All the Land Laws You Need to Check When Buying Land in Ghana [Relevant Articles & Sections]

buying land in Ghana

If you want to buy land in Ghana, it is best you have some knowledge of the land laws of the country. We advise that you hire a professional lawyer to aid in the purchase of land in Ghana. Here are some of the land laws in Ghana which are in force:

  • The 1992 Constitution of Ghana – Chapter 21
  • The State Lands Act 1962 (Act 125)
  • The Conveyancing Decree, 1973 (NRCD 175)
  • Lands (Statutory Wayleaves) Act, 1963 (ACT 186)
  • The Land Registry Act, 1962
  • Land Title Registration Law, 1986 (PNDCL 152)

READ ALSO: Pros and Cons of Buying Land in Ghana from a Real Estate Developer

The State Lands Act 1962 (Act 125)

The Act provides for the acquisition of land in the national interest. Whenever it appears to the President in the national interest to do so, he may declare land to be required in the public interest. Upon publication of an instrument made for the acquisition, the land shall vest in the President on behalf of the Republic (section 1).

The Minister may pay compensation or may offer land of equivalent value. Section 4 of the Act provides that disputes that arise may be referred by the Minister to the Tribunal (established under section 3). The President may grant a lease or a licence in respect of land acquired under this Act (sect. 5).

You can read/download the full Act here.

The 1992 Constitution of Ghana – Chapter 21

Below, you will find chapter 21 of the 1992 constitution of Ghana which speaks on public land and other property in Ghana. You can read/download the full 1992 constitution of Ghana for more details.

Part I Public Lands – 257 PUBLIC LANDS AND OTHER PUBLIC PROPERTY

(1) All public lands in Ghana shall be vested in the President on behalf of, and in trust for, the people of Ghana. 

(2) For the purposes of this article, and subject to clause (3) of this article, “public lands” includes any land which, immediately before the coming into force of this Constitution, was vested in the Government of Ghana on behalf of, and in trust for, the people of Ghana for the public service of Ghana, and any other land acquired in the public interest, for the purposes of the Government of Ghana before, on or after that date. (3) For the avoidance of doubt, it is hereby declared that all lands in the Northern, Upper East and Upper West Regions of Ghana which immediately before the coming into force of this Constitution were vested in the Government of Ghana are not public lands within the meaning of clauses (1) and (2) of this article. 

(4) Subject to the provisions of this Constitution, all lands referred to in clause (3) of this article shall vest in any person who was the owner of the land before, the vesting, or in the appropriate skin without further assurance than this clause. 

(5) Clauses (3) and (4) of this article shall be Without prejudice to the vesting by the Government in itself of any land which is required in the public interest for public purposes. 

(6) Every mineral in its natural state in, under or upon any land in Ghana, rivers, streams, water courses throughout Ghana, the exclusive economic zone and any area covered by the territorial sea or continental shelf is the property of the Republic of Ghana and shall be vested in the President on behalf of, and in trust for the people of Ghana. 

258 LANDS COMMISSION 

(1) There shall be established a Lands Commission which shall, in co-ordination with the relevant public agencies and governmental bodies, perform the following functions – 

(a) on behalf of the Government, manage public lands and any lands vested in the President by this Constitution or by any other law or any lands vested in the Commission; 

(b) advise the Government, local authorities and traditional authorities on the policy framework for the development of particular areas of Ghana to ensure that the development of individual pieces of land is coordinated with the relevant development plan for the area concerned; 

(c) formulate and submit to Government recommendations on national policy with respect to land use and capability; 

(d) advise on, and assist in the execution of, a comprehensive programme for the registration of title to land throughout Ghana; and 

(e) perform such other functions as the Minister responsible for lands and natural resources may assign to the Commission; 

(2) The Minister responsible for lands and natural resources may, with the approval of the President, give general directions in writing to the Lands Commission on matters of policy in respect of the functions of the Commission and the Commission shall comply with the directions. 

