Ghana's Land Act, 2020 (Act 1036) came into force in 2020 and consolidated multiple earlier land laws into a single comprehensive statute. It introduced important changes affecting land rights, customary land administration, compulsory acquisition, and land transactions. Here's what you need to know.
Why Was a New Land Act Needed?
Ghana's land law was previously scattered across multiple statutes: the State Lands Act, the Administration of Lands Act, the Land Title Registration Act, the Conveyancing Decree, and others. The 2020 Land Act consolidated these into a single law, updated the framework for modern land administration, and tried to address the land tenure insecurity that has held back investment and caused widespread disputes.
Key Changes and Provisions
1. Customary Land Secretariats
The Land Act formalizes and strengthens Customary Land Secretariats (CLSs) as the administrative bodies for customary land. Chiefs and traditional authorities are now required to establish and operate CLSs to manage land records, allocations, and dispute resolution for their areas.
Impact: Better record-keeping at the traditional level should reduce double-selling and fraud. Buyers can now check CLS records as well as Lands Commission records.
2. Land Use Restrictions
The Act consolidates rules on land use: zoning, building setbacks, use restrictions. It confirms that even a landowner cannot use their land contrary to planning regulations. Unpermitted uses can be stopped by local authorities.
3. Compulsory Acquisition
The Land Act retains the state's power to compulsorily acquire land for public purposes (roads, schools, infrastructure) but strengthens compensation requirements:
- Compensation must be "fair and adequate"
- Compensation must be paid before or at the time of acquisition (not after — a previous abuse)
- Owners can challenge the compensation amount in court
- Land acquired and not used within 10 years must be returned or re-offered to the original owner
4. Non-Citizen Land Rights
The Act codifies restrictions on non-citizen land rights:
- Non-citizens (including non-Ghanaian companies) can only hold land on leasehold — not freehold
- Maximum leasehold term for non-citizens: 50 years (renewable)
- Maximum leasehold term for Ghanaians: 99 years
- Freehold (outright ownership) is reserved for Ghanaian citizens
5. Spousal Rights in Land Transactions
The Act requires that where a jointly occupied matrimonial home is being sold or charged (mortgaged), the consent of the spouse must be obtained. This closes a loophole that allowed one spouse to mortgage or sell the family home without the other's knowledge.
6. Stool Land Administration
The Act clarifies that stool land revenues must flow through the proper constitutional channels: 10% to the Office of the Administrator of Stool Lands (OASL), with the remainder shared between the stool/skin (55%), the traditional council (25%), and the District Assembly (20%).
7. Land Title Registration
The Act continues to promote systematic land title registration and aims for full registration coverage across Ghana. Registration provides stronger protection than the older Deeds Registry system.
What This Means Practically
- Always check both Lands Commission AND the local Customary Land Secretariat records
- Ensure any sale of the matrimonial home has the spouse's consent in writing
- For compulsory acquisition disputes, you now have stronger rights to challenge inadequate compensation
- Non-citizens buying land must ensure they are buying a leasehold — not freehold
Use our free Land Deal Risk Check to review your documents under the new law. Read about stool land allocation and leasehold vs freehold rights.
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