Introduction
When it comes to land governance in Ghana, the Land Act, 2020 (Act 1036) often takes centre stage. The landmark enactment has been hailed as a game-changer, consolidating the country’s land laws and providing a framework for managing land resources.[1]
In the view of former President Akufo-Addo, the Land Act, as “a game-changer, … encapsulates all the various issues in the land administration regime …”[2] Elizabeth Ashun and Theodosia Tandoh of Bentsi-Enchill, Letsa & Ankomah describe the Act as “ … an all-in-one law for all things related to land law in Ghana.”[3] A Land Rights Advocate & Policy Analyst, Francis Bangura, [4] equally illustrates that the Act consolidates “all land-related laws into a single complete enactment on land.”[5]
The consolidation of the existing land statutes by the Land Act can, in no way be underestimated; but to the eyes of the critics, the furore about the Act being a single comprehensive enactment on land that addresses all land-related issues in the country may seem to be wildly overblown.
Focusing solely on the Land Act in identifying the land governance framework and administration risks overlooking other crucial pieces of legislation that, while not explicitly land enactments, have a significant impact on land use, ownership, and management in Ghana. Laws traversing chieftaincy, limitation, stamping, forestry, environmental protection, and many more intersect with land governance, influencing how land is used, conserved and contested.
In this article, some light is shed generally on some of the land-related provisions in other subject matter enactments, exploring their relevance and implications for Ghana’s land sector. By examining their broader legal landscape, we can better understand the complexities of land governance in Ghana and work towards more effective and sustainable land management practices.
Land-Related Provisions contained in Enactments other than the Land Act
It needs stressing the point that the Land Act is designed to operate harmoniously with other land-related provisions implanted in other enactments, some of which are examined below:
1. Limitation Act, 1972 (N.R.C.D. 54)
The Limitation Act is an important legislation in Ghana which regulates the time limits for bringing actions in court. It is one of the effective defences often pleaded or raised in land suits. Section 10 of the Act precludes a person from instituting an action for the recovery of land from a person who has exercised adverse possession over land for a period of twelve years. It must be highlighted that there are a number of sections in the Limitation Act that relate directly to land.[6]
Correspondingly, the Land Act reciprocates by accommodating the provisions of the Limitation Act. Under section 121 (1) (g) of the Land Act, a right acquired under the Limitation Act overrides a registered interest in land. Similarly, although under section 111, the entry in the land register of a person’s interest in land is conclusive evidence of title of the holder of the interest specified in the register, it does not affect a right acquired under the Limitation Act. Apart from these provisions, sections 106 (1), 160 (2) (c) and 236 (1) of the Land Act expressly make mention of the provisions of the Limitation Act.
It is worthy of note that in some jurisdictions, the provisions on adverse possession and limitation of actions in respect of land have been incorporated in Land Statutes. For instance, in the United Kingdom,[7] the law on adverse possession as regards registered interest in land is embodied in the Land Registration Act of 2002 (LRA 2002)[8]; while New Zealand has it in the Land Transfer Act 2017.9
Perhaps, in our aspirations for a comprehensive consolidated land enactment, Ghana can consider adopting a similar approach by absorbing the provisions on adverse possession and other land-related provisions in the Limitation Act into the Land Act in future land reforms.
2. Stamp Duty Act, 2005 (Act 689) As Amended
Stamping of legal documents in Ghana is governed by the Stamp Duty Act, 2005 (Act 689) as amended. Stamping is a condition precedent for the registration of instruments affecting land. [9] Section 165 of the Land Act provides that:
“An instrument required by an enactment to be stamped shall not be accepted for registration if the instrument is not duly stamped.”
Where an instrument affecting land is not duly stamped, it can also not be admitted in evidence in any civil proceedings.[10] It is no secret that on daily basis in our court rooms, most documents tendered in land proceedings end up being rejected because of the absence of stamping.[11] The vital role stamping plays in land registration and litigation cannot be overemphasized, and it is therefore a matter of importance that litigants, land practitioners and judges acquaint themselves with the provisions of the Stamp Duty Act and its amendments.
