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THE HUNDRED AND TWENTY-SECOND
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE LAND REGISTRY ACT, 1962
AN ACT to consolidate with
amendments the law relating to the
registration of instruments
affecting land.
DATE OF ASSENT: 14th June, 1962
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
PART I—REGISTRY OFFICES
Section 1—Offices to be
Established.
There shall be a registry office
at Accra, and at such other place
or places as the Minister may
appoint. The Minister may remove
any office from one place to
another, and increase or diminish
the number of offices.
Section 2—Appointment of
Registrars.
The President shall appoint a
Chief Registrar of Lands to
supervise all registry offices,
and a registrar at each office.
PART II—PRESENTATION OF
INSTRUMENTS FOR REGISTRATION
Section 3—Instruments
Registration.
Any instrument may be registered
under this Act subject to the
conditions herein contained.
Section 4—Instruments, Except
Wills, to Describe the Land
Affected.
No instrument, except a will or
probate, shall be registered
unless it contains a description
(which may be by reference to a
plan) which, in the opinion of the
registrar, is sufficient to enable
the location and boundaries of the
land to which it relates to be
identified or a sufficient
reference to the date and
particulars of registration of an
instrument affecting the same land
and already registered.
Section 5—Proof of Instruments.
(1) Every instrument presented for
registration (except a will or an
instrument which may be registered
without proof under the provisions
hereinafter contained), shall be
proved by the oath of the grantor
or one of the grantors, or of the
grantee or one of the grantees, or
of one of the subscribing
witnesses, to have been duly
executed by the grantor.
(2) Any original will presented
for registration shall be proved
by the oath of one of the
subscribing witnesses, or, if both
of them are dead or if from any
other circumstance an affidavit
cannot be obtained from either of
them, by the oath of some other
person present at the execution of
the will, or, failing such person,
by the oath of some person or
persons who can testify to the
handwriting of the testator and
the subscribing witnesses, to have
been duly executed by the
testator.
(3) The oath shall also state
whether the grantor or testator
could read and write, and , if he
could not read and write, shall
state (except in case of a will
where the deponent was not present
at its execution) that the
instrument was read over and
interpreted to him at the time of
its execution by him and that he
appeared to understand its
provisions.
Schedule.
Form A.
Form B.
(4) The oath required for proving
an instrument shall be put into
writing and signed by the deponent
and filed with the registrar.
Every registrar may administer the
oath. The oath may be in the Form
A or B in the Schedule with such
variations as circumstances
require.
Section 6—Before Whom Proof Shall
be Made.
(1) The proof hereby required
shall be made as follows—
(a) if the instrument was executed
in Ghana, before the registrar at
the office where it is presented
for registration, or before a
Judge, District Magistrate, or a
registrar of the High Court;
(b) if the instrument was executed
in any Commonwealth country,
before a Judge, Magistrate, notary
public, or diplomatic agent or
consular officer representing or
acting on behalf of the Republic
in that country;
(c) if the instrument was executed
in any other country, before a
notary public, or diplomatic agent
or consular officer representing
or acting on behalf of the
Republic in that country.
Form E.
(2) An instrument not proved
before the registrar shall not be
registered unless it bears a
certificate as near as may be in
the Form E in the Schedule
purporting to be under the hand
and official seal or private seal
(if there is no official seal), or
the hand alone if the person has
no official or private seal, of
some one of the persons authorised
to receive such proof to the
effect that the instrument has
been proved.
Section 7—Probate and Judge's
Certificates.
A
probate or a judge's certificate
may be registered without proof
upon production thereof to the
registrar.
Section 8—Instruments Kept in
Public Office In another Country.
If an instrument be executed in
any part of the world where by law
the original is kept in the
custody of a public officer, a
copy of the original and the
certificate of proof thereof,
certified to be correct by the
public officer in whose custody
the original is kept, shall be
registered in the same manner as
an original instrument, provided
the original has been proved in
accordance with this Act.
Section 9—Instruments Executed
Before the 24th March, 1883.
The will of a person who died
before the 24th day of March,
1883, and any other instrument
executed before that date, may be
registered without proof.
