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SECTION 1: Contains provisions for the establishment
of a Land Title Registry responsible for lands may, on the advice
of the Title Registration Board, from time to time by legislative
instrument, determine. It is envisage that initial registration
in the form of a pilot scheme will be conducted in the Greater
Accra region and designated agricultural areas. The object of
this procedure is to enable the existing staff to become cedures
and to train additional staff, which may be required in other
registry offices. Provisions are also made for the maintenance
for land registers and other records for the efficient running
of the registry offices.
SECTION 2: Relates to the Official Seal of
the Registry Offices. Instruments purporting to be sealed with
the Registry Seal shall be admissible in evidence in any court
of law.
SECTION 3: Makes provision for the appointment
of a Chief Registrar of Lands, Lands Registrars and Assistants
Land Registrars by the Governments in consultation with the Public
Services Commission. The Land Registrars will be assigned by the
Chief Registrar to various registry offices to be established
under section 1.
SECTION 4: Makes provision for the appointment
of non-professional Staff of the Registry. PART II COMPILATION
OF THE REGISTER General provision.
SECTION 5: Enables the Secretary responsible
for lands to declare any area specified in a legislative instrument
as a Registration District.
SECTION 6: The Chief Registrar is required
under this section, upon the declaration of Registration District,
to direct that the boundaries of all lands within the district
be demarcated or Surveys.
SECTION 7: Empowers the Chief Registrar to
divide each Registration District into Registration Section.
SECTION 8 &9: Relates to the powers of the
Chief Registrar and Land Registrars under this law. There may
be summons require the production of instruments and attendance
of persons. The absence of such powers will render the whole registration
exercise futile.
SECTION 10: Provides that the Chief Registrar
of Lands, upon the declaration of a Registration District, will
issue a notice defining the limits of the Registration District
and requiring any persons who claim any land or interest in any
land situated in the district to make such claim to indicate the
boundaries of his land in such manner as is specified in the notice.
SECTION 12: Provides that no action concerning
any land or interest therein situated in a Registration District
will be commenced in a court until the procedures for the settlement
of disputes under the law are exhausted. The object of this provision
is to discourage expensive litigation over land by compelling
the parties to make use of the Land Title Adjudication Committees
under Sub-Part II of Part II of this Law, which will operate as
domestic tribunals and free from technicalities.
SECTION 13: Contains provisions for the Registration
of Land or interest in land in respect of which instruments have
been registered under the Land Registry Act, 1962 (Act 122). The
scheme of the law is that, within 90 days after the declaration
of a Registration District by the Secretary responsible for Lands,
the Land Registrar, assigned to the Registration District will
prepare a list of all lands situated in that district in respect
of which an instrument has been registered under the Land Registry
Act 1962 (Act 122) and, thereafter serve on any person named as
a proprietor of land or interest in land in the list so prepared,
a notice of his intention to register such person as Proprietor
of the land of interest. Where there are conflicting claims, the
land registrar will refer the matter to the Adjudication Committee
for settlement. If there are no conflicting claims, or in the
event of the right to registration not being contested, or if
contested being upheld by the Adjudication Committee, the land
registrar will after the expiry of the notice of his intention
to register, or as soon as Adjudication Committee has determined
the matter referred to it, record particulars of the land or interests
and the proprietor thereof in the land register.
SECTION 14: Provides for the time and manner
of first registration.
SECTION 15: Provides that where land or and
interest in land being registered is evidenced by and instrument,
such as land or interest should not be land approved by the Director
of Surveys or an Officer of Survey Department authorized by him
is attached to the instrument. However, if the affected land is
described by a plan in a previous instrument file in the Registry,
and it will be sufficient if the land is described by reference
to the plan and instruments already filed in the Registry.
SECTION 16: Makes provision for the form of
the Land Registry.
SECTION 17: Empowers the Land Registry to
cancel obsolete entries in the Land Register.
SECTION 18: Provides for the conclusiveness
of the land register as evidence of title of the proprietor of
any land or interest appearing on the register.
SECTION 19 : One of the defects of the prevailing
methods of land transfer which usually results in wasteful and
unprofitable litigation arises from uncertainties regarding interest
in land, those who hold them and the extent of the areas held.
These uncertainties act as a brake on commercial and agricultural
development of the country. Subsection (1) deals with persons
who may be registered as proprietors and provides for classes
of interests in land, which are regarded as rights of property
that can be subject of initial registration. The classes of interest
which have been identified by the Law Reform Commission are the
"allodial title" Subsection (1)(a), "customary law freehold" Subsection
(1)(c), "lease-hold" Subsection (1)(d), and a "lesser interest"
Subsection (1)(e). The best of these interests is the allodial
title, which is the full title to land beyond which there is no
superior title. It is an interest, which in some traditional areas
in Ghana is acknowledged as being held or vested in its stool
or skin.
In other traditional areas this interests
is acknowledged to b held by sub groups (Stools sub-stools, clans
and families) as well as individuals. As this term signifies,
the community or person in whom the allodial title is vested has
complete and absolute freedom to dispose of it. After the allodial
title the next major interests in land which are capable of registration
under this Law are the customary law freehold and common law freehold.
