INTRODUCTION
Prior to the electronic land registration, registration of land in Ghana was characterised by land title insecurity, high cost of registration, multiple registrations of lands, long turnaround time for land registration and multiple sale of lands.
The digitization of Ghana’s land administration regime represents a bold departure from historically opaque and inefficient systems of land governance. With the enactment of the Land Act, 2020 (Act 1036) and complementary digitization efforts by the Lands Commission, Ghana has signaled its intent to modernize land registration processes through the adoption of electronic systems[1].
While the benefits of digitization ranging from reduced transaction time to enhanced transparency are widely acknowledged, the operationalization of electronic land registration has introduced multifaceted legal challenges. These include concerns surrounding fraud prevention, data integrity, third-party reliance, and digital exclusion. This article critically analyses these legal issues within the framework of Act 1036 and allied legislation, while also considering judicial and policy responses.
LEGAL FRAMEWORK
The legal foundation for electronic land registration is primarily contained in the Land Act, 2020 (Act 1036), which provides a consolidated statute governing land tenure, registration, and administration.
Section (73-80) empowers the Lands Commission to maintain electronic land records and adopt digital conveyancing practices.
It also enshrines the principles of transparency, tenure security, and equitable access as normative values that must guide all land administration activities.
These statutory provisions are supplemented by the Electronic Transactions Act, 2008 (Act 772), which affirms the legal validity and admissibility of electronic records and signatures in legal proceedings[2]. Together, these instruments provide a legislative architecture for the recognition and utilization of digital land registration systems in Ghana.
IMPORTANCE OF ELECTRONIC LAND REGISTRATION
The shift to electronic land registration is not merely an administrative innovation it constitutes a structural and normative reformation of Ghana’s land governance system. It carries wide-ranging implications for legal certainty, access to justice, and sustainable economic development.
Advancement of Legal Transparency and Public Accountability
The electronic system significantly reduces the incidence of an officer manipulating the land registration process and register that characterized the manual regime. By automating registry processes and enabling timestamped, traceable entries, electronic registration strengthens the evidentiary value of registry information and fosters institutional accountability[3]. This promotes legal certainty, ensuring that parties transacting in land can rely on the integrity of public records without fear of undisclosed interests.
Facilitation of Efficient Legal Transactions and Tenure Security
From a jurisprudential standpoint, timely and accurate registration is essential for the crystallization of proprietary interests. The electronic system reduces bureaucratic delays and procedural bottlenecks, thereby facilitating prompt vesting of legal and equitable interests in land. This efficiency serves not only private actors but also the judiciary, which relies on credible and up-to-date registry data in adjudicating land disputes.
Electronic land registration thus operationalizes the mirror principle of land law, which holds that the register reflects the entirety of legally cognizable interests in land. This enhances tenure security, particularly for vulnerable landholders whose claims have historically been undermined by lost or manipulated paper records.
iii. Strengthening the Doctrine of Notice and Bona Fide Acquisition
In land law, constructive notice through the land registry serves as a mechanism for protecting good-faith purchasers. The accessibility and functionality of electronic records allow purchasers, lenders, and legal practitioners to conduct due diligence efficiently. This promotes the doctrine of bona fide purchaser for value without notice, thereby enhancing transactional security and reducing litigation arising from multiple sales and unregistered interests[4].
Reinforcement of State Regulatory Functions and Constitutional Rights
A functional digital registry enables regulatory bodies, including metropolitan assemblies and revenue authorities, to enforce planning laws, collect property rates, and coordinate development schemes. From a constitutional perspective, it also facilitates the realization of the right to property under Article 18 of the 1992 Constitution, by providing an accessible avenue for registration and enforcement of property rights. The system promotes equitable access to justice and supports the rule of law by reducing arbitrariness in land-related decision-making.
LEGAL AND OPERATIONAL CHALLENGES
Fraudulent Registrations and Identity Theft
One of the emergent threats of digitization is the increased risk of cyber-fraud and impersonation. In the absence of robust biometric authentication, malicious actors may exploit technical vulnerabilities to effect unauthorized registrations. While Section 277 of Act 1036 criminalizes fraudulent land dealings, enforcement remains largely reactive and post hoc.
The Supreme Court of Ghana has held in numerous decisions that registration whether manual or electronic does not validate a void transaction, particularly where fraud is involved (Amoako v. Tetteh [2019] GHASC 23). This jurisprudence affirms the common law maxim that fraud unravels all.
Data Integrity and Systemic Errors
The digital migration process has exposed systemic inaccuracies, especially where analog records were historically incomplete or poorly maintained. Errors regarding land boundaries, interests, or encumbrances can undermine the credibility of the register and threaten the principle of indefeasibility of title.
Though Section 241(5) of Act 1036 provides for compensation where an individual suffers loss due to official error, the evidentiary and administrative burdens involved in accessing redress often discourage aggrieved parties from pursuing claims[5].
Third-Party Reliance and Legal Certainty
Prospective purchasers and financiers heavily rely on land registry data. However, the law presently offers limited indemnity for losses arising from reliance on inaccurate or incomplete entries. There exists no statutory warranty of accuracy, and no clear legal estoppel protecting good-faith reliance, thus undermining confidence in the system[6].
Accessibility and the Digital Divide
Although digital systems are designed to enhance inclusivity, significant infrastructural and literacy gaps persist, particularly in rural areas. This raises concerns regarding equitable access to land services and risks perpetuating socio-economic inequality. A land administration system that disproportionately favors the urban elite may fall afoul of constitutional guarantees of equal protection and access to justice.
JUDICIAL AND POLICY CONSIDERATIONS
Ghanaian courts have, in recent years, adjudicated disputes involving electronic entries, especially in the context of double registration or overlapping claims. In Kwarteng v. Nyarko [2021] GHCA, the Court reaffirmed that registration does not confer title where the root of interest is void ab initio.
In terms of policy, the Lands Commission and Ministry of Lands and Natural Resources must:
Adopt biometric user authentication to ensure verified identity at the point of registration;
Integrate blockchain technology to prevent unauthorized alterations and provide immutable audit trails;
Establish a dedicated unit for the review and correction of data errors;
Implement nationwide public education and capacity building on digital land systems.
To effectively utilize the digitization program, the Lands Commission must be able to identify the true owners of the parcels of land, the ownership system that applies to the lands ie if the land in question is stool owned or family owned, and other relevant information about the parcel of land. This is necessary as majority of cases in the Ghanaian Courts relate to the ownership.
CONCLUSION
The implementation of electronic land registration in Ghana is a commendable step toward legal and administrative reform. It strengthens transparency, enhances tenure security, and promotes lawful access to land rights. However, these benefits can only be fully realized if accompanied by legislative refinement, judicial oversight, and inclusive policy design.
The Land Act, 2020 (Act 1036) must be interpreted and enforced within a broader framework that ensures technological efficiency does not eclipse legal integrity. Only then can Ghana build a land governance regime that is not only modern in form but also just in substance.
[1] Land Act, 2020 (Act 1036)
[2] Electronic Transactions Act, 2008 (Act 772)
[3] Ghana Integrity Initiative. (2020). Assessment of Land Administration Transparency in Ghana.
[4] De Soto, H. (2000). The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else.
[5] Boamah, E. F. (2023). Challenges of Land Registration in Ghana: Reviewing the Land Act, 2020
[6] GIMPA Law Review. (2022). Legal Certainty in Land Transactions: The Role of the Land Act, 2020.BY; Priscilla Mbama Yakubu.
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