ACTS OF GHANA

LAND TITLE REGISTRATION LAW, 1986 (PNDCL 152)

ARRANGEMENT OF SECTIONS

Section

PART I—ESTABLISHMENT OF LAND TITLE REGISTRY AND APPOINTMENT OF OFFICERS

1. Establishment of Land Title Registry

2. Seals of Registry offices

3. Appointment of Chief Registrar of Lands and Land Registrars, etc.

4. Appointment of other officers and employees

PART II—COMPILATION OF THE REGISTER

Sub-Part I—General Provisions

5. Declaration of registration districts

6. Demarcation and survey of boundaries

7. Division of registration districts into sections

8. Functions of the Chief Registrar of Lands

9. Powers of the Land Registrars

10. Establishment of Title Registration Advisory Board

11. Chief Registrar of Lands to give notice of registration districts

12. Staying of land suits

13. Compilation of register of lands in respect of which instruments have been registered under Act 122, etc.

14. Time and manner of first registration

15. Description of lands affected by any dealings

16. Form of register

17. Cancellation of obsolete entries

18. Conclusiveness of the register

19. Who may be registered as proprietor of land; registrable interests.

20. Power of Land Registrar to reject application for first registration, etc.

21. Land Registrar to notify grounds of refusal to register, etc.

Sub-Part II—Adjudication of Title

22. Establishment of Land Title Adjudication Committees

23. Claims

24. Notice of survey and demarcation of land in registration districts.

25. Notice of commencement of demarcation

26. Surveyor to ensure demarcation of boundaries

27. Rules to be followed by Adjudication Committee

28. Adjudication record

29. Notice of completion of the adjudication record

30. Objections

31. Procedure for hearing objections

32. Correction of the adjudication record

33. Finality of Adjudication record

PART III—MAPS, PARCELS AND BOUNDARIES

34. Registry map

35. Alteration of registry map and preparation of new editions

36. Further surveys

37. General boundaries

38. Fixed boundaries

39. Maintenance of boundary features

40. Interference with boundary features

41. Combination and subdivision of parcels

42. Change of layouts of contiguous parcels

PART IV—EFFECT OF REGISTRATION

43. Indefeasibility of title

44. Effect of registration with provisional title

45. Conversion of provisional title into absolute title

46. Overriding interests

47. Interests conferred by registration

48. Voluntary transfer

49. Acquisition of title by the State in respect of unclaimed land or interest

50. Entries to constitute actual notice

PART V—CERTIFICATES AND SEARCHES

51. Land certificates

52. Creation of new folios and issue of new land certificates

53. Substituted land certificates

54. Provisional certificates

55. Land certificates to be produced and noted on dealings

56. Searches and copies

57. Evidence

PART VI—DISPOSITIONS

Sub-Part I—General Provisions

58. Disposition of registered land and interests in land

59. Protection of persons dealing with registered land

60. Time-limit for registration of instruments

61. Power to compel registration

62. Priority of registered interests

63. Stay of registration

64. Merger of registered interests

Sub-Part II—Leases

65. Form and registration of leases

66. Lessor's consent to assignment of lease

67. Lease granted in breach of an obligation

68. Variation and extension of leases

69. Substitution of leases

70. Surrender of leases

71. Determination of leases

 Sub-Part III—Mortgages

72. Form and effect of mortgages

73. Mortgagee's consent to transfer

74. Variation of mortgage

75. Second and subsequent mortgages

76. Further advances

77. Discharge of mortgage

78. Satisfaction of mortgage

Sub-Part IV—Transfers

79. Transfers

80. Conditions of transfers not registrable

81. Order of the Court transferring or vesting land or interest in land to be entered in land register

82. Transfer of parts of lands

Sub-Part V—Easements, Restrictive Agreements, Profits, and Licences

83. Registration of easements

84. Registration of restrictive agreements

85. Registration of profits

86. Release and cancellation of easements, profits and restrictive agreements

87. Licences

Sub-Part VI—Co-proprietorship and Partition

88. Registration of more than one proprietor

89. Partition of land and interests held in joint proprietorship or proprietorship in common; severance of joint proprietorship.

90. Power of Land Registrar to order sale

91. Procedure where share of land to be partitioned is small

PART VII—INSTRUMENTS AND AGENTS

92. Form of instruments

93. Execution of instruments

94. Verification of execution of instruments

95. Stamps

96. Disposal of instruments

97. Infants

98. Agents and persons under disability

99. Gift to a person under disability

100. Registration of powers of attorney

101. Effect of registered powers of attorney

PART VIII—TRANSMISSION AND TRUSTS

102. Transmission on death of joint-proprietors

103. Transmission on death of sole proprietor or proprietors in common.

104. Transmission on death of a proprietor

105. Transmission in bankruptcy or insolvency

106. Liquidation

107. Transmission in other cases

108. Trusts

109. Survivor of trustees

110. Registration of Stools and families

PART IX—RESTRAINTS ON DISPOSITION

111. Caveats

112. Notice and effect of caveats

113. Withdrawal and removal of caveats

114. Further caveats in respect of the same matter

115. Wrong caveats

116. Land Registrar to give notice of intention to register instruments affected by caveat

117. Lapsing of caveats

118. Restrictions

119. Notice and effect of restriction

120. Removal and variation of restriction

PART X—RECTIFICATION AND INDEMNITY

121. Rectification by the Land Registrar

122. Rectification by Court

123. Right to indemnity

124. Amount of indemnity

125. Procedure of claiming indemnity

126. Recovery of indemnity paid

127. Errors in survey

PART XI—MISCELLANEOUS

128. Protection of officers

129. Fees

130. Offences

131. Appeals

132. Effect of appeals on registration

133. Chief Registrar to state special case to the High Court

134. Regulations

135. Application

136. Conflict with other laws

137. Law to bind the Republic

138. Repeals

139. Interpretation

IN pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981, this Law is hereby made:

PART I—ESTABLISHMENT OF LAND TITLE REGISTRY AND APPOINTMENT OF OFFICERS

Section 1—Establishment of Land Title Registry and Appointment of Officers.

(1) There shall be established a Land Title Registry (in this Law referred to as "the Registry") with offices at such place or places as the Provisional National Defence Council Secretary responsible for Lands (in this Law referred to as "the Secretary") may from time to time by legislative instrument determine on the advice of the Title Registration Advisory Board established under section 10 of this Law (referred to in this Law as "the Board").

(2) There shall be kept and maintained in every Registry office established under subsection (1) of this section the following—

(a)  a register which shall constitute the land register;

(b) a map to be known as the registry map;

(c) parcel files containing the instruments which support subsisting entries in the register and any filed plans and documents;

(d) a book to be known as the presentation book in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the Registry;

(e) an index arranged in alphabetical order of the names of the proprietors of land and interests in land, showing the numbers of the parcels of which they are proprietors or in which they hold interests; and

(f) a register and a file of powers of attorney.

Section 2—Seals of Registry Offices.

Every Registry office shall have a seal and every instrument purporting to bear the imprint of such a seal shall be admissible in evidence and, unless the contrary is shown, shall be deemed without proof to have been issued by an order or under the direction of the Chief Registrar of Lands appointed under section 3 of this Law.

Section 3—Appointment of Chief Registrar of Lands and Land Registrars, Etc.

(1) There shall be a Chief Registrar of Lands (referred to in this Law as "the Chief Registrar"), who shall be appointed by the Provisional National Defence Council in consultation with the Public Services Commission.

(2) The Chief Registrar shall be assisted in the performance of his functions under this Law by Land Registrars and Assistant Land Registrars (referred to in this Law as "Land Registrars") all of whom shall be appointed by the Provisional National Defence Council in consultation with the Public Services Commission.

Section 4—Appointment of Other Officers and Employees.

The Secretary shall in consultation with the Public Services Commission appoint such other officers and employees as may be necessary for carrying out the provisions of this Law.

PART II—COMPILATION OF THE REGISTER

Sub-Part I—General Provisions

Section 5—Declaration of Registration Districts.

The Secretary may by legislative instrument declare any area specified in the instrument to be a registration district.

Section 6—Demarcation and Survey of Boundaries.

(1) Where an area is declared a registration district under section 5 of this Law, the Chief Registrar, if he deems it fit so to do, may in consultation with the Director of Surveys direct that the boundaries of any land in the registration district to which the declaration relates be demarcated or that a survey be made of such boundaries or both.

(2) The Chief Registrar may, in consultation with the Director of Surveys, direct any official or licensed Surveyor or his agents and workmen to enter upon any land which he is appointed to demarcate or survey within a registration district and may make all enquiries or do or cause to be done all things necessary for effecting the land demarcation of the boundaries and survey of such land.

Section 7—Division of Registration Districts into Sections.

The Chief Registrar may divide a registration district into registration sections.

Section 8—Functions of the Chief Registrar of Lands.

The Chief Registrar shall be charged with the overall responsibility for the administration of the Registry established under section 1 of this Law and for the compilation and maintenance of the register and all other records kept in the Registry offices.

Section 9—Powers of the Land Registrars.

(1) Subject to section 8 of this Law, the Land Registrar in the performance of his functions under this Law shall exercise all or any of the following powers—

(a) he may require any person to produce any instrument, certificate or other document or plan relating to the land or interest in land to be registered;

(b) he may summon any person to appear and give any information or explanation in respect of any interest in land to be registered under this Law and such person shall appear and give such information or explanation;

(c) he may refuse to proceed with any registration if any instrument, certificate or other document, plan, information or explanation required to be produced or given is withheld or any act required to be done under this Law is not done;

(d) he may refuse to proceed with any registration where he has reasonable cause to believe that the State or any person who is a minor, or of unsound mind or under other disability or who is absent from Ghana will be adversely affected or for the prevention of any fraud or improper dealing with any land or interest in land.

(2) If any person disobeys any order of the Land Registrar made in pursuance of this section, the Land Registrar may certify such disobedience to the High Court, and thereupon such person may be dealt with by the Court as if the order made by the Land Registrar were the order of the court.

Section 10—Establishment of Title Registration Advisory Board.

(1) There is hereby established a Title Registration Advisory Board (referred to in this Law as "the Board").

(2) The Board shall consist of —

(a) a Chairman;

(b) the Chief Registrar;

(c) the Chief Lands Officer;

(d) the Director of Surveys; and

(e) one other person.

(3) The Chairman and the other person referred to in paragraph (e) of subsection (2) of this section shall be appointed by the Secretary.

(4) Subject to other functions that may be assigned to it from time to time, the Board shall advise the Secretary on all matters relating to the administration and implementation of the provisions of this Law.

Section 11—Chief Registrar of Lands to give Notice of Registration Districts.

Subject to section 13 of this Law, upon the declaration of a registration district the Chief Registrar shall, within fourteen days of the declaration, issue in respect of that district a notice in which he shall—

(a) specify the situation and limits of the registration district;

(b) require any person who claims to be the proprietor of any land or of any interest in any land within the registration district to make a claim thereto either in person or by an agent within such period and at such place and in such manner as may be specified in the notice;

(c) require all claimants to any land or to any interest in land within the registration district to mark or indicate the boundaries of the land in such manner as shall be specified in the notice.

Section 12—Staying of Land Suits.

(1) No action concerning any land or interest therein in a registration district shall be commenced in any Court until the procedures for settling disputes under this Law have been exhausted.

(2) Where at the time of the publication of a notice under section 11 of this Law an action or proceeding concerning any land or interest therein in a registration district referred to in the notice is pending in any Court or before the Stool Lands Boundaries Settlement Commission or the Stool Lands Boundary Appeal Tribunal, any claim under this Law in respect of the same land or interest shall be noted by the Land Registrar but no further action shall be taken by him on such claim until the matter is determined by the Court, Commission or Tribunal.

Section 13—Compilation of Register of Lands in Respect of which Instruments have been Registered Under Act 122, Etc.

(1) Upon the declaration by the Secretary of a registration district the Land Registrar shall, in relation to every land situated in that district, in respect of which an instrument has before the date of the declaration been registered under the Land Registry Act, 1962 (Act 122)—

(a) prepare a list in the prescribed form, within ninety days, showing all instances of proprietorship of any land or interest in land evidenced by such instruments and in respect of which no conflicting claims either appear from any registered instrument or have been made in response to the notice issued under section 11 of this Law;

(b) serve on any person named as a proprietor of land or an interest in land in the list prepared in accordance with paragraph (a) a notice of his intention to register such person as proprietor of the land or interest in land under this Law after a specified date.

