Land Registration in Ghana: A Story of More Than One Registration Regime

Ghana’s land administration landscape is a complex tapestry woven from colonial legacies, post-independence reforms, and deep-rooted customary practices. With the enactment of the Land Act, 2020 (Act 1036), the country now operates a multi-tiered system comprising deeds registration, title registration, and customary law recording.

While intended to streamline land governance, the coexistence of these distinct regimes often creates confusion for landowners, legal practitioners, and investors. This article provides a pedagogical examination of the multiple land registration regimes in Ghana, tracing their historical evolution, analyzing their legal implications, and offering practical advice for navigating the system.

Introduction

Land is a critical asset in Ghana, yet securing a definitive title remains a challenge for many. Unlike systems with a single, unified registry, Ghana operates parallel land registration regimes. Each regime has its own set of rules, procedures, and legal consequences.

The Land Act 2020 consolidated previous enactments, primarily the Land Registry Act, 1962 (Act 122) and the Land Title Registration Law, 1986 (P.N.D.C.L. 152). However, rather than eliminating the dualism, it institutionalized a three-tier system:

1. Registration of Instruments (Deeds Registration)
2. Registration of Titles and Interests (in designated registration districts)
3. Recording of Customary Interests and Rights (via Customary Land Secretariats)

Understanding the nuances of these regimes is essential for anyone involved in Ghanaian real estate, from the average homeowner to the corporate investor.

Background: The Historical Evolution of Land Registration

To understand the current multi-regime system, one must look at the historical timeline of land administration in Ghana. The evolution can be categorized into six distinct eras:

1. Pre-Colonial Gold Coast Era (Pre-1883)

Prior to British colonization, land in the Gold Coast was held under customary law tenure. There was no formal registration system. Land ownership and transactions were governed by traditional authorities, witnessed by community elders, and recorded orally or through symbolic rites.

2. Land Registry Ordinances Regime (1883 – 1962)

The colonial administration introduced formal registration via the Land Registry Ordinance, Cap 90 (1883). Section 17 of this Ordinance stipulated that instruments executed after March 24, 1883, would take effect against other instruments affecting the same land from the date of registration.

Historical Dispute: There is historical debate regarding whether the 1883 Ordinance was repealed or amended. Archival records suggest the Land Registry Ordinance of 1895 replaced specific sections of the 1883 law, particularly regarding boundary descriptions. However, case law (e.g., Dofah v. Awoonor Williams, 1922) confirmed that registration under these ordinances did not abolish customary law sales. Registration was optional and served only to give priority to registered instruments over unregistered ones.

3. Land Registry Act Regime (1963 – 1986)

Post-independence, the Land Registry Act, 1962 (Act 122) was enacted to address the lack of cadastral maps and accurate plans under the colonial system. This Act made the registration of instruments mandatory for legal validity (except for wills and judge’s certificates).

However, Act 122 was a deeds registration system. It did not guarantee state title. As held in Ussher v. Darko, registration under Act 122 did not constitute a state-guaranteed title. It merely provided notice of the transaction and priority based on the date of presentation.

4. Conveyancing Act Regime (1973)

The Conveyancing Act, 1973 (N.R.C.D. 175) attempted to introduce mandatory recording of oral grants under customary law. However, due to a lack of administrative machinery, this provision failed in practice and was later impliedly revoked by the Land Title Registration Law of 1986.

5. Land Title Registration Law / Dual Regimes (1986 – 2020)

To solve the deficiencies of Act 122, the Land Title Registration Law, 1986 (P.N.D.C.L. 152) was introduced. This law created a title registration system designed to confer an “indefeasible” state-guaranteed title.

This era marked the beginning of the “Dual Registration” system. Under Section 135 of P.N.D.C.L. 152:

• Deeds registration (under Act 122) continued in areas not declared as registration districts.
• Title registration (under P.N.D.C.L. 152) occurred only in specific areas designated by the Minister of Lands.

