Land Act, 2020 (Act 1036)
This section lists the interests in land.
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About this statute
This section lists the interests in land. Allodial title is the highest interest in land and may be held by the State, a stool or skin, a clan or family, or an individual. Customary law freehold is defined as a customary-law land interest, and non-citizens are proscribed from acquiring it in respect of stool and skin lands. A common law freehold is a land interest arising from a common-law transaction, lasting indefinitely or for an uncertain time, subject to state and customary land interests, free of obligations to others, and inheritable and transferable. Usufruct is a land interest that can be acquired in specified ways, can be inherited and transferred, and some transfers need written consent and customary obligations.
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Provisions of Land Act, 2020 (Act 1036)
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Interests in land
This section lists the interests in land.
Section 1—Interests in land The following are the interests in land: (a) allodial title; (b) common law freehold; (c) customary law freehold; (d) usufructuary interest; (e) leasehold interest; and (f) customary tenancy. - 2 Verify source ↗
Allodial title
Allodial title is the highest interest in land and may be held by the State, a stool or skin, a clan or family, or an individual.
Section 2—Allodial tide Allodial title is (a) the highest or ultimate interest in land; and (b) held by the State or, a stool or skin, or clan or family or an individual; 15 and may have been acquired through compulsory acquisition, conquest, pioneer discovery and settlement, gift, purchase or agreement. - 3 Verify source ↗
Customary law freehold
Customary law freehold is defined as a customary-law land interest, and non-citizens are proscribed from acquiring it in respect of stool and skin lands.
Section 3—Customary law freehold (1) Customary law freehold is an interest which arises from a transaction under customary law, and it is (a) an absolute interest in land which is not subject to any proprietary obligations but is subject to the jurisdictional and cultural rights of the stool or skin, or clan or family which holds the allodial title; (b) acquired when a person or group of persons, where the law permits, purchase land outright from the stool or skin, or clan or family which holds the allodial title or acquired by gift or inheritance; and (c) of perpetual duration and is inheritable and alienable without the consent of or payment to the stool or skin, or clan or family. (2) The acquisition of customary law freehold interest by a non-citizen in respect of stool and skin lands has, since the 22nd day of August, 1969, been proscribed - 4 Verify source ↗
Common law freehold
A common law freehold is a land interest arising from a common-law transaction, lasting indefinitely or for an uncertain time, subject to state and customary land interests, free of obligations to others, and inheritable and transferable.
Section 4—Common law freehold (1) A common law freehold arises from a transaction to which the rules of law, generally known as common law, are applicable and is (a) of perpetual duration or for any other uncertain duration; (b) subject to the interest of the State, the jurisdictional and cultural rights of the stool or skin, or clan or family which holds the allodial title; (c) is held free from obligations to any other person; and (d) inheritable and alienable. (2) The acquisition of common law freehold interest in respect of stool and skin lands has, since the 22nd day of August, 1969, been proscribed. - 5 Verify source ↗
Usufructuary interest
Usufruct is a land interest that can be acquired in specified ways, can be inherited and transferred, and some transfers need written consent and customary obligations.
Section 5—Usufructuary interest (1) Usufruct is an interest in land, which is (a) acquired in the exercise of an inherent right by a subject or a member of a stool or skin, or family or clan which holds the allodial tide through the development of an unappropriated portion of the land of the stool or skin, or family or clan or by virtue of an express grant; or (b) acquired through settlement for a period of not less than fifty years, with the permission of the holder of an allodial title by a non-indigene or group of non-indigenes or the descendants of the non-indigene or group of non-indigenes, except where the settlement is on agreed terms; and (e) inheritable and alienable. (2) Where alienation of the usufruct is to a person who 16 (a) is not a member of the stool or skin, or clan or family which holds the allodial tide, or (b) is not a non-indigene or from the group of non-indigenes who hold the usufructuary interest as provided in paragraph (b) of subsection (1) in the land in respect of which the usufruct is to be alienated, the alienation is subject to the written consent of the stool or skin, or clan or family or group and the performance of established customary obligations. - 6 Verify source ↗
Leasehold interest
A lease is an interest in land for a certain or ascertainable duration.
Section 6—Leasehold interest A lease (a) is an interest in land for a duration which is certain or capable of being ascertained; (b) arises when a person who holds an allodial title, customary law freehold, common law freehold or usufructuary interest conveys to another person an interest in land for a specified term subject to terms and conditions; (c) may, in the case of a sublease or an assignment, arise when the holder of a leasehold interest grants a sublease out of that interest or assigns that interest; and (d) does not exhaust the interest of the grantor in the land. - 7 Verify source ↗
Customary tenancy
This section defines a customary tenancy as an interest in land created by contract.
Section 7—Customary tenancy A customary tenancy (a) is an interest in land which is created by contract; (b) arises where a stool or skin, or clan or family which holds the allodial title or a person who holds a customary law freehold or usufructuary interest enters into an agreement with another person to grant that other person an interest in land upon agreed terms and conditions; and (c) may involve the payment of rent, the sharing of the produce of a farm or the physical partition or severance of the farm or land. - 8 Verify source ↗
Incidents of interests in land
For interests in land, the applicable source of law determines the rights and obligations attached to the interest, subject to sections 2 to 7.
Section 8—Incidents of interest in land Subject to sections 2, 3, 4, 5, 6 and 7, the bundle of rights and obligations that attach to any form of interest in land shall be determined by the applicable source of law which is the basis of that interest. - 9 Verify source ↗
Stool or skin, or clan or family land
Stool, skin, clan, or family land vests in the appropriate stool, skin, clan, or family in trust for the relevant people, and freehold interests in that land may not be created by a person. The section preserves the inherent usufructuary interest of subjects or family members in vacant portions of the land.
Section 9—Stool or skin, or clan or family land (1) A stool or skin, or clan or family land shall vest in the appropriate stool or skin, or clan or family on behalf of, and in trust for, the subjects of the stool or skin, or members of a clan or family in accordance with customary law and usage. (2) A person shall not create an interest in, or right over, any stool or skin, or clan or family land which vests in that person, another person or a body of persons a freehold interest in that land, howsoever described. (3) Subsection (2) does not take away the inherent right of a subject of a stool or a skin, or a member of a clan or family to the usufructuary interest in a vacant portion of the stool or skin, or clan or family land. 17 - 10 Verify source ↗
Restrictions on acquisition of land by non-citizen
This section limits non-citizens’ ability to acquire interests in land in Ghana and makes contrary transfer documents void.
Section 10—Restrictions on acquisition of land by non-citizen (1) A person shall not create an interest in, or right over, land in Ghana which vests in another person who is not a citizen of Ghana, a freehold interest howsoever described. (2) An agreement, deed or conveyance of whatever nature, which seeks, contrary to subsection (1), to confer on a person who is not a citizen of Ghana a freehold interest in, or right over, land is void. (3) A freehold interest in or right over any land in Ghana, held on the 22nd day of August, 1969by a person who is not a citizen of Ghana is deemed to be a leasehold interest for a period of fifty years. (4) The leasehold interest under subsection (3) shall be at a peppercorn rent and commence from the 22nd day of August, 1969. (5) The freehold reversionary interest in any land converted into leasehold under subsection (3) shall vest m the President on behalf of, and in trust for, the people of Ghana. (6) A person shall not create interest in, or right over, land in Ghana which vests in any person who is not a citizen of Ghana a leasehold for a term that exceeds fifty years at any one time. (7) A leasehold interest of more than fifty years held on the 22nd day of August, 1969 by a person who is not a citizen of Ghana is deemed to be an interest or right subsisting for a period of fifty years commencing from the twenty-second day of August, 1969. (8) The reversionary interest in leasehold under subsection (7) shall vest in the lessor. (9) The restrictions imposed in subsections (1), (2), (3) and (7) on the interest that a person who is not a citizen of Ghana may acquire in land shall not be affected by the marriage of that person to a citizen of Ghana or by the entry of that person into a partnership with a citizen of Ghana. (10) For the purpose of this section, a company or corporate body is not a citizen if more than forty percent of the equity shareholding or ownership is held by non-citizens. - 11 Verify source ↗
Prohibition of discriminatory practice
Decisions or practices about land held under customary tenure must follow the community’s customs, traditions, and practices, but any discriminatory decision or practice is void.
Section 11—Prohibition of discriminatory practice A decision or practice in respect of land under customary tenure, whether the land is individually or communally held shall be in accordance with the customs, traditions and practices of the community concerned but a decision or practice which discriminates on grounds of (a) place of origin, ethnic origin, political opinions, colour, gender, occupation, religion or creed (b) disability, or (c) social or economic status is void. - 12 Verify source ↗
Protection of land and interest in land PART TWO—LAND ADMINISTRATION AND LAND MANAGEMENT Chapter One—Customary Land Management
The section makes it an offence to unlawfully control land development, extort benefits, block development, or use force or intimidation over land, and it lets people with an interest in land ask a court for restraining or injunction orders.
