PRESENTED BY PLN.

GIFTY NYARKO

NOVEMBER, 2023.
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 OUTLINE OF PRESENTATION

 MEANING OF LAND (PERSPECTIVE OF LAND ACT, 2020 (ACT 1036)).

 LAND TENURE SYSTEM IN GHANA.
 OWNERSHIP AND USE OF PUBLIC SPACE.
 LAND ACQUISITION.
 LAWS RELATING TO THE ACQUISITION OF LAND IN GHANA.
 THE PROCESS OF ACQUIRING LAND FROM THE GOVERNMENT, PRIVATE ENTITY AND
STOOL/FAMILY.
 THE GENERAL PROCESS OF ACQUIRING LAND IN GHANA.
 LAND ACQUISITION FRAMEWORK IN GHANA.
 CHALLENGES IN THE LAND ACQUISITION PROCESS IN GHANA.

 REFERENCE.

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 MEANING OF LAND?
Land includes a part of the earth surface covered by water, any house,
building or structure whatsoever, and any interest or right in, to or over
immovable property (Land Act, 2020 (ACT 1036))

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 LAND TENURE SYSTEM IN GHANA

 Generally, land belongs to

three categories of people
who are: the living, dead & the
Unborn but the living is a custodian.

 Owner of a land is any person, or

group of people that have reserved
right; legally or customary to use,
convey, lease, or assign a parcel
of land (Gyamera et al., 2017).

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 LAND TENURE SYSTEM IN GHANA

 Ghana has both Statutory and

Customary land tenure systems that
are being run synchronously together.

 The current tenure regime in Ghana

provides for five broad classes of land ownership. These are:
the Stool/Skin Lands, Family Lands, Individual/Private Lands, State Lands and
Vested Lands (Gyamera et al., 2017).

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 OWNERSHIP AND USE OF PUBLIC SPACE
LUSPA ACT 925 SEC 114

 Public space means a generally open area accessible

to and used by the public including resource lands,
urban utility space, riparian buffer zones, natural park
areas, forests, urban parks, recreational areas,
infrastructure right of way, areas of cultural or
historical interests.

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 OWNERSHIP AND USE OF PUBLIC SPACE

 Community right of space or Right of way” includes a

road, street, footpath, pavement, passenger terminal,
parking area, any public right of way, school ground,
hospital ground, open space, cemetery, playing field,
square, durbar ground, market place, public place of
assembly, or any space or ground or area for public or
community use that exist or is so designated in an
approved structure or local plan or under the provision
of any law (Land Use and Spatial Planning Act 925 of
2016).

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 OWNERSHIP AND USE OF PUBLIC SPACE CONT’D

Land Use and Spatial Planning Act 925 of 2016)

SECTION 134
The ownership of a public space in a new town or an extension to an existing
town vests, from the date of approval by the District Assembly of the plans and
diagrams, (a) in the District Assembly; or
(b) in the owner in trust for the District Assembly if the establishment or
extension of the town is by a private person.

SECTION 145
(1)A public open space on a subdivided or consolidated land shall, from the date
of approval by the District Spatial Planning Committee
(a) vest in the District Assembly; or
(b) be reserved or utilised by the District Assembly for purposes prescribed by
Regulations made under this Act or approved in the local plan.
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 LAND ACQUISITION
• Land can be acquired in Ghana by both Ghanaian citizens and
non-citizen.

• But Ghanaians can acquire lands on freehold interest or

leasehold basis for a period of 99 years subject renewal
whereas non citizen can only acquire land on leasehold of not
more than 50 years.

• Land in Ghana can be acquired from the following sources:

a. Government
b. Stool/skin or family
c. Private entity
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 LAWS RELATING TO THE ACQUISITION OF LAND IN
GHANA.
 Land Act , 2020 (Act
1036)

 Local Governance
Act, 2016 (Act 936) –
Section 103(1-3)

 Land Use and Spatial

Planning Act, 2016
(Act 925) – Section
96(1-5)

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 ACQUIRING LAND FROM GOVERNMENT
Public/state lands are acquired from the Government. The process of acquiring
land from the state can be summarised as follows;
a.Identify the need and purpose for the land.

b. Identify the site of interest with the consultation from the Physical Planning
Department of the subject MMDA to know the zoning status (sec 96 of LUSPA act
2016) and the Lands Commission.

c. Obtain a site plan that has been prepared in accordance with the development
plan of the area (extract site plan or cadastral plan) This can be prepared by an
official surveyor, a licensed surveyor or a qualified surveyor confirmed by the
Director of surveys or the Regional surveyor and the local plan extract from the
physical planning department )
d. Conduct an official search from the Lands Commission with the development
plan or a cadastral plan to know the status of the land.

e. Discontinue the process if the search result is not favourable and look for
another land elsewhere.