6. Land Act / Multiple Registration Regimes (2020 – Present)

The Land Act 2020 consolidated these laws into a single legislative framework but maintained the multiple regimes. It formalized the three-tier system, ensuring that customary interests are recorded, deeds are registered where title registration is unavailable, and title registration confers indefeasible rights in designated districts.

Key Points: The Three-Tier System of the Land Act 2020

The current legal framework operates on three distinct levels, each serving a specific purpose.

1. Registration of Titles and Interests (Part 5)

This is the “gold standard” of land registration in Ghana. It operates only in Registration Districts declared by the Minister of Lands.

• Eligibility: Allodial owners, customary law freehold holders, usufructuary interest holders, and leaseholders (with at least 3 years remaining) can register.
• Legal Effect: Once registered, the owner receives an indefeasible title (Section 119). The land register becomes conclusive evidence of title (Section 111).
• Scope: Currently, the Greater Accra Region is fully operational. Limited districts exist in Kumasi (Ashanti Region) and Kasoa (Central Region). Together, these cover less than 2% of Ghana’s total land area.

2. Registration of Instruments (Deeds Registration) (Part 6)

For the vast majority of Ghana (approximately 98% of the land mass), the Land Registry Act, 1962 (Act 122) remains applicable.

• Process: Documents such as conveyances, vesting assents, and court certificates are registered at the Deeds Registry.
• Legal Effect: Registration provides priority based on the “first in time” rule but does not guarantee state title. It serves as notice to third parties.
• Risk: Multiple instruments can be registered against the same land, leading to disputes. The court must investigate the underlying validity of the title.

3. Recording of Customary Interests and Rights

This is a unique regime introduced to formalize customary land holdings.

• Authority: Records are kept by Customary Land Secretariats (CLS) representing Stools, Skins, Clans, or Families.
• Function: These records serve as proof of transactions and provide notice to the world.
• Flexibility: A transaction recorded at a CLS can later be re-registered at the Deeds Registry or, if the land falls within a Registration District, at the Title Registry.

Analysis: Legal Implications and Judicial Challenges

The coexistence of these regimes presents complex legal questions for the courts and landowners.

Indefeasibility vs. Investigation

The core distinction between Title Registration and Deeds Registration is the concept of indefeasibility. In Suberu v. Davidson & 13 Ors., the Supreme Court emphasized that an indefeasible title cannot be defeated by prior unregistered interests, barring fraud or mistake. Conversely, under Deeds Registration (Act 122), the court retains the duty to investigate who holds the valid title, as registration alone does not confer ownership.

The “Collision” of Regimes

Confusion often arises when land in a previously “deeds registered” area is declared a Registration District. The Supreme Court in Anthony Wiafe v. Dora Borkai Bortey clarified that:

• Registration under Act 122 remains valid even after an area becomes a Registration District.
• However, to secure the indefeasible protection of the new regime, the holder must re-register under the Title Registration Law (now Part 5 of the Land Act).

Customary Grants vs. Registered Titles

A critical issue is whether a customary law grant can override a registered title. Section 46(1)(f) of P.N.D.C.L. 152 (mirrored in the Land Act) states that rights of a person in actual occupation are overriding interests, provided that if an enquiry was made of that person, the rights were disclosed.

Therefore, a customary grant simpliciter (without actual occupation or disclosure) may not defeat a registered title. This marks a shift from older case laws that heavily favored customary rights regardless of registration status.

Dispute Resolution Mechanisms

Section 98 of the Land Act introduces a mandatory Alternative Dispute Resolution (ADR) precondition for lands in Registration Districts. Before a land dispute can be taken to court in Accra or Kumasi, parties must exhaust ADR mechanisms under the Alternative Dispute Resolution Act, 2010 (Act 798). This does not apply to lands outside registration districts.

Practical Advice for Landowners and Buyers

Navigating Ghana’s land registration system requires diligence and strategic planning.