3. Administration of Estates Act, 1961 (Act 63).
The Administration of Estates Act, 1961 (Act 63) is another notable legislation that governs the administration of estates in Ghana, including land. The Act defines “estate” as including both personal (movable) and real (immovable) property, which obviously encompasses land and interests in land [12] The Act has significant implications for land administration in Ghana, particularly in terms of succession, land transfer and land disputes.
4. Land Use and Spatial Planning Act, 2016 (Act 925)
The Land Use and Spatial Planning Act is beneficial legislation, aimed at promoting sustainable land use and spatial planning in Ghana. [13] The Act requires the preparation of land use plans, including zoning schemes, to regulate land use and development.[14]
The Act also establishes a development control system for the purpose of controlling land development, including the requirement for building permits and planning approvals. For instance, under section 93 of the Act, prior notice is required to be given to members of a community before re-zoning can be done. The courts have not relented in applying Act 925 in land litigation even under the current dispensation of the Land Act, as evidenced by the cases of Republic v. New Juaben District Assembly Koforidua & The Registered Trustees of the Catholic Church, Koforidua Diocese[15] and Amos Wuntah Wuni & Helena Sagoe & 4 Others.17
5. Environmental Protection Act, 2025 (Act 1124)
The Environmental Protection Act, 2025 (Act 1124) replaced the Environmental Protection Agency Act, 1994 (Act 490), so the EPA Act is now EP Act. It is said, echoes are more noisy than the source,18 hence the new Act creates a more robust proactive legal environment where land disputes are increasingly tied to demonstrable environmental impact and climate resilience, providing powerful arguments for plaintiffs and their counsel. The Act significantly impacts land litigation. Landowners can now sue for damages related to climate change impacts (like flooding) if development fails to meet the Act’s adaptation requirements.
The Act establishes the Environmental Protection Authority as a corporate body capable of acquiring, holding and disposing of property among others. Where the Authority encounters difficulties in the acquisition of land, section 1 (3) of the Act permits it to acquire land under the Land Act, 2020. It needs reiterating the point that under the old regime, the governing body was an “Agency” as opposed to an “Authority” in Act 1124.
The Act seeks to target complex forms of pollution of the environment. Under the past EPA regime, only the unsophisticated were pursued, when the real damage to the environment was caused by the sophisticated polluters. True it is that in society when a respectable person pollutes the air, often the dirty person is blamed.
Among the guiding principles for the enforcement of the Act enumerated in Part Six, specifically at section 162, are sustainable development [16] and intergenerational equity.[17] Sustainable development has been defined by the Act as
“meeting human development goals while sustaining the ability of natural systems to provide the natural resources and the ecosystem services on which the economy and society depend.”[18]
The intergenerational equity principle[19] on the other hand connotes that the current generation holds land for future ones, inheriting it and passing it on in no worse condition.[20] It accords with the famous statement of Nana Sir Ofori Atta I, Paramount Chief of Akyem Abuakwa[21] that; “land belongs to a vast family of whom many are dead, a few are living and a countless few are yet unborn.”[22]
6. Rent Act, 1963 (Act 220) as Amended.
The Rent Act, 1963 (Act 220) remains the primary legislation which governs landlordtenant relationship in Ghana. The Act protects tenants from arbitrary evictions and limits advance rents to a maximum of six months. 26 It can be seen that implementation of the provisions of the Act faces serious challenges from market forces, making adherence to its spirit difficult. Nevertheless, as the rent regime in force regulating landlord-tenant relationship, it undoubtedly occupies a significant place in the reckoning of the land legal framework in Ghana which cannot be easily glossed over.
7. Petroleum (Exploration and Production) Act, 2016 (Act 919)
The Petroleum (Exploration and Production) Act, 2016 (Act 919) regulates oil and gas activities in Ghana, establishing state ownership of resources and creating a framework for agreements, directly impacting land use by granting rights to contractors, which sometimes lead to land litigation over access, compensation, and land use conflicts, with local communities and traditional owners, as it provides the legal basis of petroleum operations on various lands (territorial, inland, shelf) and require parliamentary ratification for agreements. Land conflicts in respect of the Act normally stem from the fact that the surface of the land is owned by the people, while the state and the explorers have interest in the resource in the land. The issue of surface right, however, does not apply to offshore exploration and subsequent production.
