LSAGH Publications

Monday, 19th June, 2017Author: Kwame Tenadu Snr

Public Notice In The Matter Of The Demarcation And Survey Of Land

Public notice in the matter of the demarcation and survey of land for the preparation of site plans (cadastral plans) in connection with the registration of interests in land thereof

BACKGROUND

Licensed Surveyors are a body of authorized Surveyors to undertake the above services for and on behalf of the Director, Survey and Mapping Division of the Lands Commission in accordance with Survey Act 1962, Act 127 and The Lands Commission Act 2008, Act 767.

The aims and objectives of the Licensed Surveyors Association of Ghana (LISAG) are among others
“To ensure strict adherence to the land survey...

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Monday, 12th June, 2017Author: LISAGH

Conclusions

Is this Law likely to give rise to any social problems? The one I can readily see is on the line that the Law has taken on individual ownership of land as against communal ownership. PNDCL 152 has followed the Law Reform Commission and given more ample statutory recognition to the view that the development of our law on land will be along the line of encouraging individual ownership.

We are all aware that while perhaps the majority of writers30 on land in Ghana favour individual ownership, there is a strong minority31 who favours communal ownership. The reason why more investigation...

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Monday, 12th June, 2017Author: LISAGH

Some Criticisms Of The Land Registration Law

First there are provisions on maps and surveys: section 6 empowers the Chief Registrar to direct that the boundaries of any land in a registration district be demarcated. Section 15 makes it mandatory to attach to an instrument for registration "a plan of the land which has been approved and duly signed by the Director of Surveys;" and section 20 enables the registrar to reject an application for first registration if the plan supplied is unsatisfactory to him.

Now, how accurate need the plan be? Who will bear the cost of the survey and preparation of the plans showing the boundaries...

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Monday, 12th June, 2017Author: LISAGH

The Effect Of Registration

What is the effect of registration under this Law? Section 43 (1) says: "43. (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."

An indefeasible title is explained in the Memorandum as a complete answer to all adverse claims on mere...

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Wednesday, 7th June, 2017Author: LISAGH

Change Introduced By The New Law

By way of comments on the other provisions of the new law itself, we should examine the specific changes that it has introduced. More particularly, which of the systems of registration that law has chosen for Ghana. In the process it would be considered whether its provisions are adequate for ensuring that the system will operate successfully in the country. We are fortunate in having with this law a reasonably full Memorandum which gives not only the intention of the Legislature but also in many parts explanations of what have actually been drafted. Wherever convenient, therefore, reliance will be placed...

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Wednesday, 7th June, 2017Author: LISAGH

Procedure For Registration Under Act 122

The steps required to be taken by an applicant in the process of registration is as follows:

  1. Get the instrument properly executed and swear an oath that it is duly executed by the grantor;

  2. Get the instrument stamped, if it is subject to stamp duty under the Stamp Act; and

  3. Pass the instrument on for the registration proper. This really means for the applicant, that he makes a duplicate or an exact copy of the instrument9 and swears the set oath, if not already done, and deposits it at the Registry. The registrar then takes the necessary...

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Tuesday, 6th June, 2017Author: LISAGH

What Is Registration

Registration as applied to land can be understood as a system of recording in a public office from time to time transactions on or relating to land, or the mere fact of ownership of some interest in land. There are, it seems three main types

  1. Registration of encumbrances or charges;
  2. Registration of deeds or instruments—primarily a system under which instruments are recorded merely as such, and not with special reference to the land they purport to affect; and
  3. Registration of title - that is, primarily a system under which a record is made of the title to some particular land vested...

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