(2) Where there are conflicting claims in respect of any land referred to in subsection (1) of this section the matter shall be referred to the Adjudication Committee established under section 22 of this Law.

(3) After the expiry of the period specified in the notice given under paragraph (b) of subsection (1) of this section and the period specified in the notice given in relation to the land under paragraph (b) of section 11, or as soon thereafter as the Adjudication Committee has determined any matter referred to it under this Law, the land or interest shall be registered in accordance with section 14 of this Law, and the Land Registry Act, 1962 (Act 122) shall cease to apply to any instrument in so far as it affects that land or interest.

Section 14—Time and Manner of First Registration.

(1) First registration of a parcel shall be effected by the Land Registrar—

(a) on the expiry of the period specified in the notice issued under section 11 of this Law in respect of the district in which the parcel is situate; or

(b) on the expiry of any notice which may be issued under paragraph (b) of subsection (1) of section 13 of this Law in respect of the parcel; or

(c) on the determination by the Adjudication Committee of any dispute referred to it concerning the claim of any person to be registered as proprietor of the land or interest therein, whichever last occurs.

(2) First registration shall consist of the opening by the Land Registrar of a folio in respect of the parcel to be registered and the entry therein of—

(a) the name of any person who has been shown to be entitled to be registered as proprietor of the parcel and such particulars of that person and his proprietorship as are prescribed to be entered;

(b) the particulars of the plan to enable the parcel to be fully identified on the registry map; and

(c) the particulars as prescribed of all interests which have been shown to exist in the land.

(3) Whenever after first registration any person who has not been registered as a proprietor of the land or of an interest therein, shows that he is also a proprietor of the land or of an interest therein, the Land Registrar shall effect registration of that person by making additions in the prescribed manner to the folio.

Section 15—Description of Lands Affected by Any Dealings.

(1) Without prejudice to section 20 of this Law and except as otherwise provided in subsection (2) of this section, where land or interest in land being registered is evidenced by an instrument, then that land or an interest therein shall not be registered under this Law unless there is attached thereto a plan of the land which has been approved and duly signed by the Director of Surveys or an officer of the Survey Department authorised by him.

(2) Where a plan referred to in subsection (1) of this section has already been filed in the Registry with an instrument relating to the same land it shall be sufficient, without attaching the plan to the instrument, if such land is described by reference to the instrument and plan already filed in the Registry office.

Section 16—Form of Register.

(1) The land register shall comprise a folio in respect of each parcel in every registration district, and each folio shall comprise—

(a) an entry of the description of the parcel with reference to the Registry Map and a plan approved by the Director of Surveys under sections 15 and 34 of this Law;

(b) an entry in respect of every proprietor of the parcel, stating the name of such proprietor and the nature of his proprietorship; and

(c) an entry in respect of every interest held in the parcel by any person, stating the name of the proprietor of the interest and the nature of his interest.

(2) Subject to subsection (1) the land register shall be in such form as may be prescribed under this Law.

Section 17—Cancellation of Obsolete Entries.

The Land Registrar may cancel any entry in the land register if he is satisfied that the entry has ceased to have any effect.

Section 18—Conclusiveness of the Register.

(1) The land register shall be conclusive evidence of title of the proprietor of any land or interest in land appearing on the register.

(2) Nothing in subsection (1) shall affect any right or interest in land acquired under the law relating to prescription or the Limitation Decree, 1972 (N.R.C.D. 54); provided that where title to registered land has been acquired under the law relating to prescription or the Limitation Decree, 1972 (N.R.C.D. 54) the registered proprietor shall hold the land upon trust for the person who claims to have acquired the title.

(3) Any person claiming to have acquired land or an interest therein under the provisions or rules referred to in subsection (2) may apply to the Land Registrar for an appropriate amendment to be made to the land register.

(4) On receipt of an application under subsection (3) the Land Registrar shall, after giving notice thereof to all persons whose rights are liable to be affected and giving such persons an opportunity to make representations to him, follow as far as practicable in regard to the application, the provisions of section 23 of this Law.

Section 19—Who May be Registered as Proprietor of Land; Registrable Interests.

(1) A person shall be registered as proprietor of land if in relation to that land—

(a) he is the allodial owner, that is to say, he holds it under customary law in such manner that he is under no restrictions on his rights of user or obligations in consequence of his holding other than any such restrictions or obligations imposed by the law of Ghana generally; or

(b) he holds a customary law freehold therein, that is to say, he holds rights of user subject only to such restrictions or obligations as may be imposed upon a subject of a stool or a member of a family who has taken possession of land of which the stool or family is the allodial owner either without consideration or on payment of a nominal consideration in the exercise of a right under customary law to the free use of that land; or

(c) he holds the land for an estate of freehold vested in possession or an estate or interest less than freehold according to the rules generally known as the rules of the common law; or

(d) he holds a leasehold interest, that is to say, he holds an interest under a lease for a term of years of which more than two years are unexpired;

(e) he holds a lesser interest in land, that is to say, he holds an interest in land by virtue of any right under contractual or share cropping or other customary tenancy arrangement.

(2) The Land Registrar shall register—

(a) the State as proprietor of all lands vested in the State by any enactment;

(b) the State as trustee of all lands held by the State in trust under any enactment; and

(c) the State as proprietor of all lands not held by any other proprietor.

(3) Subject to subsections (4) and (5) of this section, any interest appertaining to or affecting any land may be registered under this Law.

(4) Where an interest will according to its terms expire without notice of termination within less than two years after the date on which an application is made for its registration, it shall not be registered under this Law notwithstanding that it may be renewable on notice.

(5) Notwithstanding subsection (4) of this section any concession granted under the Concessions Ordinance (Cap. 136) or the Concessions Act, 1962 (Act 124) or any licence in respect of minerals granted under the Minerals Act, 1962 (Act 126) shall be registered under this Law.

Section 20—Power of Land Registrar to Reject application for First Registration, Etc.

(1) Subject to the provisions of this Law and to the Limitation Decree, 1972 (N.R.C.D. 54), the Land Registrar may reject an application for first registration by a person claiming to be a proprietor of land or an interest therein and basing his claim upon an instrument, if—

(a) the instrument deals with the land or part of it in a manner inconsistent with an instrument previously executed whether by the same grantor or a predecessor-in-title or by any other person; or

(b) on the face of the records, the grantor named in the instrument does not appear to him to have been entitled to deal with the land as the instrument purports to have done; or

(c) the instrument was made in contravention of, or is null and void by virtue of any enactment; or

(d) the instrument contains any interlineation, blank, erasure or alteration not verified by the signature or initials of the persons executing such instrument.

(2) Subsection (1) shall not prevent the exercise by any Court of its powers under the Land Development (Protection of Purchasers) Act, 1960 (Act 2) or the Farm Lands (Protection) Act, 1962 (Act 107) and without prejudice to the effect of any other order of a Court, the Land Registrar shall be bound by an order of a Court made under either Act which provides that a conveyance or acquisition shall be deemed to have conferred title.

Section 21—Land Registrar to Notify Grounds of Refusal to Register, Etc.

(1) Where the Land Registrar is of the opinion that there are grounds under paragraph (d) of subsection (1) of section 20 of this Law to reject an application he shall notify the applicant in writing of his opinion and the grounds therefor giving him thirty days within which to make further representations.

(2) Where the Land Registrar is of the opinion that an application should be rejected on the ground in paragraph (a) or (b) of subsection (1) of section 20 of this Law, he shall notify the applicant of his opinion and shall refer the matter to the Adjudication Committee.

(3) Upon receipt of a reference under subsection (2) the Adjudication Committee shall serve a notice of the time and place at which the Committee shall hear and determine all claims affecting the title to the land.

(4) The Adjudication Committee shall publish the notice of hearing in the Gazette and in a newspaper circulating in the area where the land is situated or may cause the notice to be published in such other manner as it may deem fit.

(5) The decision of the Adjudication Committee shall be communicated in writing to the applicant, the Land Registrar and to any other person affected by the decision within fourteen days after the determination of the matter.

(6) Where the grounds of rejection by the Land Registrar of an application are reversed by a decision of the Adjudication Committee under subsection (5) of this section the Land Registrar shall comply with the decision of the Committee.

Sub-Part II—Adjudication of Title

Section 22—Establishment of Land Title Adjudication Committees.

(1) There shall be established in a registration district a Land Title Adjudication Committee (in this Law referred to as "the Adjudication Committee").

(2) Every Adjudication Committee shall consist of a chairman and two other persons all of whom shall be appointed by the Secretary on the advice of the Board.

(3) There shall be referred to the Adjudication Committee either by the Land Registrar or any interested person any dispute relating to the registration of land or interest in land.

(4) The Adjudication Committee shall determine any dispute referred to it under subsection (3) of this section.

Section 23—Claims.

(1) Subject to the provisions of sections 13 and 22 of this Law any person who claims to be a proprietor of any land or interest in land situated in a registration district shall make an application setting forth his claim in the manner and within the period specified in the notice given under section 11 of this Law.

(2) Where the Land Registrar is satisfied that any person who has a claim to any land or interest in land within a registration district has not made such application the Land Registrar may proceed as if such an application had been made by that person and may request a certified copy of any instrument relevant thereto and registered under the Land Registry Act, 1962 (Act 122).

(3) The Land Registrar shall after the expiry of the notice given under section 11 of this Law proceed to examine the title of any person who has made a claim to any land or interest in land under subsection (1) or is deemed to have made such claim under subsection (2) of this section and may for that purpose examine any instrument relating to such interest.

(4) If as a result of such examination the Land Registrar is satisfied that—

(a) any person claiming to be a proprietor of land has a good title to the land referred to in the claim and that no other person has acquired a title inconsistent with that of the claimant of such land under any law or has acquired proprietorship of such land by prescription, the Land Registrar shall record that person as the proprietor with absolute title of the land and declare his title to be absolute;

(b) any person claiming to be a proprietor of land is in possession of, or has a right to possession or right of or in occupation of, the land referred to in the claim, but has not a sufficiently good title to be recorded under paragraph (a) of this subsection as the proprietor with absolute title, the Land Registrar may, with the consent of the applicant, instead of rejecting the application, record such person as proprietor with provisional title of the land, and, if he does so, shall also record—

(i) the date on which the possession or occupation, if any, of that person began or is deemed to have begun;

(ii) particulars of any instrument or other evidence under or by virtue of which some right or interest in such land adverse to or in derogation of the interest of that person might exist; or

(iii) any qualification which affects the title.

(c) any land referred to in the claim is subject to any interest which is registrable under this Law, he shall record such particulars as shall enable the interest and the name of the proprietor thereof to be registered under this Law:

Provided that, if the identity of the proprietor of the interest has not been established to his satisfaction, he shall record the State as the proprietor of the interest in trust for the eventual proprietor, if any;

(d) in respect of any land referred to in the claim there is no person entitled to be registered as proprietor with absolute title under paragraph (a) or with provisional title under paragraph (b) of this subsection, he shall record such land as being held by the State in trust for the eventual proprietor.

(5) In this section "good title" means, in any case in which a title is founded on documentary evidence, a title which consists of or commences with—

(a) any enactment;

(b) a grant or conveyance from the State;

(c) a grant, conveyance, assignment or mortgage which is more than thirty years old and establishes that a person is entitled to deal with the land;

(d) a final judgment of a Court of competent jurisdiction.

(6) Where there are two or more claimants of any interest in land situated in a registration district and the Land Registrar is unable to effect agreement among the claimants—

(a) if the matter is within the jurisdiction of the Stool Lands Boundaries Settlement Commission, the Land Registrar shall refer it to the Commission and the matter shall be heard as if it had been so referred by one of the parties; and

(b) all other matters shall be referred by the Land Registrar to the Adjudication Committee for adjudication.

Section 24—Notice of Survey and Demarcation of Land in Registration Districts.

(1) A Surveyor who is directed under section 6 of this Law to survey or demarcate any land within a registration district may cause a notice to be served on any person who owns, occupies or is otherwise interested in any land abutting thereon or on any person employed or connected with the management or cultivation of such land, requiring such person to attend personally or by an agent before him at such time and place as may be stated in the notice for the purpose of identifying the boundaries of such land or providing such information as may be needed for purposes of the survey or demarcation.