8. Local Governance Act, 2016 (Act 936)
The Local Governance Act, 2016 (Act 936) confers powers on Metropolitan, Municipal and District Assemblies (MMDAs) to enact bylaws and require permits for physical developments.[23] Unauthorized development can face enforcement sanctions.[24] It is a common phenomenon in our courts for parties to attack the title of their adversaries who have not obtained the requisite building permits under the Local Governance Act. The courts have, however, held that the issuance of a building permit is not confirmatory of one’s title.[25] The Act also lays down the procedure necessary for removing or demolishing a structure constructed without a permit.[26] The Land Act recognizes the complementary role Act 936 plays in land administration.[27]
9. Forest Act, 1927 (Cap. 157).
Ghana’s Forest Act creates forest reserves leading to land disputes when traditional ownership clashes with state control.
Section 18 of the Act dealing with transfer rights in a forest reserve, for instance, provides: “
A right in a forest reserve shall not be alienated by sale, lease, mortgage, charge, or transfer, unless the right holder has given a written notification of that intention to the Forestry Commission.”
It is worth stressing the point that a prior customary right acquired under the Forest Act, as recognized by the Land Act, overrides a registered interest in land.[28]
10. Concession Act, 1962 (Act 124)
Just like the Forest Act, a right acquired under the Concession Act which was subsisting at the time of first registration of a land overrides a registered interest under section 121 (1) (b) of the Land Act. Although the Concession Act was repealed by the Timber Resources Management Act, 1998 (Act 547), sections 1 & 16 of the Act continued to apply.[29]
11. Trees and Timber Act, 1974 (N.R.C.D. 273).
The Act provides the legal framework for timber extraction. It regulates timber use even on a private land or land owned by a customary entity (Stools, Skins, Clans and Families) creating clashes when traditional owners or private holders dispute state control or logging licence issued under the Act. Conflicts over timber have always been associated with underlying land tenure issues.
12. Lands Commission Act, 2008 (Act 767).
The Act mandates the Lands Commission to manage public lands, register transactions, and promote efficient land administration. The Land Act under section 100 makes reference to the Lands Commission Act, illustrating that the two enactments are mutually reinforcing and complementary.
13. Timber Resources Management Act, 1998 (Act 547).
The Timber Resources Management Act of 1998 regulates timber harvesting through Timber Utilization Contracts (TUCs), aimed at sustainable management. However, clashes often emerge from land tenure complexities and existing customary land rights, leading to critical land litigation as communities, individuals and companies dispute ownership or the right to harvest stool lands and private lands, being conflicts between state-granted rights and traditional or private ownership. The Timber Resource Management Act is recognized by the Land Act under sections 83(5) and 121 (1) (j) of the Land Act.
14. Chieftaincy Act, 2008 (Act 759)
The Chieftaincy Act also has relevant provisions impacting on land management and litigation. For instance, under section 45, the alienation of a stool land requires the consent of the Traditional Council of the area in which the stool land is located. Also, under section 46, an execution of a stool property cannot be levied by a person, except the written consent of the National House of Chiefs has been obtained. It is noticeable, quite evidently, that the Land Act alludes to the Chieftaincy Act for the true meaning of “traditional area.”[30]
15. Land (Statutory Wayleaves) Act, 1963, (Act 186)
Act 186 gives the President the power to acquire right of way or any similar right over private land for the purpose of construction, installation and maintenance of works of public utility. The power of the President under the Act does not affect the ownership of the land or vests title to the state or utility company. Ownership continues to remain in the private person or entity.
This ownership right of private persons was recognized by the Court of Appeal when it held through Honyenuga J.A. in the case of Obaahema Nana Krab II v. Emmanuel Swanzy-Krah[31] thus:
“Our present legal dispensation accords much respect to the right of an individual or group of individuals to own and enjoy their property without much interference, except for the purpose of ensuring public safety or the economic well-being or other compelling needs of the society. And if the need arises for the proprietary rights of any individual or group of individuals to be interfered with, it must be done strictly in accordance with the law.”
Section 9 clarifies that the Act does not prejudice other enactments relating to the acquisition and entry of land, which thus suggests that it operates alongside the general legal framework for land governance and administration, like the Land Act. The objective of Act 186 is somehow related to section 275 of the Land Act which empowers the President, by way of an Executive Instrument, to authorize the use of a private land as a means of access, albeit temporarily.
