LEGAL AND INSTITUTIONAL WEAKESSES IN GHANA’S REAL ESTATE SECTOR [PART-6]: HOW FAILURE TO EXPAND TITLE REGISTRATION DISTRICTS IS FUELING LAND LITIGATION AND STALLING REAL ESTATE DEVELOPMENT - AFRICA CONTINENTAL ENGINEERING & CONSTRUCTION NETWORK

LEGAL AND INSTITUTIONAL WEAKESSES IN GHANA’S REAL ESTATE SECTOR [PART-6]: HOW FAILURE TO EXPAND TITLE REGISTRATION DISTRICTS IS FUELING LAND LITIGATION AND STALLING REAL ESTATE DEVELOPMENT

The passage of the Land Act, 2020 (Act 1036) by Parliament of Ghana in 2020 was widely hailed as a landmark reform intended to modernize Ghana’s land governance system. The Act consolidated decades of fragmented land laws into a single legal framework with the aim of improving land administration, strengthening tenure security, reducing disputes and creating a more transparent and efficient system, capable of supporting investment and sustainable real estate development.

The Act gives the Minister responsible for Lands and Natural Resources the power, on the advice of the Lands Commission, to declare new land title registration districts through a Legislative Instrument pursuant to Section 89 of Act 2020 (Act 1036). The purpose of this provision is to gradually extend Ghana’s title registration system across the country over time.

Regrettably, 5 years after its enactment, not a single title registration district has been added and this continue to undermine the core objective of Act 1036, perpetuating uncertainty in land transactions, fueling litigation and stalling the growth of the real estate sector. Title registration districts remained concentrated in limited areas such as Accra, parts of Kumasi and Kasoa. Therefore, vast majority of the country remains outside the title registration districts constituting over 98% of the total land mass of Ghana, according to an Appeal Court Judge, Justice Alexander Osei-Tutu, (Osei-Tutu, 2026).

This means that most land transactions in Ghana still operate under the deeds registration system, which records documents but does not guarantee ownership. The outcome is predictable, persistent land disputes, multiple land sales, costly and protracted litigation. The failure to expand registration districts has therefore become one of the most consequential institutional weaknesses in Ghana’s land governance system, with direct implications for real estate investment and infrastructure delivery.

Therefore, the purpose of today’s article is to examine why the expansion of title registration districts has become an urgent national priority. It interrogates how the limited geographic scope of registration districts is contributing to persistent land disputes, legal uncertainty and rising litigation across the country.

The article further explores the broader implications of this structural weakness for real estate growth, infrastructure development and investor confidence. Ultimately, it makes a compelling case for the government to take decisive and expedited action to expand title registration districts as a critical step toward strengthening land administration, reducing disputes and unlocking the full potential of Ghana’s land and property markets.

But before we go into the details of today’s discussion, let me remind you that, the Africa Continental Engineering & Construction Network Ltd stands out as one of Ghana’s leading authorities in real estate solutions. From land acquisition, title registration, architectural design, general construction, property development, real estate investment advisory services et cetera, we provide a 360ºC service experience.

Ready to move from interest to investment, kindly visit the property page, explore available properties and reach out to our team for a swift professional service delivery. With thousands of serviced litigation-free parcels of land across Accra and key growth corridors, we are uniquely positioned to help you unlock value in residential, commercial and industrial real estate. Now, let us go into the substantive issues, starting with why registration district expansion matters.

Why the Registration System Matters

Ghana operates two land registration systems, title registration, which provides a state-guaranteed record of ownership. Once a parcel is registered under this system, the title certificate becomes a strong legal evidence of ownership. The other is deed registration, which merely records documents related to land transactions.

This distinction may appear irrelevant, but its practical consequences are enormous. Under deeds registration, multiple transactions can be recorded against the same parcel of land, leaving the courts to determine the rightful owner when litigation arises. Under title registration, the system itself prevents such duplication by maintaining an authoritative register of ownership.

How Limited Registration Districts is Driving Land Litigation

Because title registration districts cover only a small portion of Ghana, most land transactions continue to take place in areas where ownership cannot be conclusively verified through the registry. This institutional gap has several consequences. First, multiple sales of the same land remain common. Without a guaranteed title system, buyers often rely on private investigations and customary confirmations, which may not always be reliable.

Second, disputes frequently end up in court. Land cases continue to occupy a significant portion of civil litigation in Ghana (LegalInk 2025). Third, these disputes often arise after development has already begun, leading to court injunctions that stall projects, locks up capital and increase development costs. In effect, the limited reach of title registration has created an environment where uncertainty about land ownership has become a structural feature of the property market.

The Impact on the Real Estate and Infrastructure Sectors

The implications of this institutional weakness extend far beyond the legal system. We shall discuss just a few for want of space.

Increased Risk for Developers: Real estate developers must conduct extensive due diligence before acquiring land, including historical title searches, customary ownership verification and boundary confirmations. Even then, disputes may still arise. This significantly increases the risk associated with property development.

Higher Property Prices: The cost of managing these risks is ultimately passed on to property buyers. Legal fees, surveys and extended due diligence all increase the cost of development. In practical terms, uncertain land governance contributes directly to higher housing costs.

