Land Policies and Registration in Ghana
Property Rights
A property right is the exclusive authority to determine how a resource is used, whether that resource is owned by government or by individuals. Thus:
- Property could be government owned or private/individual owned
- Rights could be seen in terms of governmental and private/individual rights
Three key elements of private property rights
- Exclusivity of rights to choose the use of a resource (land, buildings, tractors etc.)
- Exclusivity of rights to the services of a resource
- Rights to exchange the resource at mutually agreeable terms
Land Policies in Ghana
- 1992 Constitution
- Intestate Succession Law, 1985 PNDCL 111)
- Customary Marriage and Divorce (Registration) Law, 1985 (PNDCL 112)
- Administration of Estates (Amendment) Law, 1985 (PNDCL 113)
- Land Title Registration law, 1985 (PNDCL 152)
- Head of Family (Accountability) Law, 1983 (PNDCL 114)
- Intestate Succession (Amendment) Law, 1991 (PNDCL 264)
- Ghana Poverty Reduction Strategy (GPRS I&II)
Republican Constitution of Ghana
According to Article 22
- A spouse shall not be deprived of a reasonable provision out of the estate whether or not the spouse died having made a will
- Spouses shall have equal access to property jointly acquired during marriage
- Assets which are jointly acquired during marriage shall be distributed equitable between the spouses upon dissolution of marriage
Head of Family Accountability Law, 1985 (PNDC Law 114)
- Protects the interest of family members in family property
- Heads of family who have custody of family property are obliged to account for all financial dealings
- Family members (including women) can file a claim in the High Court against a head of family who mismanages property
- The High Court has the power to compel the head of family to render account
- Before any claimant can file a petition at the high Court, redress should be sought at the family level
Land Title Registration Law, 1986(PNDC Law 156)
- Provides certainty to land titles, and to render dealings in land safe, simple, cheap and devoid of fraud.
- The law seeks to discourage expensive litigation over land.
- It encourages the use of procedures of settlement including the Land Title Adjudication committees.
- Provide tenure security to various types of landholders.
Ghana Poverty Reduction Strategy (GPRS I&II)
- Ghana Poverty Reduction Strategy Paper I (GPRS I, 2003-2005) identifies insecurity of tenure as endemic
- Recognises that any land reform should be accompanied by close monitoring to detect adverse effects on the poor and women
- To address the challenges identified by GPRD I, GPRS II (2006-2009) proposed to ensure women's access to and control over land.
- GPRS II reviewed the Land Administration Project (LAP) in order to recognise the importance of property rights to small farmers who are mostly women.
National Land Policy
- Addresses the problems associated with land ownership, tenures and development
- Aims to reduce and eliminate long-drawn-out land boundary disputes, conflicts and lawsuits
- Recognises the registration and classification of land titles of various types of landholders
There are four Categories of land ownership provided for under the 1992 Constitution of the Republic of Ghana
Public/State Lands: These includes all lands that belong to the state and all other levels of government-local, urban, municipal and city councils, departments and state co-operations.
Stool or Skin Lands: Community lands vested in the traditional chief or other community leaders on behalf of the tribe or ethnic group. It includes all lands which are at the disposal of any local community and constitutes about 80 percent of all land holdings in Ghana.
Clan or Family Lands: Owned and controlled by families, where in this case a family includes groups of persons all related exclusively through either patrilineal or matrilineal lineages
Private Lands: Lands that individuals have purchased or otherwise acquired or inherited and are at their personal disposition
What is Land Registration
It is the recording of rights and interests in land as evidenced by instruments (formal document)> Instruments or deeds that could be registered include leases, sub-leases , conveyances, assignements, mortgages and gifts.
In a typical registration activity involving the sale of land (conveyance), the following vital details need to be recorded:
- names of parties to the transaction
- contact addresses of the parties
- nature of the transaction
- consideration (price)
- size of land
- date of transaction
A copy of the registered document would also be kept at the office of the Deeds Registry of the Lands Commission.
Benefits of Land Registration
- Ensures certainty of ownership of land
- Establishes rights and interests in land
- Promotes security of tenure by protecting people's rights and interests
- Minimises land litigation
- Ensures ease of access to credit facilities
- Facilitates land transfers
- Promotes the development of land markets
- Renders documents admissible in court
- Promotes investment in land
- Ensures better land use for planning and development
- Assists in poverty reduction and economic growth
- Enhances good governance in land administration
Land registration procedure
- Applicant negotiates with the Chief or Family Head concerned for the land
- Four copies of the document developed between the chief and the applicant must be submitted to Lands Commission
- A lawyer must sign the back of each copy and put his stamp on it
- Each copy of the document must have a site plan attached
- The back of the site plans are to be endorsed by both the Chief and the Applicant or buyer
- Each site plan is to be certified with stamps of a licensed Surveyor and the Regional \Surveyor and must have a date
- At least two Principal Elders of the Stool (with stated status) must sign as witnesses
- The witnesses of the applicant/buyer must write the full name, provide addresses and signatures
- Documents must be submitted at the Lands Commission
- Processing and Registration fees are paid
- Chairman of the Land Commission grants concurrence (agreement)
- Document released for stamping at the Land Valuation Board (this is done for payment of stamp duty)
- Applicant obtains Tax Clearance Certificate at Internal Revenue Service
- Document is registered at Deeds Registry at the Lands Commission
- Original copy of the document released to applicant
Things to Note when Dealing with Land
- Stool Lands: Deal with the Stool occupants and Principal Elders
- Family Lands: Deal with the Family Heads and Principal Members of the Family
- Individual Lands: Deal with the actual owner
- Always conduct a search at the Lands commission to ascertain the ownership and type of land before effecting payment
- Always obtain a receipt for all payments made at the Lands Commission
- Always deal directly with officials of the Lands commission to avoid being defrauded
Contact
WiLDAF Ghana
Accra Phone: 233 302 768349
Volta Region Office: 233 3620 26076
Western Region Office: 233 3120 21552
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Other Legal Organization Service Providers:
FIDA Ghana (International Federation for Women Lawyers)233 302 229283
Women's Help Organizations
Ark Foundation 233 302 511610
Ark Foundation Crisis Response Line 233 243 777773
WISE (Women's Initiative for Self Empowerment) 233 302 781003
DOVVSU (Domestic Violence Support Unit) 233 302 687744, 233 302 662438
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