Double Land Registration in Ghana is Baffling- Lands Minister

The Minister of Lands and Natural Resource, Samuel Abu Jinapor has described double land registration in Ghana by the Lands commission as unacceptable and is optimistic that the new land law, Land Act, 2020 (Act 1036) will help curb this uncivilized conduct. The honorable Minister stated this at the National Symposium on the new Land Act, 2020 (Act 1036) which was held in Accra last week.

He said this symposium will lay an important foundation to catapult urgent land reforms in the land sector to achieve the setout objectives of the new Land Act.

“The object of the Act is not just the harmonization and consolidation of laws relating to land but also to ensure sustainable administration and management of effective and efficient land tenure in Ghana,” the minister said.

He explained that the move by Lands Commission to digitize land registration in Ghana will help deal with problems in acquiring lands. This digitization will reduce the bureaucracy and ensure a maximum of one month in Land registration in the country.

The new Act consolidates the existing laws on land and land administration into a single Act; some of these features which are necessary to understand the growing land laws in Ghana include.

Ghana’s new Land Act, 2020 (Act 1036) (“the Land Act”) brings innovation to the land administration in the country by helping to inform the public about their rights and interests in acquiring and possessing land; by improving the tenure security of interests in land ownership; and by enhancing public accountability in land administration. 

The Act has introduced electronic conveyancing where land or interests in land can now be transferred by an electronic information system. This system will only be available to qualify legal practitioners whose access will be determined by the Lands Commission after an assessment as to whether they possess the equipment and facilities to provide the conveyancing services.

The Act creates a Customary Land Secretariat which imposes an obligation on stools, skins, clans, or families to establish a Customary Land Secretariat for the management of their respective lands. The Land Act sets out guiding provisions that detail the structure, functions, staffing, powers, and source of funds of these Customary Land Secretariats.
The Customary Land Secretariat will play a notable function of keeping and maintaining accurate and current records of land transactions within their respective areas of operation. The Land Act, however, does not provide any punitive measures for failure to adhere to this provision.

Source: Abdul-Razak Mohammed (Real Estate Times Africa)

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