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 ACQUIRING LAND FROM STOOL/SKIN OR FAMILY

Stool lands or family lands must be acquire from the

chief or the family head respectively acting with the
consent and concurrence of the Elders and Senior
Members of the said stool or family whose consent and
concurrence are attested to in the present by some of
such elders and Senior Members as attesting witnesses
where the content so requires or admits include his
successors in title and assign. The processes involves
summarized as follows;
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 ACQUIRING LAND FROM STOOL/SKIN OR FAMILY
CONT’D
i. Identify the land of interest and the owners.
ii. Identify the site of interest in consultation with the
Physical Planning Department for its intended purpose
and usage.
iii. Obtain a cadastral plan of the site. This can be prepared
by an official surveyor, a licensed surveyor or a qualified
surveyor confirmed by the Director of surveys or the
Regional surveyor or site plan (local plan extract and land
use certificate)
iv. Conduct an official search from the Lands Commission
with the cadastral plan to know the status of the land.
v. Confirm the ownership of the land from the search
report, house of chiefs and the surrounding communities.
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 ACQUIRING LAND FROM STOOL/SKIN OR FAMILY
CONT’D
vi. Discontinue the process if the search result is not
favourable and look for another land elsewhere.
vii. If the search result is favourable, the process is continuing
by negotiating the price and covenants with the owners of the
land.
viii. An indenture is drafted containing all the agreement made
for proofread and necessary corrections.
ix. Four (4) copies of the final indenture and a minimum of ten
(10) copies of the cadastral plan are then signed by the
executers and their witnesses.
x. The documents are taken to court for endorsement.
xi. The next stage is the deed or title registry.
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 ACQUIRING LAND FROM PRIVATE ENTITY

Same processes stated above are followed. However, in

this case, you must inspect owner carefully and make
sure the land is vacant. Validate any site plan that is
provided from the Director of surveys, an official
surveyor, a licensed surveyor or any qualified surveyor.

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 THE GENERAL PROCESS OF ACQUIRING
LAND IN GHANA
STEP ONE (1):

Identify the land of interest by approaching the owner

directly or relying on the services of real estate agents.

STEP TWO (2):

Initial negotiation on the land by discussing issues such as

price, lease duration (if applicable) and other specific
requirements with either the land owner or his/her
representative.
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 THE GENERAL PROCESS OF ACQUIRING
LAND IN GHANA CONT’D
 STEP THREE (3)

Conduct thorough due diligence of the land by engaging a

lawyer and a surveyor to ensure the legal status,
boundaries, existing claims or disputes and any
encumbrances pertaining to the land.
 STEP FOUR (4)
Engage a professional valuer fro the purposes of land
valuation and agreement to determine the fair market price
of the land to aid a consensus of the price or lease terms
with the landowner.
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 THE GENERAL PROCESS OF ACQUIRING
LAND IN GHANA CONT’D
 STEP FIVE (5):
Drafting and signing of contract by engaging a lawyer for a
detailed agreement that includes issues such as parties
involved, duration of lease (if applicable),payment terms
and other relevant permissions or restrictions.
NOTE: Sign the contract only when there is a consensus
between both parties.

 STEP SIX (6)

Registration of the land with the Ghana Lands Commission
through the submission of required documents and
payment of statutory fees to ensure legal ownership and
protection of your rights
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 THE GENERAL PROCESS OF ACQUIRING
LAND IN GHANA CONT’D
 STEP SEVEN (7):

Fulfil the agreed payment obligations for the transfer of

ownership rights per agreed terms in the form of deed
of assignment or other necessary documents.

 STEP EIGHT (8):

Take necessary steps to develop the acquired land after

obtaining statutory permits, approvals or licences
depending on intended use of the land.
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 THE GENERAL PROCESS OF ACQUIRING
LAND IN GHANA CONT’D
It is advisable to seek legal advise or
consult the Ghana Lands
Commission for detailed guidance
and any legal requirements since
specific process may vary depending
on the location, type of land
acquisition (purchase or lease) and
the nature of the land ownership
(Stool/Family, State or Private).
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 LAND ACQUISITION FRAMEWORK IN GHANA

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 CHALLENGES IN THE LAND ACQUISITION
PROCESS IN GHANA.
 General indiscipline in the land market (e.g. Land encroachment,

multiple sale of land, unapproved development schemes and

haphazard development.
 Indeterminate of boundaries of stool lands.

 Inadequate security of tenure (due to lack of reliable plans, use of

unapproved, old and inaccurate maps and that of quack surveyors.

 Inadequate stakeholder consultation (irresponsible land governance)

 Inadequate and delays in compensation of state acquired lands and

sometimes no compensation.

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 SITE PLAN( LOCAL PLAN
EXTREACT

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 LAND USE CERTIFICATE

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 INDENTURE

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 PLOT ALLOCATION LETTER

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 PLOT ALLOCATION FORM

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 LEASE

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 CONSEQUENCES FOR ALLOCATION OF
LAND CONTRARY TO LOCAL PLAN
 Non-conforming land allocations and transactions 103.
(1)An allocation of land shall be null and void if the
purpose or use for which the allocation is made is
contrary to an approved Development Plan.

 (2) A landowner shall not sub-divide or allocate land

for use, development or occupation in a town, city or
the suburb of a town or city or in an area where there
is an approved planning scheme except in
consultation with the District Planning Authority or a
sub-district acting on behalf of the District Planning
Authority

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 CONSEQUENCES FOR ALLOCATION OF
LAND CONTRARY TO LOCAL PLAN
 . (3) A person who allocates, transfers, sells or
develops land for a use or a purpose that is contrary to
an approved development plan, settlement structure
plan, action plan or programme, commits an offence
and is liable on summary conviction to a fine of not
less than two hundred penalty units and not more than
four hundred penalty units or to a term of
imprisonment of not less than three months and not
more than six months or to both the fine and term of
imprisonment.

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 REFERENCE
 Gyamera, E. A., Duncan, E. E., A., Kuma, J. S. Y &
Arko-Adjei, A. (2018). Land Acquisition in Ghana;
Dealing with the Challenges and the Way Forward.
Journal of Agricultural Economics, Extension and
Rural Development: ISSN-2360-798X, Vol. 6(1): pp, 664-
672.

 Land Act, 2020 (Act 1036)

 Land Use and Spatial Planning Act, 2016 (Act 925)

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