PART III—MODE OF REGISTRATION
Section 10—Certificate of
Registration.
Form D.
Form F.
The registrar at each office shall
immediately after the proof before
him of any instrument presented
for registration, and upon the
presentation of any instrument
duly proved before any other
person, or of any instrument which
may be registered under this Act
without proof, place upon the
instrument a certificate in the
Form D or F, as the case may be,
in the Schedule, or as near
thereto as may be, specifying the
year, month, day, and hour of the
proof or presentation, as the case
may be, of such instrument; and
the year, month, day, and hour
specified in the certificate
shall, if the instrument is
ultimately registered, be taken to
be the year, month, day, and hour
at which the instrument was
registered.
Section 11—Register.
The registrar shall keep a
Register, and, subject to the
exceptions hereinafter stated,
shall register therein in manner
hereinafter provided all
instruments presented to him in
the prescribed form.
Section 12—Registration of
Duplicate or Copy.
(1) Registration shall consist in
filing a duplicate or copy (to be
provided by the person presenting
the instrument for registration)
of the instrument brought for
registration.
(2) Every duplicate or copy shall
bear the certificate required by
section 10 of this Act to be
placed on the original instrument,
and also a certificate signed by
the registrar that such duplicate
has been compared and verified
with the original.
(3) The duplicate or copy may be
printed, written, typewritten,
photographed or copied by any
other process.
(4) The registrar may refuse to
accept any duplicate or copy that
is made on paper or other material
which in his opinion is of a size
unsuitable for filing or of
insufficient substance to be
durable, and may refuse to accept
any duplicate or copy made in a
way which in his opinion does not
produce a permanent impression.
Section 13—Numbering and Filing of
Duplicates or Copies.
The registrar shall number every
duplicate or copy so filed
consecutively, and shall file
duplicates or copies in the order
in which they are received by him.
Section 14—Endorsed Instruments.
An instrument endorsed on another
instrument shall not be registered
without the instrument on which it
is endorsed, unless the latter
instrument is already registered.
Section 15—Replacement of
Illegible Instruments.
If in the opinion of a registrar
any duplicate or copy of an
instrument registered in
accordance with the provisions of
this Act has deteriorated or
become illegible or is likely to
deteriorate or become illegible,
he may substitute therefor a
further copy of the original
instrument or, as the case may be,
an improved and legible copy of
the deteriorated or illegible
duplicate or copy. In every such
case the registrar shall endorse
upon the substituted document a
certificate setting forth the
circumstances which rendered the
substitution necessary.
Section 16—Copies of Maps and
Plans to be Provided.
Where a map or plan is comprised
in or annexed to an instrument, a
true copy of the map or plan must
accompany the instrument when
brought for registration, and
shall be filed in the register.
Section 17—Books and Registers of
Particulars of Instruments to be
Kept.
(1) The registrar shall keep a
book in which he shall, upon
registration of any instrument,
enter the registered number, the
names of the parties, the date and
nature of the instrument, and the
date of registration.
(2) The Chief Registrar may cause
registrars to keep such other
books and registers as he thinks
fit.
Section 18—Publication of Lists of
Registered Instruments.
Form G.
Within ten days after the last day
of each month the registrar in
charge of each office shall send
to the Chief Registrar a complete
list in the Form G in the
Schedule, or to that effect, of
all instruments registered in his
office during the past month. On
receipt of these lists the Chief
Registrar shall within fourteen
days compile one general list
which shall be retained in his
office, and shall send one copy of
it to the registrar in charge of
each office and publish the list
in the Gazette.
Section 19—Searches, Copies and
Extracts.
A
registrar shall, upon application,
allow searches to be made at all
reasonable times in any book,
register or list in his custody,
and shall upon request give
certified copies of, or extracts
from, any entry in any such book,
register or list or of any
duplicate or copy of a registered
instrument filed in his register.
PART IV—POWER TO REFUSE
REGISTRATION
Section 20—Refusal of
Registration.
