Justice Alexander Osei Tutu of the Court of Appeal has called for a critical review of adverse possession under Ghana’s Land Act, 2020 (Act 1036), describing it as a grey area and a source of legal uncertainty five years after the law’s implementation.

Speaking at the 7th KNUST Faculty of Law Eminent Legal Scholars and Lawyers Public Lecture Series, Osei Tutu said that although the doctrine has long been embedded in land law, it continues to raise concerns about fairness and property rights.

“Adverse possession strikes at the heart of property rights,” he said, explaining that the doctrine allows ownership to shift from a lawful owner to a non-owner without consent after a statutory period, typically 12 years, raising questions about justice and equity in modern land governance.

Addressing the theme “The Land Act, 2020 (Act 1036) at Five Years: Gains and Challenges,” he acknowledged that the Act has introduced significant reforms, including consolidating previously scattered land laws and improving recognition of various land interests. However, he said gaps remain, particularly in addressing emerging and complex legal issues.

He noted that adverse possession is increasingly being questioned globally, adding that it creates tension between traditional legal doctrines and contemporary expectations of justice.

Justice Osei Tutu outlined key gains of the Act, including harmonisation of land legislation, clearer recognition of customary and statutory land interests, criminalisation of land grabbing, and improved access to injunctions against trespassers.

Despite these strides, he said persistent challenges, such as lack of clarity in certain provisions, weak enforcement mechanisms and inconsistencies in areas like matrimonial property ownership, continue to undermine its effectiveness.
“The Act has made notable strides, but its effectiveness ultimately depends on how well these gaps are addressed in practice,” he said.

He called for stronger political commitment to drive implementation of the law.
“Passing the law is not enough; there must be a deliberate political will to implement its provisions,” he said.

He also advocated continuous legal education for practitioners, enhanced public awareness, a review of outdated doctrines such as adverse possession, and stricter enforcement of laws against land grabbing.

Justice Osei Tutu urged collective action, saying that while Ghana has established a solid legal framework for land governance, more effort is needed to translate policy into practice.

“The Land Act holds great promise, but the journey is not complete. We must work together to ensure equitable land governance, strengthen land security, and harness the law for sustainable national development,” he said.

Pro-Vice-Chancellor Professor David Asamoah, speaking on behalf of the Vice-Chancellor, commended the Faculty of Law for selecting a timely and nationally relevant topic, highlighting the central role of land in national development.

“Land represents the wealth of a nation, and human survival is inextricably linked to the health of our land ecosystems,” he said.

He described the Land Act as a historic reform aimed at addressing decades of fragmented legislation, overlapping institutional mandates and persistent land disputes. While acknowledging its innovative provisions, including improved transparency and digitisation of land administration, he said “five years after its passage, the journey remains a work in progress.”

He emphasised that effective implementation remains the true test of the law’s success.
“Passing a law is only the first step; its true value lies in its effective implementation,” he said.

The lecture forms part of the Faculty of Law’s annual public lecture series, which brings together legal scholars, practitioners and students to examine contemporary legal issues and promote informed dialogue on Ghana’s legal and governance systems.