Lands Registry Act, 1962 Act 122

LANDS REGISTRY ACT, 1962, (ACT 122)
ARRANGEMENT OF SECTIONS
Section
PART I — REGISTRY OFFICES
1. Offices to be established.
2. Appointment of registrars.
PART II—PRESENTATION OF INSTRUMENTS FOR REGISTRATION
3. Instruments registrable.
4. Instruments except wills, to describe the land affected.
5. Proof of instruments.
6. Before whom proof must be made.
7. Probate and judge's certificates.
8. Instruments kept in public office in another country.
9. Instruments executed before the 24th March, 1883.
PART III—MODE OF REGISTRATION
10. Certificate of registration.
11. Register.
12. Registration of duplicate or copy.
13. Numbering and filing of duplicates or copies.
14. Endorsed instruments.
15. Replacement of illegible instruments.
16. Copies of maps and plans to be provided.
17. Books and Registers of particulars of instruments to be kept.
18. Publication of registered instruments.
19. Searches, copies and extracts.
PART IV— POWER TO REFUSE REGISTRATION
20. Refusal of registration.
21. Notice of grounds of objection to register.
22. Formal hearing of application for registration.
23. Requirement as to registration of instruments showing grantor's title.
1

bjection to register.
22. Formal hearing of application for registration.
23. Requirement as to registration of instruments showing grantor's title.
1

PART V—CONSEQUENCES OF REGISTRATION
24. Registration necessary for validity.
25. Registration to be actual notice.
26. Priority of instruments.
27. Copies or extracts may be put in evidence.
PART VI—MISCELLANEOUS
28. Inspection of registers, books and records.
29. Protection of registrars.
30. Previously registered instruments.
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.
Form A—Oath of grantor
Form B—Oath of grantee or witness
Form C—Endorsement on instrument by Officer before whom the oath is sworn
Form D—Certificate of proof before registrar
Form E—Certificate of proof not before registrar
Form F—Certificate of delivery to registrar of instrument not proved before him
Form G—Monthly list
2

Form E—Certificate of proof not before registrar
Form F—Certificate of delivery to registrar of instrument not proved before him
Form G—Monthly list
2

ACT 122
REPUBLIC OF GHANA
THE HUNDRED AND TWENTY-SECOND
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE LAND REGISTRY ACT, 1962
AN ACT to consolidate with amendments the law relating to the registration of instruments
affecting land. DATE OF ASSENT: 14th June, 1962
BE IT ENACTED by the President and the National Assembly in this present Parliament
assembled as follows:—
PART I—REGISTRY OFFICES
Section 1—Offices to be Established. There shall be a registry office at Accra, and at such other place or places as the Minister may
appoint. The Minister may remove any office from one place to another, and increase or
diminish the number of offices. Section 2—Appointment of Registrars. The President shall appoint a Chief Registrar of Lands to supervise all registry offices, and a
registrar at each office. PART II—PRESENTATION OF INSTRUMENTS FOR REGISTRATION
Section 3—Instruments Registration. Any instrument may be registered under this Act subject to the conditions herein contained. Section 4—Instruments, Except Wills, to Describe the Land Affected.

ument may be registered under this Act subject to the conditions herein contained. Section 4—Instruments, Except Wills, to Describe the Land Affected.

No instrument, except a will or probate, shall be registered unless it contains a description
(which may be by reference to a plan) 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 a sufficient
3

n the opinion of the registrar, is sufficient to
enable the location and boundaries of the land to which it relates to be identified or a sufficient
3

reference to the date and particulars of registration of an instrument affecting the same land
and already registered. Section 5—Proof of Instruments. (1) Every instrument presented for registration (except a will or an instrument which may be
registered without proof under the provisions hereinafter contained), shall be proved by the
oath of the grantor or one of the grantors, or of the grantee or one of the grantees, or of one of
the subscribing witnesses, to have been duly executed by the grantor. (2) Any 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 some other person present at the
execution of the will, or, failing such person, by the oath of some person or persons who can
testify to the handwriting of the testator and the subscribing witnesses, to have been duly
executed by the testator.

f some person or persons 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 also state whether the grantor or testator could read and write, and , if he
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 interpreted to him at the time of its
execution by him and that he appeared to understand its provisions. Schedule. Form A. Form B. (4) The oath required for proving an instrument shall be put into writing and signed by the
deponent and filed with the registrar. Every registrar may administer the oath. The oath may
be in the Form A or B in the Schedule with such variations as circumstances require. Section 6—Before Whom Proof Shall be Made.

the oath. The oath may
be in the Form A or B in the Schedule with such variations as circumstances require. Section 6—Before Whom Proof Shall be Made.

