Land Development (Protection of Purchasers) Act, 1960 (No. 2)

Land Development (Protection ofPurchasers) Act 2 Act, 1960 ==g----z t ARRANGEMENT OF SECTIONS Section l , Power to cure defective titles. 2. Reopening of past cases. 3. Provisions as to payments. 4. Interpretation, Act 2 THB SECOND ACT OF THE PARLIAMENT OF THE REPUBLIC OF Gl:lANA THE LAND DEVELOPMENT (pROTECflON OF PURCHASERS) ACT, 1960 AN ACf to protect purchasers of land, and their successors, whose titles are found to be defective after a building has been erected on the land. BE IT ENACTED by the President and the National Assembly in this present Parliament assembled as follows; 1. (1) ~ere (a) a person (in thissecaon referred to as ••the purchaser ") has taken a conveyance orland in,a prescribed area at any time after 31st December. 1944 (whether before or after the date on which the area became a pres­ cribed area),:Jnd (b) the purchaser or a person claiming through him has in good faith erected a building on. the land. and (e) proceedings are brought to obtain a possession order in relation to the cnd on the ground that a person other 2 Land Development(Piotecfion 01Purcltasers) ACl, 1!160 Act 2 than the purchaser or a person claiming through him is entitled to the land, the court, where it considers that if this Act had not been pl\$led the possession order would fall to be made by reason that the con­ veyance taken by the purchaser did not operate to confer 0.0 rum the title to the land, but that to make the order would cause hard­ ship and injustice to the person against whom it would fall to be made. may, instead of making the possession order, make an order providing that the conveyance taken by the purchaser shall be deemed for all purposes to have operated to confer on rum the title to the land. (2) Where an order is made under the preceding subsection and the court considers that tbe order would by itself cause hard­ ship and injustice to any person, the court may make a further order requiring the person in whose favour the order under the preceding subsection is. made to pay to that person a sum of money by way of compensation: Provided tbat the aggregate of any sums ordered to be paid under thi't> subsection shall not exceed an amount equal to twice the value of the land at the date of the purported conveyance to the purchaser. (3) The court may exercise the powers conferred by this section in any proceedings notwithstanding that the proceedings were instituted before the commencement of this Act, and, in proceedings on appeal, notwithstanding that the deuision appealed against was given before the commencement thereof. 2. (l) Where- Reopening (a) a person (in this section referred to as" the purchaser") ~~~t took a conveyance of land in a prescribed area at some time after 31st December. 1944 and before the dl'lte on which the area became a prescribed area, and (b) the purchaser, or a person claiming through him, in good faith erected a building on the land, and (e) a possession order was made in relation to the land in pUJU:Cwngll finally disposed of before the date on which the area became a prescribed area, and was $0 made by reason that the conveyance taken by the purchaser did not operate to confer on him the title to the land, the person against whom the possession order was made may, at any time within twelve months after Ijhe date on which the area became a prescribed area, apply to the Joligb Court for an order under this section. 3 Act 2 Land Development (Protection of Purchasers) Act, 1960 (2) If the court considers that the making of the possession order caused hardship and injustice to the person against Whom it wasmade, the court may make an order 'setting aside the possession order and providing that the conveyance taken by the purchaser shall be deemed for all purposes to have operated to confer on him the title to the land: Provided that an order under this subsection shall not be taken to render unlawful anything done in the period before the making of the order or to found a claim for mesne profits or other compensation in respect of occupation during that period. (3) Where all order is made under the preceding ~ulJ~tivu and the court considers that the order would by itself cause hardship and injustice to any person, the court may make a further order requiring the person in whose favour the order under the preceding subsection is made to pay to that person a sum of money by way of compensation: Provided that the aggregate of any sums ordered to be paid under this subsection shall not exceed an amount equal to the aggregate of (0) twice the value of the land at th'" dllt!' of the Pllrpoctl".d conveyance to the purchaser; and (b) the value at the date when the order under this subsection is made of any improvements carried out on the land since the making of the possession order. (") Where an order is made under subsection (2) at this section and it is proved (a) that a lease or other right to the occupation of the land was granted by a person who, by virtue of the order, is to be taken to have had no ri~ht to make the grant, and (b) that the said person or his successor received a payment in respect of the grant by way of premium, rent in advance or otherwise which was wholly or partly attributable to .my period after the making of the order, the court may make a further order requiring the person against whom the order under subsection (2) of this section is made to refund to the person who made the said payment or his successor the smount of the payment or the part thereof attributable: (Q the said period, as may be appropriate. (5) The court shall not make an order under subsection (2) of this section if, after the making of the possession order, the larid wasconveyed to a person who took in good faith and for a valuable consideratlon, but in lieu thereof the court may make an order 4