The management and staff of the Ghana Library Authority (GhLA) have been urged to perform thorough due diligence before engaging in any land purchases and appreciate the position of the law regarding land administration so that one doesn’t fall foul to it.
This crucial piece of advice was presented on Wednesday, July 5, 2023, at a Land Act enlightenment session hosted at the GhLA office in Accra.
The rationale behind the event was to inform library staff about the rules and procedures that must be followed to legally acquire land, stressing the need of doing so in order to avoid litigations or disputes.
Surv. Lawyer Timothy Anyidoho, RLO for the Greater Accra Region, advised the staff on significance of due diligence in real estate deals before engaging into any agreements or making financial obligations. He underscored the importance of performing in-depth research and acquiring reliable information about the ownership, history, and legal status of any land before making financial commitments.
The sensitization activity highlighted typical land acquisition challenges like encroachments, conflicting land boundaries, and overlapping claims.
Surv. Anyidoho also touched on SECTION 9(2) ‘’ which states that, A person shall not create an interest in or right over any stool, skin, clan or family land that vest in that person, another person or body of persons a freehold interest in that land, however described
SECTION 12: PROTECTION OF LAND AND INTEREST IN LAND: Under this section, he admonished the staff to be mindful of the activities of land guards stating that if one engages in it, both the sponsored and the sponsor are both liable to a term of imprisonment of not less than five years and not more than fifteen years.
SECTION 13: MANAGEMENT OF STOOL, SKIN OR FAMILY LAND
SECTION 14-18 made provision for the Establishment of a Customary Land Secretariat. In his presentation, it became succinct that, A stool or Skin, Clan, or family that owns land shall following this Act, establish a Customary Land Secretariat as prescribed by regulations made under this Act for the management of its land.
SECTION 22: RESTRICTIONS ON EXPLOITATION OF NATURAL RESOURCES AND FARMING RIGHTS
SECTION 37: RECORD OF CUSTOMARY TRANSFER
SECTION 98(1): RESOLUTION OF LAND DISPUTES. An action concerning any land or interest in land in the registration district shall not be commenced in any court unless the procedure for resolution under Alternative Dispute Resolution Act, 2010 Act 798 has been exhausted.
SECTION 47: RESTRICTIONS ON TRANSFER OF LAND BY SPOUSE. A spouse shall not, in respect of right or interest in land acquire for valuable consideration during marriage: a) Sell, exchange, transfer, mortgage or lease the land, right or interest in the land. b) Enter into a contract for the sale, exchange, transfer, mortgage, or lease of the land, right, or interest in the land. c) Give away right in the land inter vivo. d) Enter into any other transaction in relation to the land, right, or interest in the land without the written consent of the spouse, which shall not be unreasonably withheld.
Participants were educated on the procedures involved in conducting searches, and the registration process, and the importance of obtaining appropriate permits and certifications from relevant authorities.
Copies of the Land Act were also donated.
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COMMS UPDATE
