Towards a Redefinition of Squatter Rights: Adverse Possession in Ghana and the United Kingdom

Abstract

Abstract A squatter may under certain circumstances extinguish the title of the registered proprietor and obtain good title. Many arguments have been made for and against these extensive rights. The broad consensus appears to be that in relation to registered land, there is less justification for it. The English Land Registration Act 2002 substantially modified the effect of adverse possession on registered land making adverse possession inapplicable to registered lands. Under Ghana’s new land law; Land Act, 2020 (Act 1036), except for public lands, a claim in adverse possession can defeat title to land whether registered or unregistered. This feature of Ghana’s land law appears unsatisfactory in light of the policy justifying land title registration. Using a comparative approach, this work evaluates adverse possession law in Ghana and England within the context of its objectives. The work established that the current regime on adverse possession does not effectively promote the objectives of land registration and requires reform.