an exposure to a wide range of possible solutions.
The choice of the topic was premised on the current land management challenges confronting especially developing countries such as the pace and complexity of land transactions, land related disputes which sometimes result in physical conflicts, numerous and endless court suits which stall development and drive away potential investors.
Theme/Objectives of Workshop
The theme for the Workshop was “The Surveyor: A Conduit for Land Dispute Resolution” with the following as objectives:
1. To set out the basic principles of general application in the skills required of professionals in the built environment in resolving conflicts.
2. To upgrade the already acquired skills to make professionals conversant with the
modern trends in dispute resolution using appropriate case studies within the sub-
3. Enable professionals to detect and determine early warning signals in potential conflict areas and facilitate preventive measures.
Resource Person:
The resource person and workshop leader was Dr. Clifford Dann the Principal author
of the CASLE Dispute Resolution Guidance notes and a past president of CASLE Europe
region. Three Fellows of the Ghana Institution of Surveyors were the lead discussants
at the workshop. They were Surv. Samuel Larbi Darko (Land Surveying Division), Surv.
Christiana Bobobee (Valuation and Estate Surveying Division) and Surv. K. H. Osei-
Methodology:
The seminar was structured to include lectures, case studies, discussions, group work and presentations.
Course Material:
The CASLE guidance notes on Dispute Resolution were the main reference material used.
Participants:
Professionals in the built environment including land surveyors, valuation and estate surveyors, quantity surveyors, traditional rulers, civil and building contractors, civil engineers, the judiciary, lawyers, academicians in the built environment and civil society.
The total attendance was 150 including 27 female participants and two male participants from Zanzibar, Tanzania,
Sponsor
The headline sponsor of the workshop was ICI Coral Paints company which provided an amount of $1,100.00
Proceedings:
The programme commenced at 9.00am and was chaired by Her Ladyship, Justice Margaret Welbourne, a Judge of the High Court (Land Division) of Ghana. She indicated that the judiciary considered ADR as an effective tool for resolving land conflicts and that 80% of the cases brought before the High Courts in Ghana were land related. She therefore suggested that the appropriate way to overcome such challenges was for Surveyors to update their skills in alternative modes of dispute resolution, as against litigation in the courts, due to the advantages of speed, privacy and cost saving. Justice Welbourne remarked that since Surveyors are usually the first point of call in land transactions, they have a key role to play within the West African Region in land dispute resolution.
In his welcome address, the Regional Vice President for CASLE West Africa , Surv. James E. K. Dadson said with an increase in land transactions there is an attendant increase in land conflicts which stall development. He urged all participants to remain focused and make contributions that would enrich the workshop. He wished the workshop leader, discussants and all participants a very successful program with a focus on continuing professional development.
In a keynote address read on his behalf by Surv. K. H. Osei Asante, the President of CASLE (Africa) Joseph Segun Ajanlekoko said ADR was an important requirement in conflict resolution and that explained why a lot of Professionals have resorted to it in resolving problems. He said it was important for the Professional Surveyor to be very watchful to notice any sign of impending dispute and nib it in the bud before it escalates into a full blown case.
The workshop leader, Dr Clifford Dann gave three presentations as follows:
Overview of the various methods of Alternative Dispute Resolution (ADR) adopted in different countries
Practice and procedure involved in Arbitration and Independent Expert Determination.
Adjudication (land and building contracts), mediation, expert evidence and the impact of communication in this electronic age
Each of the presentations was followed by a question and answer session as well as general discussions. After the presentations participants met in three groups to further deliberate on the presentations with each group dwelling on one presentation. The groups developed some recommendations on the way forward which were collated as workshop outcomes.
Outcome:
At the end of the Workshop participants were equipped with the needed awareness of their role in championing the use of ADR in resolving land conflicts.
The following were the consensus reached as to the way forward in the quest to involve professionals in the built environment in the ADR process.
1. The GhIS in conjunction with the Judiciary should establish an ADR centre and encourage members to undertake training and practice. This way, matters relating to any of the three Divisions can be referred to it by the courts and private individuals.
Information on the opportunities on mediation should also be effectively disseminated to whip up interest in its members.
2. Liaision of GhIS with academia (KNUST, Polytechnics) to develop periodic programmes that meet the needs of the industry both for students in school and also as CPD programmes for working professionals.
3. High professional fees and delay in settlement cases can serve as a deterrent, and so effective regulation of the system is key to instilling interest and active participation in the ADR process.
4. The opening up of more Arbitration Centres in the regions, that is, the decentralization of facilities and active sensitisation of the general public both on the need and usefulness of the process.
5. Public land sector agencies who deal in the major aspects of dealings involving land, must be encouraged to identify capacity gaps in professional staff and accordingly institute measures that will equip staff with the skill that will enable them to play leading roles in both the identification of the early signs of dispute and their eventual resolution.
6. Closer collaboration of GhIS and Land Sector Agencies with Traditional Authorities to tap into their experiences and also assist them to organise their land dealings in a professional manner to minimise disputes.
7. Improvement of Land Records to enhance Meditation and also ensure that settlements arising out of mediation on land issues are properly documented and registered to enhance the cleaning of the Land Records.
8. Lands Commission to rejuvenate, by regulation under the New Lands Commission Act, Land Adjudication Committees as existed under the former Land Title Registry. The scope of this Adjudication Committee should be all embracing to cover the various types of disputes arising out of dealings in land, and not confined only to registration of land as hitherto.
9. There should be advocacy on the need for the promulgation of a law on Party Walls,
preferably by regulations made under the Lands Commission Act, to check inter-
Special thanks were accorded to James Dadson, Senior Vice-
