19 May Incidents Related To The Issuance Of Land Certificates Under Ghana’s Land Act, 2020 (Act 1036)
Introduction
The Land Act, 2020 (Act 1036) introduces, among other things, a unified and comprehensive framework for land registration in Ghana. Central to this system is the land certificate, a key document evidencing an individual’s title in land. Sections 125 to 129 of Act 1036 outline the legal processes relating to the issuance, substitution, provisional, and surrender of land certificates. In this post, we take a closer look at the key provisions on the issuance of land certificates under Act 1036.
The Issuance of Land Certificates (Section 125)
The process for issuing a land certificate begins once an individual is registered as the proprietor of a parcel of land or a holder of an interest in land.[1] At that point, the Land Registrar is mandated to issue a land certificate to that person.[2]
Each land certificate must be signed and sealed by the Director of the Land Registration Division (LRD) or a Land Registrar authorized by the Director of LRD.[3] Additionally, every certificate is assigned a unique serial number that corresponds with the land in the land register.[4]
In situations where two or more people are registered as joint proprietors or proprietors in common of the same land or interest in land, each person must receive a land certificate.[5] These certificates must clearly indicate the nature of the ownership, including the individual’s interests and whether the parties hold the interests as joint tenants or tenants in common.[6]
When land is acquired during marriage and for valuable consideration, Act 1036 requires that both spouses’ names appear on the certificate.[7] If only one spouse is named, the law presumes that the land is held in trust for the other, to ensure a safeguard for spousal rights in matrimonial property.[8]
Additionally, where land parcels are consolidated or subdivided, the Land Registrar must issue a new certificate to reflect the updated boundaries or ownership structure.[9]
Issuance of New Certificates Following Transfer or Transmission
Whenever there is a transfer of interest or a transmission of ownership, the Land Registrar must issue a new land certificate to the transferee or new holder of title, regardless of whether they acquire the entire parcel or just a part of it.[10] A transfer of interest may be by sale, while a transmission may be by the vesting of interest to a beneficiary by the personal representatives of the previous deceased owner.
Substituted Land Certificates
An original land certificate may be lost, destroyed, or damaged. In such cases, Act 1036 empowers the Land Registrar to issue a substituted certificate, but only after the applicant provides a satisfactory indemnity.[11]
The substituted land certificate must be an exact copy of the original and may be used for all purposes for which the original could be used. It must also clearly indicate that it is a substituted land certificate.[12]
The application for this certificate can be made either by a person with interest in land or someone claiming through him.[13] The Application must be supported by the required evidence.[14] The Registrar is obliged to publish a 14-day notice of the intended issuance in the Gazette and in at least one nationally circulated newspaper.[15]
Once the substituted land certificate is issued, it is recorded in the land register, along with the reasons for its issuance.[16] Importantly, this cancels the original certificate, even if it is later found.[17] If it is found, it must be surrendered to the Registrar.[18] A person who is issued a substitute land certificate must give a written indemnity protecting the Land Registrar and the Lands Commission against any liability that may arise out of the issuance of the substituted land certificate.[19]
Beyond the issuance of substituted land certificates, Act 1036 also provides guidance on how individuals may obtain certified copies of a land certificate. Where the registered owner of the land seeks a copy, they may apply directly to the Lands Commission.[20] However, if the applicant is not the registered owner, he must apply to the court and give notice, seeking an order that permits the issuance of the certified copy.[21]
To safeguard the integrity of the land registration system, the Act imposes strict penalties for misconduct. It is a criminal offence to unlawfully procure a substituted land certificate, such as through misrepresentation or fraud.[22] Similarly, if a substituted land certificate is issued and the original is later found, the law requires the holder to surrender the original to the Land Registrar.[23]
Offenders may be fined between GHS 60,000.00 and GHS 120,000.00 or sentenced to a term of imprisonment ranging from five to ten years, or both.
Provisional Land Certificates
While most land registrations result in the issuance of a land certificate, Act 1036 acknowledges that not all land claims may meet the stringent evidentiary requirements necessary for such issuance. In such cases, the Act provides for the registration of provisional title and issuance of a provisional land certificate.
According to Section 112 of Act 1036, during the examination of a land application, if the Land Registrar determines that an applicant is in possession, or has a right of possession or occupation of a parcel of land but lacks sufficiently good or conclusive title, the Registrar may still register the person with a provisional title. In other words, the law grants the Registrar the discretion to grant the applicant a provisional title as an option.
Once an applicant is granted a provisional title, Section 128 of Act 1036 mandates the issuance of a provisional land certificate to the registered individual. This certificate must be properly signed, sealed, and numbered to match the land register’s entry for that parcel.
Furthermore, upon issuing a provisional certificate, the Land Registrar must make an official entry in the register indicating:
- The date of issuance;
- The fact that it is a provisional certificate, and
- The circumstances under which the certificate was issued.[24]
When a provisional certificate is issued under Act 1036, it does not affect any existing rights or interests in the land that pre-date the provisional registration or that are already recorded in the register.[25] In practical terms, if someone else has an adverse claim, that claim remains fully enforceable, and the provisional title cannot be used to defeat it. Outside of those exceptions, however, holding provisional title is functionally equivalent to holding full title. The provisional proprietor enjoys all the benefits of registration, including the protection and recognition conferred by the land register.[26]
At any time, an application may be made to the Land Registrar once the condition upon which the provisional title was granted has been satisfied to convert the provisional title to substantive title.[27] The Registrar must give notice and, if satisfied that the condition has been met, substitute “substantive title” for “provisional title” in the register.[28]
Moreover, if twelve years have passed since the initial provisional registration, the holder may apply for substitution without the need for further proof. At that point, the title becomes absolute, unless the State holds the provisional title in trust, in which case these provisions do not apply.[29]
Conclusion
Act 1036 provides a more coherent, detailed, and protective framework for the issuance and regulation of land certificates in Ghana. Through Sections 125 to 129, Act 1036 not only formalizes the evidentiary value of these documents but also introduces mechanisms to protect spouses, address joint ownership, handle lost certificates, and guard against fraudulent transactions. For legal practitioners, real estate professionals, and landowners alike, understanding these provisions is essential for navigating Ghana’s land registration system with clarity and confidence.
[1] Land Act, 2020 (Act 1036), Section 125 (1)
[2] ibid
[3] ibid, Section 125 (3)(a)
[4] ibid, Section 125 (3)(b)
[5] ibid, Section 125 (4)
[6] ibid, Section 125 (5)
[7] ibid, Section 125 (6)
[8] ibid, Section 125 (7)
[9] ibid, Section 125 (8)
[10] ibid, Section 126
[11] ibid, Section 127 (1)
[12] ibid, Section 127 (2)
[13] ibid, Section 127 (3)
[14] ibid
[15] ibid, Section 127 (4)
[16] ibid, Section 127 (5)
[17] ibid, Section 127 (6)
[18] ibid, Section 127 (7)
[19] ibid, Section 127 (8)
[20] ibid, Section 127 (9)(a)
[21] ibid, Section 127 (9)(b)
[22] ibid, Section 127 (10)
[23] ibid
[24] ibid, Section 128 (3)
[25] ibid, Section 113 (1)
[26] ibid, Section 113 (2)
[27] ibid, Section 114 (1)
[28] ibid, Section 114 (2)
[29] ibid, Section 114 (3) and (4)