Delays in Infrastructure Delivery: Public infrastructure projects are equally affected. Disputes over land ownership can delay road construction, energy infrastructure and other public works. These delays often result in higher project costs and slower delivery of national development priorities.

Reduced Investor Confidence: Secure property rights are one of the most important factors influencing real estate investment. Where ownership rights are uncertain, investors either demand higher returns or avoid the market altogether. This makes Ghana’s real estate sector less competitive compared with jurisdictions where land ownership systems are more reliable.

Is Cost the Reason for the no Expansion

Some observers argue that the cost of expanding title registration districts may explain the slow or no reform over these years since the coming into force of Act 1036. Expanding registration districts requires investment in cadastral mapping, digital land registries, land adjudication processes and institutional capacity within the Lands Commission. 

International experience suggests that systematic land registration programs typically cost between US$10 and US$50 per parcel depending on the approach used (World Bank, 2012). For a national project such as ours, this could amount to tens of millions of dollars over several years.

However, focusing solely on this cost misses the bigger picture. The economic cost of not expanding registration districts is far greater. Land disputes delay development projects, increase transaction costs, discourage investment and burden the judicial system. 

When large real estate or infrastructure projects are stalled because of ownership disputes, the resulting economic losses can easily exceed the cost of implementing a national title registration program. From a policy perspective, the question is therefore not whether Ghana can afford to expand registration districts. The real question rather, is whether Ghana can afford not to.

Our Appeal and what Government should do next

We therefore appeal to the Government, particularly the current Minister for Lands and Natural Resources, Hon. Emmanuel Armah-Kofi Buah, the Minister for Works and Housing, Hon. Kenneth Gilbert Adjei and the leadership of the Lands Commission (Ghana), to as a matter of urgency take decisive steps to expand title registration districts across the country. This reform is essential to reducing land disputes, strengthening certainty in land transactions and supporting sustainable real estate and infrastructure development.

This can be done through a deliberate and coordinated strategy. First, government should adopt a phased expansion of registration districts, starting with rapidly urbanizing regions where land transactions are most intense, eg, Kumasi, Takoradi, Koforidua, Tamale, Cape Coast etc.

Second, the Lands Commission should accelerate the digitalization of cadastral records and land registration systems. Modern geospatial technologies can significantly reduce the cost and time required for land registration.

Finally, the Minister responsible for lands, Hon Emmanuel Armah-Kofi Buah must exercise the statutory authority provided under Section 89 of the Land Act to formally declare new registration districts across the country. Without this step, the title registration system will remain confined to a few urban enclaves.

Conclusion

In conclusion, Ghana has already established the legal framework needed to improve land tenure security. The Land Act, 2020 provides a clear pathway for expanding title registration across the country. What remains is the political and institutional commitment to implement it. By failing to expand registration districts, Ghana continues to rely heavily on the deeds registration system that does not guarantee ownership and leaves the door open to multiple claims.

The result is a land market characterized by litigation, uncertainty and high transaction costs. Expanding title registration districts is therefore not merely an administrative reform. It is a critical step toward strengthening land governance, unlocking real estate investment and supporting Ghana’s long-term economic development.

References

• Legal Ink. (2024, May 8). Approximately 90% of Ghanaian court cases relate to land disputes.https://www.legalinkonline.com/approximately-90-of-ghanaian-court-cases-relate-to-land-disputes/
• Judicial Service of Ghana. (2023). Analysis of Civil Cases and Criminal Offences: High Court Civil Caseload Report.https://judicial.gov.gh/jsfiles/CASES_AND_OFFENSES_REPORT_2022_2023.pdf
• Alexander Osei-Tutu, J.A. (2025). Appeal Court judge slams weak enforcement of Land Act as land disputes dominate court cases.https://www.theghanareport.com/appeal-court-judge-slams-weak-enforcement-of-land-act-as-land-disputes-dominate-court-cases/
• World Bank. (2012). Ghana Land Governance Assessment Framework Report.https://documents1.worldbank.org/curated/en/201121504860579264/pdf/GhanaFinalReport.pdf
• Kasanga, K., & Kotey, N. A. (2001). Land Management in Ghana: Building on Tradition and Modernity. International Institute for Environment and Development.https://www.iied.org/9002iied

• 2020). Land Act, 2020 (Act 1036).https://ghalii.org/akn/gh/act/2020/1036/eng%402020-12-23?utm_source=chatgpt.com
• Ubink, J., & Quan, J. (2008). How to Combine Tradition and Modernity? Land Governance Reform in Ghana. Land Use Policy.
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About Author

Daniel Kontie is a young enthusiastic Ghanaian Entrepreneur, the Executive Chairman of the Africa Infrastructure Group; comprising the Africa Continental Engineering & Construction Network Ltd (ACECN), Falcon 48 Developers; Africa Infrastructure Energy and Africa Land Banking Investment Ltd. All these are infant establishments, disrupting the conventional way of brand building across the African Continent. Daniel is a columnist, a writer and a member of the Ghana Built Environment Writers Association. He can be contacted via Tel: +233209032280; Email: d.kontie@acecnltd.com;  Website: https://acecnltd.com/