The Legal Effects Of Registration Of Titles To Land In Ghana

Introduction
Land matters is not limited to only lawyers to know the right or interest in land. Non-lawyers such as ordinary citizens and law students need to know the legal effects of registration of titles to land in Ghana to advice their family members in order not to be victims of the above. Land ownership is one of the legal difficulties to understand by many Ghanaians hence, the concept of register of land ownership is the best solutions to that effect. Therefore, LAND ACT, 2020 (ACT 1036) is currently the right and valid system of land registrations of title to land in Ghana which is capable of determine the ownership and resolving issues of priorities with regards to interest in land.

UNDER THE LAND ACT, 2020 (ACT 1036)
In Chapter Four (4) of the Land Act, 2020 (Act 1036) herein referred to Act 1036 deals with the Land Recording and Registration in Ghana. Indeed, the purpose of land recording and title Registration is to further increase or intensify the security of Registered lands in Ghana. One of the reasons why you need to know about land title registration is that, “it provides a definitive record of ownership”^{<[a href="#_ftn1" name="_ftnref1" style="color:#0563c1; text-decoration:underline" title="">[1]]} and also, Land title registry is to indicate who is currently the owner of that land including your name and all the information of such land.

Land Recording and Registration in Ghana

In section 80 of Act 1036 provides that: (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. In view of the above sections my concentration will be on section 80 (2) (c) of Act 1036.

Registration of title, interests and rights in land in Ghana

Title Registration is to vest the legal ownership of the land in that person. If you buy a plot of a land from any person doesn’t makes you a legal ownership in such land. Talking about title registration and its legal effects is that, any person who registered his/her land title enjoyed the absolute ownership, and absolute title is the highest way of proving legal ownership in land. See in section 83 of Act 1036 with regards to qualification for title registration which provides that:

1. A person, or stool or skin, or clan or family qualifies to register land in the name of that person, or stool or skin, or clan or family if that person or stool or skin, or clan or family (a) is the allodial owner; (b) holds a common law freehold; (c) holds a customary law freehold; (d) holds a usufructuary interest; (e) holds a leasehold interest, of which more than three years are unexpired; or (f) holds a customary tenancy. Clearly, you cannot qualify to register if you are not holding any of the above mentioned.

A Title by registration
The ordinary people of Ghana should simply know that land title registration is very vital to the development of Ghana rather than claiming ownership and possession or interest in land without land title registration. The proprietorship register gives the name and address of the registered owner, the nature of the estate’s title, any restrictions on the ownership ^{<[a href="#_ftn2" name="_ftnref2" style="color:#0563c1; text-decoration:underline" title="">[2]]}. However, the registered proprietor with absolute title has a better right than anyone else to the land ^{<[a href="#_ftn3" name="_ftnref3" style="color:#0563c1; text-decoration:underline" title="">[3]]}. In Section 119(1) of the Lands Act 2020 Act 1036 states: -

“119(1) subject to subsection (2), (3) and (4) and to Section 118, the rights of a registered proprietor of a parcel of land whether acquired on first registration or subsequently or by an order of a Court, are indefeasible and shall be held by the proprietor together with the rights and privileges attaching to the parcel of land free from all other interest and claims. Herein, indefeasible simply means a right that cannot be revoked. In the recent case Nelson Sowah Klu v. Kojo Asiamah, Madam Alice and Madam Rucky Quaye ^{<[a href="#_ftn4" name="_ftnref4" style="color:#0563c1; text-decoration:underline" title="">[4]]} applied.

Also, in the land title registration Act, 1986 (PNDCL 152) which was repealed by the Land Act, 2020 (Act 1036) in section 23 (4) (a) of this Act 152, clearly provides that : a person claiming to be a proprietor of land has a good title to the land referred to in the claim and that another person has not acquired a title inconsistent with that of the claimant of the land under a law or has acquired proprietorship of that land by prescription, the land registrar shall record that person as the proprietor with absolute title of the land and declare the title to be absolute. Reading section 23 (4) (a) of Act 152 and the current Land Act 1036 in section 111 (1) provides that: An entry in the land register shall be conclusive evidence of title of the holder of the interest specified in the land register. In view of the above authority clearly shows that how important as a citizen to registered your land or proprietorship register. In SULEMAN SUBERU (SUING PER HIS LAWFUL PLAINTIFF/RESPONDENT/APPELLANT ATTORNEY AMINA SUBERU MRS.) v. MRS ESI DAVIDSON & 13 OTHERS, MARTHA DAVIDSON (SUBST. BY EMMANUEL DAVIDSON DEFENDANT/APPELLANT/RESPONDENT SUBST. BY SANDRA DAVIDSON) ^{<[a href="#_ftn5" name="_ftnref5" style="color:#0563c1; text-decoration:underline" title="">[5]]}, in the CONCURRING OPINION AMEGATCHER JSC established that, an important feature in the system of land title registration is the ‘conclusiveness of the register’ and ‘indefeasibility of title.’

In Brown v. Quarshigah ^{<[a href="#_ftn6" name="_ftnref6" style="color:#0563c1; text-decoration:underline" title="">[6]]} held: “Under sections 43(I)-(4) and 48 of the Land Title Registration Law, 1986 (PNDCL 152), the rights of a registered proprietor of land acquired for valuable consideration or by an order of a court shall be indefeasible and shall be held by the proprietor together with all privileges and appurtenances attaching thereto free from all other interests and claims whatsoever. An indefeasible title meant a complete answer to all adverse claims on mere production of the certificate”. The legal position of Land registration is very clear and there is a need for purported land owners to register their lands under the Current Land Act 1036.