A
registrar may, subject to the
provisions of this Part of this
Act, refuse to register an
instrument affecting any
particular land if—
(a) he is satisfied that 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 some predecessor
in title or by any other person;
or
(b) on the face of the records the
grantor does not appear to him to
be entitled to deal with the land
as the instrument purports to do;
or
(c) the instrument is made in
contravention of, or is null and
void by virtue of, any enactment;
or
Section 21—Notice of Grounds of
Objection to Register.
Where, on presentation of an
instrument for registration, the
registrar is of opinion that there
may be grounds under paragraph
(a), (b) or (c) of section 20 of
this Act for refusal to register
the instrument he shall notify the
grantor and the grantee of his
opinion and the grounds thereof
giving them three months within
which to reply to the notice and
to satisfy the Chief Registrar as
to the grantor's title to deal
with the land in the manner
proposed by the instrument.
Where, on presentation of an
instrument for registration, the
registrar is of opinion that there
may be grounds under paragraph
(a), (b) or (c) of section 20 of
this Act for refusal to register
the instrument he shall notify the
grantor and the grantee of his
opinion and the grounds thereof
giving them three months within
which to reply to the notice and
to satisfy the Chief Registrar as
to the grantor's title to deal
with the land in the manner
proposed by the instrument.
Section 22—Formal Hearing of
Application for Registration.
(1) Where the Chief Registrar
remains unsatisfied as to the
title of the grantor to execute
the instrument he shall notify the
grantor and grantee of his opinion
and that, unless the application
for registration is withdrawn
within thirty days or such
extended period, not longer than
three months as the Chief
Registrar may for good cause
allow, he will proceed to deal
with it in the manner provided by
this section.
(2) If the application is not
withdrawn within the appointed
time, the Chief Registrar shall
serve upon the grantor and the
grantee and upon every person
whose interest in the land appears
to him to be affected by the
instrument, notice of the time and
place at which he will proceed to
hear and determine the question
whether registration of the
instrument should be refused, and
shall publish notice of the
hearing in the Gazette and in some
newspaper circulating in the area
in which the land is situated and
may cause notice thereof to be
published in such other manner as
he thinks fit.
(3) The Chief Registrar shall
proceed to hear and determine the
question at the time and place
appointed or at any other time or
place to which he may adjourn the
hearing. He shall hear every
person claiming to be entitled to
an interest in the land.
(4) The decision of the Chief
Registrar shall be communicated in
writing to the grantor and to
every person represented at the
hearing and shall be published in
the same manner as the notice of
the hearing.
(5) The grantor, the grantee, any
other party represented at the
hearing and, by leave of the
Court, any other person may appeal
to the High Court from the
decision of the Chief Registrar.
(6) Subject to rules of court, the
rules governing appeals from a
Circuit Court to the High Court in
civil matters shall apply to the
appeal.
Section 23—Requirement as to
Registration of Instruments
Showing Grantor's Title.
(1) The Chief Registrar may, as a
condition of registration, require
the grantor to present for
registration any instruments prior
to the instrument presented for
registration which, in the opinion
of the Chief Registrar, are
necessary in order to show on the
face of the register the title of
the grantor to execute the
instrument.
(2) Where the grantor satisfies
the Chief Registrar as to the
existence and purport of any such
prior instrument and that the
instrument is not within the
possession, power or control of
the grantor, the Chief Registrar
may accept and register, in lieu
of the instrument, such
documentary evidence thereof as he
considers sufficient.
PART V—CONSEQUENCES OF
REGISTRATION
Section 24—Registration necessary
for Validity.
(1) Subject to subsection (2), of
this section, an instrument other
than,
(a) a will, or
(b) a judge's certificate,
first executed after the
commencement of this Act shall be
of no effect until it is
registered.
(2) Nothing in this Act shall
operate to prevent any instrument
which, by virtue of any enactment,
takes effect from a particular
date from so taking effect.
Section 25—Registration to be
Actual Notice.
(1) The registration of any
instrument shall be deemed or
constitute actual notice of the
instrument and of the fact of
registration to all persons and
for all purposes, as from the date
of registration, unless otherwise
provided in any enactment.
(2) This section does not apply to
a judge's certificate or a
probate.
Section 26—Priority of
Instruments.