(2) The Surveyor may by notice summon any person who in his opinion or in the opinion of the Land Registrar is in possession of any information or document relating to such boundaries to attend before him and give such information or produce such document at the time and place specified in the notice.

Section 25—Notice of Commencement of Demarcation.

(1) Not less than seven days before the demarcation of lands in a registration district begins, the Director of Surveys shall give notice of such demarcation and the time and place at which it will begin in such manner as the Adjudication Committee shall deem to be most appropriate to bring the notice of the demarcation to the attention of the persons likely to be affected thereby.

(2) The notice shall require every claimant to indicate the boundaries of the land affected by his claim in the manner specified in the notice.

Section 26—Surveyor to Ensure Demarcation of Boundaries.

Subject to any general or particular directions issued by the Director of Surveys, the Surveyor shall within each registration district—

(a) ensure that the boundaries of each parcel which is the subject of a claim are indicated or demarcated in accordance with the requirements of the notice given under section 24 of this Law;

(b) indicate the boundaries of—

(i) any public roads, public rights of way and other public lands; and

(ii) any unclaimed land;

(c) carry out such survey as may be required in the execution of the adjudication process;

(d) prepare a demarcation index map of the registration district on which shall be shown every separate parcel identified by a distinguishing number, except that rivers and public roads shall not be required to be identified by a number.

Section 27—Rules to be Followed by Adjudication Committee.

The Adjudication Committee shall in hearing and determining any dispute or claim under the provisions of this Law observe the following rules:

(a) the exercise by one person of any rights in or over one or more pieces of land shall not be taken as a presumption in his favour of any rights in or over any greater extent of land than that in or over which such rights are exercised;

(b) where two or more persons have rights which will entitle them to be registered as joint proprietors or proprietors in common such persons shall be recorded as joint proprietors or proprietors in common, as the case may be, and if as proprietors in common the share of each shall be recorded;

(c) where any land or interest in land in a registration district remains unclaimed after the expiration of the period specified in a notice given under section 11 or 13 of this Law, such land or interest in land shall be recorded as held by the State in trust for the eventual proprietor, if any.

Section 28—Adjudication Record.

(1) The Adjudication Committee shall, after the determination of any dispute or claim referred to it under the provisions of this Law, prepare an adjudication record which shall consist of a form in respect of each parcel of land and shall show—

(a) the description and approximate area of the land as shown on the demarcation map;

(b) either the name or the description of the person entitled to be registered as the proprietor of the parcel with particulars of his entitlement and any restriction affecting his power of dealing with it, or the fact that the parcel is public or State land;

(c) if any person shown in the adjudication record is under a disability, whether by reason of age, unsoundness of mind or otherwise, the name of his guardian;

(d) a list of the documents, if any, produced to the Land Registrar and retained by him;

(e) particulars of any instrument registrable under the Land Registry Act, 1962 (Act 122) that is capable of being registered under this Law, together with the name and description of the person entitled to the benefit thereof and particulars of any restriction affecting his power of dealing with his interest thereunder;

(f) particulars of any right of occupation or other encumbrance or interest whatsoever amounting to less than proprietorship of the land, whether existing by virtue of customary law or otherwise, together with the name and description of every person entitled to the benefit thereof and particulars of any restriction on his power of dealing with his interest;

(g) the date on which the form is completed.

(2) When the form is completed it shall be signed by the Chairman of the Adjudication Committee and shall, where possible, include an acknowledgement signed by the proprietor of the land, his agent or his guardian named in the record in accordance with subsection (1) (c) of this section, that such proprietor, his agent or his guardian accepts the adjudication record.

Section 29—Notice of Completion of the Adjudication Record.

When an adjudication record in respect of any registration district has been completed, the Chairman of the Adjudication Committee shall sign and date a certificate to that effect and shall forthwith, by notice published in the Gazette, give notice of the completion thereof and of the place or places at which the record together with the relevant demarcation map may be inspected.

Section 30—Objections.

(1) Any person claiming any land or interest in land referred to in an adjudication record or a demarcation map who considers such record or map to be inaccurate or incomplete in any respect may, within thirty days after the publication of the notice of completion of the record under section 29 of this Law, notify the Adjudication Committee stating the grounds of his objection.

(2) The Adjudication Committee after giving reasonable notice to all persons affected by the objection, shall hear the objection or otherwise determine the matter in such manner as it thinks fit.

Section 31—Procedure for Hearing Objections.

(1) In hearing an objection the Adjudication Committee shall, so far as may be practicable, follow the procedure provided by this Law or any regulations made thereunder.

(2) Any proceeding conducted under this Law by the Adjudication Committee shall be deemed to be a judicial proceeding.

(3) The Adjudication Committee shall make a record of all proceedings.

Section 32—Correction of the Adjudication Record.

(1) Any correction in an adjudication record required by a decision of the Adjudication Committee given under section 30 of this Law shall be made by the Chairman of the Adjudication Committee and any alteration in the demarcation map required by such decision shall be made by the Surveyor.

(2) At any time before an adjudication record becomes final the Adjudication Committee may—

(a) cause to be corrected any clerical error or omission not materially affecting the interests of any person; or

(b) with the consent of every person whose interest is affected, cause to be made in the adjudication record any other alteration which in its opinion is necessary.

(3) Any person aggrieved by an order or decision of the Adjudication Committee under subsection (2) may appeal in the prescribed manner to the High Court and the Court may annul or confirm, with or without modification, the order or decision.

Section 33—Finality of Adjudication Record.

(1) After the expiry of sixty days from the date of the publication in the Gazette of the notice of completion of an adjudication record under section 29 of this Law or on determination of all objections or appeal in accordance with sections 30 and 32 of this Law, whichever is later, the record shall, subject to the provisions of this Law, become final and the Chairman of the Adjudication Committee shall sign the certificate to that effect and shall deliver the record and the relevant demarcation map to the Land Registrar together with all documents received in the process of the adjudication to be kept in the Registry.

(2) Whenever an adjudication record has become final under subsection (1) of this section, the Land Registrar shall enter in the land register and other records of the Registry such of the contents of the adjudication record as may be prescribed.

PART III—MAPS, PARCELS AND BOUNDARIES

Section 34—Registry Map.

(1) The Director of Surveys shall, in consultation with the Chief Registrar, prepare a map or series of maps, to be called the registry map, for every registration district and such map or series of maps shall be maintained in the Registry.

(2) For the purposes of the registry map each registration section constituted under section 7 of this Law may be identified by a distinctive name and the registration section may be further divided into blocks which shall be given distinctive numbers or letters or combination of numbers and letters.

(3) The parcels in each registration section shall be numbered consecutively and the name of the registration section and the number or the letter of the block, if any, and the number of the parcel shall together be sufficient reference to any parcel.

(4) The Chief Registrar may, at any time, combine or divide registration sections or blocks or vary their boundaries.

(5) A plan approved by the Director of Surveys shall be noted in the folio of the land register appertaining to each parcel, and the Land Registrar shall file such plan.

Section 35—Alteration of Registry Map and Preparation of New Editions.

(1) The Chief Registrar may require the Director of Surveys to correct the line or position of any boundary shown on the registry map with the agreement of any person shown on the register to be affected by the correction, but no such correction shall be effected except on the instructions in writing of the Chief Registrar in the prescribed form.

(2) Wherever the boundary of a parcel is altered on the registry map, the original number of that parcel shall be cancelled and a new parcel number allocated to it.

(3) The Chief Registrar may require the Director of Surveys to prepare a new edition of the registry map or any part thereof and there may be omitted from the new map any matter which the Chief Registrar considers obsolete.

Section 36—Further Surveys.

The Chief Registrar in consultation with the Director of Surveys may cause a survey to be made for any purpose connected with this Law.

Section 37—General Boundaries.

(1) The registry map and any plan filed in the Registry shall be deemed to indicate the approximate boundaries and the approximate situation only of any parcel shown thereon.

(2) Where any uncertainty or dispute arises as to the position of any boundary, the Adjudication Committee, on the application of any interested person, shall, on such evidence as it considers relevant, determine and indicate the position of the boundary; except that in the case of a dispute within the jurisdiction of the Stool Lands Boundaries Settlement Commission, the Adjudication Committee shall refer the matter to the Commission and the matter shall be heard as if it had been so referred by any of the persons whose boundaries are in question.

(3) Upon the determination of a dispute under subsection (2) of this section the Land Registrar shall make a note to that effect on the registry map and in the land register and shall file such plan or description as may be necessary to record the decision of the Committee or Commission.

(4) No Court shall entertain any action concerning a dispute as to the boundaries of a registered parcel unless the boundaries have been determined as provided in this section.

Section 38—Fixed Boundaries.

(1) Where the Land Registrar in his discretion considers it desirable to indicate on a filed plan, or otherwise to define in the register, the precise position of the boundaries of a registered parcel or any part thereof, or where any interested person makes an application to the Land Registrar, the Land Registrar shall give notice to the proprietors of interests in, and the occupiers of the parcels adjoining the boundaries in question of his intention to ascertain and fix the boundaries.

(2) The Land Registrar shall, after giving all persons appearing from the register to be affected an opportunity of being heard, cause to be defined by survey the precise position of the boundaries in question and to be filed a plan containing the necessary particulars and shall make a note in the register that the boundaries have been fixed, and thereupon the plan shall be deemed to define accurately the boundaries of the parcel.

(3) Where the dimensions and boundaries of a parcel are defined by reference to a plan verified by the Director of Surveys, a note shall be made in the register and the parcel shall be deemed to have its boundaries fixed under this section.

Section 39—Maintenance of Boundary Features.

(1) Every proprietor of land shall maintain in proper order and repair, in accordance with any regulations made under this Law, any beacon or mark defining a corner point of his parcel.

(2) Subject to subsection (3) of this section where a beacon or mark is not maintained in proper order or repair, or is removed or obliterated, the Land Registrar may serve on the owner of every parcel in relation to which the beacon or mark indicates a corner point, a notice in writing requesting him to restore the beacon or mark to its correct position, or to re-erect it in the prescribed manner, as the case may be.

(3) The restoration or re-erection of any beacon or mark that is removed or obliterated shall be carried out by or under the immediate supervision of a licensed surveyor duly authorised by the Director of Surveys.

(4) The Land Registrar may, in writing, charge the adjoining proprietors with the responsibility for the care and maintenance, repair, restoration or re-erection of any beacon or mark that is not in proper order or repair or is removed or obliterated:

Provided that where it is established that any one of the adjoining proprietors or a servant or agent of any such proprietor, has damaged, removed or obliterated any such beacon or mark, the entire cost of repair, restoration or re-erection of such beacon or mark shall be borne by such proprietor.

Section 40—Interference with Boundary Features.

(1) Any person who without lawful excuse, the burden of proof whereof shall be on him—

(a) alters, moves, disturbs or wilfully defaces, removes, damages, destroys or otherwise impairs any beacon, mark, signal or boundary feature or any part thereof whether such beacon, mark, signal, or boundary feature is upon his own land or not; or

(b) erects any beacon or mark defining a corner point of a parcel of land, and whether his intention is to alter the boundary line of any parcel or not, or to cause deception as to the boundary line or not,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five thousand cedis or imprisonment not exceeding six months or to both.

(2) A conviction under this section shall not affect the liability of the person concerned to pay for the cost of restoring the boundary resulting from the removal or disturbance of any such beacon, mark, signal or boundary feature.

Section 41—Combination and Subdivision of Parcels.

(1) Where contiguous parcels are registered in the name of the same proprietor and are subject in all respects to the same registered and overriding interests, if any, the Land Registrar may, on application by any proprietor of the parcels, combine them by closing the land register folios relating to them and opening a new folio of the parcel resulting from the combination.

(2) Subject to subsections (3) and (4) of this section where upon an application by a proprietor of a parcel that his parcel be divided into two or more parcels, the Land Registrar shall effect the division by closing the folio in respect of that parcel and by opening new folio in respect of the new parcels and shall record in the new folios all subsisting entries in the closed folio.

(3) Before combining or subdividing any parcel or parcels under subsection (1) or (2), the Land Registrar shall give notice to all proprietors of the parcel or parcels and to all proprietors of interests in such parcel in respect of which it is proposed to combine or subdivide and give such person or persons the opportunity to make representations in relation to the proposed action within such period as may be specified in the notice and the Land Registrar shall take into consideration the representations which have been duly made.