(1) The proof hereby required shall be made as follows—
(a) if the instrument was executed in Ghana, before the registrar at the office where it is
presented for registration, or before a Judge, District Magistrate, or a registrar of the High
Court;
(b) if the instrument was executed in any 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. Form E. (2) An instrument not proved before the registrar shall not be registered unless it bears a
certificate as near as may be in the Form E in the Schedule purporting to be under the hand and
official seal or private seal (if there is no official seal), or the hand alone if the person has no
4

he Schedule purporting to be under the hand and
official seal or private seal (if there is no official seal), or the hand alone if the person has no
4

official or private seal, of some one of the persons authorised to receive such proof to the effect
that the instrument has been proved. Section 7—Probate and Judge's Certificates. A probate or a judge's certificate may be registered without proof upon production thereof to
the registrar. Section 8—Instruments Kept in Public Office In another Country. If an instrument be executed in any 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 thereof, 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. Section 9—Instruments Executed Before the 24th March, 1883. The will of a person who died before the 24th day of March, 1883, and any other instrument
executed before that date, may be registered without proof. PART III—MODE OF REGISTRATION
Section 10—Certificate of Registration. Form D. Form F.

ment
executed before that date, may be registered without proof. PART III—MODE OF REGISTRATION
Section 10—Certificate of Registration. Form D. Form F.

The registrar at each office shall immediately after the proof before him of any instrument
presented for registration, and upon the presentation of any instrument duly proved before any
other person, or of any instrument which may be registered under this Act without proof, place
upon the instrument a certificate in the Form D or F, as the case may be, in the Schedule, or as
near thereto as may be, specifying the year, month, day, and hour of the proof or presentation,
as the case may be, of such instrument; and the year, month, day, and hour specified in the
certificate shall, if the instrument is ultimately registered, be taken to be the year, month, day,
and hour at which the instrument was registered. Section 11—Register. The registrar shall keep a Register, and, subject to the exceptions hereinafter stated, shall
register therein in manner hereinafter provided all instruments presented to him in the
prescribed form. Section 12—Registration of Duplicate or Copy. (1) Registration shall consist in filing a duplicate or copy (to be provided by the person
presenting the instrument for registration) of the instrument brought for registration.

st in filing a duplicate or copy (to be provided by the person
presenting the instrument for registration) of the instrument brought for registration.

(2) Every duplicate or copy shall bear the certificate required by section 10 of this Act to be
placed on the original instrument, and also a certificate signed by the registrar that such
duplicate has been compared and verified with the original. 5

ced on the original instrument, and also a certificate signed by the registrar that such
duplicate has been compared and verified with the original. 5

(3) The duplicate or copy may be printed, written, typewritten, photographed or copied by any
other process. (4) The registrar may refuse to accept any duplicate or copy that is made on paper or other
material which in his opinion is of a size unsuitable for filing or of insufficient substance to be
durable, and may refuse to accept any duplicate or copy made in a way which in his opinion
does not produce a permanent impression. Section 13—Numbering and Filing of Duplicates or Copies. The registrar shall number every duplicate or copy so filed consecutively, and shall file
duplicates or copies in the order in which they are received by him. Section 14—Endorsed Instruments. An instrument endorsed on another instrument shall not be registered without the instrument
on which it is endorsed, unless the latter instrument is already registered. Section 15—Replacement of Illegible Instruments.

d without the instrument
on which it is endorsed, unless the latter instrument is already registered. Section 15—Replacement of Illegible Instruments.

