The emergence of electronic conveyancing in Ghana

In the wake of increasing calls for land administration reforms in Ghana, Parliament of Ghana passed the new Land Act, 2020 (Act 1036) (the “Land Act”) in December 2020. Among many of the reforms introduced by the Land Act is the introduction of electronic conveyancing.

Electronic conveyancing (“E-conveyancing”) is a computerised land registration system in which land transactions are processed digitally from the initial stages of land acquisition through to the final stage of registering the interest, title and rights in land.

E-conveyancing has been introduced to, among other things, expedite the transfer of interests or rights over land. The Lands Commission of Ghana (the “Commission”) has been given the mandate under the Land Act to develop a land information system equipped with the requisite information technology infrastructure to:

• Train and equip the Commission’s staff with the appropriate knowledge and skills to manage the land information system and
• Provide general education on land information systems and electronic conveyancing for the Commission’s staff as well as for professionals who provide services in relation to land and to the general public.

Qualified legal practitioners may make an electronic conveyance if they have:

• Applied to the Commission and have satisfied the Commission that they have the required facilities and equipment to provide the service; and
• Been granted access by the Commission to the information system.

Furthermore, access provided to the information system for applicants is not transferrable and is subject to conditions that the Commission may impose. This will lead to efficiency and accountability in land administration.

The requirements for a valid electronic conveyance include the following:

• Preparation by a qualified legal practitioner who has been granted access to the information system by the Commission;
• The electronic conveyance must record the time and date on which the conveyance takes effect;
• The electronic signature of each person who authenticates the conveyance and each electronic signature on the conveyance must be certified in accordance with the Electronic Transactions Act, 2008 (Act 772).

The Minister responsible for Lands and Natural Resources, based on the Commission’s guidance, is authorised to make regulations that provide for facilities and other requirements for the provision of E-conveyancing services. There are currently no such regulations in place.

The Commission is also yet to commence the implementation and adoption of E-conveyancing; however, once implemented, there will be consolidation of land acquisition and land title registration will be easily accessible. The complexity, risks, stress and bureaucracy associated with land acquisition in Ghana will also reduce when E-conveyancing is adopted by the Commission.

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Read the original publication at ENSafrica.