Section 12—Protection of land and interest in land (1) A person who 18 (a) unlawfully exercises or purports to exercise supervision or control of land development in a location, (b) as no interest in land and (i) extorts money or other benefits from a person who has an interest in land, or (ii) prevents a developer from developing the land; or (c) personally or through another person unlawfully uses force or violence to prevent a person who has an interest in land from having access to the land or drives away that person with an interest in land from the land commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years, or to both. (2) A person who uses or through another person uses force, violence or intimidation to prevent or obstruct a lawful owner of land from developing the land commits an offence and is liable on summary conviction to a term of imprisonment of not less than ten years and not more than fifteen years. (3) A person with interest in land may apply to a court for a restraining order against a person who unlawfully exercises or purports to exercise supervision or control of the land. (4) A person with interest in the land may make an application to court for an interlocutory injunction against a trespasser on the land even though the name of the trespasser is unknown. PART TWO—LAND ADMINISTRATION AND LAND MANAGEMENT Chapter One—Customary Land Management - 13 Verify source ↗
Management of stool or skin, or family land
People managing stool, skin, clan, family, or group land must do so for the benefit of the concerned group, act transparently and fairly, and fiduciaries who breach these duties commit an offence.
Section 13—Management of stool or skin, or family land (1) Pursuant to clause (8) of article 36 of the Constitution, stool or skin, or family land shall be managed in accordance with this Part. (2) 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 a fiduciary charged with the obligation to discharge the management function for the benefit of the stool or skin, or clan or family concerned and is accountable as a fiduciary. (3) A chief tendana, clan head, family head or any other authority in charge of the management of stool or skin, or family or group land shall be transparent, open, fair and impartial making decisions affecting the specified land. (4) A fiduciary under this section who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine of not less than five thousand penalty units and not more than ten thousand penalty units or a term of imprisonment of not less than five years and not more than ten years or to both. (5) The provisions of the Head of Family (Accountability) Act, 1985 (P.N.D.C.L. 114) apply to this Act with the necessary modifications. (6) Despite subsection (5), a person shall not bring an action under section 2 of the Head of Family Accountability Act, 1985 (P.N.D.C.L. 114) against the occupant of a stool or skin, or against a tendana, unless that person 19 (a) has first exhausted the established customary procedure for making the occupant of the stool or the skin or the tendana to render account or maintain records of the stool, skin or clan lands, where a procedure exists; (b) is qualified under the relevant customary law to bring an action against the occupant; or (c) is a subject of the stool or skin or a member of a clan of which the chief or tendana or clan head is the administrator of the stool or skin land and has been granted leave by a court upon proof that the person qualified to institute an action failed to take action within thirty days after being informed of the need to take action. - 14 Verify source ↗
Customary Land Secretariat
Land-owning stools, skins, clans, or families must establish a Customary Land Secretariat. The Secretariat must send quarterly transaction records to the Lands Commission and the Office of the Administrator of Stool Lands, while those bodies must help establish the Secretariat and keep a register of them.
Section 14—Customary Land Secretariat (1) A stool or skin, or clan or family that owns land shall in accordance with this Act, establish a Customary Land Secretariat as prescribed by Regulations made under this Act for the management of its land. (2) The Lands Commission and the Office of the Administrator of Stool Lands shall collaborate in the establishment and performance of functions m relation to a Customary Land Secretariat under this Act. (3) The Lands Commission and the Office of the Administrator of Stool Lands shall provide technical and advisory services in the establishment of a Customary Land Secretariat. (4) A Customary Land Secretariat shall, at the end of every three months, submit to the Lands Commission and the Office of the Administrator of Stool Lands records of each transaction recorded by the Customary Land Secretariat. (5) The records required under subsection (4) shall be in the form prescribed in Regulations made under this Act. (6) The Lands Commission and the Office of the Administrator of Stool Lands shall maintain a register of Customary Land Secretariats. - 15 Verify source ↗
Functions of the Customary Land Secretariat
The Customary Land Secretariat must carry out specified land-record, information, dispute-resolution, education, revenue, and search functions; district Lands Officers and Stool Lands Officers must also perform required functions and maintain the district register.
Section 15—Functions of the Customary Land Secretariat (1) A Customary Land Secretariat shall, in relation to customary interests, rights and transactions, perform the following functions: (a) record the interests and rights in land, and keep and maintain accurate and up-to-date records of land transactions in the area of operation of the Customary Land Secretariat; (b) provide a list of existing customary interests and rights in land in the area of operation of the Customary Land Secretariat including indication of persons with the capacity to make grants of the interests and rights in that area; (c) provide relevant (i) records on land, (ii) information on hierarchy of interests and rights in land, and (ii) laid down processes for effective dispute resolution; (d) facilitate the settlement of land disputes through alternative dispute resolution; 20 (e) facilitate the participatory preparation of local plans; (f) undertake community education, sensitisation and awareness creation on land issues; (g) prepare periodic accounts of all revenue received at the Customary Land Secretariats in accordance with clause (8) of article 36 of the Constitution; (h) provide facilities for search to be conducted on the records on land; and (i) perform any other functions in relation to land as determined by the land owning group. (2) The records maintained under subsection (1) are evidence of transactions in relation to land in the area of operation of the Customary Land Secretariat and, where applicable, serve as notice of a transaction. (3) A Lands Officer and a Stool Lands Officer responsible for a district shall within the district perform the functions required by this Act and Regulations made under this Act. (4) A Lands Officer and a Stool Lands Officer responsible for a district shall (a) maintain a public register of Customary Land Secretariats in the district as specified in the First Schedule; and (b) ensure that the Customary Land Secretariats within the district comply with their mandates. - 16 Verify source ↗
Structure and staffing of Customary Land Secretariat
The body setting up a Customary Land Secretariat must choose and appoint staff based on merit, good HR practice, and gender considerations, and the Secretariat must have an administrator and any other staff it needs.
Section 16—Structure and staffing of Customary Land Secretariat (1) A stool or skin, or family that establishes a Customary Land Secretariat shall determine and appoint the required staff on merit and in accordance with best human resource management practice and gender considerations. (2) A Customary Land Secretariat shall have an administrator and other staff necessary for effective and efficient management of the Secretariat. - 17 Verify source ↗
Powers of the Customary Land Secretariat
The Customary Land Secretariat may charge and collect fees for its public services and may make agreements with other persons to do specific tasks for a fee.
Section 17—Powers of the Customary Land Secretariat The Customary Land Secretariat may (a) charge and collect fees for the services that the secretariat renders to the public; and (b) enter into agreement with other persons to perform specific tasks for a fee. - 18 Verify source ↗
Funds of Customary Land Secretariat
The section lists the funding sources for a Customary Land Secretariat and says some proportions must be set by the Lands Commission and the Office of the Administrator of Stool Lands with agreement from the affected local groups and District Assembly.
Section 18—Funds of Customary Land Secretariat (1) The sources of funds of a Customary Land Secretariat are (a) in respect of stool or skin land, a proportion of the land revenue paid to the land owning stool or skin and the traditional authority by the Office of the Administrator of Stool Lands; (b) in respect of clan or family land, a proportion of the revenue paid to the clan or family by the Lands Commission; (c) a proportion of the revenue paid to the District Assembly by the Office of the Administrator of Stool Lands; (d) fees for services rendered by the Customary Land Secretariats; 21 (e) a Proportion of moneys received from compulsory acquisition of stool, clan or family land; and (f) other funds provided by the land owning group. (2) A proportion under paragraphs (a), (b), and (e) of subsection (1) shall be determined by the Lands Commission and the Office of the Administrator of Stool Lands in agreement with the affected stool or skin, or clan or family and District Assembly. - 19 Verify source ↗
Areas reserved for common use
Communities may set aside land for common use, but common land must be managed under customary law, a management plan, and local planning arrangements.
Section 19—Areas reserved for common use (1) A community may set aside or recognise one or more areas of land within the community for common use by the members of that community. (2) The boundaries of any area of land which has been recognised or set aside for common use shall be marked out in the manner determined by the community, including any manner that is customary among the persons who will use that land, to enable those persons to recognise and keep to those boundaries. (3) An area of land recognised or set aside for common use shall be (a) used and managed in accordance with customary law and usage; and (b) consistent with the terms of a management plan and the overall local planning arrangement. (4) The community shall prepare a management plan which may extend to cover the use and management of more than one area of common land. (5) The community may set up a committee comprising persons with the relevant skills to prepare the plan in pursuance of subsection (4). (6) A person who is not a member of the community may, with the agreement of the community, use common land in accordance with the terms of the customary law and usage and the management plan applicable to that land. (7) The basic rights and duties of the members of a community in respect of a common land include (a) the right to make reasonable use of common land, jointly with all other members of the community, in accordance with customary law and usage and the terms of the plan; (b) the right to use the resources of the common land m accordance with the management plan and customary law and usage; (c) the right to exclude non-members of the community from the common land, other than those non-members who are permitted to enter and use the common land; (d) the duty to comply with and assist in the enforcement of the rules set out in the plan and laws relating to environmental protection; (e) the duty to bear a reasonable and proportionate share of any expenses or losses arising from the management of the common land or from any natural disaster affecting the common land; 22 (f) the duty not to transfer any rights of occupation or use of the resources of the common land to any person for a fee; (g) the duty to comply with decisions of the community or any dispute settlement body established by the community or other applicable laws to settle disputes arising from the management of the common land; and (h) other basic rights and duties that may be prescribed by the community or other applicable law. (8) The community may prescribe sanctions for breach of the duties in subsection (7). (9) The community may make proposals regarding the sanctions under subsection (8) to the appropriate District Assembly for passage into bye-laws. (10) The community shall collaborate with the appropriate District Assembly in (a) the establishment of common land, and (b) making rules for the use and management of common land. (11) For purposes of this section, "land" includes water bodies. - 20 Verify source ↗
Disposal of stool or skin land
Disposals of stool or skin land for value are subject to article 267 of the Constitution.
