Land Registry Act, 1962 Act 122 (Revised Edition)

ACT 122
Land Registry Act, 1962
ACT 122
LAND REGISTRY ACT, 1962
ARRANGEMENT OF SECTIONS
Registry Offices
SECTION
1. Offices to be established. 2. Appointment of registrars. Presentation ofInstruments for Registration
3. Instruments registrable. 4. Instillments should describe the land. 5. Proof of instruments. 6. Before whom proof shall be made. 7. Probate and judge’s certificates. 8. Instruments kept in another country. 9. Instruments executed before 24th March, 1883. Mode ofRegistration
10. Certificate of registration. 11. Register. 12. Registration of duplicate or copy. 13. Numbering and filing of duplicates or copies. 14. Endorsed instillments. 15. Replacement of illegible instruments. 16. Copies of maps and plans to be provided. 17. Books and registers of instillments. 18. Publication of lists of registered instruments. 19. Searches, copies and extracts. Refusal ofRegistration
20. Refusal of registration. 21. Notice of grounds of objection to register. 22. Formal hearing of application for registration. 23. Registration of instruments showing grantor’s title. Consequences ofRegistration
24. Registration necessary for validity. 25. Registration to be actual notice. 26.

of instruments showing grantor’s title. Consequences ofRegistration
24. Registration necessary for validity. 25. Registration to be actual notice. 26.

Priority of instruments. 27. Copies or extracts may be put in evidence. Miscellaneous
28. Inspection of registers, books and records,
29. Protection of registrars. 30. Previously registered instruments. V-2551 [Issue 1]

e. Miscellaneous
28. Inspection of registers, books and records,
29. Protection of registrars. 30. Previously registered instruments. V-2551 [Issue 1]

ACT 122
Land Registry Act, 1962
SECTION
31. Kumasi Lands. 32. Proceedings under Land Development (Protection of Purchasers) Act, 1960. 33. Regulations. 34. Offences for fraudulent transactions. 35, Repeal and saving. 36. interpretation. 37. Commencement. SCHEDULE
Forms
ACT 122
LAND REGISTRY ACT, 19621
AN ACT to amend and consolidate the law relating to the registration of instru
ments affecting land. Registry Offices
1. Offices to be established
(1) There shall be a registry office at Accra, and at any other place that the Minister
may appoint. (2) The Minister may remove an office from one place to another, and increase or de
crease the number of offices. 2. Appointment of registrars
A chief registrar of lands to supervise the registry offices, and a registrar at each of
fice, shall be appointed by the President in accordance with article 195 of the Constitution. Presentation ofInstruments for Registration
3. Instruments registrable
An instrument may be registered under this Act subject to the conditions contained in
this Act. 4.

ruments for Registration
3. Instruments registrable
An instrument may be registered under this Act subject to the conditions contained in
this Act. 4.

Instruments should describe the land
(1) An instrument shall not be registered unless it contains
(a) a description 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
1. The Act was assented to on 14th June, 1962. [Issue 1] V-2552

nable the
location and boundaries of the land to which it relates to be identified, or
1. The Act was assented to on 14th June, 1962. [Issue 1] V-2552

ACT 122
Land Registty Act, 1962
(b) a sufficient reference to the date and particulars of registration of an in
stillment affecting the same land and already registered. (2) A description may be made by reference to a plan. (3) Subsections (1) and (2) do not apply to a will or probate. 5. Proof of instruments
(1) An instrument presented for registration shall be proved to have been duly exe
cuted by the grantor by the oath
(a) of the grantor or one of the grantors, or
(b) of the grantee or one of the grantees, or of one of the subscribing witnesses. (2) An 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 any other person pre
sent at the execution of the will, or, failing that person, by the oath of a person who can
testify to the handwriting of the testator and the subscribing witnesses, to have been duly
executed by the testator.

by the oath of a person 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 state whether the grantor or testator could read and write, and, if
the grantor or testator 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 inter
preted to the grantor or testator at the time of its execution and that the grantor or testator
appeared to understand its provisions. (4) The oath required for proving an instrument shall be put into writing and signed
by the deponent and filed with the registrar. (5) A registrar may administer the oath. (6) The oath may be in the Form A or B set out in the Schedule with the variations
that the circumstances require. (7) For the purposes of this section, "instrument" does not include a will or probate
and an instrument which may be registered without proof under this Act. 6.

e purposes of this section, "instrument" does not include a will or probate
and an instrument which may be registered without proof under this Act. 6.