16. Mortgages Act, 1972 (N.R.C.D. 96).
Section 148 to section 153 of the Land Act is dedicated entirely to mortgage transactions. Mortgage has been defined under section 281 of the Act as having “the meaning assigned to it in section 1 of the Mortgages Act, 1972 (N.R.C.D. 96).”
Section 1 of the Mortgages Act states: “1. Nature of a mortgage
(1). A mortgage for the purposes of this Act is a contract charging immovable property as security for the due repayment of a debt and the interest accruing on the debt or for the performance of any other obligation for which it is given, in accordance with the terms of the contract.
(2). A mortgage is an encumbrance on the property charged, and does not, except as provided by this Act, operate so as to change the ownership, right to possession or any other interest, whether present or future in the property charged.
(3). A mortgage may be created in an interest in immovable property which is alienable.” (emphasis supplied).
A careful reading of the provisions supra would show that the Land Act has adopted the entire provisions of the Mortgages Act by implication.
17. Head of Family Accountability Act, 1985 (P.N.D.C.L. 114).
Under section 13 of the Land Act, a chief, tendana, clan head, family head or any other authority in charge of the management of stool or skin, or clan or family land is deemed a fiduciary and is made accountable to the entity concerned. Subsections (5) and (6) explicitly make it clear that the provisions of the Head of Family (Accountability) Act, 1985 (P.N.D.C.L. 114) shall apply to the Land Act with the necessary modification.
18. Minerals and Mining Act, 2006 (Act 703).
Land is defined at section 281 of the Land Act to include “… any interest or right in, to or over immovable property.” Since minerals are a natural substance in, under or upon any land, it can fairly be considered part of land for which the provisions of the Land Act would apply.
However, section 83 (5) of the Land Act states that a licence obtained under the Minerals and Mining Act, 2006 (Act 703) shall not be registered under the Land Act. Section 119 (4) equally states:
“The registration of a person as a proprietor of land or a holder of an interest in land does not confer on that person a right to minerals in the natural state in, under or upon the land.”
In effect, the provisions of the Land Act shall not affect rights acquired under the Minerals and Mining Act and vice versa. The Minerals and Mining Act reaffirms the constitutional provision that vests all minerals in their natural state in Ghana in the President in trust for the people of Ghana. [32] The Act allows for compulsory acquisition of land for mining purposes,[33] but this often generates compensation issues. The Act’s subsidiary legislation, the Minerals and Mining (Compensation and Resettlement) Regulations, 2012 (L.I. 2175) makes provision for compensation for lost crops, diminution of land value, and other losses, determined by the Minister.
19. Alternative Dispute Resolution Act, 2010 (Act 798)
There are several provisions in the Land Act that mandate the parties to resort to Alternative Dispute Resolution (ADR) before instituting an action in court. Among these provisions are section 104 (1) (c), section 107 (8), section 91 (2), section 142 (3), section 143 (3) and section 225 (6) of Land Act. This implies that beyond the Land Act, land law practitioners and judges must have a fairly good appreciation of the ADR Act.
20. Office of the Administrator of Stool Lands Act, 1994 (Act 481)
The Office of the Administrator of Stool Lands was created by Act 481 to manage and disburse revenue from traditional stool lands. The Act was not affected by the consolidation of the land-related statutes by the Land Act and their repeal. It must be put on record without question that the Land Act recognizes the role of the Office of the Administrator of Stool Lands and even mandates it to collaborate with the Lands Commission to provide technical and advisory services in the establishment of the Customary Land Secretariat.[34]
21. Companies Act, 2019 (Act 992)
It is trite that a company is a juristic entity capable of owning properties[35] including land in its own name.[36] Accordingly, some provisions in the Land Act specifically defer to the provisions of the Companies Act. For instance, section 68 (4) provides that a conveyance executed by a company governed by the Companies Act supra shall be executed in accordance with the provisions of the Companies Act.41 The Mexicans were right when they said, “For every dog, there is an appropriate stick”, because we see in section 68[37] how conveyances are to be executed by various entities.
