Ghana Land Registration Challenges from Multiple Systems

Ghana’s land registration landscape is a complex tapestry woven from colonial legacy, post-independence reforms and customary practices. The Land Act, 2020 (Act 1036) currently introduces multiple regimes for land registration comprising deeds registration, title registration and customary law registration.

Essentially, each regime has its own sets of rules, procedures, and implications for landowners and interested parties. In practice, these distinct regimes have sometimes been poorly articulated and appear to be on a collision course; overlooking their distinct characteristics and consequences.

The unified approach has serious implications for land governance in Ghana. This article examines the multiple regimes of land registration in Ghana from the historical, customary, social, statutory and judicial perspectives.

The historical evolution of Ghana’s land registration spans six distinct eras; 1. Pre-colonial Gold Coast Era (Period Prior to 1883), 2. Land Registry Ordinances Regime (Period from 1883 – 1962), 3. Land Registry Act Regime (From 1963 – 1986), 4. Conveyancing Act Regime (Period from 1973), 5. Land Title Registration Law/Dual Registration Regimes (From 1986 – 2020), and 6. Land Act/Multiple Registration Regimes (From 2020).

Prior to 1883, land was held under customary law tenure in the Gold Coast in sub-Saharan Africa. It is assumed that as customary land was undocumented, there was no formal registration system. Land ownership and transactions were thus governed by traditional authorities and witnessed by community members.

The colonial administration undoubtedly introduced land registration in the Gold Coast formally in 1883 through the Land Registry Ordinance, Cap 90. Section 17 of the Ordinance read: Every instrument executed after 24th March 1883 shall, so far as regards any land affected thereby, take effect as against other instruments.

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