Before whom proof shall be made
(1) The proof required by this Act shall be made,
(a) if the instrument was executed in the Republic, before the registrar at the
office where it is presented for registration, or before a Justice, a District
Magistrate, or a registrar of the High Court;
(b) if the instrument was executed in a 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. V-2553 [Issue 1]

ry, before a notary public,
or diplomatic agent or consular officer representing or acting on behalf of
the Republic in that country. V-2553 [Issue 1]

ACT 122
Land Registry Act, 1962
(2) An instrument not proved before the registrar shall not be registered unless it
bears a certificate as near as may be in Form E set out in the Schedule purporting to be
signed personally and under the official seal or private seal, if there is no official seal, or
signed personally alone by that person if that person does not have an official or private
seal, of one of the persons authorised to receive the proof to the effect that the instrument
has been proved. 7. Probate and judge’s certificates
A probate or a judge’s certificate may be registered without proof on production of
the certificate to the registrar. 8. Instruments kept in another country
Where an instrument is executed in a 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,
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. 9.

ginal is kept, shall be
registered in the same manner as an original instrument, provided the original has been
proved in accordance with this Act. 9.

Instruments executed before 24th March, 1883
The will of a person who died before the 24th day of March, 1883, and any other in
strument executed before that date, may be registered without proof. Mode ofRegistration
10. Certificate of registration
(1) The registrar at each office shall immediately after the proof of an instrument pre
sented for registration, and on the presentation of an instrument duly proved before any
other person, or of an instrument which may be registered under this Act without proof,
place on the instrument a certificate in the Form D or F, set out in the Schedule. (2) The certificate shall specify the year, month, day and hour of the proof or presen
tation, of the instrument. (3) The year, month, day, and hour specified in the certificate is, for the puiposes of
this Act, if the instrument is ultimately registered, the year, month, day, and hour at
which the instrument was registered. 11. Register
The registrar shall keep a register, and, subject to the exceptions stated in this Act,
shall register in the register in the manner provided the instillments presented to the regis
trar in the prescribed form. 12.

ons stated in this Act,
shall register in the register in the manner provided the instillments presented to the regis
trar in the prescribed form. 12.

Registration of duplicate or copy
(1) Registration consists in filing a duplicate or copy, to be provided by the person
presenting the instrument for registration of the instrument brought for registration. (2) A duplicate or copy shall bear the certificate required by section 10 to be placed
on the original instrument, together with a certificate signed by the registrar that the du
plicate has been compared and verified with the original. [Issue 1] V-2554

instrument, together with a certificate signed by the registrar that the du
plicate has been compared and verified with the original. [Issue 1] V-2554

ACT 122
Land Registry Act, 1962
(3) The duplicate or copy may be printed, written, typewritten, photographed or cop
ied by any other process. (4) The registrar may refuse to accept
(a) a duplicate or copy that is made on paper or other material which in the
opinion of the registrar is of a size unsuitable for filing or of insufficient
substance to be durable, and
(b) a duplicate or copy made in a way which in the opinion of the registrar
does not produce a permanent impression. 13. Numbering and filing of duplicates or copies
The registrar shall number a duplicate or copy so filed consecutively, and shall file the
duplicates or copies in the order in which they are received by the registrar. 14. Endorsed instruments
An instrument endorsed on another instrument shall not be registered without the in
strument on which it is endorsed, unless the latter instrument is already registered. 15.

on another instrument shall not be registered without the in
strument on which it is endorsed, unless the latter instrument is already registered. 15.

