Lesson Notes By Weeks and Term v4 - SHS 1

Lesson Video

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Performance objectives

• Describe how to acquire land for farming.
• Explain the process of land title registration.
• Identify different types of land ownership.
• Understand how to gather information on land acquisition.

Lesson summary

Land is the most fundamental resource in agriculture. In Ghana, our connection to land is not just economic but also deeply cultural and social. For any aspiring farmer or agricultural entrepreneur, understanding how to legally and securely acquire land is the first step to success. However, land acquisition is often a major source of conflict, leading to expensive court cases and even violence. This lesson will equip you with the essential knowledge of the proper procedures for acquiring land and securing it through legal registration. By understanding these systems, you can protect your investments, access financial support, and contribute to peaceful community development.

Lesson notes

A. Introduction to Key Terms Land Acquisition: The process of gaining ownership, possession, or rights to use a piece of land. Land Title Registration: The official, legal process of recording the ownership and interests in a piece of land with the government (specifically, the Lands Commission). This process results in a Land Title Certificate, which is the ultimate proof of ownership. Indenture (or Deed of Conveyance): A legal document signed by both the seller (grantor) and buyer (grantee) that transfers ownership of a property. It is a crucial document required for registration. Site Plan: An accurate drawing of a piece of land prepared by a licensed surveyor. It shows the precise boundaries, dimensions, and location of the land. It is mandatory for land registration. Stool/Skin Lands: Lands controlled by a chief or traditional authority on behalf of the community or "stool"/"skin". These make up about 80% of all land in Ghana. B. Land Ownership Systems and Acquisition Procedures in Ghana

In Ghana, land acquisition primarily follows two parallel systems. Customary Land Acquisition This refers to acquiring land according to the traditions and customs of a particular locality. The land is typically owned by a family, clan, or stool/skin.

Common Methods of Customary Acquisition: Inheritance: Acquiring land from a deceased family member according to customary inheritance laws (e.g., patrilineal or matrilineal systems). This is a common way people acquire land for subsistence farming. Gift: A landowner may give a piece of land to a person or an institution as a gift. This transfer should ideally be witnessed and documented to avoid future disputes. Purchase from a Stool, Skin, or Family: This is the most common method for acquiring land for commercial purposes. The procedure generally involves: Identification of Rightful Owners: The buyer must do due diligence to identify the legitimate chief, family head (`Abusuapanyin`), or elders responsible for the land. It is dangerous to deal with just any individual claiming to own the land. Conduct an Official Search: Before paying any money, the potential buyer should visit the nearest Lands Commission office to conduct a search. This helps verify the claimed ownership and check if there are any existing disputes or government interests on the land. Negotiation and Payment: Once the land is confirmed to be "clean," the buyer negotiates the price and payment terms with the owners. Payment should always be made through a verifiable means (e.g., bank transfer or cheque) and a receipt must be obtained. Execution of an Indenture: A lawyer is engaged to prepare an Indenture (or Deed of Conveyance). This document details the transaction and is signed by the principal members of the family/stool (grantors) and the buyer (grantee), with witnesses present. Lease: A person or company is granted the right to use the land for a specific period (e.g., 50 years for Ghanaians, 99 years for commercial purposes). The user pays rent to the owners. Most stool land sales today are technically leases. Sharecropping (Tenancy Agreements): Common in farming communities. This is not ownership, but a right to use land in exchange for a share of the farm's produce. Abunu: The farmer (tenant) is given land and sometimes inputs. The produce is divided into two equal halves (`abien mu nkyɛ`) between the tenant and the landowner. Abusa: The produce is divided into three parts (`abiasa mu nkyɛ`). Typically, the landowner takes one-third, and the farmer (who provides their own labour and tools) takes two-thirds. State/Public Land Acquisition This refers to land owned by the Government of Ghana and managed by the Lands Commission. This land has either been compulsorily acquired for public projects or was state land from the colonial era. Individuals or companies can apply to the Lands Commission to lease state land for specific purposes, including large-scale agriculture. This process is highly formal and entirely managed by government agencies. C. The Procedure for Land Title Registration

Acquiring land through an indenture is not the final step. To get absolute legal security, the land must be registered to obtain a Land Title Certificate. This process moves the ownership from the private/customary domain into the official government record.

Evaluation guide

• Describe land acquisition and land title registration procedures.
• Project -Based Learning: Different mixed groups of learners visit the head of a family/ clan,
• dikro, or chief, with a checklist/questionnaire to find out how land is acquired in the locality,
• and present reports on their findings.