(4) Nothing shall be done under this section which is inconsistent with this Law or any other enactment, or which affects the rights of any person in a manner not permitted by law.

Section 42—Change of Layouts of Contiguous Parcels.

(1) Subject to subsection (2) of this section the Land Registrar may, on application by proprietors of contiguous parcels who are desirous of changing the layout of their parcels, and with the consent in writing of all other proprietors of the parcels or interests therein and of any caveator, cancel the land register folio relating to such parcels and prepare new folios in accordance with the revised layout.

(2) Where in the opinion of the Land Registrar a proposed change of layout involves substantial changes of proprietorship which could better be effected by transfer otherwise than under this section, he may refuse to effect such change in the layout.

(3) Where a change in a layout is effected under subsection (1) of this section the new parcels shall vest in the persons in whose names they are registered.

PART IV—EFFECT OF REGISTRATION

Section 43—Indefeasibility of Title.

(1) Subject to subsections (2), (3) and (4) of this section and section 48 of this Law, the rights of a registered proprietor of land whether acquired on first registration or acquired subsequently for valuable consideration or by an order of a Court, shall be indefeasible and shall be held by the proprietor together with all privileges and appurtenances attaching thereto free from all other interests and claims whatsoever.

(2) Any such rights of a proprietor shall be subject to any interests or other encumbrances and conditions, if any, shown in the land register.

(3) Nothing in this section shall be deemed to relieve a proprietor from any duty or obligation to which he is otherwise subject as a trustee.

(4) The registration of any person as the proprietor of land or an interest in land shall not confer on him any right to minerals not already vested in him.

Section 44—Effect of Registration with Provisional Title.

Subject to sections 46 and 48 of this Law, registration of any person as the proprietor with a provisional title of a parcel under paragraph (b) of subsection (4) of section 23 of this Law shall not affect or prejudice the enforcement of any right or interest in land which is adverse to or in derogation of the title of that proprietor and which has arisen before such date or under such instrument or in such manner as is specified in the land register in relation to that parcel; and except as provided in this section such registration shall have the same effect as the registration of a person as proprietor with absolute title.

Section 45—Conversion of Provisional Title into Absolute Title.

(1) Any person registered as proprietor of land with a provisional title or any interested person may at any time apply to the Land Registrar to be registered as proprietor of that land with an absolute title.

(2) If the applicant satisfies the Land Registrar that the qualification to which the provisional title is subject has ceased to be of effect, the Land Registrar shall make an order for the registration of the applicant as proprietor with absolute title after the Land Registrar has given notice in such manner as he thinks fit.

(3) On the making of any such order or on the application of any interested person after the expiry of twelve years from the date of first registration of a person as proprietor with provisional title, the Land Registrar shall substitute in the land register the words "absolute title" for the words "provisional title" and the title of the proprietor of that land shall thereupon become absolute.

Section 46—Overriding Interests.

(1) Unless the contrary is recorded in the land register any land or interest in land registered under this Law shall be subject to such of the following overriding interests whether or not they are entered in the land register as may for the time being subsist and affect that land or interest:

(a) such rights of way, rights of water, profits, or rights customarily exercised and enjoyed in relation to the parcel not being recognised interests in land under customary law, as were subsisting at the time of first registration under this Law;

(b) customary rights which were subsisting at the time of first registration in respect of concessions granted under the Concessions Ordinance (Cap. 136);

(c) natural rights of water and support;

(d) rights of compulsory acquisition, resumption, entry, search and user conferred by any other enactment;

(e) leases for terms of less than two years and not capable of extension to terms of two years or more by the exercise of enforceable options for renewal;

(f) rights, whether acquired by customary law or otherwise, of every person in actual occupation of the land save where enquiry is made of such person and the rights are not disclosed;

(g) subject to the provisions of this Law, rights acquired or in the course of acquisition by prescription or under the Limitation Decree, 1972 (N.R.C.D. 54);

(h) charges for unpaid rates and other moneys which without reference to registration under this Law, are expressly declared by any enactment to be a charge upon land;

(i) electric supply lines, telephone and telegraph lines or poles, pipelines, aqueducts, canals, weirs and dams erected, constructed or laid in pursuance or by virtue of any power conferred by any enactment.

(2) Notwithstanding the provisions of subsection (1) of this section but subject to subsection (4) of section 19 of this Law, the chief Registrar may direct the registration of any of the liabilities, rights and interests specified in subsection (1) of this section in such manner as he thinks fit.

Section 47—Interests Conferred by Registration.

Subject to the provisions of this Law, the registration of any person as the proprietor of an interest in land shall vest in that person the interest described in the transaction by which it was created, together with all implied and expressed rights and privileges attaching or appertaining thereto and subject to all implied and express covenants, liabilities and other incidents but nothing in this Law shall cause the benefit or the burden of any such rights, privileges or covenants to pass to a transferee of land or any interest in land if it would not otherwise pass.

Section 48—Voluntary Transfer.

(1) Any proprietor who has acquired any land or interest in land without valuable consideration shall hold the land or interest subject to any unregistered rights, interests or to any liabilities to which such land or interest was subject when held by the transferor, and subject also to the provisions of the law of bankruptcy or insolvency and to the winding up provisions of the Companies Code, 1963 (Act 179).

(2) Subject to subsection (1) of this section any such transfer shall in all respects have the same effect as a transfer for valuable consideration.

Section 49—Acquisition of Title by the State in Respect of Unclaimed Land or Interest.

Where any land or interest in land is recorded under paragraph (c) or (d) of subsection (4) of section 23 or under paragraph (c) of section 27 of this Law as being held by the State in trust for the eventual proprietor, and no successful claim has been made to the land or interest therein within twelve years after the time at which it was so recorded, the State shall become beneficial proprietor of such land or interest aforementioned and shall hold it free from all encumbrances and conflicting claims whatsoever without any further act or deed and the Land Registrar shall amend the land register accordingly.

Section 50—Entries to Constitute Actual Notice.

Any proprietor who acquires any land or interest in land shall be deemed to have had notice of every entry in the land register which he was entitled to inspect at the time of acquisition.

PART V—CERTIFICATES AND SEARCHES

Section 51—Land Certificates.

(1) The Land Registrar shall, upon registration of any person as proprietor of land or a lease, issue a land certificate to such person—

(a) if the person is registered as proprietor of the land with absolute title, whether on first registration or on subsequent transfer of the land;

(b) if the person is proprietor of a lease, if the leasehold is for a term of ten years or more; or

(c) if the person is the holder of a grant under the Concessions Ordinance (Cap. 136) or the Concessions Act, 1962 (Act 124) or a licence in respect of minerals granted under the Minerals Act, 1962 (Act 126).

(2) A land certificate shall be in the prescribed form and shall show by an extract from the registry map endorsed thereon or annexed thereto, the land to which it relates.

(3) A land certificate issued in respect of land or an interest in land registered under this Law shall be signed and sealed by the Land Registrar and marked with the serial number of the folio of the register to which it relates.

(4) A separate land certificate may be issued to each proprietor in common of any land or interest in land and such certificate shall show the undivided share of the proprietor.

(5) When two or more persons are registered as joint proprietors of the same land or interest in land, only one certificate shall be issued in respect of that interest in the name of all the persons and the certificate shall be delivered to the person whose name first appears as proprietor on such certificate.

Section 52—Creation of New Folios and Issue of New Land Certificates.

(1) The Land Registrar may create a new folio of the land register and prepare and issue a new land certificate in the following cases:

(a) where the Land Registrar accepts an application for combination of parcels or subdivision of a parcel under section 41 of this Law;

(b) where, in the opinion of the Land Registrar, it is impracticable to make further endorsements on an existing folio;

(c) where an existing folio has been mutilated or defaced or is in such condition that, in the opinion of the Land Registrar, it should be replaced;

(d) where, upon registration of a transfer or transmission, the transferee or applicant has become the proprietor of part of the parcel in an existing folio.

(2) Upon the creation of a new folio the Land Registrar shall cancel the previous folio either wholly or partially as the circumstances may require, and shall indicate thereon the serial number of the new folio or folios and the reason for such cancellation.

(3) Subject to any agreement to the contrary, the proprietor in whose name a new folio is created shall, as between him and any person with whom he has any dealing in respect of the land, be liable for the cost of creating such folio.

Section 53—Substituted Land Certificates.

(1) The Land Registrar may after taking such indemnity as he may consider necessary issue a substituted land certificate to replace any certificate which is proved to his satisfaction to have been lost, destroyed, withheld, or to be in the possession of a person out of the jurisdiction of Ghana or not to be obtainable without undue delay or expense.

(2) Any substituted land certificate shall be an exact copy of the original and shall be as valid as the original certificate and shall be used for any purpose for which the original certificate might have been used.

(3) An application for a substituted land certificate may be made by the proprietor of the land or interest comprised therein or by any person claiming through him, and shall be supported by such evidence as the Land Registrar may require.

(4) The Land Registrar may, before issuing a substituted certificate give fourteen days notice of his intention to do so published in the Gazette or in one or more of the daily newspapers.

(5) The Land Registrar shall enter in the relevant folio of the land register a notification of the issue of any substituted land certificate, and such notification shall operate to cancel for all purposes the original certificate notwithstanding that such certificate may subsequently be found or recovered.

Section 54—Provisional Certificates.

(1) The Land Registrar shall issue a provisional certificate to any person registered under paragraph (b) of subsection (4) of section 23 of this Law as proprietor of land with provisional title.

(2) Every provisional certificate shall be in the prescribed form and shall be signed and sealed by the Land Registrar and marked with the serial number of the folio of the land register relating to the parcel.

(3) Upon the issue of a provisional certificate the Land Registrar shall enter in the register notification of the issue of the certificate, the date of issue and the circumstances under which it was issued.

Section 55—Land Certificates to be Produced and Noted on Dealings.

(1) Subject to subsection (2) of this section, a land certificate or provisional certificate shall be produced to the Land Registrar—

(a) on every entry in the land register of a disposition by the proprietor of the land or interest in land to which it relates; and

(b) on every transmission of the land or interest in land to which it relates; and

(c) in every case where under this Law or otherwise a notice of any interest in land, claim or restriction is entered on the land register which adversely affects the title of the proprietor of the land or interest in land to which the land certificate relates.

(2) The provisions of subsection (1) (c) of this section shall not apply in the case of the lodgment of a caveat.

(3) A note of every such entry or transmission shall be officially entered on the land certificate or provisional certificate.

Section 56—Searches and Copies.

(1) Any person seeking any information concerning any parcel or interest in land registered under this Law or matters incidental thereto may apply to the Land Registrar to inspect any register, sheet of the registry map of any instrument or plan filed in the Registry and containing such information on such days and during such hours and subject to such conditions as may be prescribed.

(2) Any person conducting a search under subsection (1) of this section may be furnished with particulars of subsisting entries in the land register in relation to such parcel or interest and also certified copies of any such document or of the registry map or any instrument or plan filed in the registry.

(3) Any person referred to in subsection (1) of this section may apply in the prescribed form to the Land Registrar to make an official search in the land register or the registry map and the Land Registrar shall issue to the applicant a certificate of the result of the search which shall be presumed to be conclusive of the matters stated therein.

Section 57—Evidence.

Notwithstanding the provisions of any enactment to the contrary no process for compelling the production of the land register, a registry map or any filed instrument or plan shall issue from any Court except with the leave of that Court, and such leave shall not be granted if a certified copy or extract thereof is admissible to the same extent as an original to prove its contents.

PART VI—DISPOSITIONS

Sub-Part I—General Provisions

Section 58—Disposition of Registered Land and Interests in Land.

(1) Notwithstanding any enactment to the contrary any land or interest in land registered under this Law shall be disposed of in accordance with the provisions of this Law and any disposition of such land or interest in land otherwise than in accordance with the provisions of this Law shall be ineffectual to create, extinguish, transfer, vary or affect any right or interest in that land.

(2) The death of any person by or on behalf of whom an instrument disposing of any interest in land has been executed shall not affect the validity thereof and such instrument may be presented for registration as if the death had not occurred.

Section 59—Protection of Persons Dealing with Registered Land.