Replacement of illegible instruments
(1) Where in the opinion of a registrar a duplicate or copy of an instrument registered
in accordance with this Act has deteriorated or become illegible or is likely to deteriorate
or become illegible, the registrar may substitute for that duplicate or copy a further copy
of the original instrument, or an improved and legible copy of the deteriorated or illegible
duplicate or copy. (2) The registrar shall endorse on the substituted document a certificate setting forth
the circumstances which rendered the substitution necessary. 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. 17. Books and registers of instruments
(1) The registrar shall keep a book in which the registrar shall, on registration of an
instrument, enter the registered number, the names of the parties, the date and nature of
the instrument, and the date of the registration. (2) The chief registrar may cause registrars to keep any other books and registers. 18.

nd nature of
the instrument, and the date of the registration. (2) The chief registrar may cause registrars to keep any other books and registers. 18.

Publication of lists of registered instruments
(1) 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 set out in the Sched
ule, or to that effect, of the instruments registered in the registrar’s office during the past
month. (2) On receipt of the lists the chief registrar shall, within fourteen days, compile one
general list which shall be retained in the chief registrar’s office, and shall send one copy
of it to the registrar in charge of each office, and publish the list in the Gazette. V-2555 (Issue 1]

ief registrar’s office, and shall send one copy
of it to the registrar in charge of each office, and publish the list in the Gazette. V-2555 (Issue 1]

ACT 122
Land Registry Act, 1962
19. Searches, copies and extracts
A registrar shall, on application, allow searches to be made at reasonable times in a
book, register or list in the registrar’s custody, and shall on request give certified copies
of, or extracts from, an entry in that book, register or list or of a duplicate or copy of a
registered instrument filed in the register. Refusal ofRegistration
20. Refusal of registration
A registrar may, subject to sections 21, 22 and 23, refuse to register an instrument af
fecting a particular land if
(a) the registrar is satisfied that the instrument deals with the land or part of it
in a maimer inconsistent with an instrument previously executed, whether
by the same grantor or a predecessor in title or by any other person, or
(b) on the face of the records, the grantor does not appear to be entitled to deal
with the land as the instrument puiports to do, or
(c) the instrument is made in contravention of, or is void by virtue of, an
enactment, or
(d) it contains an interlineation, a blank, an erasure or alteration not verified by
the signatures or initials of the persons executing the instrument. 21.

contains an interlineation, a blank, an erasure or alteration not verified by
the signatures or initials of the persons executing the instrument. 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 paragraphs (a), (b) or (c) of section 20 for refusal to reg
ister the instrument, the registrar shall notify the grantor and the grantee of the opinion
and the grounds of the opinion, 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
maimer proposed by the instrument. 22. Formal hearing of application for registration
(1) Where the chief registrar is not satisfied as to the title of the grantor to execute the
instrument, the chief registrar shall notify the grantor and grantee of the registrar’s opin
ion and that, unless the application for registration is withdrawn within thirty days or an
extended period, not longer than three months, that the chief registrar may for good cause
allow, the registrar will proceed to deal with it in the manner provided by this section.

an three months, that the chief registrar may for good cause
allow, the registrar will proceed to deal with it in the manner provided by this section.

(2) Where the application is not withdrawn within the appointed time, the chief regis
trar shall serve on the grantor and the grantee and on any other person whose interest in
the land appears to the registrar to be affected by the instrument, notice of the time and
place at which the registrar will proceed to hear and determine the question whether reg
istration of the instrument should be refused. (3) The chief registrar shall publish notice of the hearing in the Gazette and in a
newspaper circulating in the area in which the land is situated, and may cause notice of
the hearing to be published in any other manner the registrar thinks fit. (4) The chief registrar shall proceed
(a) to hear and determine the question at the time and place appointed or at any
other time or place to which the hearing is adjourned, and
(b) to hear every person claiming to be entitled to an interest in the land. [Issue 1] V-2556

her time or place to which the hearing is adjourned, and
(b) to hear every person claiming to be entitled to an interest in the land. [Issue 1] V-2556

ACT 122
Land Registry Act, 1962
(5) 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 Gazette. (6) 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. (7) 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. 23. Registration of instruments showing grantor’s title
(1) The chief registrar may, as a condition of registration, require the grantor to pre
sent for registration an instrument prior to the instrument presented for registration
which, in the opinion of the chief registrar, is necessary in order to show on the face of
the register the title of the grantor to execute the instrument.

