INSIGHTS TO LAND POLICIES IN GHANA PT. 1
By Kwame Gyan
Mr. Kwame Gyan, a lecturer at the University of Ghana Law School educated the Ghanaian public on land titling and registration, about four months ago.
He began by accepting the fact that, identification and demarcation of boundaries of land in the country was quite a daunting task to do in the past. Explanation supporting his argument was that, boundaries of lands belonging to clans and families could not be easily determined and drawn by their respective owners. These issues majorly pertained in the Greater Accra Region. The sale of land to multiple buyers was one of the problems that resulted from the above-mentioned difficulties.
He further added that, processes involved in land acquisition and registering was also cumbersome. This he attributed to the gaps in the activities of the various land authorities and departments in the country.
He touched lightly on the efforts by stakeholders of land made to push the land reform bill into law to help curb complexities and confusion with regards to land in Ghana. He indicated that, as many as twenty-nine steps had to be taken to obtain a land title and registration. The reform has taken care of these steps by drastically reducing them without affecting directly or indirectly the objectives of these laws pertaining to land in Ghana. The reform he also pointed out that, it has bridged the gaps that used to be among authorities, commissions and agencies associated with land titling. One of such instances, he gave was the linkage or connection created between land registration and planning. This is to ensure that, before land is fully registered in Ghana it has to be in conformity with the planning policies spelt out by the town and planning department.
More light shed on the reform or legislation, indicated a clearer distinction of the various land interests across the country. These interests explained include Allodial Title Interest, Common Law Freehold, Customary Law Freehold and Usufruct. The Allodial Title Interest was described as the highest of heritage or ownership compared to the others. The Allodial Title Interest are usually vested in stools, families, clans, and some cases individuals. Further description of this kind of ownership was, acquisition is normally through discovery and conquest of a family or kingdom. The rest of the type of ownership according to Mr. Kwame Gyan do not have any order of hierarchy. Customary Law Freehold he explained briefly with regards to duration that is indefinite but could change from that status to a definite one, when a holder to such a title passes on and did not have any successor.
NB: Let’s watch out for the part two of the discussion as Mr. Kwame Gyan elaborates on the other land ownership or holding type.
INSIGHTS OF LAND POLICIES IN GHANA-PT.2
In this interview with Nana Kwame Gyan, he shed more lights on legalities with regards to offences over land issues. His statements included a proposition to re-orient the police on land legalities. This proposition he said, could afford the police the understanding and the ability to identify the criminal aspect of land issues to deal with appropriately, other than the police referring all land issues to the court to be treated as civil cases.
He also stated emphatically that, the activity of land guards is a criminal act, hence culprits found will be prosecuted and face jail term of not more than five years.
The next of offence he elicited was that committed by lands commission officials or officers. In his statement, officers or officials of the lands commission who falsify documents are most likely to face jail term or get fined when caught and prosecuted. In addition, person(s) who assign(s) land to individuals or organization but do/does not have the capacity to do so will be prosecuted and convicted when found guilty. Squatters or encroachers on government lands can never own them regardless of how long they have stayed on the land. In the same interview, Mr. Gyan cautioned Ghanaians on how to take actions with regards to land issues as laws governing them slightly differ from region to region in the country. He cited an example in Hohoe where there are no stool lands, so chiefs are not in any capacity to sell lands to people. Most lands in Hohoe are in the possession of families, clans and individuals. Additional information on land legality was that, taking legal action against an individual who has interest in a purchased land, the owner or whoever bought it must carry out the Deed registration right after purchase. In so doing, when a search on the land is done, it may show as evidence the rightful owner for the necessary legal action to be taken.