Where valuable consideration is given by any person in respect of any disposition the rights accruing to that person through the disposition shall not be affected by his omission—

(a) to inquire into or ascertain the circumstances in which the consideration for any previous registered transaction was paid or the manner in which any such consideration or part thereof was utilized;

(b) to search any register or record kept under the Land Registry Act, 1962 (Act 122).

Section 60—Time-Limit for Registration of Instruments.

(1) An instrument relating to any disposition under this Law shall be presented for registration within three months after its date of execution.

(2) Where an instrument is presented for registration later than three months after the date of its execution an additional fee not exceeding five times the prescribed registration fee shall be charged; but the Land Registrar may waive the payment of any additional fee if he is satisfied that the circumstances of the case warrant such waiver.

Section 61—Power to Compel Registration.

(1) If the Land Registrar is satisfied that any person has wilfully failed to register any instrument registrable under this Law he may by notice in writing order such person to present the instrument for registration.

(2) Any person who fails, without reasonable cause, to comply with an order of the Land Registrar made under subsection (1) of this section within thirty days after the service of the notice on him shall be guilty of an offence and liable on summary conviction to a fine of not less than five thousand cedis or more than ten thousand cedis or to imprisonment not exceeding six months or to both.

Section 62—Priority of Registered Interests.

(1) Rights derived from instruments recorded in the land register shall have priority according to the order in which the instruments were presented to the Registry irrespective of the dates of the instruments and notwithstanding that the entry in the land register may have been delayed.

(2) Instruments sent by post and received on any day during the hours of business shall be deemed to have been presented simultaneously immediately before the close of business on that day and instruments so sent but received between the time of closing and the next opening of the office for business shall be deemed to have been presented simultaneously immediately after such opening.

(3) Where more than one instrument or application are presented on the same day or on different days but at so short an interval from each other that in the opinion of the Land Registrar there is doubt as to their order of priority, he may withhold registration until he has heard and determined the rights of the interested parties.

Section 63—Stay of Registration.

(1) Where any person proposing to deal with any land or interest in land registered under this Law has applied for an official search under section 56 of this Law and has stated in his application the particulars of the proposed dealing, the registration of any instrument affecting the land comprised in or affected by the proposed dealing shall be stayed for a period of fourteen days (hereafter referred to as "the suspension period") from the time when the application for the search was made and a note shall be made in the land register accordingly.

(2) If within the suspension period a properly executed instrument in relation to the proposed dealing is presented for registration, such instrument shall have priority over any other instrument which may be presented for registration during the suspension period, and shall be registered notwithstanding any caveat or any other entry for which an application for registration may have been made during the suspension period.

(3) Subject to subsection (2) of this section, any instrument for which an application for registration is made during the suspension period, other than a properly executed instrument giving effect to the proposed dealing, shall be dealt with in the same manner and shall have the same priority and shall be as effectual as if no stay of registration has been obtained.

Section 64—Merger of Registered Interests.

Where upon the registration of any instrument relating to disposition under this Law, the interests of—

(a) a lessor and lessee; or

(b) a mortgagor and mortgagee; or

(c) the proprietor of a parcel which is burdened with an easement, profit or restrictive agreement and the proprietor of a parcel which benefits therefrom

vest in the same proprietor, such interests shall not merge unless a surrender or discharge is registered or the parcels are combined or there is a declaration of merger, which may be contained in the instrument evidencing the disposition.

Sub-Part II—Leases

Section 65—Form and Registration of Leases.

(1) A lease of any registered land shall be created by an instrument in the prescribed form.

(2) Subject to subsection (4) of section 19 of this Law, where a lease is lodged for registration the Land Registrar shall register the particulars of the lease in the register and endorse a memorial thereof on every land certificate relating to that parcel.

Section 66—Lessor's Consent to Assignment of Lease.

Upon the registration of a lease containing an agreement, express or implied, by the lessee that he shall not transfer, sublet, mortgage or otherwise assign the lease or any part thereof without the written consent of the lessor, no transaction in respect of the lease shall be registered until the consent of the lessor, verified in accordance with section 94 of this Law has been produced to the Land Registrar.

Section 67—Lease Granted in Breach of an Obligation.

No lease shall be registered if it is invalid by reason of its having been granted in breach of an obligation binding upon the grantor.

Section 68—Variation and Extension of Leases.

The agreement and conditions contained or implied in any registered lease may be varied, negated or added to, and the period of any registered lease may, from time to time, be extended by an instrument which would be effective for the purpose in respect of unregistered land, as from the date on which it is registered.

Section 69—Substitution of Leases.

Where upon the presentation of a lease for registration the Land Registrar is satisfied that the lessee has been registered as the proprietor of a prior subsisting lease held from the same lessor in respect of the same land, he shall cancel the registration of the prior lease and register the new lease subject to such encumbrances as are registered against the prior lease.

Section 70—Surrender of Leases.

(1) Where the lessor and the lessee agree that the lease shall be surrendered, it shall be surrendered in the following manner:

(a) an instrument shall be prepared in the prescribed form, or else the word, "surrendered" shall be endorsed on the lease or on the duplicate or triplicate thereof;

(b) the instrument or endorsement shall then be executed by the lessee;

(c) the Land Registrar shall then cancel the registration of the lease; and

(d) the instrument or endorsed lease shall then be filed, and thereupon or at such earlier date as is expressed in the instrument or endorsement, the interest of the lessee shall cease.

(2) Nothing in this section shall cause a surrender or purported surrender of a lease to have any effect on the rights of any party or other person which it would not otherwise have.

Section 71—Determination of Leases.

Where a registered lease has determined the lessor shall apply in writing to the Land Registrar to cancel the registration of the lease and the Land Registrar shall on being satisfied of the matters set forth in the application cancel the registration of the lease.

Sub-Part III—Mortgages

Section 72—Form and Effect of Mortgages.

(1) A mortgage created after the commencement of this Law shall be in the prescribed form and shall have no effect unless it is registered in accordance with this Law.

(2) When a mortgage is registered as an interest in land, the instrument by which the mortgage is created shall be filed in the Registry.

Section 73—Mortgagee's Consent to Transfer.

Where a mortgage contains an agreement that the mortgagor shall not dispose of the land, either by a particular form of transfer or by any transfer whatever without the consent in writing of the mortgagee, the agreement shall be noted in the register and no transfer by the mortgagor which would be invalidated by the agreement, shall be registered until the written consent of the mortgagee has been verified in accordance with section 94 of this Law and produced to the Land Registrar.

Section 74—Variation of Mortgage.

The amount secured, the method of repayment, the rate of interest or the terms of the mortgage may be varied by the registration of an instrument of variation executed by the parties to the mortgage, but no such variation shall affect the subsisting rights of any third person unless he has consented in writing to the variation of the instrument.

Section 75—Second and Subsequent Mortgages.

Subject to section 74 of this Law, a mortgagor may create a subsequent mortgage in the same manner as the first mortgage, but any rights conferred by any subsequent mortgage shall be subject to all prior subsisting mortgages according to the rules of priorities as between mortgages.

Section 76—Further Advances.

(1) A mortgagee of any land or interest in land registered under this Law shall have the right to make further advances in priority to any subsequent mortgage noted in the land register—

(a) if the prior mortgage expressly provides for the making of further advances or for the giving of credit to the mortgagor on a current or continuing account; or

(b) if the prior mortgage imposes upon the mortgagee an obligation to make further advances;

and such provision or obligation has been noted in the land register pursuant to an application made in the prescribed form and prior to the registration of the subsequent mortgage.

(2) A mortgage created subsequently in respect of a parcel to which subsection (1) of this section applies shall take effect subject to any further advance made or to be made pursuant to such provision or obligation.

(3) Except as otherwise provided in this section there shall be no right of tacking.

Section 77—Discharge of Mortgage.

(1) A discharge of mortgage in the prescribed form may be endorsed on the mortgage instrument or may be executed as a separate instrument.

(2) Where the parties to the mortgage intend to discharge a part of the mortgaged land from the whole of the principal sum or other moneys thereby secured, the prescribed form may be varied or altered accordingly.

(3) Upon the production of the instrument of discharge, the Land Registrar shall register the instrument by endorsing a memorial thereof in the land register and on the land certificate noting that such mortgage is discharged wholly or partially, whereupon the land shall be freed from the mortgage and from all rights and powers of the mortgagee either absolutely or to any lesser extent as expressed in the discharge.

(4) The instrument creating the mortgage shall be surrendered to the Land Registrar to be cancelled or part cancelled, as the case may be, unless the Land Registrar sees reasonable cause to dispense with such surrender.

Section 78—Satisfaction of Mortgage.

Where—

(a) all money due under a mortgage has been paid by the mortgagor to the mortgagee or at his direction; or

(b) the event or circumstance has occurred upon which, in accordance with the terms of the mortgage, the money thereby secured ceases to be payable, and no money is owed under the mortgage,

the mortgagor shall apply in writing to the Land Registrar to cancel the registration of the mortgage and the Land Registrar, upon being satisfied of the matters set forth in the application, shall cancel the mortgage in the register and thereupon the land or interest in land shall cease to be subject to the mortgage.

Sub-Part IV—Transfers

Section 79—Transfers.

(1) A proprietor may, by an instrument in the prescribed form, transfer his land or interest in land to any person with or without consideration.

(2) The transfer shall be effected by registration of the transferee as proprietor of the land or interest whereupon the instrument shall be filed.

Section 80—Conditions of Transfers not Registrable.

A transfer which is to take effect on the occurrence of an event or the fulfilment of a condition or at any time in the future shall not be capable of registration under this Law.

Section 81—Order of the Court Transferring or Vesting Land or Interest in Land to be Entered in Land Register.

Whenever any order is made by any Court of competent jurisdiction transferring or vesting any land or interest in land in any person, the Land Registrar shall, upon being served with a certified true copy of such order, enter a memorandum thereof in the land register.

Section 82—Transfer of Parts of Lands.

No transfer shall be made effecting part only of a parcel unless the parcel has first been subdivided as provided in section 41 of this Law.

Sub-Part V—Easements, Restrictive Agreements, Profits and Licences.

Section 83—Registration of Easements.

(1) A grant or reservation of an easement shall be ineffectual unless it is registered as an encumbrance in the folio relating to the land burdened by the easement and in the appropriate section of the folio relating to the land to the benefit of which the easement is granted and the instrument, if any, creating the easement shall be filed in the Registry.

(2) An instrument creating an easement shall specify clearly—

(a) the nature of the easement, the period for which it is created and the conditions, limitations or restrictions intended to affect its enjoyment;

(b) the land burdened by the easement and the particular part thereof so burdened; and

(c) the land which enjoys the benefit of the easement;

and shall include, where practicable, a plan which in the opinion of the Land Registrar is sufficient to define the easement.

(3) Nothing in this section shall affect the law relating to the acquisition of easements by prescription.

Section 84—Registration of Restrictive Agreements.

(1) Where an instrument containing an agreement (hereafter in this Law referred to as "a restrictive agreement") by which one proprietor restricts the building on, or the user or other enjoyment of, his land for the benefit of the proprietor of another land is presented to the Land Registrar, he shall enter a notification of the agreement in the folios of the land burdened by it and of the land benefited by it, either by entering particulars of the agreement or by entering a reference to the instrument containing the agreement, and shall file the instrument.

(2) Unless noted in the land register, a restrictive agreement in respect of any land or interest in land registered under this Law shall not be binding on any proprietor of the land or interest burdened by it other than a party to the agreement.

(3) Subject to section 50 of this Law, the note of a restrictive agreement in the land register shall not give the restrictive agreement any greater validity than it would have had independently of this Law.

Section 85—Registration of Profits.

(1) The grant of a profit shall be ineffectual unless—

(a) it is noted as an encumbrance in the folio relating to the land which it affects;

(b) where it is appurtenant to other land, it is noted in the folio of that land; and

(c) the instrument, if any, granting the profit is in the form set out in subsection (2) of this section and is filed in the Registry office.

(2) An instrument granting a profit shall specify clearly—

(a) the nature of the profit, the period for which it is to be enjoyed and the conditions, limitations and restrictions intended to affect its enjoyment;

(b) the land burdened by the profit and the particular part thereof so burdened;

(c) whether it is enjoyed in gross or as appurtenant to other land, and the land to which it is appurtenant, if any; and

(d) whether it is to be enjoyed by the grantee exclusively or by him in common with the grantor.

