Gender and Land Rights Database

Ghana

Legislação de Direito das terras

 

Administration of Land Regulation, 1962, amended by the Lands (Miscellaneous Provisions) Act, 1963:
 - Provides for the administration of Stool and other lands.
 - Section 31 defines Stool lands as land controlled by any person for the benefit of the subjects or members of a Stool clan, company or community and all land in the Upper and Northern Regions other than land vested in the President.
 - Section 4 contains procedures to determine the extent of interest that a Stool has in land.
 - Section 7 states that the President has the power to vest in him in trust any Stool land if it is in the public interest to do so.
 - Section 10 specifies that the President may similarly authorize the occupation and use of any land to which the Act applies which is conducive to the public welfare (19).

The State Lands Act, 1962:
 - Section 1 provides that, in the national interest, the President may declare land to be required in the public interest. On publication of an instrument made for the acquisition, the land shall vest in the President on behalf of the Republic.
 - Section 4[1] provides that the Minister shall pay compensation or shall offer land of equivalent value.
 - Section 4[2] states that disputes that arise may be referred by the Minister to the Tribunal accordingly established.
 - Section 5 states that the President may grant a lease or a license in respect of land acquired under this Act (19).

The Public Conveyancing Act, 1965:
 - Section 1 empowers the President to declare, in the public interest, any area of state or stool land to be selected land and to grant land in a selected area, on specific terms and conditions, to persons indicated in the Act.
 - Section 2[1] states that the title in land may be assigned to: persons deprived of the use of their land by reason of a natural catastrophe or forced to abandon the land by reason of specified legal action; persons that wish to settle in a land reclamation area or a planned irrigation area; and persons who wish to carry out husbandry in an area planned for that purpose.
 - Section 2[2] provides that the right to land acquired under the Act may not be transferred except with the written consent of the Minister.
 - Section 3[1] specifies that a plan shall be prepared for each selected area (19).

The Provisional National Defense Council (PNDC) Proclamation, 1982
 - Obliges the chiefs to submit all customary land transactions involving cash or in-kind transfers for approval to the Land Commission. The aim of the Proclamation is to reduce some of the powers of local chiefs’ through legislation (12).

The Land Title Registration Act, 22 April 1986 (PNDC Law 156), amended in 2007:
 - Requires all persons with claim to a piece of land to register it in the local registry beforehand, in order to overcome insecurity of titles in the customary system and claims over entitlement to land.
 - The law, which includes freehold, usufruct, lease and tenancy agreements, aims to provide certainty to land titles, and to make transactions safer by limiting frauds and reducing legal actions (14).

Sources: numbers in brackets (*) refer to sources displayed in the Bibliography