Land Sharing Agreement (Ghana)

A Land Sharing Agreement in Ghana governs the relationship between the parties by fixing what each must do.

Ghana operates a dual land tenure system that recognises both statutory land rights and customary land rights. Under the Land Act 2020 (Act 1036), land in Ghana is classified as stool land, skin land, family land, clan land, or privately owned land. The Lands Commission, established under the Lands Commission Act 2008 (Act 767), is the principal state institution responsible for managing public lands, vetting transactions in stool and family lands, and maintaining the Land Title Register under the Land Title Registration Act 1986 (LI 1341).

A Land Sharing Agreement is particularly relevant in Ghana where land is held under customary tenure by a family or clan group. Under customary law as recognised by the High Court of Ghana, family land is managed by the family head (abusua panyin in Akan custom) together with the family elders. Where the family decides to divide land among individual members, a Land Sharing Agreement records the allocation approved by the family council and provides the basis for individual registration at the Lands Commission.

The Land Administration Project (LAP), a government initiative implemented through the Lands Commission and the Office of the Administrator of Stool Lands (OASL), has sought to formalise customary land rights across Ghana by issuing Customary Land Secretariat (CLS) records and enabling land title registration. A properly executed Land Sharing Agreement supports this formalisation process by providing documentary evidence of the agreed allocation.

Where the land subject to a Land Sharing Agreement is freehold land registered under the Land Title Registration Act 1986, the agreement must be consistent with the register entry at the Lands Commission and the applicable deeds registry at the regional office. Section 110 of the Land Act 2020 (Act 1036) governs first registration of title. Transactions involving stool land require the concurrence of the Office of the Administrator of Stool Lands (OASL) under the Administration of Stool Lands Act 1994 (Act 481).

The Internal Revenue Act — now replaced by the Income Tax Act 2015 (Act 896) — and the Stamp Duty Act 2005 (Act 689) impose stamp duty obligations on instruments affecting land in Ghana. The Ghana Revenue Authority (GRA) administers stamp duty collection. A Land Sharing Agreement that effects an actual transfer of a portion of land must be stamped at the GRA before registration at the Lands Commission.

Parties to a Land Sharing Agreement in Ghana should obtain a survey plan from a licensed surveyor registered with the Ghana Institution of Surveyors (GhIS) to identify the specific portions being allocated. The survey plan, together with the executed Land Sharing Agreement, forms the basis for the application for a site plan and indenture at the Lands Commission regional office. The Lands Commission's survey division issues a plot number for each allocated parcel, which is required for land title registration.

A Land Sharing Agreement in Ghana is needed whenever co-owners of a parcel of land — whether under statutory title, customary tenure, or family land holding — decide to divide the land among themselves and require a formal document to record the agreed allocation.

A Land Sharing Agreement is required when siblings or other family members who jointly inherited land under customary law or under the Intestate Succession Act 1985 (PNDCL 111) decide to divide the inherited property among themselves. Without a formal agreement, each member's entitlement remains undocumented and vulnerable to future disputes before the High Court (Land Division) in Accra or the relevant regional High Court.

A Land Sharing Agreement is needed when business partners who purchased land jointly under the Companies Act 2019 (Act 992) or as individuals decide to split the land into separate parcels for independent development. The agreement records the consideration (if any) paid for the reallocation of shares and the agreed boundaries of each portion.

A Land Sharing Agreement is required in the context of a community land settlement supportd by a Customary Land Secretariat under the Land Administration Project. The Customary Land Secretariat documents the family council's decision to divide land, and the Land Sharing Agreement is the instrument that evidences that decision for registration purposes at the Lands Commission.

A Land Sharing Agreement is needed where two or more persons hold land under a joint lease from a stool or skin and they agree to subdivide the leasehold interest into separate portions. The subdivision must be approved by the Lands Commission and, where stool land is involved, by the Office of the Administrator of Stool Lands (OASL) under the Administration of Stool Lands Act 1994 (Act 481).

A Land Sharing Agreement is required when a property developer and a landowner enter into a land-for-development arrangement under which the landowner contributes land and the developer contributes construction services, with the completed units divided between the parties in agreed proportions. This arrangement is common in Accra, Kumasi, Takoradi, and other urban areas in Ghana.

Parties should execute a Land Sharing Agreement before any physical demarcation of the land or construction of boundary walls or fences to avoid trespass disputes. The agreement should be executed before a notary or commissioner for oaths and stamped at the Ghana Revenue Authority (GRA) before lodgement at the Lands Commission.

A Land Sharing Agreement in Ghana that is enforceable and suitable for registration at the Lands Commission must contain the following essential elements.

Parties: Full legal names, Ghana Card numbers, residential addresses, and GRA TIN numbers of all co-owners. Where a party is a company incorporated under the Companies Act 2019 (Act 992), the Office of the Registrar of Companies (ORC) registration number must be stated.

Description of the Original Parcel: A precise legal description of the entire parcel of land before subdivision, including the plot number, site plan number, indenture reference, regional deeds registry entry, and Lands Commission Land Title Certificate number if the land is registered under the Land Title Registration Act 1986 (LI 1341). The description must match the register entry at the Lands Commission.

Allocation of Portions: A clear statement of the specific portion allocated to each party, referenced to a survey plan prepared by a licensed surveyor registered with the Ghana Institution of Surveyors (GhIS) and bearing the surveyor's stamp and registration number. Each portion should be identified by compass bearings, boundary dimensions, and landmark references in the survey plan.

Consideration: Whether the division is made by way of gift between family members or whether each party pays or receives a balancing payment (equality money) to reflect differences in the value of the portions allocated. Stamp duty under the Stamp Duty Act 2005 (Act 689), administered by the Ghana Revenue Authority (GRA), is payable on any cash consideration.

Warranties: Each party's warranty that they have the right to agree to the division of their share and that the portion allocated to each other party is free from encumbrances, liens, or claims not disclosed in the agreement.

Stool Land Consents: Where the land is stool land or skin land, confirmation that the concurrence of the relevant stool authority and the Office of the Administrator of Stool Lands (OASL) has been obtained under the Administration of Stool Lands Act 1994 (Act 481).

Dispute Resolution: Submission to the jurisdiction of the High Court (Land Division) in Accra or the relevant regional High Court, or referral to the Lands Commission's mediation and alternative dispute resolution processes under the Alternative Dispute Resolution Act 2010 (Act 798).

Execution: Signatures of all parties before a notary public or commissioner for oaths, with Ghana Card numbers recorded. Two independent witnesses must sign the agreement. The agreement must be stamped at the Ghana Revenue Authority (GRA) before registration.

Forms-legal.com provides this Land Sharing Agreement template as a starting point for parties dividing land in Ghana. Parties should engage a licensed surveyor registered with the Ghana Institution of Surveyors (GhIS) and a solicitor enrolled with the Ghana Bar Association to confirm the agreement is suitable for registration at the Lands Commission and complies with the Land Act 2020 (Act 1036).

Additional compliance elements for a Land Sharing Agreement (Ghana) used in Ghana include: Under the Land Act 2020 (Act 1036), the Lands Commission manages land registration in Ghana. Section 43 of the Land Act 2020 governs leases of stool and skin lands. The Office of the Administrator of Stool Lands (OASL) manages stool land revenue under Article 267 of the Constitution of Ghana 1992. The Land Court (High Court division) adjudicates land disputes. The Stamp Duty Act 2005 (Act 689) imposes duty on property instruments. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.