Land Act, 2020.

The Act revises and consolidates previous enactments on land into a single law, with a view to ensuring sustainable land administration and management, and effective and efficient land tenure. To this end, the Act establishes a broad-based framework for registering land rights and interests, a customary land rights framework. Further it seeks to enhance transparency and accountability in land governance institutions.
The Act provides for the interest arises from a transaction under customary law and common law freeholds, usufructuary interest, leasehold interest that applies on an interest in land for a duration which is certain or capable of being ascertained. The Act provides for restrictions on acquisition on land by non-citizens that include not creating an interest in or right over land and for prohibition of discriminatory practice in respect of land under customary tenure, whether the land is individually or communally held. A community may set aside or recognise one or more areas of land (including water areas) within the community for common use by the members of that community. The Act provides for the family management of land. A stool or skin, or clan or family that owns land shall establish a Customary Land Secretariat for the management of the land. The Lands Commission and the Office of the Administrative of Stool Lands shall collaborate in the establishment and performance of functions in relation to a Customary Land Secretariat under this Act.The Act provides for restrictions on exploitation of natural resources and farming rights, while grant of family rights shall not exceed nominated terms in the case of poultry farming or the cultivation of cereals, ranching or the cultivation of tree crops and timber. A grant or the aggregate of grants of stool, clan or family land to any person shall not exceed nominated squares in respect of mining rights, timber rights and cultivate annual or perennial crops to engage in animal husbandry.Provisions on transfer of an interest or right in land is described along with the contract for transfer, mode of transfer and the possibility for oral grant of an interest in land under customary law. The Act prescribes regulations on conveyance of an interest in land including person not party to conveyance, voidable conveyance, grounds for varying or setting aside conveyance and restrictions on transfer of land by spouse. The Act provides conditions of electronic conveyancing for which the Lands Commission shall establish land information system equipped with the requisite information technology infrastructure and the electronic conveyance shall only be made by a qualified legal practitioner who has been granted access to the information system by the Lands Commission. The Act provides enhanced regulations on registration by Land Registration Division in consultation with the Director of Survey and Mapping Division; each registration section may be identified by a distinctive name or number. The Land Registrar shall on registration of a person as proprietor of land or holder of an interest in land, issue a land certificate. The provisions on registration of land lease, mortgage, transfer and a contractual license are are articulated.
This Act makes significant improvements in safeguarding spousal land rights in the context of land acquired during marriage. For instance, spouses’ names must be included when registering land acquired for valuable consideration during marriage unless a contrary intention is expressed, and there is a presumption that any land acquired during marriage by one spouse is co-owned by both spouses. The Act also requires spousal consent for transactions involving land acquired for valuable consideration during a marriage. Section 47 of the Act prescribes conditions under which transfer or interest of the land by spouse is restricted, unless a contrary intention is expressed in the agreement. The Act provides that a spouse shall not sell, exchange, transfer, mortgage or lease the land, right or interest in the land; enter into a contract; give away the land, right or interest or enter into any other transaction in relation to the land, right or interest in the land without the written consent of the other spouse.
The state may compulsorily acquire any land where the acquisition of that land is necessary. The Act provides for the purposes under which a land may be acquired by the government, in which case a declaration as specified in Form 1 of the Fifth Schedule shall be published in the Gazette. Fair and adequate compensation shall be provided by the Lands Commission to the claimant when it is awarded. Final chapters in the Act refer to the offences by public officers or individuals and immunities. This Act is drafted in 3 Parts and 283 Articles attached with 6 Schedules that contain numerous Forms. Parts of the Act include: Part One - Interests and Rights in Land; Part Two - Land Administration and Land Management; Part Three - Offences and Miscellaneous Provisions. Part Two of the Act contains 9 Chapters as follow: Customary Land Management (Chapter 1); Demarcation, Survey and Valuation of Land (Chapter 2); Transfer of Interests and Rights in Land (Chapter 3); Land Recording and Registration (Chapter 4); Title Registration (Chapter 5); Deeds Registration (Chapter 6); Acquisition of Land by the State (Chapter 7); Vesting (Chapter 8); Temporary Occupation of Land (Chapter 9).