259 MEMBERSHIP OF COMMISSION 

The Lands Commission shall consist of the following persons appointed by the President under article 70 of this Constitution – 

(a) a chairman, who is neither a Minister of State nor a Deputy Minister, 

(b) one representative each of the following bodies nominated in each case by the body concerned – 

(i) the National House of Chiefs; 

(ii) the Ghana Bar Association; 

(iii) the Ghana Institution of Surveyors; 

(iv) each Regional Lands Commission; 

(v) the Department responsible for town and country planning; 

(vi) the National Association of Farmers and Fishermen; 

(vii) the Environmental Protection Council; and

(viii) the Ministry responsible for Lands and Natural Resources; and 

(c) the Chief Administrator of the Lands Commission, who shall be the Executive Secretary. 

260 REGIONAL LANDS COMMISSION 

(1) The Lands Commission shall have a branch in each region to be known as a Regional Lands Commission for the performance of the functions specified in article 258 of this Constitution in respect of the region. 

(2) The activities of all the Regional Lands Commissions shall be coordinated by the Lands Commission.

261 MEMBERSHIP OF REGIONAL LANDS COMMISSION 

A Regional Lands Commission shall consist of the following persons appointed by the Minister responsible for lands and natural resources- 

(a) a chairman who is neither a Minister of State nor a Deputy Minister, 

(b) a representative each of the following bodies in each case nominated by the body concerned— 

(i) the Regional House of Chiefs; 

(ii) each District Assembly within the region; and 

(iii) the Department responsible for town and country planning; 

(c) a nominee of the Ghana Bar Association practising in the region; 

(d) a nominee of the Ghana Institution of Surveyors practising in the region; 

(e) the National Association of Farmers and Fishermen; and 

(f) the Regional Lands Officer. 

262 REGIONAL LANDS OFFICER 

(1) Each Regional Lands Commission shall have a Regional Lands Officer. 

(2) The Regional Lands Officer shall be a Member of and Secretary to the Regional Lands Commission. 

263 QUALIFICATIONS OF MEMBERS 

A person shall not be qualified for appointment as a member of the Lands Commission or of a Regional Lands, Commission other than the Executive Secretary and the Regional Lands Officer unless he is qualified to be a member of Parliament, except that for the avoidance of doubt, a person shall not be disqualified to be a member under this article by reason only of his being a public officer. 

264 TENURE OF OFFICE OF MEMBERS OF COMMISSION 

(1) The Chairman and members of the Lands Commission, and also, the Chairman and members of a Regional Lands Commission other than the Executive Secretary and the Regional Lands Officer, shall hold office for four years and may be eligible for re-appointment. 

(2) The office of the Chairman or a member of the Lands Commission or of a Regional Lands Commission other than the Executive Secretary and the Regional Lands Officer shall become vacant if – 

(a) he ceases to hold office under clause (1) of this article; 

(b) any circumstance arises that would cause him to be disqualified for appointment under article 263 of this Constitution; 

(c) he is removed from office by the President or, in the case of a member of a Regional Lands Commission, by the Minister responsible for lands and natural resources for inability to perform the functions of his office or for stated misbehaviour. 

265 INDEPENDENCE OF LANDS COMMISSION 

Except as otherwise provided in this Constitution or in any other law which is not inconsistent with this Constitution, the Lands Commission shall not be subject to the direction or control of any person or authority, in the performance of its functions.

Part II Ownership of land by Non-Citizens 

266 OWNERSHIP OF LAND BY NON-CITIZENS 

(1) No interest in or right over any land in Ghana shall be created which vests in a person who is not a citizen of Ghana a freehold interest in any land in Ghana. 

(2) An agreement, deed or conveyance of whatever nature, which seeks, contrary to clause (1) of this article, to confer on a person who is not a citizen of Ghana any freehold interest in, or right over, any land is void. 

(3) Where, on the twenty-second day of August 1969, any person not being a citizen of Ghana had a freehold interest in or right over any land in Ghana, that interest or right shall be deemed to be a leasehold interest for a period of fifty years at a peppercorn rent commencing from the twenty-second day of August 1969, and the freehold reversionary interest in any such land shall vest in the President on behalf of, and in trust for, the people of Ghana. 

