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FARM LANDS (PROTECTION) ACT, 1962
(ACT 107)
ARRANGEMENT OF SECTIONS
Section
1. Extinguishing Title to Land.
2. Power to Confer Valid Title.
3. Offence.
4. Application.
5. Interpretation.
THE HUNDRED AND SEVENTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA ENTITLED
THE FARM LANDS (PROTECTION) ACT,
1962
AN ACT to protect farmers whose
titles to land are found to be
defective.
DATE OF ASSENT: 24th February,
1962
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Extinguishing Title to
Land.
Where a person, in this Act
referred to as a farmer, acquires
land after the commencement of
this Act for the purposes of
farming and does not farm a part
or the whole of that land for a
period of eight years from the
date of the acquisition, his title
to the whole of the land or that
portion that has not been farmed
shall be deemed for all purposes
to have been extinguished.
Section 2—Power to Confer Valid
Title.
(1) Where a farmer has, in good
faith, at any time after the
thirty-first day of December,
1940, and before the commencement
of this Act, acquired any land by
customary law or otherwise in a
prescribed area for purposes of
farming and has begun farming on
that land within eight years from
the date of such acquisition, this
section shall, notwithstanding any
defect in the title to the
contrary, operate to confer valid
title on such farmer:
Provided that the land in question
had not been farmed by any other
person for a period of eight years
previous to the acquisition by the
farmer.
(2) Where there are any
proceedings for vacant possession
on the ground that a person other
than the farmer who acquired the
land under the preceding
subsection is entitled to the land
or proceedings have been
instituted or are instituted by
such farmer on the ground that his
title to the land is being in any
manner challenged, the Court,
where it considers that if this
Act had not been passed a
possession order would fall to be
made by reason that the
acquisition taken by the farmer
did not operate to confer on him
the title to the land, but that to
make an order would cause hardship
and injustice to the person
against whom it would fall to be
made, may, instead of making the
possession order, make an order
providing that the acquisition by
the farmer shall be deemed for all
purposes to have operated to
confer on him the title to the
land.
(3) Where an order is made under
the immediately preceding
subsection and the Court considers
that the order would by itself
cause hardship and injustice to
any person, the Court may make a
further order requiring the person
in whose favour the order is made
to pay the other person a sum of
money by way of compensation:
Provided that the aggregate of any
such sum ordered to be paid under
this section shall not exceed an
amount equal to twice the value of
the consideration paid at the date
of the purported acquisition.
(4) The provisions of this section
shall not apply to any land in
respect of which final judgment
relating to title has been
obtained.
Section 3—Offence.
Any person who procures or
attempts to procure any other
person to give up possession of
land by any means other than by
due process of a Court of
competent jurisdiction shall be
guilty of a misdemeanour.
Section 4—Application.
The Minister responsible for stool
lands may, by legislative
instrument, prescribe any area to
which the provisions of this Act
shall apply.
Section 5—Interpretation.
In this Act unless the context
otherwise requires—
"possession order" means an order
requiring the delivery up of
possession of land or setting
aside a purchase or acquisition of
land or making a declaration of
title or otherwise in defeasance
of title to land;
"farming" means to plant and
cultivate crops, and cognate
expressions shall be construed
accordingly.
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