22. Electronics Transactions Act, 2008 (Act 772)
While the Land Act, by way of innovation, introduced electronic conveyancing into land administration in Ghana, it did not seek to achieve that objective by operating independently. It still fell back to the Electronics Transactions Act. According to a Chinese proverb, “No matter how tall a tree is, its leaves will always fall to the ground.” Section 78 (c) of the Land Act thus provides, as a mandatory requirement, that the electronic signature of any person who authenticates a conveyance shall be certified in accordance with the Electronic Transactions Act.
23. Economic Plants Protection Act, 1979 (AFRC 47)
The Economic Plants Protection Act prohibits the destruction of valuable plants, such as cocoa and citrus without lawful authority. The Act mandates the courts to order offenders to pay compensation and penalties for the destroyed plants. Conflict often arises from overlapping claims between land owners and state enforced economic plant protection. Farmers may have long-standing cultivation rights, while the state may have control over specific economic plants. According to an Igbo proverb, “When a goat is trampled to death, its owner comes out.” Equally so, when farmers clearing land for other development or crops cut or destroy cocoa trees, law enforcement agencies pursue, arrest and prosecute them, often leading to complex legal battles over economic resources.
24. Borrowers and Lenders Act, 2020 (Act 1052)
The Borrowers and Lenders Act, 2020 (Act 1052) repealed the Borrowers and Lenders Act, 2008 (Act 773).[38] Act 1052 regulates the registration and enforcement of security interests like mortgages created over land for credit. The Act provides the overarching law for credit, superseding older fragmented laws like the Mortgages Act. It also sets down rules for creating, registering, and enforcing security interests across all collateral. The Act defines “collateral” broadly to include both movable and immovable property (such as land and building) which can be pledged by a borrower to secure a credit facility.
The Borrowers and Lenders Act 2020 is a complementary piece of legislation to the Land Act. Security interest in land must comply with the registration requirements under both Acts though for different purposes. A security interest registered in the Collateral Registry for lenders under the Borrowers and Lenders Act has priority over any other interests registered under any other enactment (including the Land Act) regardless of the time of registration.
25. Home Mortgage Finance Act, 2008 (Act 770)
Prior to 2008, Ghana’s legal framework had rules that inadequately protected creditors, contributing to bottlenecks in mortgage finance and uncertainty which often fueled land disputes. The Home Mortgage Finance Act was thus enacted to resolve these issues and improved creditor rights protection. The Act provided a stable legal framework that ultimately reduces the incidence of land litigation by formalizing and securing property rights within the mortgage process.
The Act works in conjunction with the Mortgages Act and the Borrowers and Lenders Act. Where there is conflict between it and the Borrowers and Lenders Act over priority for security interest, the latter prevails.
26. Legal Profession Act, 1960 (Act 32)
Under section 33 of the Land Act, a conveyance is to be prepared by only a lawyer in terms of the Legal Profession Act, 1960 (Act 32). This therefore enjoins researchers to go beyond the Land Act to consider the relevant provisions of the Legal Profession Act in respect of the preparation of conveyances.
27. Survey Act, 1962 (Act 127)
We may recall that the Land Act repealed only section 11 of the Survey Act herein. The rest of the provisions of the Act were not affected. Therefore, the Survey Act continues to co-exist side by side with the Land Act.
28. Statutory Declaration Act, 1971 (Act 389)
Hitherto, statutory declaration was not considered an instrument capable of transferring land.[39] The case is now different; section 207 of the Land Act currently recognizes statutory declaration as a registrable instrument affecting land. The Land Act makes copious references to its usage.[40]
29. Power of Attorney Act, 1998 (Act 549)
Power of Attorney has also been listed as a registrable right and instrument affecting land under sections 82 (e) and 207 (1) (e) respectively. A power of attorney given by a donor to a donee to alienate land is to be registered under the Land Act. An instrument executed by a person as an agent for another shall not be accepted by the Land Registrar if the person who executed it was not authorized to execute that instrument by a power of attorney and verified.46 The Land Act extensively mentions power of attorney in most of its provisions and it can therefore not be ignored in examining land-related provisions in other statutes.