Section 20—Disposal of stool or skin land A disposal of land for valuable consideration by (a) a stool or skin, or (b) a person who is in possession of stool or skin land by reason of being entitled to the free use of the stool or skin land under customary law, is subject to article 267 of the Constitution. - 21 Verify source ↗
Restrictions regarding disposal of natural resources
An instrument disposing of certain land does not give rights, title, or interests in the natural resources on or under that land.
Section 21—Restrictions regarding disposal of natural resources An instrument that disposes of stool or skin, or clan or family land, or land owned by a group of persons, a corporate body or an individual does not have the effect of granting a right or title to or an interest in natural resources in, under or on the land. - 22 Verify source ↗
Restrictions on exploitation of natural resources and farming rights Chapter Two—Demarcation, Survey and Valuation of Land
Grants of farming, mining, timber, and crop/animal-husbandry rights over stool, clan, or family land are capped at specified terms or area limits, unless the President directs otherwise in special cases.
Section 22—Restrictions on exploitation of natural resources and farming rights (1) Despite any provision to the contrary in any other enactment, a grant of farming rights in a stool, clan or family land shall not exceed (a) in the case of poultry farming or the cultivation of cereals, a term of twenty-five years; (b) in the case of ranching or the cultivation of tree crops, a term of fifty years; or (c) in the case of timber, a term of fifty years. (2) A grant or the aggregate of grants of stool, clan or family land to any person shall not exceed in respect of (a) mining rights, 15.80 square kilometres for a grant or in aggregate 155.40 square kilometres; (b) timber rights, 103.40 square kilometres, for a grant or in aggregate 621.60 square kilometres; or 23 (c) the right to cultivate annual or perennial crops or to engage in animal husbandry (i) 2.59 square kilometres for a grant or in aggregate 7.77 square kilometres for an individual; or (ii) 12.95 square kilometres for a grant or in aggregate 25.90 square kilometres for a body corporate or an unincorporated body of persons. (3) The President may, in the case of a particular land, where the President is satisfied that a special circumstance exists that renders compliance with the limits prescribed by this section prejudicial to the national interest or to the interest of a stool or skin, or clan or family direct that the grant of the land or any other interest in the land shall exceed the areas specified in subsection (2) and the land or an interest in the land shall be granted although the limits are exceeded. Chapter Two—Demarcation, Survey And Valuation of Land - 23 Verify source ↗
Power to direct demarcation or survey 2
The Lands Commission may direct that land boundaries be demarcated, a land survey be carried out, or both, subject to the Constitution and any other relevant enactment.
Section 23—Power to direct demarcation or survey The Lands Commission may, subject to clause (2) of article 18 of the Constitution and any other relevant enactment, direct (a) the boundaries of land be demarcated; (b) a land survey be carried out of any land; or (c) the boundaries of a land be demarcated and a survey carried out of the land - 24 Verify source ↗
Power of entry and demarcation or survey
The Lands Commission may authorize a surveyor to enter land for demarcation or survey work, and the authorised person must show authority, carry identification, and follow extra consent or notice rules for buildings and enclosed yards/gardens.
Section 24—Power of entry and demarcation or survey (1) The Lands Commission may, in writing, authorize any official surveyor or licensed surveyor, to enter upon any land to carry out demarcation or survey work specified in the authorisation. (2) A person authorised under subsection (1) shall, on demand by the occupier of land upon which that person enters, produce to that occupier a copy of the authority. (3) A person authorised under subsection (1) shall not enter into a building or upon an enclosed court or garden attached to a building unless that person (a) has first sought and obtained the consent of the occupier of the building, enclosed court or garden; or (b) failing the consent, has given the occupier fourteen days' notice in writing of the intention to enter. (4) A person authorised under subsection (1) shall carry and display an approved form of identification. (5) For the purposes of this section, "surveyor" means an official land surveyor or a licensed land surveyor authorised by the Lands Commission and includes the relevant workers who assist the surveyors to perform any function under this Act. - 25 Verify source ↗
Compensation for damage caused
If land damage compensation is claimed, the Lands Commission must have the damage assessed, pay compensation based on that assessment, and respond to review applications within 30 days.
Section 25—Compensation for damage caused 24 (1) Where compensation is claimed as a result of damage to land, in pursuance of the direction of the Lands Commission the Land Valuation Division of the Commission shall assess the value of damage caused. (2) The Lands Commission shall pay to the claimant compensation commensurate with the assessed value of the damage. (3) A person who is dissatisfied with the assessment of compensation by the Land Valuation Division of the Lands Commission may apply to the Commission for a review of the assessment. (4) The Lands Commission shall respond to an application for review under this section within thirty days and where the person is dissatisfied after the review, that person may refer the matter for resolution under the Alternative Dispute Resolution Act, 2010 (Act 798). (5) Subsection (3) does not take away the right of a person who is dissatisfied with a decision of the Lands Commission to resort to the High Court. - 26 Verify source ↗
Erection of boundary marks
An authorised official or licensed surveyor must mark land boundaries when they have not already been correctly marked.
Section 26—Erection of boundary marks An official surveyor or licensed surveyor authorised by the Lands Commission shall, where the boundaries of a land under survey have not already been correctly marked in the prescribed manner, mark out the boundaries of the land in the manner prescribed by Regulations. - 27 Verify source ↗
Penalty for destroying boundary marks
It is an offence to wilfully or unlawfully destroy, move, or alter a boundary or survey mark, unless written authorisation is given by the Lands Commission.
Section 27—Penalty for destroying boundary marks (1) A person who wilfully or unlawfully destroys, moves, or alters a boundary or survey mark, commits an offence and is liable on summary conviction to a fine of not less than one thousand penalty units and not more than ten thousand penalty units or to imprisonment for a term of not less than one year and not more than ten years or to both. (2) Despite subsection (1), a person may destroy, move or alter a boundary or survey mark if that person has been authorised in writing by the Lands Commission for that purpose. - 28 Verify source ↗
Penalty for obstructing survey Valuation of Land
A person who wilfully obstructs or resists a surveyor or someone working under the surveyor’s direction commits an offence and may be fined, imprisoned, or both.
Section 28—Penalty for obstructing survey A person who wilfully obstructs or resists (a) an official surveyor or a licensed surveyor in the execution of the duty under this chapter; or (b) a workman or other person acting under the direction of that surveyor, commits an offence and is liable on summary conviction to a fine of not less than one thousand penalty units and not more than ten thousand penalty units or a term of imprisonment of not less than one year and not more than ten years or to both. Valuation of Land - 29 Verify source ↗
Power to conduct valuation
The Lands Commission may cause any land to be valued when performing its functions under this Act or any other enactment.
Section 29—Power to conduct valuation The Lands Commission may, in the performance of the functions of the Commission under this Act and any other enactment, cause any land to be valued. - 30 Verify source ↗
Valuation certification
Valuations under section 29 must be certified by the Commission, and valuations certified by the Lands Commission are presumed correct unless proved otherwise.
Section 30—Valuation Certification 25 (1) A valuation conducted under section 29 shall be certified by the Commission. (2) A valuation certified by the Lands Commission shall be presumed to be correct until proved otherwise. - 31 Verify source ↗
Forms of valuation and purposes Chapter Three—Transfer of Interests and Rights in Land
This section classifies types of valuation and says what rental valuation and rating valuation are for; it also lets the Minister make regulations on the listed matters.
Section 31—Forms of valuation and purposes (1) For the purpose of this Act, (a) forms of valuation include (i) capital valuation; (ii) rental valuation; and (iii) rating valuation; and (b) capital valuation include (i) valuation of estate of a deceased person; (ii) valuation ordered by a court of competent jurisdiction; (iii) valuation for compensation under compulsory acquisition; and (iv) valuation for stamp duty assessment. (2) The purpose of rental valuation is to determine the fair annual, monthly or other periodic payments for the use of the property. (3) The purpose of rating valuation is to determine the rateable value of landed property for the assessment of property rate in accordance with the Local Governance Act, 2016 (Act 936). (4) The Minister may, in consultation with the Lands Commission, by legislative instrument, make Regulations to provide for the matters specified in subsection (1). Chapter Three—Transfer of Interests and Rights in Land - 32 Verify source ↗
General provisions on transfers
A person who holds an interest or right in land may transfer it to anyone by instrument, with or without consideration.
Section 32—General provisions on transfers A holder of an interest or right in land may, by an instrument, transfer that interest or right to any person with or without consideration. - 33 Verify source ↗
Person qualified to prepare conveyance
Only a legal practitioner may prepare a conveyance.
Section 33—Person qualified to prepare conveyance A conveyance shall only be prepared by a legal practitioner in terms of the Legal Profession Act, 1960 (Act 32). - 34 Verify source ↗
Contract for transfer
A land-transfer contract is not enforceable unless it is in writing and signed by the relevant person or someone authorised to sign for that person, or it is exempt under section 36.
Section 34—Contract for transfer A contract for the transfer of an interest in land is not enforceable if the contract is not (a) evidenced in writing, and (b) signed by (i) the person against whom the contract is to be proved; or 26 (ii) a person who is authorised to sign on behalf of that person; or (c) exempt under section 36. - 35 Verify source ↗
Mode of transfer
A land-interest transfer covered by this section must be in writing and signed by both sides, or by their duly authorized written agents.