If in the opinion of a registrar any duplicate or copy of an instrument registered in accordance
with the provisions of this Act has deteriorated or become illegible or is likely to deteriorate or
become illegible, he may substitute therefor a further copy of the original instrument or, as the
case may be, an improved and legible copy of the deteriorated or illegible duplicate or copy. In every such case the registrar shall endorse upon the substituted document a certificate setting
forth the circumstances which rendered the substitution necessary. Section 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. Section 17—Books and Registers of Particulars of Instruments to be Kept. (1) The registrar shall keep a book in which he shall, upon registration of any instrument, enter
the registered number, the names of the parties, the date and nature of the instrument, and the
date of registration. (2) The Chief Registrar may cause registrars to keep such other books and registers as he thinks
fit.

of the instrument, and the
date of registration. (2) The Chief Registrar may cause registrars to keep such other books and registers as he thinks
fit.

Section 18—Publication of Lists of Registered Instruments. Form G. 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 in the Schedule, or to that effect, of all
instruments registered in his office during the past month. On receipt of these lists the Chief
Registrar shall within fourteen days compile one general list which shall be retained in his
office, and shall send one copy of it to the registrar in charge of each office and publish the list
in the Gazette. Section 19—Searches, Copies and Extracts. 6

d shall send one copy of it to the registrar in charge of each office and publish the list
in the Gazette. Section 19—Searches, Copies and Extracts. 6

A registrar shall, upon application, allow searches to be made at all reasonable times in any
book, register or list in his custody, and shall upon request give certified copies of, or extracts
from, any entry in any such book, register or list or of any duplicate or copy of a registered
instrument filed in his register. PART IV— POWER TO REFUSE REGISTRATION
Section 20—Refusal of Registration. A registrar may, subject to the provisions of this Part of this Act, refuse to register an instrument
affecting any particular land if—
(a) he is satisfied that the instrument deals with the land or part of it in a manner inconsistent
with an instrument previously executed whether by the same grantor or some predecessor in
title or by any other person; or
(b) on the face of the records the grantor does not appear to him to be entitled to deal with the
land as the instrument purports to do; or
(c) the instrument is made in contravention of, or is null and void by virtue of, any enactment;
or
Section 21—Notice of Grounds of Objection to Register.

the instrument is made in contravention of, or is null and void by virtue of, any enactment;
or
Section 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 paragraph (a), (b) or (c) of section 20 of this Act for refusal to register
the instrument he shall notify the grantor and the grantee of his opinion and the grounds thereof
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 manner proposed by the instrument. Where, on presentation of an instrument for registration, the registrar is of opinion that there
may be grounds under paragraph (a), (b) or (c) of section 20 of this Act for refusal to register
the instrument he shall notify the grantor and the grantee of his opinion and the grounds thereof
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 manner proposed by the instrument. Section 22—Formal Hearing of Application for Registration.

r
as to the grantor's title to deal with the land in the manner proposed by the instrument. Section 22—Formal Hearing of Application for Registration.

(1) Where the Chief Registrar remains unsatisfied as to the title of the grantor to execute the
instrument he shall notify the grantor and grantee of his opinion and that, unless the application
for registration is withdrawn within thirty days or such extended period, not longer than three
months as the Chief Registrar may for good cause allow, he will proceed to deal with it in the
manner provided by this section. (2) If the application is not withdrawn within the appointed time, the Chief Registrar shall serve
upon the grantor and the grantee and upon every person whose interest in the land appears to
him to be affected by the instrument, notice of the time and place at which he will proceed to
hear and determine the question whether registration of the instrument should be refused, and
shall publish notice of the hearing in the Gazette and in some newspaper circulating in the area
in which the land is situated and may cause notice thereof to be published in such other manner
as he thinks fit. 7

newspaper circulating in the area
in which the land is situated and may cause notice thereof to be published in such other manner
as he thinks fit. 7

(3) The Chief Registrar shall proceed to hear and determine the question at the time and place
appointed or at any other time or place to which he may adjourn the hearing. He shall hear
every person claiming to be entitled to an interest in the land. (4) 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 same manner as the notice
of the hearing. (5) 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. (6) 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. Section 23—Requirement as to Registration of Instruments Showing Grantor's Title.