, in the opinion of the chief registrar, is 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 a
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, the docu
mentary evidence of the prior instrument that the chief registrar considers sufficient. Consequences ofRegistration
24. Registration necessary for validity
(1) Subject to subsection (2), an instrument, other than a will or a judge’s certificate,
first executed after the commencement of this Act, shall not have effect until it is registered. (2) A provision of this Act shall not operate to prevent an instrument which, by virtue
of an enactment, takes effect from a particular date from so taking effect. 25. Registration to be actual notice
(1) The registration of an instrument constitutes actual notice of the instrument, and
of the fact of registration to all persons and for all puiposes, as from the date of registra
tion, unless otherwise provided in an enactment. (2) Subsection (1) does not apply to a judge’s certificate or a probate. 26.

rom the date of registra
tion, unless otherwise provided in an enactment. (2) Subsection (1) does not apply to a judge’s certificate or a probate. 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 a land affected by the instru
ment, take effect in accordance with sections 24, 25, 26 and 27 as against any other in
struments affecting the same land. (2) The instrument shall, on registration, take effect from the date of its execution if it
was presented for registration within
(a) the period of fifteen days from its date, if executed at the place where it is
registered, or
V-2557 [Issue 1]

s presented for registration within
(a) the period of fifteen days from its date, if executed at the place where it is
registered, or
V-2557 [Issue 1]

ACT 122
Land Registiy Act, 1962
(b) the period of sixty days from its date, if executed elsewhere in the Republic,
or
(c) the period of three months from its date, if executed abroad. (3) The will of a testator dying on or after the 24th day of March, 1833, shall, so far
as regards the land affected by the will, take effect from the death of the testator if regis
tered within
(a) the period of two months next after the death of the testator, in the case of
the will of a person dying in the Republic; or
(b) the period of eighteen months next after the death of the testator, in the
case of the will of a person dying abroad,
and in any other case, the will shall take effect from the date of its registration. (4) A judge’s certificate shall take effect in accordance with its terms. (5) In any other case, the instrument shall, except as otherwise expressly provided in
sections 24, 25, 26 and 27, take effect from the date of its registration. 27.

r case, the instrument shall, except as otherwise expressly provided in
sections 24, 25, 26 and 27, take effect from the date of its registration. 27.

Copies or extracts may be put in evidence
(1) A copy or an extract or certificate of registiy purporting to be signed by a regis
trar shall be receivable in evidence in a Court without further or any other proof, unless it
is proved to be a forgery. (2) The party proposing to use the copy, extract or certificate in evidence in a civil
case shall give notice of that intention in writing to the opposite party, and at the same
time shall deliver to the appropriate party a copy of the copy or extract and of the certifi
cate on the copy or extract. (3) On proof of the service or on admission of the receipt of the notice and the 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 was taken. Miscellaneous
28. Inspection of registers, books and records
The books, registers and records in each office shall be inspected by a Justice of a su
perior court at the times directed by the Chief Justice. 29.

s
The books, registers and records in each office shall be inspected by a Justice of a su
perior court at the times directed by the Chief Justice. 29.

Protection of registrars
An action shall not be brought against the chief registrar or a registrar in respect of
anything done or omitted to be done by the registrar in good faith in the performance or
supposed performance of a function under this Act. 30. Previously registered instruments
(1) The instruments duly registered or deemed to be duly registered in pursuance of a
law in force prior to the commencement of this Act shall be retained by the registrars in
charge of those instruments. ' )
[Issue 1] V-2558

uance of a
law in force prior to the commencement of this Act shall be retained by the registrars in
charge of those instruments. ' )
[Issue 1] V-2558

ACT 122
Land Registiy Act, 1962
(2) An instrument duly registered under subsection (1) in pursuance of the law gov
erning 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. 31. Kumasi Lands
The registers established under section 23 of the Kumasi Lands Ordinance (Cap. 145),
constitute a register for the purposes of this Act of land vested in the Golden Stool and
the Kumasi traditional area, and those registers, and key maps relating to that land, shall
be transferred to, and kept in accordance with, article 267 of the Constitution. 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 insti
tuted in a Court, the registrar of the Court shall give notice of the proceedings to the chief
registrar who shall adjourn consideration of a matter affecting the land which is the sub
ject of the proceedings until the conclusion of the proceedings.

