You finally save up enough to get a piece of land in Accra. You meet the “landowner,” sign the lease, pay thousands of cedis, and start making plans. But before you can raise a block, someone else shows up, claiming ownership. Or worse, the very person who sold the land to you now says there’s a mistake, and you must “settle” again.
From Kasoa to Kumasi, these land disputes are all too common. Sometimes, buyers fail to do their homework. But in many cases, the problem comes from dishonest or careless landlords. Thankfully, the Land Act, 2020 (Act 1036) has come to protect lessees. It imposes certain duties, called “implied covenants;” on the landlord or person granting the lease. This article explains what those duties are, their essence, and what happens when a landlord breaches them.
What Exactly is a Lease
A lease is a legal arrangement that lets you use land or property for a set period of time. You don’t become the absolute owner of the land, but you simply gain a temporary right to occupy and use it, under agreed conditions.
Under the Land Act, a lease is created when someone with a recognised interest in land gives another person the right to use that land for a specific time. The lease can last for 2 years or 99, as it all depends on the agreement. In this arrangement, the person granting the lease is called the lessor. This is usually the landlord or landowner. The person receiving the lease is the lessee, also known as the tenant.
But the key thing is that even though the lessee gets control for a while, the original landowner still holds the underlying interest. It’s more like borrowing, not buying outright.
The Landowner’s Implied Covenants: Four Key Duties
Under section 50 of Act 1036, whenever someone grants you a lease for valuable consideration (meaning, you paid something for it), the law automatically imposes four key promises, whether or not they’re written into the lease agreement:
- The Right to Convey
The landlord is basically assuring you that they have the legal authority to give you the lease in the first place. If someone else co-owns the land or has a bigger interest, they must have agreed to it too. If they fail to get those permissions and the lease falls apart later, the lessee can hold them responsible.
This is the landlord’s way of saying, “I have the legal right to lease this land to you,” and it seeks to protect lessees from entering into agreements with people who act like they own land when they really don’t.
- Quiet Enjoyment
This doesn’t mean the landlord promises peace and quiet in the noise-control sense. Rather, it is a legal promise that no one, including the landlord, their relatives, or a surprise third party will come and disturb your use of the land. It means once the lease is granted, you have the right to enter, use, occupy, and enjoy the land without interruption.
If someone starts showing up claiming rights to the land, or if the landlord later tries to interfere or reclaim possession, they’ve breached this duty. You’re entitled to go to court and demand protection.
- Freedom From Encumbrances
An encumbrance is any hidden burden or legal claim on the land that could affect your right to use it, like a mortgage the landlord hasn’t told you about; a court order freezing the land; or even someone else who already holds part of the interest.
The Land Act says that when someone gives you a lease, they’re promising the land has no hidden problems, or that they’ve told you about any that do exist. If they don’t tell you about an issue and it stops you from using the land properly, they’ve broken the law and you can take action against them.
- Further Assurance
Even after the lease is signed, the landlord is not entirely off the hook. If there’s more to be done to help you secure your interest in the land, say, registering the lease with the Lands Commission or clearing up technical issues, they’re legally required to assist. This duty is called further assurance, and it means the landlord must take any lawful steps necessary to perfect your leasehold interest.
However, the law requires that it must be on the request at the cost of the lessee or tenant. So, while the landlord must cooperate, you’re the one expected to foot the bill for any extra paperwork or follow-up steps. Still, they can’t ignore you or refuse to help just because the lease is already signed.
As implied covenants, these duties exist automatically, even if the lease agreement doesn’t mention them.
Can These Implied Duties be Changed?
Yes, but not completely. Section 50(7) of the Land Act says a lease can change or add to these built-in promises. This means the landlord’s duties can be adjusted, i.e. some reduced, some added. But the law is clear: the landlord cannot remove all of their responsibility. In other words, they can’t write the lease in a way that lets them avoid their basic legal duties.
What Happens When a Landlord Breaches These Duties?
If the landlord breaks any of these built-in promises, the tenant can take legal action. Depending on what happened, you could:
- End the lease and leave, especially if the problem means you can’t use the land.
- Ask for compensation, like getting your money back or being paid for losses.
- Get a court order forcing the landlord to do what they promised, especially if they failed to give proper legal assurance.
The right solution will depend on the situation, but the law is on the tenant’s side if the landlord isn’t honest or responsible.
Conclusion
Despite laws that clearly spell out the duties of landowners, problems in land transactions keep rising. This means buyers, lessees, and tenants must be more diligent than ever before committing their savings. Always seek legal advice before making a move. It is the surest way to secure a safe and lawful purchase.