Customary law freehold is an interest in land by sub-groups and
individuals in land acknowledged to be owned allodially by a larger
community of which they are members. It is held as of right by
members of such a community who acquire it either by first cultivation
or by succession from first cultivator-ancestors, or by allotment
from the owning group of which they are members. Grants of customary
law freehold may be transferred (see s.58) and the transferred
may be registered as proprietor thereof. Land held for an indefinite
period derived from the rules of the common law is known as an
estate of freehold. A person who has a freehold estate in land
owns the right of beneficial occupation of the land, which may
devolve upon his successors as infinitum but will come to an end
on the failure of successors. It is referred to as anesta6teinperpetuitybuy
this does not mean that it cannot come to an end, but it capable
of continuing for an indefinite period of time. Leasehold is a
right granted to any person to occupy specified land for a specified
term.
They are derived not from the customary law
but from the common law. A lease may be granted either by the
holder of the allodial title in respect if land over which he
has not already granted conflicting interests, such as customary
laws freehold, or by a customary free holder, again provided he
has not granted a conflicting interest in the same piece or parcel
of land. Subject to any law to the contrary, a lease may be granted
for any period of time; it may be for a long period, such as 99
years or 50 years, or a short period, such as for 1 year. Where
a leasehold granted, payment for the right to occupy the land
is made by way of an annual rent and covenants are taken from
the grantee controlling the manner in which the land is used and
the exercise by the lessee of his rights as owner of the lease.
Unless there is a covenant under the leasehold grant absolutely
prohibiting or restricting the alienation of the land the lessee
or assign the residue of the lease, although in some cases the
consent of the lessor is required. Various lesser interests in
land can be created by owners of the allodial title or customary
freehold. The two best known are abunu and abusa, which are usually
a share cropping arrangement by which the tenant farms the land
and, at harvest, gives a specified portion of the produce to the
landlord. It has long been recognised that the abunu, abusa and
other share cropping arrangements by which the tenant farms the
land and, at harvest, gives a specified portion of the produce
to the landlord is often unfair and inequitable. Registration
will protect these tenants by giving them reasonable security
to devote time, labour or capital to the improvements or productivity
of their lands and maintain themselves and their dependants. Subsections
(2) to (5) of section 19 summarises the cases in which the Land
Registrar is required to register the State as proprietor and
other classes of interest. And interest which according to its
terms will expire without notice of termination within less than
two years cannot be registered. However, concessions can be granted
under the Concessions Ordinance (Cap. 136) or the Concessions
Act, 1962 (Act 126), is to be registered under this Law.
SECTIONS 20 & 21: Section 20 empowers the
Land Registrar to reject an application for first registration
of any land or an interest in land on certain specified ground.
For example, he may rejected an application based on an instrument
or it the instrument contains interlineations, blank, erasure
or alteration not verified by the signature or initials of the
person executing the instrument. There is however an obligation
on the Land Registrar under Section 21 to notify each applicant
of his ground for rejecting an application and either to give
the applicant an opportunity to make further representations or
refer the matter to the Adjudication Committee. Sub-part II Adjudication
of Title.
SECTION 22: makes provision for the establishment
of a Land Title Adjudication Committee in each registration district.
The Committee will adjudicate on disputes relating to title subject
to appeal to the High Court.
SECTION 33: Empower the Land Registrar to
undertake the initial examination of all applications lodged for
first registration and to refer conflicting claims to the Adjudication
Committee for adjudication. It also enable the Land Registrar
to complete the registration in the event of the right to registration
not being challenged, by placing the land on the register with
the person entitled thereto named as its proprietor.
SECTION 24 & 25: Provides that where then
survey or demarcation of land within a registration district is
to be undertaken, the authorised surveyor will have to give due
notice to persons whose interest are to be affected by the exercise
of the commencement of the exercise.
SECTION 26: Inaccurate survey resulting in
badly drawn plans being attached to instruments registered under
the Land Registry Act, 1962 (Act 122) is one of the serious defects
in the current deed registration system. This section thus remedies
this defect by placing an obligation on the surveyor to ensure
the at within each registration district the boundaries of each
parcel of land which is a subject of claim are properly demarcated
and also that they are prepared in respect of each registration
district a demarcation map showing every separate piece of land.
SECTION 27: Makes provision for the rules
which the Adjudication Committee must observe when hearing and
determining any dispute or claim referred to it under section
22 to prepare and adjudication record in a prescribed form.
SECTION 29 & 30: After the completion of the
adjudication record the Committee will publish a notice in the
Gazette inviting any person whose interests is affected by the
record or the demarcation map including in the record to inspect
it and within thirty days after the notice to lodge his objection
to the record with the Adjudication Committee which shall hear
these objections and determine the matter in such manner as it
thinks fit.
SECTION 31: Provides that in hearing the objection
the Adjudication Committee shall so far as may be practicable
follow the procedure set out under this Law and its proceedings
and deemed to be judicial proceedings.
SECTION 32 & 33: Section 32 provides that
before an adjudication record becomes final, the Adjudication
Committee may cause to be corrected any clerical error or omission
in the record that does not materially affect the interest of
any person. Any person aggrieved by an order or decision of the
Committee before the adjudication record becomes final has right
of appeal to the High Court. When the adjudication record becomes
final the Chairman of the Committee is requires under section
33 to sign a certificate to that Land Registrar the relevant demarcation
map together with all documents received by the Committee in the
process of adjudication.
The Land Registrar will then enter in the
land register and other records in the Registry the content of
the adjudication record.
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