(4) No interest in or right over any land in Ghana shall be created which vests in a person who is not a citizen of Ghana a leasehold for a term of more than fifty years at any one time. 

(5) Where on the twenty-second day of August 1969 any person not being a citizen of Ghana had a leasehold interest in, or right over, any land in Ghana for an unexpired period of more than fifty years, that interest in, or right over, any such land shall be deemed to be an interest or right subsisting for a period of fifty years commencing from the twenty-second day of August 1969.

Part III Stool and Skin Lands and Property – 267 STOOL AND SKIN LANDS AND PROPERTY 

(1) All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage. 

(2) There shall be established the Office of the Administrator of Stool Lands which shall be responsible for – 

(a) the establishment of a stool land account for each stool into which shall be paid all rents, dues, royalties, revenues or other payments whether in the nature of income or capital from the stool lands; 

(b) the collection of all such rents, dues, royalties, revenues or other payments whether in the nature of income or capital, and to account for them to the beneficiaries specified in clause (6) of this article; and 

(c) the disbursement of such revenues as may be determined in accordance with clause (6) of this article. 

(3) There shall be no disposition or development of any stool land unless the Regional Lands Commission of the region in which the land is situated has certified that the disposition or development is consistent with the development plan drawn up or approved by the planning authority for the area concerned. 

(4) Where the Regional Lands Commission fails or refuses to give the consent and concurrence under clause (3) of this article, a person aggrieved by the failure or refusal may appeal to the High Court. 

(5) Subject to the provisions of this Constitution, no interest in, or right over, any stool land in Ghana shall be created which vests in any person or body of persons a freehold interest howsoever described. 

(6) Ten per cent of the revenue accruing from stool lands shall be paid to the office of the Administrator of Stool Lands to cover administrative expenses; and the remaining revenue shall be disbursed in the following proportions – 

(a) twenty-five percent to the stool through the traditional authority for the maintenance of the stool in keeping with its status; 

(b) twenty percent to the traditional authority; and 

(c) fifty-five percent to the District Assembly, within the area of authority of which the stool lands are situated. 

(7) The Administrator of Stool Lands and the Regional Lands Commission shall consult with the stools and other traditional authorities in all matters relating to the administration and development of stool land and shall make available to them all relevant information and data. 

(8) The Lands Commission and the Administrator of Stool lands shall co-ordinate with all relevant public agencies and traditional authorities and stools in preparing a policy framework for the rational and productive development and management of stool lands. 

(9) Parliament may provide for the establishment of Regional branches of the Office of the Administrator of Stool Lands to perform, subject to the directions of the Administrator of Stool Lands, the functions of the Administrator in the region concerned.

Part IV Protecting Natural Resources – 268 PARLIAMENTARY RATIFICATION OF AGREEMENTS RELATING TO NATURAL RESOURCES

 (1) Any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person including the Government of Ghana, to any other person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resource of Ghana made or entered into after the coming into force of this Constitution shall be subject to ratification by Parliament. 

(2) Parliament may, by resolution supported by the votes of not less than two-thirds of all the members of Parliament, exempt from the provisions of clause (1) of this article any particular class of transactions, contracts or undertakings. 

269 NATURAL RESOURCES COMMISSIONS 

(1) Subject to the provisions of this Constitution, Parliament shall, by or under an Act of Parliament, provide for the establishment, within six months after Parliament first meets after the coming into force of this Constitution, of a Minerals Commission, a Forestry Commission, Fisheries Commission and such other Commissions as Parliament may determine, which shall be responsible for the regulation and management of the utilization of the natural resources concerned and the co-ordination of the policies in relation to them. 

(2) Notwithstanding article 268 of this Constitution, Parliament may, upon the recommendation of any of the Commissions established by virtue of clause (1) of this article, and upon such conditions as Parliament may prescribe, authorise any other agency of government to approve the grant of rights, concessions or contracts in respect of the exploitation of any mineral, water or other natural resource of Ghana.