30. Real Estate Agency Act, 2020 (Act 1047)
The Real Estate Agency Act regulates real estate agency practice as well as commercial transactions in real estate including the sale, purchase, rental and leasing of real estate and related fixed assets. The Act applies to all real estate transactions, including tenancies over one year, covering most property dealings where disputes often arise.
It may seem that the Act recognizes real estate transactions in respect of land situated outside Ghana. “Real estate” is defined under the Act to mean:
“an estate or interest in land and the improvement on the estate or interest whether corporeal or incorporeal, whether absolute, freehold or non-freehold and whether or not the estate or land is situated in this country.”
The Act mandates the Lands Commission not to register a real estate or an interest in a real estate[41] which is a subject matter of a real estate transaction.[42]
Under the Act, only licensed persons who have passed the requisite examinations organized by the Board[43] shall qualify as real estate agents.[44] A licence issued under the Act shall not be transferable.[45] Grievances under the Act are resolved by an Appeals Committee52 which comprises five persons[46] whose decisions are reviewable by the High Court, upon application if dissatisfied with a decision. Generally, the decisions of the Appeals Committee do not operate as a stay of execution of their decisions.[47]
The Act prohibits cash payments in real estate transactions.[48] All payment are to be made via bank draft, cheque, bank transfer or electronic money transfer.[49] This is a strategic measure to curb money laundering and enhance transparency.
31. Illegal Seizure of Ivorian and Ghanaian Farms (Abatement of Proceedings) Act, 1992 (P.N.D.C.L. 305)
P.N.D.C.L. 305, officially the Illegal Seizure of Ivorian and Ghanaian Farms (Abatement of Proceedings) Act, 1992 remains a valid and active law in Ghana. The law sought to stop all court proceedings relating to all farmers whose farms were illegally seized by some chiefs in the then Brong Ahafo Region during the demarcation of the Ghana/Cote d’Ivoire border in the Dormaa District.
Under section 2 of the Act, a cause or matter relating to the issue pending in court was to be abated. Section 3 provides that: “
Despite a law to the contrary, a judgment or order of a Court in respect of a cause or matter relating to or connected with the subject matter of the illegal seizure of Ivorian or Ghanaian farms by some chiefs in Brong Ahafo is set aside.”
It is worth emphasizing here that the Act did not authorize illegal seizure but effectively shielded the chiefs who had illegally seized the lands from court action at the time it was enacted. The law was viewed as debatable because it bypassed the traditional judicial process and nullified court decisions, concentrating power within an executive-appointed committee, which created significant challenges for those seeking justice through established channels, contributing to complex and unresolved land litigation issues that may still persist. It has been more than three decades since the law was enacted. Most probably, some chiefs might have forgotten about the matter now, but obviously not with the farmers who were the victims. Our elders say, “The person who excretes may sooner or later forget but not the person who stepped in the faeces.”
What fuels the controversy about P.N.D.C.L. 305 is that the Constitution prohibits Parliament from enacting a law to invalidate a court’s judgment or decision. Article 107 of the 1992 Constitution provides:
“Parliament shall have no power to pass any law – (a) to alter the decision or judgment of any court as between the parties subject to that decision or judgment; …”
We may recall that in 1998 when Parliament appointed the Statute Law Revision Commissioner [50] to update all existing laws (by removing obsolete, expired or unnecessary ones) and bring them in conformity with the provisions of the 1992 Constitution, it was thought that PNDCL 305 would be reviewed, but it was not.
Similarly, Parliament failed to touch it when consolidating land statutes in the Land Act. It could have repealed it in the same manner it did to some anachronistic statutes, such as the Land Development (Protection of Purchasers) Act, 1960 and the Farm Lands (Protection) Act, 1962 (Act 107).
Unpretentiously, P.N.D.C.L. 305 not having been repealed or pronounced “unconstitutional” by the Supreme Court, it continues to enjoy life in our statutes book as a valid law. Therefore, it operates side by side with the Land Act; having serious legal implications for farmers in the Dormaa area.
Since under section 64 (1) (c) of the Land Act, a good title can be derived from a final judgment of a court of competent jurisdiction, P.N.D.C.L. 305 having voided all court judgments pertaining to the illegal farm seizure, the validity of such judgments to qualify as “good title” remains in doubt, especially in view of the unbridled phrase “Despite a law to the contrary …”.
