Farm Lands (Protection) Act, 1962 Act 107

ACT 107
REPUBLIC OF GHANA
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.

f 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

mencement 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.

, 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.

ponsible 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.