CONVEYANCING DECREE, 1973 (NRCD 175)

This is just the first part of the Conveyancing Decree of 1973. You can get the full decree here.

PART I—MODES OF TRANSFER OF INTERESTS IN LAND

Section 1—Mode of Transfer. 

(1) A transfer of an interest in land shall be by a writing signed by the person making the transfer or by his agent duly authorised in writing, unless relieved against the need for such a writing by the provisions of section 3. 

(2) A transfer of an interest in land made in a manner other than as provided in this Part shall confer no interest on the transferee. 

Section 2—Contracts for Transfer. 

No contract for the transfer of an interest in land shall be enforceable unless— 

(a) it is evidenced in a writing signed by the person against whom the contract is to be proved or by a person who was authorised to sign on behalf of such person; or 

(b) it is relieved against the need for such a writing by the provisions of section 

Section 3—Transactions Permitted Without Writing.

 (1) Sections 1 and 2 shall not apply to any transfer or contract for the transfer of an interest in land which takes effect— 

(a) by operation of law; 

(b) by operation of the rules of equity relating to the creation or operation of resulting, implied or constructive trusts; 

(c) by order of the court; 

(d) by will or upon intestacy; 

(e) by prescription; 

(f) by a lease taking effect in possession for a term not exceeding three years, whether or not the lessee is given power to extend the term; 

(g) by a licence or profit other than a concession required to be in writing by section 3 of the Concessions Ordinance (Cap. 136); 

(h) by oral grant under customary law. 

(2) Sections 1 and 2 shall be subject to the rules of equity including the rules relating to unconscionability, fraud, duress and part-performance. 

Section 4—Records of Customary Transfers. 

(1) An oral grant of an interest in land under customary law shall be recorded in the form contained in the First Schedule, or as near thereto as circumstances permit, incorporating the essential features of the transaction sought to be effected, signed by the person making the transfer or by his agent lawfully authorised for that purpose, and certified by a registrar having jurisdiction within any part of the area to which the transaction relates. 

(2) An adequate plan of the land to which the transfer relates shall, if available, be incorporated in the record referred to in subsection (1).

(3) The registrar shall without delay and without charge prepare three copies of the record referred to in subsection (1). 

(4) The registrar shall deliver to the transferor and the transferee copies of the record certified by him, and shall dispose of the third copy as may be provided in regulations made under section 6. 

(5) The registrar shall refer to a magistrate for determination any doubt concerning issues arising under this section. 

Section 5—Effect of Record of Customary Transfer. 

A record of a transfer of an interest in land certified by a registrar under section 4 shall as between the parties be prima facie evidence of the matters stated therein.

Section 6—Administration of Recording Scheme. 

(1) The Chief Justice, after consultation with the Chief Lands Officer, may by legislative instrument make regulations providing generally for the administration of the scheme for recording customary transfers, prescribing the fee (if any) for the supply of copies, and permitting the public to inspect the records of such transfers at reasonable times. 

(2) The Chief Justice may by notice published in the Gazette appoint any person to be a registrar of customary land transfers for the purposes of this Part, and shall in such notice specify the area within which such registrar shall exercise his functions: Provided that until such notice is published the registrar of every District Court shall be deemed to be a registrar of customary land transfers for the purposes of this Part, and shall exercise his functions in relation to the magisterial district to which he is assigned. 

(3) The Chief Justice shall appoint an official surveyor for each District Court and such other staff as the business of the District Court requires to provide for the administration of the scheme for recording customary transfers. 

(4) Where any transfer relates to land falling within the area of jurisdiction of more than one registrar, the registrar for the area in which the transaction is recorded shall send a copy of the record to the registrars of each of the other areas to which the record relates. 

Section 7—Failure to Record, and Unlawful Recording. 

(1) An oral grant made under customary law shall be of no effect until it is recorded under section 4. 