We must also recognize that although a court judgment under section 207 (1) (h)[51][52] is a registrable instrument affecting land, the Land Registrar is imbued with power to decline the registration of such judgments at the Deeds Registry. Section 233 of the Land Act provides:
“A Land Registrar may … refuse to register an instrument affecting a particular land if …. (c) the instrument is made in contravention of, or is void by virtue of an enactment, …”
Conclusion
In conclusion, understanding Ghana’s land governance requires looking beyond the Land Act to the broader legislative landscape. Relying solely on the Land Act leaves gaps in comprehension, as the bits and pieces of important land-related provisions are scattered across legislations on numerous subject matters. The extensive reference to various legislations by the Land Act is itself an indication that its provisions alone are inadequate in addressing all land-related issues.
Through the expedition undertaken in this article, we can appreciate that the Land Act is a part of a larger narrative; one that seeks to promote clarity, certainty and consistency. By way of analogy, just as the Ten Commandments provide a foundation for moral guidance, so the Land Act provides a foundation for land governance in Ghana. And just as the other books of the Bible offer additional guidance and wisdom,59 so other land-related enactments provide direction and clarity on land administration in Ghana; without prejudice to the miscellany of land-related enactments[53] that could not find space in this article like the infinite deeds of Jesus not captured by the Bible.[54]
By situating the Land Act within the larger context, we will be able to understand that it is not a stand-alone law, but forms part of a cohesive framework for land administration in Ghana that includes other enactments.
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[1] Thirteen legislations were repealed and reenacted by the Land Act. See section 282.
[2] See GhanaWeb Story on Wednesday, 7th December 2022 captioned, “Land Act 2020 a ‘game changer’ in land administration – President Akufo-Addo touts.”
[3] Elizabeth Ashun & Theodosia Tandoh, “Key Highlights of Ghana’s Land Act 2020”, Bentsi-Enchill, Letsa & Ankomah, Ghana, Lex Africa (26th April, 2022).
[4] Francis Bangura of the University for Development Studies and Colandef.
[5] See also Ndowuona, “Key Features of Ghana’s New Land Act, 2020” (Available online).
[6] A number of sections, such as sections 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 30, 31, 32 & 33 of the Limitation Act, 1972 (NRCD 54) are also related to land either directly or indirectly.
[7] England and Wales.
[8] Apart from that, limitation for unregistered land and all other matters are contained in the Limitation Act 1980. 9 See section 155 of the Land Transfer Act, 2017.
[9] See section 207 (1) and (2) (d) of the Land Act.
[10] See section 32 (6) of the Stamp Duty Act.
[11] See case such as Lizori Ltd v. Boye & School of Domestic Science and Catering [2013-2014] 2 SCGLR 889 at holding 1; Nii Aflah v. Benjamin Kwaku Boateng, Civil Appeal No. J4/80/22; dated 22nd March 2023, S.C., Unreported; Francis Appiah-Mensah v. Gifty Anane Wireko, Civil Appeal No. J4/28/2023, dated 19th July, 2023, S.C., Unreported; Theophilus Teiko Sagoe & Another v. Dr. Prempeh & Another, Civil Appeal No. J4/28/22, dated 26th April, 2023, S.C., Unreported and Woodhouse Ltd. v. Airtel Ghana Ltd. [2018] DLSC 4136.
[12] See section 1 of Act 63.
[13] See section 1 of Act 925.
[14] See section 10 of Act 925.
[15] Civil Appeal No. J4/72/2021, dated 5th July, 2023, S.C. (Unreported) per Pwamang JSC. 17 Suit No. H1/73/2022, C.A. (Sekondi) (Unreported) 18 Attributed to Toba Beta in (Master of Stupidity).
[16] See section 161 (e).
[17] See section 161 (b).
[18] See section 170 of the Act.
[19] The Land Act seeks to achieve this objective under various sections, such as section 13 on holding management of customary land entities accountable, section 19 on land reserved for common use, section 22 on restrictions of exploitation on natural resources and farming rights and section 102 on consent required from the Regional Lands Commission in the alienation of large scale disposition of land held by a customary entity.
[20] See the meaning in the interpretation section.