(3) Nothing in this section shall affect the law relating to the acquisition of profits by prescription.

Section 86—Release and Cancellation of Easements, Profits and Restrictive Agreements.

(1) Upon the presentation of a duly executed release in the prescribed form, the registration of the easement, profit or restrictive agreement shall be cancelled and thereupon the easement, profit or restrictive agreement shall lapse.

(2) On the application of any person affected by such easement, profit or restrictive agreement to the Land Registrar, he may cancel the registration of the easement, profit or restrictive agreement upon proof to his satisfaction that—

(a) the period of time for which it was intended to subsist has expired; or

(b) the event upon which it was intended to determine has occurred; or

(c) it has become permanently unenforceable by virtue of the Limitation Decree, 1972 (N.R.C.D. 54).

Section 87—Licences.

(1) Without prejudice to section 111, a licence shall not be registered under this Law.

(2) A licence relating to the use or enjoyment of land shall be unenforceable against a bona fide purchaser for valuable consideration unless the licensee has protected his interest by lodging a caveat under section 111 of this Law.

Sub-Part VI—Co-proprietorship and Partition.

Section 88—Registration of More than One Proprietor.

Where an instrument is made in favour of two or more persons the entry in the land register giving effect to it shall show—

(a) whether such persons are joint proprietors or proprietors in common; and

(b) where they are proprietors in common, the share of each proprietor.

Section 89—Partition of Land and Interests Held in Joint Proprietorship or Proprietorship in Common; Severance of Joint Proprietorship.

(1) An application in the prescribed form to the Land Registrar for the partition of any land or an interest in land which is registered in the names of joint proprietors or proprietors in common may be made by—

(a) the parties interested individually or collectively;

(b) any person in whose favour an order of a Court has been made for the sale of an undivided share in the land in execution of such order; or

(c) any person affected by an order of a Court for partition of the land; and

subject to the provisions of this Law or any other law, the Land Registrar shall effect the partition of the land or interest therein.

(2) A partition shall be effected by closing the folio of the parcel partitioned and by opening folios in respect of the new parcels created by the partition and the agreement or the order of the Court shall be filed in the manner as the Land Registrar may determine.

(3) Subject to subsections (4) and (5) of this section, nothing in this Law shall affect the right under the provisions of any law of a joint proprietor of land or any interest in land to constitute himself a tenant in common by effecting severance.

(4) Any instrument executed for the purpose of severing a registered joint proprietorship shall be in the prescribed form and shall not be effective until it has been presented to the Land Registrar and the Land Registrar has made an appropriate entry in the land register.

(5) A severance of joint proprietorship shall be entered in the land register by an entry in the prescribed manner stating that the person effecting severance is henceforth a proprietor in common of the land or interest therein and any instrument relating to the severance shall be filed.

Section 90—Power of the Land Registrar to Order Sale.

An application in the prescribed form to the Land Registrar for sale of any land or interest in land owned by joint proprietors or proprietors in common may be made by—

(a) the parties interested individually or collectively;

(b) any person affected by an order of a Court for the sale of the land or an interest therein and distribution of the proceeds among the proprietors; or

(c) any party to an application for partition under section 89 of this Law;

and subject to the provisions of this Law and any other law, the Land Registrar may order a valuation of the shares of the proprietors and may, unless any of the proprietors undertake to purchase the share of the proprietors requesting the sale, order the sale of the land or interest therein by public auction or make such other order for the disposal of the application as he thinks fit:

Provided that in the case of an application under paragraph (c) of this section, the Land Registrar shall not make such order unless, he is satisfied that the land to be partitioned is incapable of being partitioned or that partition would adversely affect the proper use of the land.

Section 91—Procedure Where Share of Land to be Partitioned is Small.

(1) Where the resultant share of any particular joint proprietor or proprietor in common upon the partition of any parcel is less in area than any minimum prescribed by or under any enactment, the Land Registrar shall, at the request of the parties, add such share to the share of any other proprietor or distribute such share among two or more other proprietors in such manner and in such proportions as he thinks fit.

(2) The Land Registrar shall for purposes of subsection (1) of this section assess or cause to be assessed the value of the share added or distributed and shall order that there be paid to the proprietor of the share by each proprietor who has received an additional share the value of such addition.

(3) Where any sum is to be paid under subsection (2) of this section by any joint proprietor or proprietor in common to any other proprietor the Land Registrar may order that such sum be secured by way of charge on the share of the person liable to pay it or give all necessary or proper consequential directions.

PART VII—INSTRUMENTS AND AGENTS

Section 92—Form of Instruments.

(1) Every disposition of registered land or an interest therein shall be effected by an instrument in the form prescribed for general use or in such other form as may be prescribed for any particular case.

(2) Every instrument shall contain a true statement of the amount or value of the purchase price, loan or other consideration, if any, and an acknowledgement of the receipt of the consideration or such part thereof as has been paid.

Section 93—Execution of Instruments.

(1) Every instrument affecting a disposition shall be executed by all persons shown in the land register to be proprietors of the interest affected, by all other parties to the instrument and by all persons whose consent and concurrence is required by law.

(2) An instrument shall be deemed to have been executed by a person if—

(a) in the case of an individual, it is signed by that individual;

(b) in the case of an individual who cannot read and write, it is marked by that individual with his mark or right thumb-print at the foot of the instrument and his mark or thumb-print is attested by a witness who shall clearly write his name and address on the instrument and endorse thereon a statement to the effect that the instrument was clearly and correctly read over and explained to that individual and that he appeared to understand its contents; provided that in the case of an individual who is unable to make his mark, it is sufficient if the instrument is signed by some other person whom he has authorised in that behalf, and who endorses on the instrument a signed notice to that effect, and evidence of such authority is produced to the satisfaction of the Land Registrar;

(c) in the case of a body corporate, it is executed as provided in any enactment relating to that body corporate or is sealed with the common seal of that body corporate affixed thereto in the presence of and attested by the secretary or any other officer or by a member of the board of directors or other governing body of that body corporate;

(d) in the case of a body of persons not required by law to have a common seal, it is signed by such persons as are authorised in that behalf by any enactment, or in the absence of any express provision by the persons duly appointed in writing for that purpose, by that body of persons, provided that evidence of such appointment is produced to the satisfaction of the Land Registrar;

(e) in the case of a stool or family it is executed by all the individuals whose consent is by customary law a necessary condition for the instrument to bind the stool or family, provided that evidence of the sufficiency of such participation is produced to the satisfaction of the Land Registrar;

(f) in the case of a skin whose land is administered by a person other than the holder of the skin, it is signed by that person on behalf of the skin concerned;

(g) in the case of duly registered power of attorney, it is executed by the donee of the power either in his own name or in the name of the donor of the power;

(h) in the case of an infant or person of unsound mind or any other disability, it is executed by the person duly appointed in accordance with any law to represent such infant or person of unsound mind or other disability.

Section 94—Verification of Execution of Instruments.

(1) Every instrument executed in accordance with section 93 of this Law shall be verified in such manner and form as may be prescribed under this Law.

(2) Where an instrument presented to the Land Registrar is in language other than the English language it shall be presented together with a translation thereof into the English language certified by a competent person approved by the Land Registrar for that purpose.

(3) The Land Registrar may in any case in which he has reason to suspect impropriety, or where the instrument is executed by a marksman or by a person who appears to be illiterate, require any of the parties or their respective witnesses to appear before him or any person nominated by him, for the purpose of proving the due execution of the instrument.

Section 95—Stamps.

No instrument required by any enactment to be stamped shall be accepted for registration unless it is duly stamped.

Section 96—Disposal of Instruments.

(1) Subject to subsection (2) of this section and to section 98 of this Law all instruments accepted by the Land Registrar shall be retained in the Registry for as long as they support a current entry in the land register and for six years thereafter.

(2) When a lease or mortgage is registered, particulars of registration shall be noted on the duplicate and the triplicate thereof, and both the duplicate and triplicate shall be returned to the person who presented them.

(3) The Land Registrar may, at any time after the expiry of six years after an entry in the land register has been superseded or has ceased to have any effect, destroy any instrument which supported such entry in the register.

Section 97—Infants.

(1) A purported disposition, including a disposition by the will of a deceased proprietor, of any land or interest in land to an infant shall not entitle the infant to be registered as proprietor of such land or interest until he attains full age, but in the meantime shall operate only as a declaration binding on the proprietor or personal representative that the land or interest is to be held on trust to give effect to unregistered interests in favour of the infant corresponding with the interests which the disposition purports to transfer or create; and the disposition or a copy thereof or extract therefrom shall be deposited with the Land Registrar for safe custody and reference:

Provided that if the disposition is made to the infant jointly with another person of full age, that person shall, during the minority, be entitled to be registered as proprietor upon trust for himself and the infant, but the infant shall not be registered until he attains full age.

(2) Where an infant becomes entitled under a will or on an intestacy to any land or an interest in land, the land or interest shall not be transferred by the personal representative to the infant until he attains full age.

(3) Where an infant becomes entitled to the benefit of a mortgage, the mortgage shall during the minority be registered in the names of the personal representatives or trustees and they shall have for the purposes of this Law the same powers in reference thereto as the infant would have had if of full age.

(4) A caveat may be lodged in the name or on behalf of an infant by his parent, trustee or guardian.

Section 98—Agents and Persons Under Disability.

(1) No instrument executed by any person as agent for any other person shall be accepted by the Land Registrar unless the person executing the instrument was authorised in that behalf by a power of attorney executed and verified in accordance with sections 93 and 94 of this Law.

(2) The original of such power of attorney, or with the consent of the Land Registrar a copy thereof certified by the Land Registrar, shall be filed.

(3) Where any person is an infant, or of unsound mind, or is under any other disability, the guardian of such person, or if there is no such guardian, a person appointed in accordance with any law to represent that person, may make an application, do any act and be party to any proceeding on behalf of that person and shall generally represent that person for the purposes of this Law.

(4) Before accepting any document purporting to be executed by a guardian or a person so appointed to represent a person under a disability, the Land Registrar shall -

(a) in the case of a person claiming to be a guardian, satisfy himself that such person is entitled to execute the document, and state his reasons in writing for accepting it;

(b) in the case of a person claiming to be appointed to represent a person under a disability, require the production of the appointment and file a copy thereof.

Section 99—Gift to a Person Under Disability.

A person under a disability who has been registered as a proprietor of land or an interest in land acquired by him by way of gift may, within six months after he has ceased to be under the disability, repudiate the gift if he has not already disposed of the subject-matter thereof, but no such repudiation shall be effective until—

(a) he has executed a transfer of the land or interest therein to the donor or his personal representative; and

(b) the transfer has been registered.

Section 100—Registration of Powers of Attorney.

(1) Upon an application made by a donor or donee of a power of attorney which contains any power to dispose of any land or interest in land, such power of attorney shall be entered in the register of powers of attorney and the original, or with the consent of the Land Registrar a certified copy thereof, shall be filed in the file of powers of attorney.

(2) Every such power of attorney shall be in the prescribed form or such other form as the Chief Registrar may, in any particular case, prescribe, and shall be executed and verified in accordance with sections 93 and 94 of this Law.

(3) The donor of a power of attorney registered under this section may at any time upon revocation by him of the power of attorney notify the Land Registrar who shall enter the revocation in the register of powers of attorney and shall also file the notice of revocation in the file of powers of attorney.

(4) Where a power of attorney registered under subsection (1) of this section has been revoked by the death, bankruptcy, insolvency or disability of the donor or by the death or disability of the donee any interested person may give notice of such revocation in writing to the Land Registrar accompanied by such proof as the Land Registrar may require and the Land Registrar shall thereupon enter the revocation in the register of powers of attorney and note it upon the power and shall also file the notice of revocation in the file of powers of attorney.

(5) Subsections (3) and (4) of this section shall not apply to a power of attorney given for valuable consideration during any period for which it is by virtue of the terms thereof irrevocable.

(6) If owing to the length of time since the execution of a power of attorney or for any other reason the Land Registrar considers it desirable, he may require evidence that the power of attorney has not been revoked, and may refuse to register any disposition by the donee of the power of attorney until satisfactory evidence is produced.

Section 101—Effect of Registered Powers of Attorney.