(1) An instrument, other than a
will or judge's certificate,
whether executed before or after
the commencement of this Act,
shall, so far as regards any land
affected thereby, take effect in
accordance with this Part of this
Act as against other instruments
affecting the same land.
(2) The instrument shall, upon
registration, take such effect
from the date of its execution if
it was presented for registration
within whichever of the following
periods is applicable —
(a) if executed at the place where
it is registered, the period of
fifteen days from its date;
(b) if executed elsewhere in
Ghana, the period of sixty days
from its date;
(c) if executed abroad, the period
of three months from its date.
(3) The will of a testator dying
on or after the 24th day of March,
1883, shall, so far as regards any
land affected thereby, take such
effect from the death of the
testator if registered within such
of the following periods as is
applicable, that is to say,
(a) in the case of the will of a
person dying in Ghana, the period
of two months next after the death
of the testator;
(b) in the case of the will of a
person dying abroad, the period of
eighteen months next after the
death of the testator;
and in any other case, the will
shall take effect from the date of
its registration.
(4) Every judge's certificate
shall take such effect in
accordance with its terms.
(5) In any other case, the
instrument shall, except as
otherwise expressly provided in
this Part of this Act, take such
effect from the date of its
registration.
Section 27—Copies or Extracts May
be Put in Evidence.
(1) Every copy or extract or
certificate of registry purporting
to be signed by a registrar shall
be receivable in evidence in any
Court without further or other
proof thereof, unless it is proved
to be a forgery.
(2) The party proposing to use it
in evidence in a civil case shall
give notice of his intention in
writing to the opposite party, and
at the same time shall deliver to
him a copy of the copy or extract
and of the certificate thereon;
and on proof of the service or on
admission of the receipt of such
notice and copy, the certified
copy or extract shall be received
in evidence if the Court is of
opinion that the service has been
made in sufficient time before the
hearing to enable the opposite
party to apply for a search of the
original book or the register from
which the copy or extract has been
taken.
PART VI—MISCELLANEOUS
Section 28—Inspection of
Registers, Books and Records.
The books, registers and records
in each office shall be inspected
by a Judge of a superior court at
such times as the Chief Justice
shall direct.
Section 29—Protection of
Registrars.
No action shall be brought against
the Chief Registrar or a registrar
in respect of anything done or
omitted to be done by him in good
faith in the execution or supposed
execution of his functions under
this Act.
Section 30—Previously Registered
Instruments.
All instruments duly registered or
deemed to be duly registered in
pursuance of any law in force
prior to the commencement of this
Act shall be retained by the
registrars in charge thereof and
every instrument duly registered
therein in pursuance of the law
governing its registration at the
date of its registration shall be
deemed to be duly registered under
this Act and shall continue to
take effect in accordance with
that law.
Section 31—Kumasi Lands.
The registers established under
section 23 of the Kumasi Lands
Ordinance (Cap. 145), shall
constitute a Register for the
purposes of this Act of land
vested in the President in trust
for the Golden Stool and the
Kumasi traditional area, and those
registers, and key maps relating
to such land, shall be transferred
to, and kept by, the Chief
Registrar.
Section 32—Proceedings Under Land
Development (Protection of
Purchasers) Act, 1960.
(1) Where proceedings to which the
Land Development (Protection of
Purchasers) Act, 1960 (Act 2) and
the Farm Lands (Protection) Act,
1962 (Act 107) apply are
instituted in any Court, the
registrar of the Court shall give
notice of the proceedings to the
Chief Registrar who shall adjourn
consideration of any matter
affecting the land which is the
subject of the proceedings until
the conclusion of the proceedings.
(2) The registrar of the Court by
which the proceedings are finally
disposed of shall send to the
Chief Registrar a copy of the
judgment and order of the Court,
and the Chief Registrar shall make
such additional entries and make
such cancellations and alterations
in the register as may be
necessary to give full effect
thereto.
Section 33—Regulations.
(1) The Minister may, by
legislative instrument, make
Regulations for carrying into
effect the purposes of this Act.
(2) Without prejudice to the
generality of subsection (1) the
regulations may include provisions
for the charging of fees for any
services performed under this Act
and for the regulation of costs.
