A Justice of the Court of Appeal, Alexander Osei Tutu, has outlined both the progress and persistent challenges associated with Land Act 2020 (Act 1036), five years after its enactment, calling for urgent reforms to strengthen land administration in Ghana.
Speaking at the 7th KNUST Faculty of Law Eminent Legal Scholars and Lawyers Public Lecture Series to assess the impact of the legislation, he described the Act as a comprehensive effort to transform the country’s land sector, noting that it has significantly improved clarity and accessibility within Ghana’s land laws.
As he addressed the topic “The Land Act, 2020 (Act 1036) at Five Years: Gains and Challenges,” he explained that one of the key achievements of the Act is the consolidation of about 30 different land-related legislations into a single legal framework, making it easier for lawyers, judges and land users to navigate the system. According to him, the law has also clarified previously ambiguous interests in land, including distinctions between customary law freehold and usufructuary interests.
Justice Osei Tutu further noted that the Act has strengthened legal protections for landowners, particularly through provisions that allow for interlocutory injunctions against trespassers—something that was previously difficult to obtain due to the absence of a clear statutory framework.
He highlighted the criminalisation of land guard activities as one of the most impactful innovations under the law, stating that it has introduced deterrence against illegal land occupation and improved accountability among custodians of land, including traditional authorities and family heads.
Additionally, he pointed to provisions that promote transparency, such as requiring fiduciaries managing customary lands to render accounts, and the establishment of customary land secretariats to document and regulate land transactions.
Despite these gains, Justice Osei Tutu stressed that significant challenges remain, particularly in the area of land registration. He expressed concern that only a small portion of the country operates under a title registration system, leaving the majority of land transactions under the less secure deeds registration system.
According to him, less than two percent of Ghana’s landmass is covered by title registration, limiting the effectiveness of reforms intended to ensure certainty and security in land ownership.
He criticised the slow pace of expanding registration districts, attributing it to high costs, boundary disputes, weak archival systems and what he described as a lack of political will.
“The question is not whether Ghana can afford to expand registration districts, but whether it can afford not to,” he said, warning that unresolved land disputes continue to hinder investment, increase litigation and slow economic development.
Justice Osei Tutu also raised concerns about the continued application of the doctrine of adverse possession, which allows individuals to claim ownership of land after occupying it for a specified period. He described the doctrine as outdated and inconsistent with modern land registration principles, arguing that it undermines the concept of indefeasible title.
He further highlighted legal uncertainties surrounding matrimonial property under the Act, noting that amendments made before the law received presidential assent altered earlier provisions that presumed joint ownership of property acquired during marriage.
The judge also pointed to gaps in the law regarding the acquisition of allodial title and criticised inconsistencies in implementation by relevant institutions, including delays in passing legislative instruments required under the Act.
The Pro Vice Chancellor, Professor David Asamoah speaking stressed that “passing a law is only the first step; its true value lies in effective implementation,” noting that the Land Act 2020 (Act 1036) holds strong potential to transform land governance in Ghana. Professor Asamoah explained that while the Act introduces provisions to improve transparency, reduce disputes and strengthen protections, achieving these outcomes depend on collective commitment from government institutions, traditional authorities and citizens. He further emphasised the need for stronger enforcement mechanisms and accelerated digital transformation in land administration, warning that sustainable land governance is essential for socio-economic development and national stability.