(2) The District Court shall authorise the registrar to execute a record of transfer where the transferor without lawful excuse refuses at the request of the transferee to execute a record of a transfer to which section 4 applies.

(3) Any transferor who executes a record of a transfer under section 4 without reasonable cause to believe that he has the right to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred cedis or to imprisonment not exceeding twelve months or to both. 

Section 8—Evidence of Original Writing. 

The rules of evidence which provide for the proof of the contents of an original writing by other evidence when the original writing is not available shall apply in the case of writings required by this Part. 

Section 9—Implication of Intention from Writing.

 The fact that a transfer of an interest in land was made in writing or evidenced in writing shall not by itself give rise to any implication concerning the intention of the parties as to the system of law which they intended to govern the transfer, but it shall be permissible to make any reasonable inference from the contents of any such writing. 

Section 10—Definition of Transfer.

 For the purposes of this Part, a transfer of an interest in land includes every sale, lease, gift or other creation or disposition of an interest in land. 

Section 11—Application of this Part. ‘

Nothing in this Part shall affect any transfer of an interest in land made before the commencement of this Decree.

LANDS (STATUTORY WAYLEAVES) ACT, 1963 (ACT 186)

AN ACT to provide for entry on any land for the purpose of the construction, installation and maintenance of works of public utility, and for the creation of rights of way and other similar rights in respect of such works and  for purposes connected with the matters aforesaid.

Section 1—Creation of Statutory Wayleaves.

(1) Where the President is of the opinion that it is in the public interest that any right of way or other similar right over any land (hereafter in this Act referred to as a “statutory wayleave”) be created in respect of the whole or any part of any of the works specified in the next following section he may, subject to the provisions of this Act, by executive instrument (hereafter in this Act referred to as a “wayleave instrument”) declare the land specified in the instrument to be  subject to such statutory wayleave as is specified therein; and on the publication of a wayleave instrument and without further assurance the land shall be deemed to be subject to that wayleave which shall, in accordance with the terms of the instrument, enure to the benefit of the Republic, any statutory corporation specified in the instrument, or the public generally.

(2) A wayleave instrument shall contain the following particulars, that is to say—

(a) a description (with measurements) of the land affected by the statutory wayleave together with a plan showing the position of the works constructed thereon;

(b) particulars of the person or body for whose benefit the wayleave is to enure; and

(c) such other particulars of the said works as the President thinks necessary  or expedient to include in the instrument.

(3) A copy of every wayleave instrument shall be served on the owner or occupier of the land affected by the statutory wayleave, and if neither the owner or occupier can be found shall be posted in a conspicuous place on the land and published in a newspaper circulating in the locality.

(4) Any land subject to a statutory wayleave shall (notwithstanding any rule of law) continue to be subject thereto until the wayleave is terminated in accordance with regulations made under this Act.

Section 2—Works for which Statutory Wayleaves may be Created.

(1) A statutory wayleave may be created in respect of any of the following works, that is to say—

(a)  any highway; and

(b) any other structure or works for the purpose of, or in connection with, any public utility service;

any such works being hereafter in this Act referred to as “specified works”.

(2) Any statutory wayleave created for the purposes specified in paragraph (a) of the foregoing subsection shall, unless the contrary intention appears in the instrument creating the wayleave, be deemed to include the purposes specified in paragraph (b) of that subsection.

(3) In this section the expression “public utility service” means any service provided by the Republic, any local authority or statutory corporation, for supplying electricity, water (for any purpose) or gas, or for supplying sewerage, transport or telecommunication facilities or facilities connected with the operation of any port, railway, tramway or airport.

Section 3—Rights of Entry for Survey.

(1) With a view to determining whether any land is suitable for the construction of any specified works, any public officer or other person acting on behalf of the Republic, any local authority or statutory corporation may, if authorised by or on behalf of the Minister with the agreement of the appropriate Minister (any person so authorised being hereafter in this Act referred to as an “authorised person”) and subject to subsection (2) of this section, enter upon any land for the purpose of surveying that land.