Court to the High Court
in civil matters shall apply to the appeal. Section 23—Requirement as to Registration of Instruments Showing Grantor's Title.

(1) The Chief Registrar may, as a condition of registration, require the grantor to present for
registration any instruments prior to the instrument presented for registration which, in the
opinion of the Chief Registrar, are 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 any such
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, such
documentary evidence thereof as he considers sufficient. PART V—CONSEQUENCES OF REGISTRATION
Section 24—Registration necessary for Validity. (1) Subject to subsection (2), of this section, an instrument other than,
(a) a will, or
(b) a judge's certificate,
first executed after the commencement of this Act shall be of no effect until it is registered. (2) Nothing in this Act shall operate to prevent any instrument which, by virtue of any
enactment, takes effect from a particular date from so taking effect. Section 25—Registration to be Actual Notice.

instrument which, by virtue of any
enactment, takes effect from a particular date from so taking effect. Section 25—Registration to be Actual Notice.

(1) The registration of any instrument shall be deemed or constitute actual notice of the
instrument and of the fact of registration to all persons and for all purposes, as from the date of
registration, unless otherwise provided in any enactment. (2) This section does not apply to a judge's certificate or a probate. Section 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 any land affected thereby, take effect in
accordance with this Part of this Act as against other instruments affecting the same land. 8

far as regards any land affected thereby, take effect in
accordance with this Part of this Act as against other instruments affecting the same land. 8

(2) The instrument shall, upon registration, take such effect from the date of its execution if it
was presented for registration within whichever of the following periods is applicable —
(a) if executed at the place where it is registered, the period of fifteen days from its date;
(b) if executed elsewhere in Ghana, the period of sixty days from its date;
(c) if executed abroad, the period of three months from its date. (3) The will of a testator dying on or after the 24th day of March, 1883, shall, so far as regards
any land affected thereby, take such effect from the death of the testator if registered within
such of the following periods as is applicable, that is to say,
(a) in the case of the will of a person dying in Ghana, the period of two months next after the
death of the testator;
(b) in the case of the will of a person dying abroad, the period of eighteen months next after
the death of the testator;
and in any other case, the will shall take effect from the date of its registration. (4) Every judge's certificate shall take such effect in accordance with its terms.

case, the will shall take effect from the date of its registration. (4) Every judge's certificate shall take such effect in accordance with its terms.

(5) In any other case, the instrument shall, except as otherwise expressly provided in this Part
of this Act, take such effect from the date of its registration. Section 27—Copies or Extracts May be Put in Evidence. (1) Every copy or extract or certificate of registry purporting to be signed by a registrar shall
be receivable in evidence in any Court without further or other proof thereof, unless it is proved
to be a forgery. (2) The party proposing to use it in evidence in a civil case shall give notice of his intention in
writing to the opposite party, and at the same time shall deliver to him a copy of the copy or
extract and of the certificate thereon; and on proof of the service or on admission of the receipt
of such notice and 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 has been taken. PART VI—MISCELLANEOUS
Section 28—Inspection of Registers, Books and Records.

ginal book or the register from which the copy or
extract has been taken. PART VI—MISCELLANEOUS
Section 28—Inspection of Registers, Books and Records.

The books, registers and records in each office shall be inspected by a Judge of a superior court
at such times as the Chief Justice shall direct. Section 29—Protection of Registrars. No action shall be brought against the Chief Registrar or a registrar in respect of anything done
or omitted to be done by him in good faith in the execution or supposed execution of his
functions under this Act. Section 30—Previously Registered Instruments. 9

o be done by him in good faith in the execution or supposed execution of his
functions under this Act. Section 30—Previously Registered Instruments. 9