Section 35—Mode of transfer (1) A transfer of an interest in land other than a transfer specified in section 36, shall be in writing and signed by (a) the person making the transfer or by the agent of that person duly authorised in writing; and (b) the person to whom the transfer is made or the agent of that person duly authorised in writing. (2) A transfer of an interest in land made in a manner other than that provided in this section does not confer an interest on the person to whom the transfer is made. - 36 Verify source ↗
Transactions exempt from sections 34 and 35
Sections 34 and 35 do not apply to certain land transfers and transfer contracts, including transfers by law, equity-related trusts, court order, will, intestacy, prescription, short leases, some licences or profits, and oral grants under customary law.
Section 36—Transactions exempt from sections 34 and 35 (1) Sections 34 and 35 do not apply to a 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 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 by an enactment to be in writing; or (h) by oral grant under customary law. (2) Sections 34 and 35 are subject to the rules of equity including the rules relating to unconscionability, fraud, duress and part Performance - 37 Verify source ↗
Record of customary transfer
Customary oral land grants may be recorded, and the record must be signed, certified, copied, delivered, and kept by the Customary Land Secretariat where one exists.
Section 37—Record of customary transfer (1) An oral grant of an interest in land under customary law may be recorded as specified in the First Schedule, or as near to that Schedule as the circumstances permit. (2) The record shall (a) incorporate the essential features of the transaction sought to be effected; (b) be signed by the person making the transfer or by the lawfully authorised agent of that person for that purpose; and 27 (c) be certified by a Registrar of a Court or a Land Registrar having jurisdiction within any part of the area to which the transaction relates. (3) Where there is a Customary Land Secretariat that Secretariat shall record and maintain a register of oral grants. (4) An adequate plan of the land to which the transfer relates, if available, or if such a plan is subsequently prepared and attested to by the parties, shall be incorporated. (5) The Customary Land Secretariat shall, without delay and upon payment of a fee, Prepare seven copies of the record referred to in subsection (2) and send copies to the Lands Commission and allodial owners. (6) The Customary Land Secretariat shall deliver to the person making the transfer and the person to whom the transfer is made copies of the record certified by the Customary Land Secretariat and the other copies shall be dealt with as may be provided in Regulations made under this Act. (7) Customary transactions recorded under this section are exempt from payment of stamp duty. - 38 Verify source ↗
Parties to a conveyance
This section says certain conveyance terms are read broadly, and it sets presumptions about the parties’ age, capacity, and spousal interests in jointly acquired land.
Section 38—Parties to a conveyance (1) In every conveyance of an interest in land, the expressions used to denote the parties to the conveyance shall be deemed to include their heirs, successors, personal representatives and assigns, except insofar as a contrary intention is expressed in the conveyance or appears by necessary implication. (2) The persons expressed to be parties to a conveyance shall, until the contrary is proved, be presumed to be of full age and capacity at the date of the conveyance. (3) In a conveyance for valuable consideration of an interest in land that is jointly acquired during the marriage, the spouses shall be deemed to be parties to the conveyance, unless a contrary intention is expressed in the conveyance. (4) Where contrary to subsection (3) a conveyance is made to only one spouse that spouse shall be presumed to be holding the land or interest in the land in trust for the spouses, unless a contrary intention is expressed in the conveyance. - 39 Verify source ↗
Subject-matter of conveyance
A conveyance can use any word to show an intention to transfer land interests, but it cannot transfer more than the transferor has power to convey.
Section 39—Subject-matter of conveyance (1) Any word used in a conveyance indicating the intention of the person making the transfer to create or dispose of an interest in land is sufficient for that purpose. (2) A conveyance passes all interests and rights in the land which the person making the conveyance has power to convey, unless a contrary intention is expressed in the conveyance, or appears by necessary implication. (3) A conveyance shall not be construed to convey any title or right which the person making the transfer does not have the power to convey. (4) A conveyance of a usufructuary interest shall state the interest conveyed as the usufructuary interest and shall not 28 (a) be expressed as a lease; and (b) have a limited term or duration. - 40 Verify source ↗
Interest taken by person to whom transfer is made
Rules on how a land conveyance can pass possession or ownership interests, including special rules for corporations sole and for transfers to multiple people.
Section 40—Interest taken by person to whom transfer is made (1) A conveyance of an interest in land may operate to pass the possession or right of possession, without actual entry, but subject to prior rights to the conveyance. (2) A conveyance of an interest in land to a corporation sole by its corporate designation without words of limitation passes to the corporation the whole interest which the person making the transfer had power to convey, unless a contrary intention appears in the conveyance. (3) A conveyance of an interest in land to two or more persons, except a conveyance in trust, creates an interest in common and not in joint tenancy, unless it is expressed in the conveyance that (a) the persons to whom the conveyance is made take the interest jointly, or as joint tenants; or (b) the conveyance is made to them and the survivor of them, or unless it manifestly appears from the conveyance that It was intended to create an interest in joint tenancy. - 41 Verify source ↗
Person not party to a conveyance
A non-party to a conveyance may take an interest in land or the benefit of certain rights and agreements tied to that conveyance.
Section 41—Person not party to a conveyance A person who is not a party to a conveyance may take an interest in land, or the benefit of a condition, right of entry, covenant or agreement which is the subject of the conveyance. - 42 Verify source ↗
Effect of extinction of reversion
If a lease reversionary interest is transferred, surrendered, or merged, the lessee’s incidents and obligations stay the same.
Section 42—Effect of extinction of reversion Where a reversionary interest in respect of a lease is (a) transferred, (b) surrendered, or (c) merged, the incidents and obligations affecting a lessee under the transferred, surrendered or merged reversionary interest remain the same. - 43 Verify source ↗
Voidable conveyance
A transfer of land made to defraud someone can be set aside by the person affected, but not in the insolvency context or where the transferee acted in good faith for value.
Section 43—Voidable conveyance (1) A conveyance of land or an interest in land which is made with intent to defraud is voidable at the instance of a person who is prejudiced by the conveyance. (2) Subsection (1) does not apply to the law of insolvency, and does not extend to a conveyance of an interest in land where the transferee took the interest in good faith and for valuable consideration. (3) A disposition for no consideration of an interest in land made with intent to defraud a subsequent purchaser is voidable at the instance of that purchaser, except that a conveyance shall not be deemed to have been made with intent to defraud by reason only that a subsequent conveyance for valuable consideration was made. - 44 Verify source ↗
Unconscionability
The court may set aside or change an agreement to convey land, or a conveyance of an interest in land, if it finds the transaction is unconscionable.
Section 44—Unconscionability 29 The court may set aside or modify an agreement to conveyor a conveyance of an interest in land on the ground of unconscionability where the Court is satisfied after considering all the circumstances, including (a) the bargaining conduct of the parties, (b) the relative bargaining positions of the parties, (c) the value to each party of the agreement reached, and (d) evidence as to the commercial setting, purpose and effect of the agreement, that the transaction is unconscionable. - 45 Verify source ↗
Other grounds for varying or setting aside conveyance
The court may set aside or change an agreement or conveyance of an interest in land if certain grounds are present.
Section 45—Other grounds for varying or setting aside conveyance The court may set aside or modify an agreement to conveyor a conveyance of an interest in land on grounds which include (a) mistake; (b) fraud; (c) illegality; (d) duress; (e) misrepresentation; and (f) undue influence. - 46 Verify source ↗
Conveyance to persons jointly, or to person making transfer
People may transfer land interests to themselves or jointly with others, and a court may set aside a conveyance to prevent a breach of fiduciary duty.
Section 46—Conveyance to persons jointly, or to person making transfer (1) An interest in land may be conveyed by a person to be held jointly by that person with another person in the same manner as the interest may be conveyed by that person to another person. (2) A person may, in one capacity, convey an interest in land to be held in a different capacity by that same person. (3) Two or more persons may convey property vested in them to anyone or more of themselves in the same manner that they can convey that property to a third party. (4) Despite subsections (1), (2) and (3), the court may set aside a conveyance in order to prevent the commission or continuance of a breach of a fiduciary duty. - 47 Verify source ↗
Restrictions on transfer of land by spouse
A spouse must not transfer or otherwise deal with land acquired during marriage without the other spouse’s written consent, unless the spouses have a written agreement to the contrary or section 38(3) or (4) applies.
Section 47—Restrictions on transfer of land by spouse Except as provided in subsections (3) and (4) of section 38, in the absence of a written agreement to the contrary by the spouses in a marriage, a spouse shall not, in respect of land, right or interest in land acquired for valuable consideration during marriage, (a) sell, exchange, transfer, mortgage or lease the land, right or interest in the land, (b) enter into a contract for the sale, exchange, transfer, mortgage or lease of the land, right or interest in the land, (c) give away the land, right or interest in the land inter vivos, or 30 (d) enter into any other transaction in relation to the land, right or interest in the land without the written consent of the other spouse, which consent shall not be unreasonably withheld. - 48 Verify source ↗
Agreement with two or more persons
Agreements by two or more people about money, conveyances, or land-related acts can imply an obligation that survives to the remaining persons, unless the agreement shows a contrary intention.
Section 48—Agreement with two or more persons (1) An agreement with two or more persons jointly to pay money or to make a conveyance, or to do any other act relating to land, to those persons, or for the benefit of those persons, implies an obligation to pay the money or do the act to, or for, the benefit of the survivors of those persons. (2) Subsection (1) applies only so far as a contrary intention is not expressed in the agreement and has effect subject to the provisions contained in the agreement. (3) Any such agreement, whether express or implied, entered into by a person with one or more other persons, shall be construed and be capable of being enforced in the same manner as if it had been entered into with the other person or persons separately. - 49 Verify source ↗
Apportionment of conditions on severance
If land in a lease is split up, or the lease ends only for part of it, any condition in the lease is split and keeps applying to the relevant parts.