(2) Before entering on any land in pursuance of the foregoing subsection the authorised person shall give to any person in occupation of that land not less than twenty-four hours notice of his proposed entry; and the notice shall contain particulars of the land to be surveyed, the purpose of the survey and of the works proposed to be constructed thereon.

(3) Any Minister having functions under this section may delegate those functions.

Section 4—Rights of Entry for Construction.

(1) Subject to the provisions of this section an authorised person may enter on any land for the purpose of carrying out any specified works if—

(a) he has given not less than one week’s notice in writing to the owner or occupier of the land of the proposed entry; or

(b) where neither the owner or occupier of the land can be found, has posted a notice indicating the date of the proposed entry (being a date not less than one week after the posting of the notice) in some conspicuous place on the land.

(2) Any notice given to any owner or occupier or posted on any land in pursuance of the foregoing subsection shall contain particulars of the land to be affected by the proposed works and particulars of those works, including their position by reference to a plan.

(3) Any person who wilfully obstructs an authorised person in the exercise of  his rights under this, or the last foregoing, section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty pounds or to a term of imprisonment not exceeding three months or to both.

Section 5—Rights of Entry for Inspection, Maintenance, Etc.

An authorised person may at any time enter on any land for the purpose of inspecting, maintaining, replacing or removing any specified works.

Section 6—Compensation.

(1) Where any person suffers any loss or damage as a result of the carrying out of any survey under this Act or as a result of the installation, construction, inspection, maintenance, replacement or removal of any specified works that person shall, save in so far as the loss or damage resulted from or arose out of the acts of that person, his servants or agents, and subject to the provisions of this section, be entitled to compensation of an amount assessed by the Minister in respect of such loss or damage; and in assessing such compensation the Minister may take into account in reduction thereof any amount by which a person’s land has increased in value as a result of the installation or construction of the works.

(2) Any claim for compensation under the foregoing subsection shall be made to the Minister in the prescribed form not more than three months (or such longer period as the Minister may either generally or in any particular case direct) after the date of the declaration made by the President under section 1 of this Act.

(3) No person shall be entitled to any compensation under this section for any loss or damage if—

(a) in the opinion of the Minister—

(i)  where the alleged damage is to land, that land has ben sufficiently reinstated; or

(ii) where the alleged loss arises out of the deprivation of the use of any land, the person alleging the loss has been offered other land of equivalent value;

(iii) where the alleged damage is to movable property, that property has either been replaced or sufficiently restored; or

(iv) the works constructed do not substantially interfere with the enjoyment of the land;

(b) where the alleged loss arises out of the construction of a highway, that construction does not deprive the owner of the parcel of land affected thereby of more than one-fifth of the parcel and the remainder of that parcel continues to be suitable for use for the purposes for which it was being used before the highway was constructed.

(4) Where any person is dissatisfied with the amount of compensation assessed by the Minister under this section, but in no other case, the matter may be referred by the Minister to a Tribunal established in accordance with the next following subsection.

(5) The Tribunal shall consist of three persons appointed by the President, following consultation with the Chief Justice, and one of those persons shall be a Judge of the High Court who shall be chairman of the Tribunal.

Section 7—Regulations.

The Minister may, by legislative instrument, make regulations—

(a) providing for all matters relating to the procedure and functions of the Tribunal established under this Act; and

(b) generally for giving effect to the provisions of this Act, and any regulations made by the Minister may, without prejudice to the generality of the foregoing words, impose charges upon any person or make provision for the payment of fees to the Minister or to any person appointed by him, and may make provision for the termination of any statutory wayleave and for all matters connected therewith.

Section 8—Interpretation.

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

“The Appropriate Minister” means the Minister responsible for the works concerned;

“highway” means any road, street, path, pavement or square and includes any bridge or other structure associated therewith;

“the Minister” means the Minister responsible for lands;

“specified Works” has the meaning assigned to it by section 2 of this Act;

“statutory Wayleave” has the meaning assigned to it by section 1 of this Act;

“transport” includes transport by canal, by overhead cable, conveyor or rail, or by pneumatic dispatch tube or by pipe line;

“wayleave instrument” has the meaning assigned to it by section 1 of this Act.