[21] See Nii Amaa Ollenu, “Principles of Customary Law in Ghana” (London, Sweet & Maxwell, 1962) at page 4.
[22] Chief Gboteyi, the Elesi of Odogbolu in Nigeria is alleged to have made similar statement. 26 See section 25 (5) of Act 220.
[23] See section 106 of Act 936.
[24] See section 94.
[25] See Ofori Agyekum v. Madam Akua Bio (Dec’d), Civil App. No. J4/59/2014, dated 13th April, 2014, S.C. (Unreported); Adjetey & Ors. v. Nmai Boi & Ors. [2013-2014] 2 SCGLR 1474; Dzade v. Aboagye [1982] GLR 209 and Osei (substituted by) Gilard v. Korang [2013-2014] 1 SCGLR 221 at p. 238.
[26] In Randolph v. Accra City Council [1975] 2 GLR 198, the Court found the demolishing act of the City Council without complying with the Local Government Act then in force as illegal.
[27] See for instance section 31 (3).
[28] See section 121 (1) (b) of the Land Act.
[29] See section 22 (1) of Act 547.
[30] See section 281.
[31] Civil Appeal No. H1/133/06, dated 29th March, 2007, C.A. (Unreported).
[32] See Article 257 (6) of the 1992 Constitution.
[33] See section 2 of Act 703.
[34] See sections 14 & 18 of the Land Act.
[35] See Morkor v. Kuma [1998-99] SCGLR 620 and Jean Hanna Assi v. Attorney General & Others, Civil Appeal No. J4/17/2016, dated 9th November 2016, S.C., Unreported.
[36] See for instance, section 10 (10) of the Land Act. 41 See also section 122 (1) (c) of the Land Act.
[37] Section 68 of the Land Act.
[38] A certificate of purchase issued under Act 773 was deemed a registrable instrument affecting land under section 207 (1) (d) of the Land Act.
[39] In In Re Ashalley Botwe Lands; Adjetey Agbosu v. Kotey [2003-2004] 420 at holding 7; (2003-2004) GLR 685 at holding 8, it was held that a statutory declaration was a self-serving and of no probative value where the facts are challenged. See also: Hydra foam Estates Ltd. v. Kumnipa (2014) 70 G.M.J. 48 at p. 58 and Mrs. Vivian AkuBrown Danquah v. Samuel Lanquaye Odartey; Civil Appeal No. J4/4/2016, dated 29th June, 2016, S.C., Unreported.
[40] See sections 65 (5), 103 (2), 106 (1) and 184 (4). 46 See section 168 (1) of the Land Act.
[41] See section 47 (6) and (7).
[42] Under section 47 (6), a subject of a real estate prohibited from registration by the Lands Commission includes transactions exempted from the application of the Act under section 1 (3) such as licensed auctioneers, banks or insurance companies and employees.
[43] The Board under section 5 (1) of the Act is the governing body of the Real Estate Agency Council created under section 2 of the Act.
[44] See section 25 of the Act.
[45] See section 27. 52 See section 32.
[46] The Appeals Committee is made up of three members of the Board and two licensed real estate practitioners, one of whom shall be a lawyer with not less than five years standing at the bar.
[47] Unless otherwise decided by the High Court. (See section 37 (2).
[48] Section 45 (2) of the Act.
[49] Section 45 (1) of the Act.
[50] Through the enactment of the Laws of Ghana (Revised Edition) Act, 1998 (Act 562).
[51] Section 207 (1) (h) of the Land Act.
[52] Timothy 3;16-17 “All Scripture is given by the inspiration of Godn, and is profitable for doctrine, for reproof, for correction, for instruction in righteousness, so that the man of God may be complete, fully equipped for every good work.”
[53] There are other Acts, Legislative and Executive Instruments on land not discussed in this article. Examples of such Acts are the Forestry Commission Act, 1999 (Act 571) and the Forest Plantation Development Fund Act, 2000 (Act 583). Some of the Legislative Instruments dealing with land are the Timber Resources Management (Amendment) Regulations, 2003 (L.I. 1721) and the Tree Crop Regulations, 2023 (L.I. 2471).
[54] John 21:25 read: “Jesus also did many other things. If they were all written down, I suppose the whole world could not contain the books that would be written.”