Section 49—Apportionment of conditions on severance Where the reversionary interest in land comprised in a lease is severed, or where the term granted by a lease is avoided or ceases in respect of part of the land comprised in the lease, a condition contained in the lease shall be apportioned and shall continue to apply to (a) each of the severed parts of the reversionary interest; or (b) the part of the land in respect of which the term has not ceased or been avoided, in the same manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, had alone originally been comprised in the lease. - 50 Verify source ↗
Implied covenants by transferor
This section says certain land-transfer and lease transactions include implied covenants, renewal rules, and limits on alienation or takeover of land.
Section 50—Implied covenants by transferor (1) In a conveyance for valuable consideration there are implied the covenants of right to convey, quiet enjoyment, freedom from encumbrances and further assurance, in the terms set out in Part I of the Second Schedule. (2) In a conveyance by way of assignment or sublease of leasehold property for valuable consideration, there shall be implied, the further covenants relating to validity and past observance of the head lease, in the terms set out in Part II of the Second Schedule. (3) In a conveyance by way of sublease of leasehold property for valuable consideration, there shall be implied the further covenants relating to future observance of the head lease and production of title deeds and delivery of copies, in the terms set out in Part III of the Second Schedule. (4) In a conveyance, there shall be implied a covenant by the person who conveys as trustee or under an order of the court that that person has not encumbered the subject-matter of the conveyance, in the terms set out in Part IV of the Second Schedule, which covenant shall extend only to that person's own act. (5) The covenants referred to in subsections (1) to (4) are deemed to be made by the person or by each person who conveys, as regards the subject-matter or a share of the subject-matter expressed to be conveyed, with the person or each of the persons to whom the conveyance is made, or, where the conveyance is made to joint tenants, to the tenants jointly. 31 (6) Where a conveyance states that a person is conveying by the direction of another person, for the purposes of this section, the person giving the direction is deemed to be the person who is conveying the subject-matter and is required to observe the covenants implied in this section. (7) Except as otherwise provided in subsections (9) to (22), a covenant implied under this section may be varied or extended by the conveyance and the variation or extension, shall operate in the same manner and with the same consequences as if that variation was implied under this section. (8) A variation or extension under subsection (7) which wholly removes the personal liability of the person who bears responsibility under the covenant, is void. (9) Where a lease in respect of bare land is granted by a person who holds an allodial or usufructuary interest in the land and the lessee is an indigene of the area where the land is situated, the lease is subject to automatic renewal where the lessee has developed (a) the land for residential purposes; (b) a farm of perennial crops on the land; or (c) a commercial or industrial property on the land, for the same duration as the original lease when the lease expires. (10) A lessee under subsection (9) shall discharge the established customary duties to the lessor. (11) Unless otherwise expressly provided in the lease, where bare land is leased to a citizen of Ghana who is not an indigene of the area where the land is situated, there shall be an implied term in the lease that the lessee is entitled to a renewal of the lease. (12) A lease of bare public land granted by the Republic to a citizen of Ghana is subject to automatic renewal on terms agreed upon by the parties. (13) Subsection (12) does not apply where (a) the lease is in respect of a commercial property; or (b) the leased property is required for re-development. (14) The renewal in subsections (7), (9), (11) and (12) are subject to the original terms of the lease and any new terms agreed upon by the parties to the lease or their successors, agents or assignees, taking into consideration any improvement of the land by the lessee. (15) Where the parties fail to agree on terms for the renewal of the lease, the dispute may be resolved under the Alternative Dispute Resolution Act, 2010 (Act 798). (16) If the parties fail to resolve the dispute under subsection (15), the parties may settle the dispute in court. (17) Subject to subsection (6) of section 10, a lease for a fixed term granted by a Ghanaian to a non-Ghanaian is not subject to renewal unless the lease expressly provides otherwise. (18) Where a non-Ghanaian exercises an option to renew a lease, the renewal is subject to the terms agreed upon by the parties. 32 (19) A conveyance of a usufructuary interest shall not specify any duration of the interest, but the holder of the usufructuary interest is subject to the customs and traditions of the area where the land is situated. (20) A holder of a usufructuary interest under subsection (19) shall not alienate any interest in the land, which is the subject of that interest, to a person who is not entitled to that interest without the written consent of and adequate payment to the allodial owner, which consent shall not be unreasonably withheld. (21) A holder of an allodial title may (a) in furtherance of the expansion of a town or settlement; and (b) for the purpose of serving the communal interest of the beneficiaries of the allodial interest, take over bare land or farm land which is the subject of a usufructuary interest within the area covered by the allodial title. (22) The holder of an allodial title shall not take over land under subsection (21) without (a) prompt payment of fair and adequate compensation which in any case shall not be less than forty percent of the plots of land or the market value of the plots of land being taken over, or (b) providing suitable alternative land, where possible, to the holder of the usufructuary interest in respect of the land. - 51 Verify source ↗
Implied covenants by person to whom transfer is made 3
Certain lease, sublease, and assignment conveyances imply specified covenants by the transferee, and those covenants can be varied or extended by the conveyance.
Section 51—Implied covenants by person to whom transfer is made (1) In a conveyance by way of lease for valuable consideration there are implied the covenants relating to payment of rent, repair to adjoining premises, alterations and additions, injury to walls, assignment and subletting, illegal or immoral user, nuisance or annoyance, and Yielding up the premises, in the terms set out in Part V of the Second Schedule. (2) In a conveyance by way of sublease for valuable consideration, there shall be implied the further covenants relating to future observance of the head lease and permission to carry out repair under the head lease, in the terms set out in Part VI of the Second Schedule. (3) In a conveyance by way of assignment for valuable consideration of land comprised in a lease, there are implied the covenants relating to payment of rent, future observance of the head lease, and indemnity, in the terms set out in Part VII of the Second Schedule. (4) Where rent is apportioned in respect of a land, with the consent of the lessor, the covenants in subsection (3) are implied in the conveyance of that land in the same manner as if the apportioned rent were the original rent reserved, and the lease related solely to that land. (5) The covenants referred to in subsections (1) to (4) are deemed to be made by each person to whom transfer is made, as far as regards the subject-matter or share of the subject-matter expressed to be conveyed to the transferee, with each transferor, if more than one. (6) A covenant implied under this section may be varied or extended by the conveyance and after being varied or extended, shall operate as far as may be in the same manner and with the same consequences as if the variations or extensions were implied under this section. 33 - 52 Verify source ↗
Persons to take benefit of implied covenant
The benefit of an implied covenant under sections 50 or 51 attaches to the relevant interest and can be enforced by a person who holds that interest, or part of it.
Section 52—Persons to take benefit of implied covenant The benefit of a covenant implied under section 50 or 51 is attached to the interest of the implied covenantee, and are enforceable by a person in whom that interest or a part of that interest is vested. - 53 Verify source ↗
Benefit of covenants relating to land
Covenants tied to a land interest can be enforced by the covenantee and certain successors, and may run with the land without technical wording if the covenant allows it.
Section 53—Benefit of covenants relating to land (1) A covenant that relates to an interest in land of the covenantee is deemed to be made with the covenantee and the successors in title of the covenantee and the persons deriving title under the covenantee or the successors in title of the covenantee and are enforceable by the covenantee and the persons deriving title under the covenantee or the successor in title of the covenantee to the same extent as by the covenantee. (2) For the purpose of subsection (1), in connection with covenants restrictive of the user of land, "successors in title" include the owners and occupiers of the land which the covenant is intended to benefit. (3) The benefit of a covenant relating to an interest in land may be made to run with the land without the use of any technical expression if the covenant is of a nature that enables the benefit to run with the land. (4) For the purposes of this section, a covenant runs with the land when the benefit or burden of the covenant, whether at law or in equity, passes to the successors in title of the covenantee or the covenantor, as the case may be. - 54 Verify source ↗
Burden of covenants relating to land
This section says certain land covenants are treated as made by the covenantor and can be enforced against successors in title and others deriving title from the covenantor.
Section 54—Burden of covenants relating to land (1) A covenant relating to an interest in land of a covenantor or land capable of being bound by the covenantor is, unless a contrary intention is expressed, deemed to be made by the covenantor on behalf of the covenantor or the successors in title of the covenantor and a person deriving title from that covenantor, and is enforceable against the successors in title and the person deriving title from the covenantor to the same extent as against the covenantor. (2) This section extends to a covenant to do some act in relation to land, although the subject- matter may not be in existence when the covenant is made. (3) For the purposes of this section, in connection with covenants restrictive of the user of land, "successors in title" include the owners and occupiers of the land. - 55 Verify source ↗
Benefit of covenants to run with reversion
The person entitled to the leased land income may recover, receive, enforce, or use certain rents, covenants, rights of re-entry, and related provisions tied to the lease reversion.