Section 9—Other Enactments Relating to Entry on, and Acquisition of, Land.

This Act shall not be construed as in any way being prejudiced by any other enactment relating to the entry on, or the acquisition of, any land for any purpose whatsoever.

THE LAND REGISTRY ACT, 1962

The land registry act guides us on the registration of land in Ghana. Here we will be looking at the mode of registration. You can get the full act online.

Mode of Registration 

10 Certificate of registration 

(I) The registrar at each office shall immediately after the proof of an instrument presented for registration, and on the presentation of an instrument duly proved before any other person, or of an instrument which may be registered under this Act without proof, place on the instrument a certificate in the Form D or F, set out in the Schedule. 

(2) The certificate shall specify the year, month, day and hour of the proof or presentation, of the instrument. 

(3) The year, month, day, and hour specified in the certificate is, for the purposes of this Act, if the instrument is ultimately registered, the year, month, day, and hour at which the instrument was registered. 

11. Register 

The registrar shall keep a register, and, subject to the exceptions stated in this Act, shall register in the register in the manner provided the instruments presented to the registrar in the prescribed form. 

12. Registration of duplicate or copy 

(I) Registration consists in filing a duplicate or copy, to be provided by the person presenting the instrument for registration of the instrument brought for registration. 

(2) A duplicate or copy shall bear the certificate required by section 10 to be placed on the original instrument, together with a certificate signed by the registrar that the duplicate has been compared and verified with the original. [Issue I] V – 2554 Land Registry Act, 1962 ACT 122 

(3) The duplicate or copy may be printed, written, typewritten, photographed or copied by any other process. 

(4) The registrar may refuse to accept 

(a) a duplicate or copy that is made on paper or other material which in the opinion of the registrar is of a size unsuitable for filing or of insufficient substance to be durable, and 

(b) a duplicate or copy made in a way which in the opinion of the registrar does not produce a permanent impression. 

13. Numbering and filing of duplicates or copies 

The registrar shall number a duplicate or copy so filed consecutively, and shall file the duplicates or copies in the order in which they are received by the registrar. 

14. Endorsed instruments

An instrument endorsed on another instrument shall not be registered without the instrument on which it is endorsed, unless the latter instrument is already registered. 

15. Replacement of illegible instruments

(I) Where in the opinion of a registrar a duplicate or copy of an instrument registered in accordance with this Act has deteriorated or become illegible or is likely to deteriorate or become illegible, the registrar may substitute for that duplicate or copy a further copy of the original instrument, or an improved and legible copy of the deteriorated or illegible duplicate or copy. 

(2) The registrar shall endorse on the substituted document a certificate setting forth the circumstances which rendered the substitution necessary. 

16. Copies of maps and plans to be provided 

Where a map or plan is comprised in or annexed to an instrument, a true copy of the map or plan must accompany the instrument when brought for registration, and shall be filed in the register. 

17. Books and registers of instruments 

(I) The registrar shall keep a book in which the registrar shall, on registration of an instrument, enter the registered number, the names of the parties, the date and nature of the instrument, and the date of the registration. 

(2) The chief registrar may cause registrars to keep any other books and registers. 

18. Publication of lists of registered instruments 

(I) Within ten days after the last day of each month, the registrar in charge of each office shall send to the chief registrar a complete list in the Form G set out in the Schedule, or to that effect, of the instruments registered in the registrar’s office during the past month. 

(2) On receipt of the lists the chief registrar shall, within fourteen days, compile one general list which shall be retained in the chief registrar’s office, and shall send one copy of it to the registrar in charge of each office, and publish the list in the Gazette. V – 2555 [Issue I] ACT 122 Land Registry Act, 1962 19. Searches, copies and extracts A registrar shall, on application, allow searches to be made at reasonable times in a book, register or list in the registrar’s custody, and shall on request give certified copies of, or extracts from, an entry in that book, register or list or of a duplicate or copy of a registered instrument filed in the register. 