(1) A power of attorney registered under section 100 of this Law and in respect of which no notice of revocation has been registered under that section shall be deemed to subsist in favour of any person who acquires the land or any interest in the land affected through the exercise of that power of attorney in good faith and for valuable consideration and without notice of any unregistered revocation or any person who derives his title from such person.

(2) Any person who makes any payment or does any act in good faith in pursuance of a power of attorney registered under section 100 of this Law shall not be liable for such payment or act by reason only that before the payment or the act the donor of the power of attorney had died or become bankrupt, insolvent or subject to any disability or had revoked the power, if at the time of payment or when the act was done he has no notice of the fact of death, bankruptcy, insolvency, disability or revocation.

PART VIII—TRANSMISSION AND TRUSTS

Section 102—Transmission on Death of Joint Proprietors.

If one of two or more joint proprietors of any land or interest in land dies, the Land Registrar shall upon proof to his satisfaction of the death delete the name of the deceased proprietor from the land register.

Section 103—Transmission on Death of Sole Proprietor or Proprietors in Common.

(1) Subject to subsection (3) of this section where a sole registered proprietor or proprietor in common dies, his personal representative on application to the Land Registrar in the prescribed form and on the production to him of the grant of probate or letters of administration shall be entitled to be registered by transmission as proprietor in place of the deceased proprietor with the following description after his name "as executor of the will of ....................... deceased" or "as the administrator of the property of .................. deceased", as the case may be.

(2) Upon the production to him by the personal representative of the probate or letters of administration the Land Registrar may, without the personal representative being registered, register by transmission—

(a) any transfer by the personal representative;

(b) any surrender of a lease or discharge of a mortgage by the personal representative.

(3) Where there are two or more joint personal representatives of a deceased proprietor the application referred to in subsection (1) shall be made by all the personal representatives jointly and they shall be registered as joint proprietors and they shall jointly execute any transfer, surrender or discharge to be registered under subsection (2).

Section 104—Transmission on Death of a Proprietor.

(1) Subject to any restrictions imposed on the power of the personal representative to dispose of any land or interest in land contained in his appointment, the personal representative or the beneficiary of the deceased proprietor, as the case may be, shall hold the land or interest therein subject to any unregistered liabilities, rights or interests subject to which the deceased proprietor held such land or interest in land.

(2) Without prejudice to subsection (1) of this section and for the purposes of any transmission in respect of such land or interest therein, the personal representative or the beneficiary of the deceased proprietor thereof, shall be deemed to be registered as proprietor thereof with all the rights and subject to all the limitations conferred or imposed by this Law and any other law on a proprietor who has acquired any land or interest in land for valuable consideration.

(3) The registration of any person under section 103 of this Law shall relate back to and take effect from the date of the death of the proprietor.

Section 105—Transmission in Bankruptcy or Insolvency.

(1) A trustee in bankruptcy or insolvency shall, upon the production to the Land Registrar of a certified copy of the order of the Court adjudging a proprietor bankrupt or insolvent or directing that the property of a deceased proprietor shall be administered according to the law of bankruptcy or insolvency, be registered as proprietor of any land or interest in land of which the bankrupt, insolvent or the deceased is proprietor and a copy of the order shall be filed.

(2) A trustee in bankruptcy or insolvency shall be described in the register as "trustee of the property of ........................... a bankrupt or insolvent".

(3) The trustee in bankruptcy or insolvency shall, subject to any restrictions contained in any law for the time being relating to bankruptcy or insolvency, hold any land or interest in land subject to any unregistered liabilities, rights or interests subject to which the bankrupt or insolvent or the deceased proprietor held such land or interest in land.

(4) Without prejudice to subsection (3) of this section and for the purposes of any transmission in respect of such land or interest in land the trustee in bankruptcy or insolvency shall have all the rights and be subject to all the limitations conferred or imposed by this Law or any other law on a proprietor who has acquired the land or interest therein for valuable consideration.

Section 106—Liquidation.

(1) When a company is being wound up, the liquidator shall produce to the Land Registrar any resolution or order by which he is appointed as liquidator and the Land Registrar shall enter the appointment in the folio of the land register relating to any land or interest in land of which the company is registered as proprietor and shall file a copy of the resolution or order.

(2) An instrument executed by or on behalf of a company in liquidation and delivered for registration after the appointment of the liquidator has been entered under subsection (1) of this section shall be sealed with the common seal of the company and attested by the liquidator or, in the case of a company not required by law to have a common seal, shall be signed by the liquidator whose signature shall be verified in accordance with section 94 of this Law.

Section 107—Transmission in Other Cases.

Where any person becomes entitled to any land or interest in land under any law or by virtue of any order or certificate of sale made, or issued under any law, the Land Registrar shall on the application of any interested person supported by such evidence as he may require, register that person as the proprietor.

Section 108—Trusts.

(1) A person acquiring any land or interest in land in a fiduciary capacity and described by that capacity in the instrument of acquisition shall be registered with the addition of the words "as trustee" but the Land Registrar shall not enter particulars of any trust in the register.

(2) An instrument which declares or is deemed to declare any trust, or a certified copy thereof, may be deposited with the Land Registrar for safe custody and reference, but such instrument or copy shall not form part of the land register or be deemed to have been registered.

(3) Whenever it comes to the notice of the Land Registrar that any registered interest is affected by a trust, he may protect in such manner as he thinks fit the rights of any person beneficially interested under the trust or whose consent is thereby required to be given for any transaction under such trust.

Section 109—Survivor of Trustees.

Where two or more proprietors are registered jointly as trustees and the survivor of such proprietors is not entitled to exercise alone the powers which were vested in them, the Land Registrar shall enter in the register a restriction to that effect.

Section 110—Registration of Stools and Families.

(1) Subject to the provisions of this Law and any other law—

(a) where any land or interest in land is vested in a stool or family, the stool or family shall be registered as proprietor of such land or interest;

(b) where any land or interest in land vested in a skin is administered on behalf of the skin by some other person, the skin shall be registered as proprietor of such land or interest and an entry shall be made in the land register showing the person who administers the land or interest:

Provided that for all the purposes of this Law the occupant of the stool or the holder of the skin or a member of a family appointed by the family as its representative for this purpose and served with notices under this Law, may enter a caveat or apply for an order prohibiting or restricting any transaction in respect of any stool, skin or family land on behalf of the stool, skin or family in the same manner and in the same circumstances as he would be entitled to do under this Law were the land or interest registered in his individual name.

(2) Nothing in this Law shall relieve any occupant or subject of a stool or head or member of a family from any duty, customary or otherwise, to consult with or secure the consent or concurrence of other members of the stool or family, or affect the effect or operation of sections 47 and 48 of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (P.N.D.C.L. 42).

(3) Without prejudice to the generality of subsection (2) of section 136 of this Law, no disposition of stool or family land or interest in land shall be registered by the Land Registrar unless it is proved to his satisfaction that any requisite consent and concurrence has been duly given.

PART IX—RESTRAINTS ON DISPOSITION

Section 111—Caveats.

(1) Any person who—

(a) claims any unregistered interest whatsoever enforceable in respect of any registered land or interest in land;

(b) is entitled to a licence; or

(c) has presented a bankruptcy or insolvency petition against the proprietor of any land or interest in land registered under this Law,

may lodge a caveat with the Land Registrar prohibiting the registration of dispositions of, and the making of entries in the register affecting such land or interest.

(2) A caveat may either—

(a)  prohibit the registration of dispositions and the making of entries altogether; or

(b) prohibit the registration of dispositions and the making of entries to the extent specified therein.

(3) A caveat shall be in the prescribed form accompanied by a statutory declaration made in accordance with the Statutory Declarations Act, 1971 (Act 389).

(4) The Land Registrar may refuse to register a caveat if he considers it unnecessary or if the purposes of the caveat can better be effected by the registration of an interest under this Law.

(5) Subject to the provisions of this section, a caveat shall be registered in the appropriate folio of the land register.

Section 112—Notice and Effect of Caveats.

(1) The Land Registrar shall give notice in writing of a caveat to every proprietor whose land or interest in land is affected.

(2) So long as a caveat remains registered, no disposition which is inconsistent with it shall be registered except with the consent of the caveator or by an order of the Court or the Land Registrar.

Section 113—Withdrawal and Removal of Caveats.

(1) A caveat may be withdrawn by the caveator or removed by an order of a Court or subject to subsection (2) of this section by an order of the Land Registrar.

(2) The Land Registrar may—

(a) on the application of any interested person, serve notice on the caveator that his caveat shall be removed at the expiry of such period as may be specified in the notice;

(b) remove the caveat if before the expiry of the period specified in the notice the caveator has indicated that he has no objection to the removal of the caveat.

(3) Where the caveator objects to the removal of the caveat he shall, before the expiry of the period specified in the notice, notify the Land Registrar who after hearing the interested parties shall make such order as he thinks fit.

(4) On the withdrawal or removal of a caveat, the registration of the caveat shall be cancelled and any liability incurred by the caveator under section 115 of this Law shall not be affected by the cancellation.

Section 114—Further Caveats in Respect of the Same Matter.

The Land Registrar may refuse to accept a further caveat by the same person or another person on his behalf in relation to the same matter in respect of which there is subsisting caveat.

Section 115—Wrong Caveats.

Any person who lodges or maintains a caveat wrongfully and without reasonable cause shall be liable, in an action at the suit of any person who has suffered damage as a result of such caveat, to pay compensation to such person.

Section 116—Land Registrar to Give Notice of Intention to Register Instruments Affected by Caveat.

(1) Where an application is made for the registration of a disposition or the making of an entry, the registration or making of which is prohibited by a caveat, the Land Registrar shall serve on the caveator a notice of his intention to register the disposition or make the entry, after the expiry of a period of twenty-one days from the date of the issue of the notice unless before the expiry of that period—

(a) an order to the contrary has been made by the Court and served on the Land Registrar; or

(b) the application has been withdrawn or has otherwise become incapable of acceptance.

(2) Where, before the expiry of the notice issued under subsection (1) of this section the application to which the notice relates is withdrawn, or has otherwise become incapable of acceptance, the notice shall be cancelled, and the caveat shall remain in force until it lapses under section 117 of this Law.

Section 117—Lapsing of Caveats.

(1) A caveat shall lapse and cease to affect any land or interest in land—

(a) at the expiry of the period of twenty-one days prescribed under section 116 of this Law from the date of the issue of the notice under that section unless the Court has made an order to the contrary, in which case it shall lapse according to the terms of the order;

(b) if before the expiry of the period specified in the notice given under section 116 of this Law the caveat is withdrawn or removed; or

(c) at the expiry of five years from the date of the lodgment of the caveat.

(2) Where, after the expiry of a notice given under section 116 of this Law the Land Registrar registers the disposition or makes the entry referred to in the notice, and such registration or entry does not wholly exhaust the intended purpose of the caveat, the caveat shall be deemed to have lapsed only to the extent necessary to permit such registration.

(3) Where a caveat has lapsed either wholly or partially the Land Registrar shall enter in the land register an appropriate notification to that effect.

(4) Where a caveat has lapsed by virtue of paragraph (c) of subsection (1) of this section a fresh caveat may be lodged in respect of the same matter either during the currency of an existing caveat or otherwise.

Section 118—Restrictions.

(1) The Court may upon the application of any person interested in any land or interest in land or the Land Registrar may, either with or without such application after directing such inquiries to be made and notices to be served and after hearing such persons as the Court or the Land Registrar, as the case may be, thinks fit, and if satisfied that there is a limitation or qualification on the power of the proprietor to deal with the land or interest therein, or that the interests of justice will be served thereby, make an order (in this Law referred to as "a restriction") prohibiting or restricting any transaction in respect of any particular land or interest in land.

(2) A restriction may—

(a) be valid—

(i) for a specified period; or

(ii) until the occurrence of a particular event; or

(iii) until the making of a further order;

(b) prohibit or restrict all transactions or only such transactions as are inconsistent with specified conditions.

(3) A restriction shall be registered in the appropriate folio of the land register.

Section 119—Notice and Effect of Restriction.

(1) The Land Registrar shall give notice in writing of a restriction entered in the land register to any proprietor affected by such restriction.

(2) No transaction which is inconsistent with a subsisting restriction shall be registered except by an order of a Court or the Land Registrar.

Section 120—Removal and Variation of Restriction.

