Legal implications of allocation papers in land transactions in Ghana—A case study of the Kumasi traditional area

Abstract

This paper studies the legal effects of land allocation papers in today's land administration system by focusing on stool lands in Kumasi. Using key informant interviews and review of relevant land legislations, court proceedings and seminar papers, we found out that, land allocation papers in their current form and substance are incapable of conveying title to purported grantees, but may only serve as evidence that an individual or corporate body has purportedly acquired land. The allocation paper is only a step towards acquiring full legal rights over land under customary tenure. This study recommends that grantees of stool lands should make every effort towards completing the other legally required processes such as formalisation and registration of the transaction at the Lands Commission for valid legal title. It is further recommended that preparation of allocation papers by chiefs should be enhanced by incorporating terms of the grant, identities of the transaction parties, consideration and proper description of the land. These enhancements will facilitate the formalisation and registration process, and potentially reduce the cost and time of registering land in Ghana. Particularly, it will challenge state institutions and land administrators to introduce stringent measures or security features that would make land title registrations using allocation papers legally binding.