Qualification for title registration
In section 83 (1) of Act 1036 provides that: (1) A person, or stool or skin, or clan or family qualifies to register land in the name of that person, or stool or skin, or clan or family if that person or stool or skin, or clan or family

1. is the allodial owner; (b) holds a common law freehold; (c) holds a customary law freehold; (d) holds a usufructuary interest; (e) holds a leasehold interest, of which more than three years are unexpired; or (f) holds a customary tenancy. Therefore, only the above mention is qualified for title registration in Ghana under the current land Act 1036.

In the above section established who qualify to register land as Proprietor. Proprietor is the legal owner to the land and he has legal right to title to the land, under PNDCL 152 in section 19 clearly established who should be registered as proprietor of land such as allodial owner, customary law freehold…… In the current Land Act 2020 (Act 1036) section 83 applies.

The Land Certificate in Ghana
In Ghana, the registered proprietor of land is required by law to be issued a land certificate. In section 125 of Act 1036 provides that: (1) The Land Registrar shall, on registration of a person as proprietor of land or holder of an interest in land, issue a land certificate to the person. Clearly, the land certificate only issued to persons who registered their interest in land or title registration in Ghana. Note, the land certificate is evidence of title in land. In the case of APPOLO CINEMAS ESTATES (GH) LTD v CHIEF REGISTRAR OF LANDS AND OTHERS <[a href="#_ftn7" name="_ftnref7" style="color:#0563c1; text-decoration:underline" title="">[7]^], it was established that, a purchaser of land from a vendor who had obtained a registration certificate on the land would acquire a valid title to the land only if the legal estate had been vested in him and he was a bona fide purchaser for value without notice of any encumbrance. Hence, land certificate is evidence of title in land or legal title to it. Per Acquah JSC in the case of REPUBLIC v COURT OF APPEAL; EX PARTE LANDS COMMISSION (VANDERPUYE ORGLE ESTATES LTD, INTERESTED PARTY) ^{<[a href="#_ftn8" name="_ftnref8" style="color:#0563c1; text-decoration:underline" title="">[8]]}, established that, a statutory duty should be performed without unreasonable delay. Herein, registered proprietor is entitled to issued a land certificate because is a statutory duty without unreasonable delay.

Also, in section 125 (4) and (5) of Act 1036 where two or more persons are registered as joint proprietors or proprietors in common of the same land or interest in land, each proprietor shall be issued with a certificate. And (5) A certificate issued under subsection (4) shall indicate the proprietors, the proportions of interests of the proprietors and whether the proprietors hold the interests as joint tenants or tenants in common. Therefore, two or more persons as joint proprietors in land each should issued with a land certificate is vital to the people of Ghana because land certificate is evidence of title in land in Ghana.

Again, in subsection (6) of section 125 of Act 1036 provides that: 6) Where a certificate in respect of land or an interest in land is acquired for valuable consideration during marriage, the certificate shall bear the names of the spouses in the marriage. And (7) Where only one spouse is stated in the certificate as the proprietor of land or an interest in land referred to in subsection (6), that spouse shall be presumed to be holding the land or interest in land on behalf of that spouse and in trust for the other spouse.

To conclude, the verification of vendor’s title is very important to every purchaser because is to protect the title of the purchaser. Always asked yourself who was the owner of the land? If Sarah wished or want to buy a land from Fatima, there is a need for Sarah to check in the register to see whether or not Fatima is the registered as the owner of the land. All this is to protect Sarah in order to obtain legal title to the land. In WEST AFRICAN ENTERPRISES LTD v WESTERN HARDWOOD ENTERPRISE LTD ^{<[a href="#_ftn9" name="_ftnref9" style="color:#0563c1; text-decoration:underline" title="">[9]]}, it was held that: The maxim was that a purchaser of land had no right to remain in ignorance of the fact that what he was buying belonged to someone other than the vendor. Accordingly, a purchaser of land who failed to conduct a thorough investigation into the vendor’s title did so at his own risk, for he would be bound by all the equities.

The reader should be able to read Land Dispute Resolution in the current Land Act 2020 (Act 1036) in Ghana. Thank you for reading and I am available for further interactions and your legal contributions.

WRITER: DAHAMANI MOHAMMED
INSTITUTION: KINGS UNIVERSITY COLLEGE
FACULTY OF LAW. LEVEL 400 LAW STUDENT.
TEL: 0551003466
GMAIL: [email protected]

[1] Land Law by John Stevens and Robert Pearce 3rd Ed. Sweet & Maxwell’s Textbook series

[2] Essential Land Law 2^nd ed. By Iris Williams

[3] Macmillan Law Masters Land Law 3rd ed, by Kate Green

[4] SUIT NO.: LD/0849/2019

[5] CIVIL APPEAL NO. J4/28/2021

[6] (2003-2004) SCGLR 930, per Kludze JSC

[7] [2003-2005] 1 GLR 167

[8] [1999-2000] 1 GLR 7

[9] [1995-96] 1 GLR 155