All instruments duly registered or deemed to be duly registered in pursuance of any law in
force prior to the commencement of this Act shall be retained by the registrars in charge thereof
and every instrument duly registered therein in pursuance of the law governing 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. Section 31—Kumasi Lands. The registers established under section 23 of the Kumasi Lands Ordinance (Cap. 145), shall
constitute a Register for the purposes of this Act of land vested in the President in trust for the
Golden Stool and the Kumasi traditional area, and those registers, and key maps relating to
such land, shall be transferred to, and kept by, the Chief Registrar. Section 32—Proceedings Under Land Development (Protection of Purchasers) Act, 1960.

h land, shall be transferred to, and kept by, the Chief Registrar. Section 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 instituted in any Court,
the registrar of the Court shall give notice of the proceedings to the Chief Registrar who shall
adjourn consideration of any matter affecting the land which is the subject 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 such additional entries and make such cancellations and alterations in the register as may
be necessary to give full effect thereto. Section 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 provisions
for the charging of fees for any services performed under this Act and for the regulation of
costs. Section 34—Offences for Fraudulent Transactions.

s
for the charging of fees for any services performed under this Act and for the regulation of
costs. Section 34—Offences for Fraudulent Transactions.

Any person who knowingly —
(a) purports to make a grant of a piece of land to which he has no 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, shall
be guilty of an offence which shall be a second degree felony and may, in addition to any other
punishment that may be imposed upon him, be liable to pay an amount of twice the value of
the aggregate consideration received by him. Section 35—Repeal and Saving. (1) The Land Registry Ordinance (Cap. 133) is hereby repealed. (2) Any instrument made under the repealed enactment and in force immediately before the
commencement of this Act and fees and costs in relation to any matter for which provision is
10

repealed enactment and in force immediately before the
commencement of this Act and fees and costs in relation to any matter for which provision is
10

made by this Act shall, until otherwise provided by regulations under this Act, continue in
force. Section 36—Interpretation. In this Act, unless the context otherwise requires,
"Ghana" in relation to any time prior to the 6th day of March, 1957, means the territory
comprised in Ghana on that date;
"grantee" includes every person taking or claiming any interest under any instrument;
"grantor" includes a vendor, donor, mortgagor, lessor, or other person conveying, mortgaging,
charging, or demising land;
"instrument" means any writing affecting land situate in Ghana, including 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 Judge
or a District Magistrate, and a certificate of title signed by a Judge under the State Property and
Contracts Act, 1960 (CA 6). "Minister" means the Minister to whom functions under this Act are assigned by the President. Section 37—Commencement. This Act shall come into operation on such day as the Minister may, by legislative instrument,
appoint. SCHEDULE
FORM A
(Section 5)
OATH OF GRANTOR
I, A.B.,O......, make oath and say that on the......

the Minister may, by legislative instrument,
appoint. SCHEDULE
FORM A
(Section 5)
OATH OF GRANTOR
I, A.B.,O......, make oath and say that on the......

day of............... 19..., 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 said 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................... , 19....... Before me,
FORM B
(Section 5)
OATH OF GRANTEE OR WITNESS
I, N.M., of........... , make oath and say that on the............... day of...... 19 , 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 said instrument was read over and
11

w produced to me and marked A, and that the said A. B. can
read and write (or, cannot read and write and that the said instrument was read over and
11

interpreted to him by............. at the time of its execution and that he appeared to understand
its provisions). Sworn at..................this....................day of.............. , 19......... Before me,
FORM C
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................. , 19...... FORM D
(Section 10)
CERTIFICATE OF PROOF BEFORE REGISTRAR
On the............... day of.............. ,19..... , at ............ o'clock in the ................. noon this
instrument was proved before me by the oath of the within named........ to have been duly
executed by the within named. Registrar. FORM E
(Section 6)
CERTIFICATE OF PROOF NOT BEFORE REGISTRAR
On the............... day of.............. , 19..... , at............. o'clock in the............ noon 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
Given under my hand and private seal, I having no official seal.

by the within named ....................... Given under my hand and official seal. or
Given under my hand and private seal, I having no official seal.

or
Given under my hand, I having no official or private seal. FORM F
(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.............. noon this................. day of................. ,19 .... Registrar. 12

FORM G
(Section 18)
MONTHLY LIST
o. Date of receiptNature of instrument Situation of land Date of instrument
Grantor Grantee Party registering
13