Maps, conflicts hindering land titling in Ghana-Kwame Gyan
“Ghanaians have to understand that titling is not a process you can commence today and finish the same day. We must give ourselves the next 100 years so it can be done properly and well,
A law lecturer and private legal practitioner, Kwame Gyan has indicated that the effort in registering and titling lands in Ghana has been slowed by a lack of maps and rampant land disputes, especially in Accra.
According to him, per the LAND TITLE REGISTRATION ACT 1986(PNDCL 152), a particular area was to be declared as a title registration District before issuing land title to any person in that area.
However, a sporadic registration of Lands was practiced. Thus slowing down the process of registering and titling Lands.
“Our first problem with the registration has to do with maps because surveys are quite expensive so the surveys were not completed as scheduled,” he noted.
“Another issue has to do with conflicts. From time to time, you will hear one chief or another claiming ownership to a particular stretch of land, which creates problems. Thus after the smooth take-off of the registration, then they come in with a caveat. Thus halting the process,” he added.
Background
Ghana practiced Deeds Registration under the Registration Ordinance of 1883, Land Registry Ordinance of 1895, and Land Registry Act 1962, ACT 122.
Deed Registration did not provide for accurate maps, there are incidences of double registration of the same parcel/piece or land.
Land ownership in Ghana is characterized by indeterminate boundaries of land-owning groups leading to conflicts and litigations.
These necessitated the introduction of Title Registration in 1986 to help resolve the problems and improve the security of tenure.
The Land Title Registration was introduced in Ghana by the promulgation of the Land Title Registration Law 1986 (PNDCL. 152) and the Land Title Regulation, 1986 L.I. 1241.
It was to provide machinery for the registration of title to land and interests in land. Title Registration has a two-fold purpose, first to give certainty and facilitate proof of title.
Secondly, to render dealings in land safe, simple, and cheap as well as prevent fraud on purchasers and mortgagees.
Speaking on Neat FM on Thursday, October 7, 2021, Mr. Gyan further noted that since the process of Land titling began, it is only the Greater Accra Region and some parts of Kumasi that have Land titling.
He however advised Ghanaians to be patient as the process goes on indicating that even the United Kingdom has not completed its process of Land titling after almost 100 years of initiating the process.
“Ghanaians have to understand that titling is not a process you can commence today and finish the same day. We must give ourselves the next 100 years so it can be done properly and well,” he ended.
