Land title registration in Ghana is the process by which the Land Registry, which is under the jurisdiction of the Lands Commission records land titles and interests in land to establish legal ownership by this, the state endorses a person’s ownership of land and further makes that endorsement public.
The entire process is governed by the Lands Act, 2020 (Act 1036).
One of the key objectives of the Lands Commission is to provide a secure and reliable system for verifying, and protecting land owners. Registering a person’s interest in land gives certainty and facilitates proof of the person’s title. Secondly, it renders dealings in land safe, simple and cheap as well as prevents fraud on purchasers and mortgagees.
In Ghana, there are two types of registration; Deeds Registration and Land Title Registration. A deed is simply a document by which ownership of a property is transferred from one party to the other. It may be an indenture, site plan, hand written transaction, etc. Registration of any such document is what is referred to as Deeds Registration. Under Deeds Registration, the Lands Commission does not verify or contest the deed presented to it for registration. The Lands Commission does not therefore guarantee the interest of the person whose deed is registered in respect of a particular parcel of land. A search from the Lands Commission in respect of such land will merely confirm that the deed of a particular person has been registered. Registration of lands in all parts of Ghana except the Greater Accra Region and portions of the Ashanti Region are done under the Deeds Registry. There are real challenges to registration under the Deeds Registry. Land Title Registration was brought to cure the ills of Deeds Registration.
Under Land Title Registration, the state registers a person’s interest and title to land. The State, under land title registration, guarantees the interest of the person in whose name the land is registered. Land Title Registration therefore confers a state guaranteed interest.
To register land in Ghana, the following steps are typically followed:
Title Search: A title search is conducted at the Land Registry to verify the status of the land. This involves checking for any existing claims or encumbrances on the property.
Preparation of Documents: The necessary documents, including the deed of conveyance or lease, survey plans, and any other supporting documents, are prepared.
Application Submission: The applicant, usually the buyer or the person with an interest in the land, submits the application form along with the required documents to the Land Registry.
Examination and Approval: The Land Registry examines the application and documents submitted. If found satisfactory, the application is approved.
Valuation and Payment of Fees: A valuation may be conducted to determine the appropriate stamp duty and registration fees. The applicant pays these fees at the Land Registry.
Where the registration is being done under the Land Title Registration, the following are also done
Publication: Upon payment of the required fees, the land details are published in the Land Gazette/newspaper of public circulation for public notice.
Issuance of Title: After the notice period expires, and no objections are raised, a land title certificate is issued to the applicant as proof of ownership.
It is important to note that failure to register your land can lead to land ownership issues.