(1) The Land Registrar may at any time, upon an application by any interested person or of his own motion and after having given the parties affected by the restriction an opportunity of being heard, order the removal or variation of a restriction.

(2) Upon an application to the Court by any interested person and upon notice thereof to the Land Registrar, the Court may order the removal or variation of a restriction.

PART X—RECTIFICATION AND INDEMNITY

Section 121—Rectification by the Land Registrar.

(1) The Land Registrar may rectify the land register or any instrument presented for registration if—

(a) the land register or instrument contains clerical errors, omissions or such other matters as do not materially affect the interests of any proprietor; or

(b) at any time, all interested persons consent to the rectification; or

(c) upon a survey verified and approved by the Director of Surveys, any dimension or area shown in the land register is found to be incorrect:

Provided that the Land Registrar shall, before rectifying any dimension or area under paragraph (c) of the last preceding subsection shall give notice to all interested persons of his intention to rectify the land register.

(2) Upon proof of the change of the name or address of any proprietor, the Land Registrar shall, on the written application of the proprietor, cause an entry to be made in the land register recording the change.

Section 122—Rectification by Court.

(1) Subject to subsection (2) of this section, the Court may in its discretion, order the rectification of the land register by directing that any registration be cancelled or amended where it is satisfied that such registration has been obtained, made or committed by fraud or mistake.

(2) The register shall not be rectified so as to affect the title of a proprietor who has acquired any land or interest in land for valuable consideration unless such proprietor had knowledge of the omission, fraud or mistake in consequence of which the rectification is sought or had himself caused such omission, fraud or mistake or substantially contributed to it by his act, neglect or default.

Section 123—Right to Indemnity.

(1) Subject to the provisions of this Law and to the Limitation Decree, 1972 (N.R.C.D. 54), any person who has suffered any damage in consequence of being deprived of or prevented from acquiring land or any interest or right in land by reason of—

(a) any rectification of the register under this Law; or

(b) any mistake or omission in the register which cannot be or is not ordered to be rectified under this Law; or

(c) any error in a copy of or extract from any document or plan certified under this Law,

shall be entitled to indemnity by the Government out of moneys provided for that purpose.

(2) No indemnity shall be payable under this Law to any person who has himself caused or substantially contributed to the damage by his fraud or negligence or who derives his title (otherwise than under a registered disposition made bona fide for valuable consideration) from any person who so caused or substantially contributed to the damage.

Section 124—Amount of Indemnity.

An indemnity in respect of the loss of any land or interest or right in land shall not exceed—

(a) where the land register is not rectified, the value of the land, interest or right at the time when the mistake or omission which caused the damage was made; or

(b) where the land register is rectified, the value of the land interest or right immediately before such rectification.

Section 125—Procedure for Claiming Indemnity.

The Chief Registrar may, on the application of any interested party, determine whether a right of indemnity has arisen under this Part, and, if so, award an indemnity and any costs and expenses properly incurred in relation to the matter.

Section 126—Recovery of Indemnity Paid.

Where any moneys are paid by way of indemnity under this Part, the Secretary shall be entitled to recover by suit or otherwise the amount so paid from any person who had caused or substantially contributed to the loss by his fraud or negligence, and to enforce any express or implied agreement or other right which the person who is indemnified would have been entitled to enforce in relation to the matter in respect of which the indemnity has been paid.

Section 127—Errors in Survey.

(1) As between the Government and a proprietor, no claim for indemnity shall arise and no suit shall be maintained on account of any surplus or deficiency in the area or measurement of any land shown by a survey as compared with the area or measurement found in a previous survey or the area or measurement shown in the registry map.

(2) As between a proprietor and any person from or through whom he acquired the land, no claim for indemnity shall be maintained on account of any surplus or deficiency in the area or measurement of the land as compared with the area or measurement shown in the land register or on the registry map until after the expiry of a period of six months commencing from the date of registration of the transaction by which the proprietor acquired the land.

PART XI—MISCELLANEOUS

Section 128—Protection of Officers.

The Chief Registrar, the Land Registrar and other officers of the Registry shall not be liable for any act or omission done in good faith in the exercise of their powers under this Law.

Section 129—Fees.

There shall be charged in respect of any search, survey, plan, printed form and every other matter connected with registration such fees as may be prescribed and the Land Registrar may refuse registration until the fees are paid.

Section 130—Offences.

(1)Any person who—

(a) fraudulently issues, makes or procures the issue or making of any document or registration or any erasure or alteration in any document kept in or issued by the Registry; or

(b) fraudulently removes from the Registry any land register or part of any land register or any other document filed therein; or

(c) fraudulently defaces, obliterates or mutilates or causes to be defaced, obliterated or mutilated any land register or other document kept in the Registry; or

(d) fraudulently causes any unauthorised entry or alteration to be made in any land register or other document kept in the Registry,

shall be guilty of an offence and liable on summary conviction to a fine of not less than five thousand cedis or more than ten thousand cedis or to imprisonment not exceeding six months or to both.

(2) Any person who without reasonable excuse, the burden of proof whereof shall be on him, wilfully neglects or refuses to indicate his land or land in which he claims an interest or to assist in the demarcation of such land when required to do so by a Surveyor or an officer under this Law, shall be guilty of an offence and liable on summary conviction to a fine of not less than two thousand cedis or more than five thousand cedis or imprisonment not exceeding six months or to both.

(3) No proceedings or conviction in respect of any act which is an offence under this section shall affect any remedy which any person aggrieved or injured by such act may be entitled to against the person who committed the act or against his estate.

Section 131—Appeals.

(1) Where the Chief Registrar or the Land Registrar refuses to perform any act or duty which he is required or empowered by this Law to perform or where a proprietor or other interested person is dissatisfied with any direction, decision or order of the Chief Registrar or the Land Registrar in respect of any application, claim, matter or thing under this Law, he may appeal to the High Court.

(2) Any person aggrieved by any decision of the Adjudication Committee in respect of any matter referred to it under this Law may appeal to the High Court.

(3) Any person aggrieved by any decision of the High Court in respect of an appeal lodged under subsection (1) or (2) of this section may appeal to the Court of Appeal with a further right of appeal to the Supreme Court against a decision of the Court of Appeal.

Section 132—Effect of Appeals on Registration.

Where a person lodges an appeal under section 131 of this Law he shall within fourteen days give notice in writing of the appeal to the Land Registrar who shall make a note thereof in the part or parts of the land register affected by the appeal, and without prejudice to the effect of the appeal on any previous entries in the land register, any subsequent registration shall have effect subject to the outcome of the appeal.

Section 133—Chief Registrar to State Special Case to the High Court.

(1) Without prejudice to the provisions of this Law, where upon examination of any instrument lodged for registration under this Law the Land Registrar entertains any doubt as to any matter of law concerning the construction of such instrument he shall refer the matter to the Chief Registrar who may state a case for the decision of the High Court.

(2) A decision of the Court in respect of any matter referred to it under subsection (1) of this section or, in the case of an appeal the final decision in the case, shall be conclusive and binding on all the parties to the case.

Section 134—Regulations.

Except as otherwise provided in this Law, the Secretary may by legislative instrument make regulations generally to give effect to the purposes and the provisions of this Law and in particular and, without prejudice to the generality of the foregoing, for prescribing the qualifications for Land Registrars and the forms to be used under this Law and the fees payable for anything to be done thereunder and for prescribing anything which may be prescribed under this Law.

Section 135—Application.

(1) The provisions of this Law shall be applicable in any area declared a registration district under section 5 of this Law.

(2) Until the provisions of this Law become applicable under subsection (1) of this section to any particular area the registration of instruments affecting land situated in the area shall continue to be done in accordance with the provisions of the Land Registry Act, 1962 (Act 122).

Section 136—Conflict with Other Laws.

(1) Except as otherwise provided in this Law, no other law, practice or procedure relating to land shall apply to any land registered under this Law to the extent that such law, practice or procedure is inconsistent with this Law.

(2) Unless otherwise provided nothing contained in this Law shall be construed to permit any land transaction which is forbidden by express provisions of any other law or to override any provisions of any other law requiring the consent, concurrence or approval of any other person, body or authority to such transaction either as a condition of its validity or otherwise.

Section 137—Law to Bind the Republic.

Subject to the provisions of any other enactment, this Law shall bind the Republic.

Section 138—Repeals.

Sections 4 to 11 of the Conveyancing Decree, 1973, (N.R.C.D. 175) are hereby repealed.

Section 139—Interpretation.

In this Law unless the context otherwise requires—

"Adjudication Committee" means the Land Title Adjudication Committee as provided for in section 22 of this Law;

"Board" means the Title Registration Advisory Board as provided for in section 10 of this Law;

"Chief Registrar" means the Chief Registrar of Lands appointed under section 3 of this Law;

"demarcation map" means a demarcation index map prepared under section 26 of this Law;

"disposition" means any act inter vivos by a proprietor of land or of an interest in land whereby his rights in or over the land, are affected, other than an agreement to do such an act;

easement" means a right capable of existing as an easement under the rules of common law attached to land and allowing the proprietor of the land or of an interest therein either to use another land in a particular manner or to restrict its use to a particular extent but does not include any right capable of existing as a profit or a restrictive agreement;

"encumbrance" includes any lease, mortgage or charge capable of being registered under this Law;

"family" includes any group of persons recognised by an applicable customary law as constituting a family or other corporate person with the capacity to be the single proprietor of land or an interest in land, and

"family land" includes land or an interest in land owned by a family;

“file" means to place in the appropriate record in the Registry;

"infant" means a person who has not attained the age of twenty-one years;

"instrument" means any writing affecting land situate in Ghana including a judge's certificate and a memorandum of deposit of title deeds;

"interest in land" means any right or interest in or over land which is capable of registration under this Law;

"Land" means land as defined in section 32 of the Interpretation Act, 1960 (CA 4);

"land certificate" has the meaning assigned to it in section 51 of this Law;

"land register" means the register of proprietors of land and interests in land kept in accordance with this Law;

"Land Registrar" has the meaning assigned to it under subsection (2) of section 3 of this Law and includes Principal Land Registrars, Land Registrars and Assistant Land Registrars;

"lease" includes a sublease or other tenancy whether granted under customary law or otherwise registrable under this Law;

"licence" means a permission given by a proprietor of land or of an interest in land which allows the licensee to do certain acts in relation to the land which would otherwise be a trespass, but does not include an easement or a profit;

"mortgage" has the meaning assigned to it in section 1 of the Mortgages Decree, 1972 (N.R.C.D. 96);

"parcel" means an area of land which has been or will after registration be separately delineated in the registry map;

"personal representative" has the meaning assigned to it in subsection (1) of section 108 of the Administration of Estates Act, 1961 (Act 63);

"profit" means the right to go on the land of another person to take a particular type of object from that land, whether part of the soil or a product of the soil;

"proprietor" means in relation to any land or interest in land, the person named in the land register as the proprietor thereof; and also means the donee of a power to appoint or dispose of the same;

"registration district" means a district declared under section 5 of this Law for the purposes of registration of land and includes a registration section;

"registration section" means a division of a registration district constituted under section 7 of this Law;

"Registry" means the Land Title Registry established under section 1 of this Law;

"registry map" means the map or series of maps referred to in section 34 of this Law;

"Secretary" means the Provisional National Defence Council Secretary responsible for Lands;

"Stool" includes a skin as well as any person or body of persons having control over skin or community land including family land, as a representative of the particular community;

"Stool land" includes any land or interest in or right over any land controlled by a stool or the head of the particular community, including a family as known to customary law, for the benefit of the subjects of that stool or the members of that community;

"Surveyor" includes an official Surveyor or a licensed land Surveyor authorised by the Director of Surveys to perform any function under this Law;

"tacking" means the process whereby a loan, advanced subsequently to the creation of a second mortgage of a parcel, may be secured on the first mortgage of that parcel and thereby take priority over the second mortgage;

"transfer" means the passing of land or an interest in land by an act of the parties and not by operation of law, and also the instrument by which such passing is effected;

"transmission" means the transfer of land or an interest in land from one person to another by operation of law or death, bankruptcy, insolvency or otherwise or by virtue of appointment or succession to any office and by compulsory acquisition of land under any enactment.

Made this 22nd day of April, 1986.

FLT.-LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette Notification: 4th July, 1986.