1. Verify the Location and Regime

Before purchasing land, determine if the property is located in a Registration District (e.g., Greater Accra) or a non-registration district (e.g., most of the Western or Northern regions).

• In Registration Districts: Ensure the seller has a certified Land Title Certificate. The Land Title Registry provides a search facility to confirm there are no competing claims.
• Outside Registration Districts: You are likely dealing with Deeds Registration. Conduct a search at the Deeds Registry, but be aware that a search does not guarantee the seller is the true owner—only that they have registered a document.

2. Understand the Limits of Deeds Registration

If buying outside Accra, Kumasi, or Kasoa, recognize that registering a deed (under Act 122) does not grant you a state-guaranteed title. You rely on the strength of the chain of title from the grantor. Always verify the root of title and ensure the seller has the capacity to sell (e.g., is the family head or validly appointed Stool custodian).

3. Utilize Customary Land Secretariats (CLS)

For customary lands, engage with the local CLS. Recording your transaction there adds a layer of transparency and serves as evidence of the customary grant. This record can later be formalized at the Deeds Registry.

4. Watch for Fraud and Mistakes

Even with Title Registration, fraud can occur. If a title certificate was obtained through fraud or misrepresentation, the court can order its rectification. Ensure your transaction is transparent and, if possible, involve independent surveyors to verify boundaries.

5. Re-registration is Key

If you hold a deed registered under Act 122 in an area that has become a Registration District, consider re-registering under the Title Registry. This upgrades your interest from a mere registered instrument to an indefeasible title.

FAQ: Frequently Asked Questions

Q: What is the difference between Deeds Registration and Title Registration?

A: Deeds Registration (Act 122) records the transaction (the deed) and gives priority based on time, but it does not guarantee that the seller actually owns the land. Title Registration (Part 5 of Land Act) certifies that the individual owns the land, providing a state-guaranteed, indefeasible title.

Q: Is land registration mandatory in Ghana?

A: Yes. Under the Land Registry Act, 1962 (Act 122), the registration of instruments affecting land is mandatory for them to have legal effect (except wills). Under the Title Registration regime, registration is the mechanism to secure the state-guaranteed title.

Q: Can a customary grant override a registered title?

A: Generally, a registered title is indefeasible. However, a prior customary law grant can override a registered title if the holder was in actual occupation of the land and their rights were not disclosed during the registration inquiry, or if the registration was procured by fraud.

Q: Why is only Greater Accra fully operational for Title Registration?

A: Title registration requires extensive cadastral surveys and a high percentage of landowners in a district to register before the system becomes effective. Administrative challenges and funding have limited the expansion of this regime beyond Accra and small pockets of Kumasi and Kasoa.

Q: What is an indefeasible title?

A: It is a title that is secure and cannot be challenged or defeated by prior claims, except in cases of fraud, mistake, or omission as provided by law.

Conclusion

Land registration in Ghana is not a monolithic process but a story of multiple regimes coexisting. The Land Act 2020 has provided a consolidated legal framework, yet the practical reality remains divided between the Deeds Registry (covering 98% of the land) and the Title Registry (covering less than 2%).

For the average Ghanaian, the lack of expansion of Title Registration districts beyond Greater Accra leaves most lands vulnerable to disputes. While Deeds Registration provides some level of notice, it fails to offer the security of a state-guaranteed title.

Until the government expands the registration districts to cover the entire country, landowners must be vigilant. Whether you are in Accra or a rural village, understanding which regime applies to your land is the first step in securing your property rights.

Sources and References

• Statutes:
  • Land Act, 2020 (Act 1036)
  • Land Registry Act, 1962 (Act 122)
  • Land Title Registration Law, 1986 (P.N.D.C.L. 152)
  • Conveyancing Act, 1973 (N.R.C.D. 175)
• Case Law:
  • Suberu v. Davidson & 13 Ors.
  • Ussher v. Darko

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