Section 34—Offences for Fraudulent
Transactions.
Any person who knowingly —
(a) purports to make a grant of a
piece of land to which he has no
title; or
(b) purports to make a grant of a
piece of land without authority;
or
(c) makes conflicting grants in
respect of the same piece of land
to more than one person, shall be
guilty of an offence which shall
be a second degree felony and may,
in addition to any other
punishment that may be imposed
upon him, be liable to pay an
amount of twice the value of the
aggregate consideration received
by him.
Section 35—Repeal and Saving.
(1) The Land Registry Ordinance
(Cap. 133) is hereby repealed.
(2) Any instrument made under the
repealed enactment and in force
immediately before the
commencement of this Act and fees
and costs in relation to any
matter for which provision is made
by this Act shall, until otherwise
provided by regulations under this
Act, continue in force.
Section 36—Interpretation.
In this Act, unless the context
otherwise requires,
"Ghana" in relation to any time
prior to the 6th day of March,
1957, means the territory
comprised in Ghana on that date;
"grantee" includes every person
taking or claiming any interest
under any instrument;
"grantor" includes a vendor,
donor, mortgagor, lessor, or other
person conveying, mortgaging,
charging, or demising land;
"instrument" means any writing
affecting land situate in Ghana,
including a judge's certificate
and a memorandum of deposit of
title deeds;
"judge's certificate" means a
certificate of purchase of land
sold in execution signed by a
Judge or a District Magistrate,
and a certificate of title signed
by a Judge under the State
Property and Contracts Act, 1960
(CA 6).
"Minister" means the Minister to
whom functions under this Act are
assigned by the President.
Section 37—Commencement.
This Act shall come into operation
on such day as the Minister may,
by legislative instrument,
appoint.
SCHEDULE
FORM A
(Section 5)
OATH OF GRANTOR
I, A.B.,O......., make oath and
say that on the ....... day of
.............. 19..., I duly
executed the instrument now
produced to me and marked A, and
that I can read and write (or,
cannot read and write and that the
said instrument was read over and
interpreted to me by ...... at
the time of its execution and that
I understood its provisions).
Sworn at .............. this
................. day of
................... , 19........
Before me,
FORM B
(Section 5)
OATH OF GRANTEE OR WITNESS
I, N.M., of ............ , make
oath and say that on the
..............day of ....... 19 ,
I saw A.B., of , duly
execute the instrument now
produced to me and marked A, and
that the said A. B. can read and
write (or, cannot read and write
and that the said instrument was
read over and interpreted to him
by ............. at the time of
its execution and that he appeared
to understand its provisions).
Sworn at ...................
this.................. day of
.............. , 19 ..........
Before me,
FORM C
ENDORSEMENT ON INSTRUMENT BY
OFFICER BEFORE WHOM THE OATH IS
SWORN
This is the instrument marked A,
referred to in the oath of
......... sworn before me
this............ day of
.................. , 19......
FORM D
(Section 10)
CERTIFICATE OF PROOF BEFORE
REGISTRAR
On the................ day of
............... ,19...... , at
............. o'clock in the
.................. noon this
instrument was proved before me by
the oath of the within
named.........to have been duly
executed by the within named.
Registrar.
FORM E
(Section 6)
CERTIFICATE OF PROOF NOT BEFORE
REGISTRAR
On the ............... day of
..............., 19......, at
.............. o'clock in the
........... noon this instrument
was proved before me by the oath
of the within named
.................... to have been
duly executed by the within named
........................
Given under my hand and official
seal.
or
Given under my hand and private
seal, I having no official seal.
or
Given under my hand, I having no
official or private seal.
FORM F
(Section 10)
CERTIFICATE OF DELIVERY TO
REGISTRAR OF INSTRUMENT NOT PROVED
BEFORE HIM
This instrument was delivered to
me for registration by
................... of at
.................o'clock in the
............... noon this
................. day of
................. ,19.....
Registrar.
FORM G
(Section 18)
MONTHLY LIST
o. Date of
receipt Nature of
instrument Situation of
land Date of instrument
Grantor
Grantee Party
registering
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