Section 55—Benefit of covenants to run with reversion (1) Rent reserved by a lease, and the benefit of a covenant or provision contained in the lease which makes reference to the subject matter of the benefit of the covenant or the provision, and which is required to be observed or performed on the part of the lessee, and every condition of re-entry and other condition contained in the lease, shall be attached to the reversionary interest in the land, or in any part of the land, immediately expectant on the term granted by the lease, despite a severance of that reversionary interest. (2) A rent, covenant, right of re-entry or provision contained in the covenant referred to in subsection (1), may be recovered, received, enforced and taken advantage of by the person 34 entitled to, subject to the term, the income of the whole or any part, as the case may require, of the land leased. (3) A person who by conveyance or otherwise becomes entitled under subsection (1) to rent, a covenant, right of re-entry or provision may recover or receive the rent, enforce the covenant and the right or take advantage of the provision although that person becomes entitled to the rent, covenant, right of re-entry or provision after the condition of re-entry or forfeiture has become enforceable. (4) Subsection (3) does not render enforceable a condition of re-entry or any other condition waived or released before that person becomes entitled as provided in this Act. (5) This section has effect without prejudice to any liability affecting a covenantor or the estate of the covenantor on the death of the covenantor. - 56 Verify source ↗
Burden of covenants to run with reversion
A lessor’s lease-related covenant or condition can attach to the reversionary interest, and the person holding the term may enforce it, but only to the extent the lessor can bind that interest.
Section 56—Borden of covenants to run with reversion (1) The obligation under a condition or of a covenant entered into by a lessor with reference to the subject-matter of the lease (a) shall, to the extent that the lessor has power to bind the reversionary interest immediately expectant on the term granted by the lease, be attached to that reversionary interest, or a part of that reversionary interest, despite a severance of that reversionary interest, and (b) may be taken advantage of or enforced by the person in whom the term is vested, and to the extent that the lessor has power to bind the person entitled to that reversionary interest that obligation may be taken advantage of and enforced against the person entitled. (2) Subsection (1) has effect without prejudice to any liability affecting a covenantor or the estate of the covenantor on the death of the covenantor. - 57 Verify source ↗
Restriction on re-entry and forfeiture
A lessor cannot enforce re-entry or forfeiture for a lease breach unless notice is served and the lessee knows of it, and the lessee then fails to fix the breach or pay compensation within a reasonable time.
Section 57—Restriction on re-entry and forfeiture (1) A right of re-entry or forfeiture under a provision in a lease for a breach of a covenant, condition or agreement in the lease is not enforceable by court action or any other means, unless (a) the lessor has served on the lessee a notice (i) specifying the particular breach complained of, (ii) requiring the lessee to remedy the breach, if the breach is capable of remedy, and (iii) requiring the lessee to make reasonable compensation in money for the breach, except where the breach consists of non-payment of rent; (b) the lessee has knowledge of the fact that the notice has been served, and (c) the lessee fails, within a reasonable time after the service of the notice under paragraph (a), to remedy the breach, if that breach is capable of remedy, or to pay compensation, to the satisfaction of that lessor, for the breach or in the case of non-payment of rent, to pay the rent and interest on the rent at the prevailing bank rate. (2) Where a notice is 35 (a) sent by registered mail addressed to a person at the last known address of the person or by electronic mail where that is the normal mode of communication between the parties, and (b) posted on the land which is the subject of re-entry, then, for the purposes of subsection (1), that person shall be deemed, unless the contrary is proved, to have had knowledge of the fact that the notice had been served as from the time at which the mail would have been delivered in the ordinary course of post or the notice was posted on the land or in the case of electronic mail at the date the mail was sent. (3) This section applies despite any provision to the contrary in the lease. - 58 Verify source ↗
Relief against forfeiture
A lessee or sublessee may apply to court for relief against forfeiture, and the court may grant, refuse, or shape the relief on terms it considers appropriate.
Section 58—Relief against forfeiture (1) Where a lessor is proceeding by action or otherwise to enforce a right of re-entry or forfeiture under any provision in a lease, or for non-payment of rent, the lessee of the property and also a sublessee of the property comprised in the lease or any part of the lease may, either in the lessor's action or in an action brought by the lessee or sublessee for that purpose, apply to court for relief. (2) Subject to subsection (1), where a lessee applies to court for a relief, the court may grant or refuse the relief having regard to the proceedings and conduct of the parties and to other circumstances. (3) A relief granted under subsection (2) may be on the terms as to costs, damages, compensation, penalty or otherwise, including the granting of an injunction to restrain a similar breach in the future, that the court, in the circumstances of each case, considers appropriate. (4) Where a sublessee applies to court for relief, the court may make an order vesting for the whole term of the lease or a lesser term of the lease, the property comprised in the lease or a part of the lease in that sublessee on conditions as to the execution of a deed or any other document, payment of rent, costs, expenses, damages, compensation, giving security or otherwise that the court, in the circumstances of each case, considers appropriate. (5) Despite subsection (4), the court shall not grant to the sublessee a term longer than the term the sublessee had under the original sublease. (6) The provisions in section 57 and in this section shall, with the necessary modifications, apply to an oral grant and any other transfer of an interest in land under customary law. - 59 Verify source ↗
Covenant to repair
Damages for breaching a lease repair covenant are capped at the drop in reversion value, and recovery is barred in two specified end-of-lease situations.
Section 59—Covenant to repair (1) Damages or compensation for a breach of a covenant or an agreement to keep or put premises in a good state of repair during the currency of a lease, or to leave or put premises in a good state of repair at the termination of a lease, whether the covenant or agreement is express or implied, general or specific, shall not exceed the amount by which the value of the reversion, in the premises is diminished owing to the breach. (2) Damages or compensation shall not be recovered for a breach of a covenant or agreement to leave or put premises in good state of repair at the termination of a lease, if it is shown that (a) the premises, in whatever state of repair the premises might be, would at or shortly after the termination of the tenancy be pulled down; or 36 (b) the structural alterations made in the premises would render valueless the repairs covered by the covenant or agreement. - 60 Verify source ↗
Waiver of covenant in a lease
If a lessor or successor waives a lease covenant or condition, the waiver applies only to the specific breach mentioned and is not a general waiver unless the text shows a contrary intention.
Section 60—Waiver of covenant in a lease Where a lessor or a person deriving title under the lessor waives the benefit of a covenant or condition in a lease, the waiver shall extend only to a breach of the covenant or condition to which the waiver specifically relates and shall not operate as a general waiver of the benefit of that covenant or condition, unless a contrary intention appears. - 61 Verify source ↗
Effect of licence granted to lessee
A licence to a lessee normally applies only to the specific matter or breach it covers, unless the licence says otherwise.
Section 61—Effect of licence granted to lessee (1) A licence granted to a lessee shall, unless a contrary intention is expressed, extend only (a) to a matter specifically authorised to be done or not to be done; or (b) to the specific breach of a provision expressly referred to and shall not bar any proceedings for a subsequent breach of the lease. (2) Despite a licence granted to a lessee, (a) the rights under the covenants and the power of re-entry contained in the lease remain in force and are available as against a subsequent breach of a covenant, condition or any other matter not specifically authorised or waived, in the same manner as if the licence had not been granted; and (b) the condition or right of entry remains in force as if the licence had not been granted, except in respect of the particular matter authorised to be done or not to be done. - 62 Verify source ↗
No payment for consent to assign
Money cannot be required for a licence or consent to assign and similar transactions, except for reasonable administrative expenses; the Minister may make regulations about those payable amounts.
Section 62—No Payment for consent to assign (1) Payment of money in respect of a licence or consent to assign, sublet, part with possession of, dispose of, mortgage, change of use and any other similar transaction shall not be required. (2) The prohibition imposed by subsection (1) shall not preclude the requirement for the payment of a reasonable sum in respect of administrative expenses incurred in relation to the licence or consent. (3) Despite a provision to the contrary in a conveyance, consent is not required for a vesting assent pursuant to the grant of probate or letters of administration. (4) The Minister shall, in consultation with the Lands Commission and the Administrator of Stool Lands, make Regulations prescribing the moneys payable under subsection (2). (5) Subsection (1) does not apply to a grant made by a public corporation in respect of land acquired for public housing. - 63 Verify source ↗
Production and safe custody of document
A person holding a document of title must hand it over when transferring the whole interest, and a written undertaking can require production, copies, and safe custody of a document.
Section 63—Production and safe custody of document (1) A person in possession or control of a document of title is not entitled to retain the document on conveying the whole interest in the subject-matter of the conveyance, but shall deliver the document at the time of the conveyance to the transferee. (2) Where a person lawfully retains possession or control of a document and gives to another a written undertaking for production, delivery of copies or safe custody of the document, then 37 for the period of the possession or control of the document, that person and any other person having possession or control of the document are under an obligation, except for good cause shown, (a) to produce the document (i) at a reasonable time for inspection or comparison with abstracts or copies by the person entitled to request production or by any other person authorised in writing by the person entitled; or (ii) in any proceeding of a court or Commission of Inquiry, or on an occasion on which production may reasonably be required, for providing or supporting the title or claim of the person entitled to request production of the document or certified true copy of the document, or for any other purpose relative to that title or claim; (b) to deliver to the person entitled to access true copies of the document or extracts from the document, whether the document is attested to or unattested; and (c) to keep the document safe, whole, uncancelled and undefaced. (3) A written undertaking for production or delivery of copies shall be complied with at the written request of the person to whom undertaking is given or of a person other than a lessee at a rent, who has or claims an interest or a right through or under that person, or otherwise becoming through or under that person interested in or affected by the terms of the document to which that undertaking relates (4) The costs and expenses of or incidental of or incidental to the specific performance of an undertaking given under subsection (2) for the production, delivery of copies or safe custody of the document shall be paid by the person requesting performance, except where the person requesting performance, apart from the undertaking, would be entitled to possession of the documents. (5) A written undertaking for the production or delivery of copies does not confer a right to damages for loss or destruction of the document, or damage from whatever cause to the document to which the undertaking relates. (6) A person who claims to be entitled to the benefit of a written undertaking for the production, delivery of copies or safe custody of the document may apply to the court for an order directing production of the documents to which the undertaking relates, or delivery of copies or extracts, to that person or some other person on behalf of that person. (7) For the purposes of subsection (6), the court may make an order (a) to give directions respecting the time, place, terms and manner of production or delivery of the document, and (b) as to costs or any other matter connected with the application. (8) A person who claims to be entitled to the benefit of a written undertaking for safe custody of a document may apply to court to assess damages for any loss or destruction of the document, and the court may 38 (a) direct an inquiry into the amount of damages, and order payment of the damages by the person liable; and (b) make an order as to costs or any other matter connected with the application. (9) A person who gives a written undertaking for production, delivery of copies or safe custody of a document shall satisfy any liability to give a covenant for production, delivery of copies or extracts, or safe custody of the document. (10) This section applies only so far as a contrary intention is not expressed in the written undertaking. (11) The rights conferred by an undertaking under this section are in addition to any other rights regarding (a) the production or inspection, or (b) the obtaining of copies, of a document, that are not satisfied by the giving of the undertaking and have effect subject to the terms of the undertaking and to a provision in the document. - 64 Verify source ↗
Good title
Section 64 explains when a title counts as good title and gives buyers and assignees rights to inspect title documents.
