Statutes Related to Interests in Land

Introduction:

This note will discuss various statutes that relate to interests in land. The statutes to be discussed are the Land Act, 2020 (Act 1036); the Lands Commission Act, 2008 (Act 767); and the Rent Act, 1963 (Act 220).

1. Land Act, 2020 (Act 1036):

This is

An Act is to revise, harmonise and consolidate the laws on land to ensure sustainable land administration and management, effective and efficient land tenure and to provide for related matters.

Among others, it makes the following relevant rules:

1. Interests in land.
2. Land administration and land management.
3. Transfer of interests and rights in land.
4. Rules for conveyance.
5. Parties to a conveyance.
6. Interests taken by a person to whom a conveyance is made.

These rules are discussed in subsequent notes.

2. Lands Commission Act, 2008 (Act 767):

This is

An Act to establish the Lands Commission to integrate, subject to the Constitution, the operations of public service land institutions under the Commission in order to secure effective and efficient land administration and to provide for related matters

Section 1 of Act 767 establishes the Lands Commission in accordance with Article 258 of the Constitution.

Section 2 provides that the headquarters of the Lands Commission shall be in Accra. However, it requires the Commission to have regional branches known as Regional Lands Commissions.

Per Section 4, the objectives of the Lands Commission are to:

(a) promote the judicious use of land by the society and ensure that land use is in accordance with sustainable management principles and the maintenance of a sound eco-system; and

(b) ensure that land development is effected in conformity with the nation's development goals.

Section 5 provides several functions of the Commission. The functions include:

1. Management of public lands and lands vested in the president on behalf of the Government.
2. Advise the Government, local authorities, and traditional authorities on the policy framework for the development of particular areas of the country to ensure that the development of individual pieces of land is coordinated with the relevant development plan for the area concerned:
3. Register deeds and instrument that affect land throughout the country.
4. Facilitate the acquisition of land on behalf of Government.
5. Provide land and land related valuation services.

Section 6 provides for the independence of the Commission. It states that “Except as otherwise provided in the Constitution or in any other law the Commission shall not be subject to the direction or control of any person or authority, in the performance of its functions.”

Importantly, Section 19 recognises four divisions of the Commission. These are:

1. Survey and Mapping,
2. Land Registration,
3. Land Valuation,
4. Public and Vested Lands Management

It also empowers the Commission to establish other divisions.

Per Section 20, the Survey and Mapping Division has the following functions:

1. supervise, regulate and control the survey and demarcation of land for the purposes of land use and land registration;
2. take custody of and preserve records that relate to the survey of any parcel of land;
3. direct and supervise the conduct of trigonometric, hydrographic, topographic and engineering surveys;
4. coordinate the preparation of plans from the data derived from survey and any amendment of the plans;
5. coordinate the production of photogrammetric surveys including aerial photography, orthophotomapping, and remote sensing;
6. survey, map and maintain the national territorial boundaries including maritime boundaries;
7. supervise and regulate operations that relate to survey of any parcel of land:
8. develop and maintain the national geodetic reference network for the country;
9. supervise, regulate, control and certify the production of maps; and
10. other functions determined by the Commission.

Per Section 21, the  functions of the Land Registration Division include:

1. publication of notices of registration upon receipt of an application for registration;
2. registration of title to land and other interests in land;
3. registration of deeds and other instruments affecting land in areas outside compulsory title registration districts;
4. maintaining land registers that contains records of land and other interests in land.
5. other functions determined by the Commission.

Per Section 22, the functions of the Land Valuation Division include:

1. assessing the compensation payable upon acquisition of land by the Government;
2. assessment of stamp duty;
3. determining the values of properties rented, purchased, sold or leased by or to Government;
4. preparation and maintenance of valuation list for rating purposes;
5. valuation of interests in land or land related interests for the general public at a fee;
6. valuation of interests in land for the administration of estate duty; and
7. other functions determined by the Commission.

Per Section 23, the functions of the Public and Vested Lands Management Division include:

1. facilitating the acquisition of land for Government;
2. managing state acquired and vested lands in conformity with approved land use plans; and
3. other functions determined by the Commission.

3. Rent Act, 1963 (Act 220):

This is

An Act to consolidate and amend the law relating to the control of rents and the recovery of the possession of premises in certain cases, to amend certain provisions of existing enactments and to provide for matters connected therewith or incidental thereto.

Our subsequent discussion of this Act will focus on recovery of possession and ejectment under Section 17 of the Act.