strar who shall adjourn consideration of a matter affecting the land which is the sub
ject 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 the necessary additional entries and cancellations and alterations in
the register to give full effect to the judgment. 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
provision for the charging of fees for services performed under this Act and for the regu
lations of costs. 34. Offences for fraudulent transactions
A person who knowingly
(a) purports to make a grant of a piece of land to which that person does not
have 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,
commits the offence of a second degree felony and is liable in addition to any other pun
ishment that may be imposed, to pay an amount of money equivalent to twice the value
of the aggregate consideration received by that person.

other pun
ishment that may be imposed, to pay an amount of money equivalent to twice the value
of the aggregate consideration received by that person.

V-2559 [Issue 1]

V-2559 [Issue 1]

ACT 122
Land Registry Act, 1962
35. Repeal and saving
Spent?'
36. Interpretation
In this Act, unless the context otherwise requires,
“grantee” includes a person taking or claiming an interest under an instrument;
“ grantor” includes a vendor, donor, mortgagor, lessor, or any other person con
veying, mortgaging, charging, or demising land;
“instrument” includes a writing affecting land situate in the Republic, and 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 Justice or a District Magistrate and a certificate of title signed by a judge
under the State Property and Contracts Act, 1960 (C.A. 6);
“Minister” means the Minister to whom functions under this Act are assigned by
the President;
“ registrar” includes the chief registrar. 37. Commencement
Spent? SCHEDULE
FORMA
[Section 5]
OATH OF GRANTOR
I, A. B., of.......................................make oath and say that on the................................... day of
20.....................

TOR
I, A. B., of.......................................make oath and say that on the................................... day of
20.....................

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 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....................... , 20............... Before me ...................................................................................................................................... 2. The section provided that,
“(1) The Land Registry Ordinance (Cap. 133) is hereby repealed. (2) Any instrument made under the repealed enactment and in force immediately before the commence
ment 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.”
3. The section provided for the Act to come into operation on a day appointed by legislative instalment by the
Minister. The Land Registiy Act, 1962 (Commencement) Instrument, 1962 (L.I.

to come into operation on a day appointed by legislative instalment by the
Minister. The Land Registiy Act, 1962 (Commencement) Instrument, 1962 (L.I.

234) appointed the second
day of November, 1962 as the day for the coming into force of the Act other than Part Four which came
into force on the 1st day of May, 1965. [Issue 1] V.2560

ovember, 1962 as the day for the coming into force of the Act other than Part Four which came
into force on the 1st day of May, 1965. [Issue 1] V.2560

ACT 122
Land Registry Act, 1962
FORMB
[Section 5]
OATH OF GRANTEE OR WITNESS
I, N. M., of..................................... , make oath and say that on the................................... day of
20............. , 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
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 20............... Before me ...................................................................................................................................... FORMC
[Section 5]
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....................................................................,20............................... FORMD
[Section 10]
CERTIFICATE OF PROOF BEFORE REGISTRAR
On the .............

......................................,20............................... FORMD
[Section 10]
CERTIFICATE OF PROOF BEFORE REGISTRAR
On the .............

day of...................... . 20..................................at................................... o’clock
in the.........................................................this instrument was proved before me by the oath of the
within named to have been duly executed by the within named. Registrar
FORME
[Section 6]
CERTIFICATE OF PROOF NOT BEFORE REGISTRAR
On the ............. day of...................... . 20 ............................... at................................... o’clock
in the....................................................... , 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
V-2561 [Issue 1]

d 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
V-2561 [Issue 1]

ACT 122
Land Registry Act, 1962
FORM E—continued
Given under my hand and private seal, I having no official seal.
Or
Given under my hand, I have no official or private seal.
FORMF
[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................... , this.................day of........................, 20......................
Registrar
FORMG
[Section 18]
MONTHLY LIST
No. Date of
receipt
Nature of
Instrument
Situation of
land
Date of
instrument Grantor Grantee
Party
register
ing
[Issue 1] V-2562