Section 64—Good title (1) Good title is derived from (a) an enactment; (b) a grant, vesting order or conveyance from the State; (c) a final judgment of a court of competent jurisdiction; or (d) a grant, an acquisition under customary law, conveyance, assignment or mortgage which is at least thirty years old and establishes that a person is entitled to convey an interest in the land. (2) Paragraph (c) of subsection (1) does not apply where there are conflicting judgments of courts of coordinate jurisdiction in respect of the same subject matter. (3) An intending assignee of a term of years may require the instruments creating the term, however old. (4) The intending purchaser of a reversion may require the instrument under which the reversionary interest arises, however old. (5) A purchaser shall not be deemed to be or ever to have been affected with notice of a matter or thing of which the purchaser might have had notice if the purchaser had investigated the title or made inquiries in respect of matters prior to the period of commencement of title ascertained unless the purchaser actually makes the investigation or inquiries. (6) Under a contract to grant or assign a term whether derived or to be derived out of freehold or leasehold interest in land, the intended lessee or assignee is entitled to call for the title to the freehold or for the lease. (7) Under a contract to sell and assign a term derived out of a leasehold interest inland, the intended assignee shall have the right to call for the title to the leasehold reversion. 39 (8) Where a lease is made under a power contained in a will, an enactment or any other instrument, a preliminary contract for or relating to the lease shall not, for the purpose of the deduction of title to an intended assignee, form part of the title, or evidence of the title, to the lease. (9) This section applies to contracts for exchange in the same manner as to contracts for sale. (10) This section applies only so far as a contrary intention is not expressed in the contract. - 65 Verify source ↗
Other statutory conditions of sale
This section limits what a land purchaser can demand about old title documents, but preserves some specific rights to inspect certain documents.
Section 65—Other statutory conditions of sale (1) A purchaser of an interest in land shall not (a) require the production, or an abstract or a copy, of any deed, will or any other document, dated or made before thirty years, for the commencement of the title, or (b) require information or make a requisition, an objection or inquiry, in respect of that deed, will or document, or the title prior to that time, although the deed, will or other document, or that prior title, is recited, agreed to be produced, or noticed, and the purchaser shall assume, unless the contrary appears, that the recitals contained in the abstracted instruments, of any deed, will or any other document, forming part of that prior title, are correct and give the material contents of the deed, will or other document so recited, and that the document so recited was duly executed by the necessary parties. (2) Subsection (1) does not deprive a purchaser of the right to require the production or an abstract or a copy of (a) a power of attorney under which an abstracted document is executed; (b) a document creating or disposing of an interest, power or an obligation which is not shown to have ceased or expired, and subject to which a part of the property is disposed of by an abstracted document; or (c) a document creating a limitation or trust by reference to which a part of the property is disposed of by an abstracted document. (3) Where an interest in land, which is sold, is held by a lease which is not a sublease, the purchaser shall assume, unless the contrary appears, (a) that the lease was duly granted, and (b) that the covenants and provisions of the lease have been duly performed and observed up to the date of the actual completion of the purchase, on production of the receipt for the last payment due for rent under the lease before the date of actual completion of the purchase. (4) Where an interest in land, that is sold, derives from a sublease, the purchaser shall assume, unless the contrary appears, (a) that the sublease and every superior lease were duly granted; (b) that the covenants and provisions of the sublease have been duly performed and observed up to the date of actual completion of the purchase, on production of the receipt for the last 40 payment due for rent under the sublease before the date of actual completion of the purchase; and (c) that the rent due under every superior lease, and the covenants and provisions of every superior lease, have been paid and duly performed and observed up to that date. (5) Recitals, statements, and descriptions of facts, matters and parties contained in a deed, an instrument or a statutory declaration, twenty years old at the date of the contract, are, except so far as they may be proved to be inaccurate, sufficient evidence of the truth of those facts, matters and descriptions. (6) The inability of a vendor to give a purchaser a covenant or any other undertaking to produce and deliver copies of a document of title all not be the basis of an objection to title if the purchaser will, on the completion of the contract, have an equitable right to the production of e document. (7) An undertaking and a covenant to produce and provide for safe custody of a document that the purchaser can require or requires s all be given at the expense of the purchaser, and the vendor shall bear e expense of perusal and execution on behalf of and by the vendor, and on behalf of and by necessary parties other than the purchaser. (8) A vendor is entitled to retain a document of title where (a) the vendor retains a part of the land to which the documents relate; or (b) the document consists of (i) a trust instrument or other instrument creating a trust which is still subsisting; or (ii) an instrument relating to the appointment or discharge of a trustee of a subsisting trust. (9) This section applies (a) to a contract for exchange in the same manner as it applies to a contract for sale, and (b) subject to a contrary intention expressed in the contract. (10) This section shall not be construed as binding on a purchaser to complete the purchase where, on a contract made independently of this section, and containing provisions similar to the provisions of this section, or any of them, specific performance of the contract will not be enforced against the purchaser by a court. - 66 Verify source ↗
Supplemental instrument
A supplemental instrument must be read as if it fully recited the earlier instrument, but this does not create a right to an abstract or production of that earlier instrument.
Section 66—Supplemental instrument (1) An instrument expressed to be supplemental to a previous instrument shall be read and have effect, as far as may be, as if the instrument contained a full recital of the previous instrument. (2) Subsection (1) does not give a right to an abstract or production of the previous instrument, and a purchaser may accept the same evidence that the previous instrument does not affect the title as if the previous instrument had merely been mentioned in the supplemental instrument. - 67 Verify source ↗
Giving of notice
A notice required under a conveyance must be in writing unless the conveyance says otherwise, and notice to the transferee or transferor can be served by several listed methods.
Section 67—Giving of notice Unless otherwise provided in a conveyance, a notice required to be given under the conveyance shall be in writing and 41 (a) a notice to the transferee is sufficiently served if (i) delivered to the transferee personally; (ii) left addressed to the transferee on the premises conveyed; (iii) sent to the transferee by registered post; (iv) left at the last known address of the transferee in the country; (v) sent by secure electronic communication where that is the mode of communication between the transferee and transferor; or (vi) in the case of a company sent to the registered office of the company in the country; and (b) a notice to the transferor is sufficiently served if (i) delivered to the transferor personally; (ii) sent to the transferor by registered post; (iii) left at the last known address of the transferor in the country; (iv) sent by secure electronic communication where that is the mode of communication between the transferee and transferor; or (v) in the case of a company sent to the registered office of the company in the country. - 68 Verify source ↗
Execution of conveyance
A conveyance must be executed by the grantor and grantee, with witness attestation, unless subsection (1) does not apply to a vesting assent.
Section 68—Execution of conveyance (1) A conveyance shall be executed by the grantor and the grantee and the signature or mark of each of them shall be attested to by at least one witness who shall state the name and address of the witness. (2) Subsection (1) does not apply to a vesting assent. (3) Where an individual executes a conveyance, the individual shall sign or place the mark of that individual on the conveyance and sealing shall not be necessary. (4) Where a company to which the Companies Act, 2019 (Act 992) applies executes a conveyance, that conveyance shall be executed in accordance with that Act. (5) A conveyance in favour of a purchaser, is duly executed by a corporation aggregate, other than a company referred to in subsection (4), if the seal of the corporation is affixed to the conveyance in the presence of and attested to by a secretary or a deputy of the secretary or any other principal officer, and a member of the board of directors or other governing body of the corporation or otherwise in accordance with the terms of the conveyance or enactment establishing or regulating that corporation. (6) The transferee under a conveyance is entitled to have that conveyance delivered to the transferee by the transferor as soon as practicable after execution of the conveyance by the transferor and the persons whose consent or concurrence is required. (7) A conveyance is deemed executed by an individual who cannot read and understand or write the language of the conveyance if 42 (a) the conveyance is marked by the individual with the mark or thumb-print of that individual at the foot of the conveyance, and the mark or thumb-print of that individual is attested to by a witness who has clearly written the name and address of that witness on the instrument and endorsed on the conveyance a statement to the effect that the conveyance was clearly and correctly read over and explained to that individual in the language spoken by that individual and that the individual appears to have understood and approved of the contents of the conveyance; and (b) in the case of an individual who is unable to make a mark, the conveyance is signed by some other person whom that individual has authorised in that behalf, and who endorses on the conveyance a signed notice to that effect. (8) A conveyance is deemed to have been executed by a body of Persons not required by law to have a common seal, if the conveyance (a) is signed by the persons who are authorised by a relevant enactment to sign the conveyance; or (b) is signed, in the absence of an express provision in an enactment, by the persons duly appointed in writing by that body of persons, evidence of which appointment shall be produced when required; and (c) has attached to the conveyance a plan endorsed at the back by both the grantor and grantee. (9) A conveyance is deemed to have been executed by a stool or skin, or clan or family if the instrument is executed by all the individuals whose consent is by customary law a necessary condition for the conveyance to bind the stool or skin, or clan or family. (10) A conveyance is deemed to have been executed under a power of attorney if the conveyance is executed by the donee of the power either in the name of the donee or in the name of the donor of the power. (11) A conveyance is deemed to have been executed by an infant or a person lacking capacity to contract, if the conveyance is executed by the person duly appointed in accordance with law to represent the infant or the person who lacks capacity to contract. (12) A conveyance is deemed to have been executed by the State if e instrument is executed by the Chairperson of the Lands Commission the name of the State. - 69 Verify source ↗
Receipt in conveyance and customary obligations
Receipts stated in a conveyance can be enough, and in some cases the statement is evidence against later disputes.