LAND TITLE REGISTRATION LAW, 1986 (PNDCL 152)

Incidences of double registration of the same parcel/piece or land is what lead to the Land Title Registration Law in 1986. Below you will find an excerpt from the law.

Section 1—Establishment of Land Title Registry and Appointment of Officers.

(1) There shall be established a Land Title Registry (in this Law referred to as “the Registry”) with offices at such place or places as the Provisional National Defence Council Secretary responsible for Lands (in this Law referred to as “the Secretary”) may from time to time by legislative instrument determine on the advice of the Title Registration Advisory Board established under section 10 of this Law (referred to in this Law as “the Board”).

(2) There shall be kept and maintained in every Registry office established under subsection (1) of this section the following—

(a)  a register which shall constitute the land register;

(b) a map to be known as the registry map;

(c) parcel files containing the instruments which support subsisting entries in the register and any filed plans and documents;

(d) a book to be known as the presentation book in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the Registry;

(e) an index arranged in alphabetical order of the names of the proprietors of land and interests in land, showing the numbers of the parcels of which they are proprietors or in which they hold interests; and

(f) a register and a file of powers of attorney.

Section 2—Seals of Registry Offices.

Every Registry office shall have a seal and every instrument purporting to bear the imprint of such a seal shall be admissible in evidence and, unless the contrary is shown, shall be deemed without proof to have been issued by an order or under the direction of the Chief Registrar of Lands appointed under section 3 of this Law.

Section 3—Appointment of Chief Registrar of Lands and Land Registrars, Etc.

(1) There shall be a Chief Registrar of Lands (referred to in this Law as “the Chief Registrar”), who shall be appointed by the Provisional National Defence Council in consultation with the Public Services Commission.

(2) The Chief Registrar shall be assisted in the performance of his functions under this Law by Land Registrars and Assistant Land Registrars (referred to in this Law as “Land Registrars”) all of whom shall be appointed by the Provisional National Defence Council in consultation with the Public Services Commission.

Section 4—Appointment of Other Officers and Employees.

The Secretary shall in consultation with the Public Services Commission appoint such other officers and employees as may be necessary for carrying out the provisions of this Law.

PART II—COMPILATION OF THE REGISTER

Sub-Part I—General Provisions

Section 5—Declaration of Registration Districts.

The Secretary may by legislative instrument declare any area specified in the instrument to be a registration district.

Section 6—Demarcation and Survey of Boundaries.

(1) Where an area is declared a registration district under section 5 of this Law, the Chief Registrar, if he deems it fit so to do, may in consultation with the Director of Surveys direct that the boundaries of any land in the registration district to which the declaration relates be demarcated or that a survey be made of such boundaries or both.

(2) The Chief Registrar may, in consultation with the Director of Surveys, direct any official or licensed Surveyor or his agents and workmen to enter upon any land which he is appointed to demarcate or survey within a registration district and may make all enquiries or do or cause to be done all things necessary for effecting the land demarcation of the boundaries and survey of such land.

Section 7—Division of Registration Districts into Sections.

The Chief Registrar may divide a registration district into registration sections.

READ ALSO: Lands for sale in Ghana

Buying Land in Ghana

We hope that these laws help in your understanding and acquisition of land in Ghana. Always remember to work with a qualified lawyer or real estate company in Ghana to get the best result. Buying land in Ghana is not a complicated process but like any other venture, it has rules and regulations that govern it. Having a good understanding of the laws that govern land in Ghana can help you stay safe as a buyer and avoid any form of scam.

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Comments

  • Q&A: How Do I Transfer A Land Title In Ghana? – Meqasa Blog
    7 September, 2020 13:42

    […] READ ALSO: All the Land Laws You Need to Check When Buying Land in Ghana [Relevant Articles & Sections] […]

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