Section 69—Receipt in conveyance and customary obligations (1) A receipt for money, securities or any other consideration in the body of a conveyance is a sufficient discharge from the consideration, money or securities to the person paying or delivering them, without a further receipt for them being endorsed on the conveyance. (2) A receipt for money, securities or any other consideration in the body of a conveyance or endorsed on the conveyance is sufficient evidence in favour of a subsequent purchaser, who does not have notice that the money, securities or any other consideration acknowledged to have been received was not in fact paid or given, wholly or in part. 43 (3) In a conveyance of stool or skin, or clan or family land, payment made for customary obligations shall be stated and the statement is sufficient evidence of the performance of the customary obligations. - 70 Verify source ↗
Rules for conveyance
Section 70 says a conveyance should be drafted in clear, plain language, on durable material unless the Act provides otherwise, and worded so that words prevail over figures if there is a mismatch.
Section 70—Rules for conveyance (1) A conveyance may be described, at the commencement or otherwise, as a conveyance, an assignment, a lease, a sublease, a trust instrument, an appointment or otherwise, according to the nature of the transaction intended to be effected. (2) A conveyance shall be expressed in clear terms and in plain language, and in particular the words "lease", "conveys to", "interest", "land", "all" and "at" may be used in preference to the words "demise", "grants and conveys unto", "estate", "piece or parcel of land", "all and singular" and "situate lying and being at" respectively. (3) In a conveyance, so far as practicable, (a) months shall be written in words without abbreviation and days and years shall be written in figures; (b) the names of the parties to the conveyance shall be written in full without abbreviation followed by the full residential and postal address of the parties or, in the case of a body corporate, the registered office or principal place of business of the body corporate; (c) where any other registered conveyance is recited, the registration number of the conveyance shall be stated; and (d) sums of money shall be written fully in words without abbreviation, followed by the same amount expressed in figures within brackets. (4) A conveyance shall, unless otherwise provided in this Act, be made on durable material. (5) Failure to observe a provision of this section does not invalidate a conveyance or provision of a conveyance. (6) Where a date or sum of money is expressed both in words and in figures, and there is discrepancy between the word and the figures, the words shall prevail over the figures unless a contrary intention appears in the conveyance. - 71 Verify source ↗
Model precedent
A document in the model precedent form, or a similar form using similar wording, is enough for the required form and expression.
Section 71—Model precedent An instrument in the form of the model precedent contained in Part VIII of the Second Schedule, or in similar form or using expressions to a similar effect, is sufficient, in regard to form and expression. - 72 Verify source ↗
Damages and penalty for fraudulent concealment Electronic Conveyancing
People who fraudulently hide material title documents or falsify land plans when selling property can be sued for damages and may also commit an offence; courts must consider certain repair or improvement spending when estimating damages.
Section 72—Damages and penalty for fraudulent concealment (1) A person disposing of property or an interest in property for valuable consideration to a purchaser, or an agent of that person, who with intent to defraud (a) conceals from the purchaser an instrument, or encumbrance material to the property or interest; or (b) falsifies a plan of the land in relation to that property or the instrument 44 is liable to an action for damages by the purchaser or a person deriving title under the purchaser for a loss sustained by reason of the concealment or falsification. (2) A person or an agent of that person found culpable for actions under subsection (1) commits an offence and is liable on summary conviction to a fine of not less than five thousand penalty units and not more than ten thousand penalty units or to a term of imprisonment of not less than five years and not more than ten years or to both. (3) In estimating damages, where the property or an interest in the property is recovered from the purchaser or a person deriving title under the purchaser, the court shall take into account any expenditure made by the purchaser or the person deriving title in the repairs or improvement of the land. (4) Without prejudice to subsections (1), (2) and (3), a public officer or an agent of the public officer disposing of property or an interest in property for valuable consideration to a purchaser, who with intent to defraud conceals from the purchaser an instrument or an encumbrance material to the title, or falsifies a plan of the land in relation to that property or the instrument, commits an offence and is liable on summary conviction to a fine of not less than five thousand penalty units and not more than ten thousand penalty units or to a term of imprisonment of not less than five years and not more than ten years or to both. (5) A professional, who knowingly assists a person disposing of property or an interest in property for valuable consideration to a purchaser, or an agent of that person who, with intent to defraud conceals from the purchaser an instrument, or encumbrance material to the property or interest, or falsifies a plan of the land in relation to that property or the instrument, is liable to an action for damages by the purchaser or a person deriving title under the purchaser for a loss sustained by reason of the concealment or falsification. Electronic Conveyancing - 73 Verify source ↗
Transfer by electronic conveyancing
A land transfer that must be made by conveyance is lawfully made if it is done by electronic conveyance.
Section 73—Transfer by electronic conveyancing (1) Where in this Act, a transfer of land or an interest in land is required to be made by a conveyance, that transfer is lawfully made if the transfer is by an electronic conveyance. (2) Except as otherwise provided in this Act and subject to modifications that are necessary, the provisions on conveyancing in this Act apply to an electronic conveyance. - 74 Verify source ↗
Structures for electronic conveyancing
The Lands Commission must, as far as practicable, set up a land information system, equip and train staff to manage it, and provide education about the system and electronic conveyancing.
Section 74—Structures for electronic conveyancing For the purpose of facilitating electronic conveyancing, the Lands Commission shall, as far as practicable (a) establish a land information system equipped with the requisite information technology infrastructure; (b) train and equip staff with the appropriate knowledge and skills to manage the land information system; and (c) provide education generally on the land information system and particularly on electronic conveyancing for staff of the Lands Commission, professionals who provide services in relation to land and the general public. 45 - 75 Verify source ↗
Qualification for electronic conveyancing
An electronic conveyance may only be made by a qualified legal practitioner who has access to the information system granted by the Lands Commission.
Section 75—Qualification for electronic conveyancing An electronic conveyance shall only be made by a qualified legal practitioner who has been granted access to the information system by the Lands Commission. - 76 Verify source ↗
Conditions for access to electronic conveyancing
A legal practitioner may be given access to provide electronic conveyancing services if the Lands Commission is satisfied the applicant has the required facilities and equipment.
Section 76—Conditions for access to electronic conveyancing A legal practitioner may be granted access to provide electronic conveyancing service if the Lands Commission is satisfied that the applicant has the facilities and equipment required to provide the service. - 77 Verify source ↗
Non-transferability of access
Access granted under section 76 cannot be transferred, and it is subject to conditions set by the Lands Commission.
Section 77—Non-transferability of access Access granted under section 76 is not transferable and is subject to conditions that the Lands Commission determines are necessary. - 78 Verify source ↗
Mandatory contents of an electronic conveyance
An electronic conveyance under this Act must state when it takes effect, include the electronic signature of each person who authenticates it, and have each electronic signature certified under the Electronic Transactions Act, 2008 (Act 772).
Section 78—Mandatory contents of an electronic conveyance An electronic conveyance made under this Act shall, without limiting any requirement for a conveyance under this Act (a) make provision for the time and date on which that conveyance takes effect; (b) the electronic signature of each person who authenticates (c) have each electronic signature on the conveyance certified in accordance with the Electronic Transactions Act, 2008 (Act 772). - 79 Verify source ↗
Additional requirements Chapter Four—Land Recording and Registration 4
The Minister may make regulations, after consulting the Lands Commission, to add requirements for electronic conveyancing.
Section 79—Additional requirements The Minister, in consultation with the Lands Commission may, by legislative instrument, make Regulations under this Act, to prescribe additional requirements for electronic conveyancing. Chapter Four—Land Recording and Registration - 80 Verify source ↗
Recording and registration
The Act provides three systems for recording and registering land and interests in land.
Section 80—Recording and registration (1) There are three systems for the recording and registration of land and interests in land provided for under this Act. (2) The three systems are (a) recording of customary interests and rights by Customary Land Secretariats; (b) registration of instruments relating to land; and (c) registration of title, interests and rights in land. - 81 Verify source ↗
Registrable interests
The section lists the land interests that can be registered.
Section 81—Registrable interests (1) The interests in land which are registrable include (a) allodial title; (b) common law freehold; (c) customary law freehold; 46 (d) usufructuary interest; (e) leasehold interest; and (f) customary tenancy. (2) An interest in a condominium, an apartment or a flat shall be registered in ac
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Land Act, 2020 (Act 1036)
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