An arrest is one of the most serious authorities the police has been granted by the law, however it is one of the most abused. This article elaborates on what makes an arrest lawful and the rights individuals can exercise when it is not.
An arrest is one of the most serious authorities the police has been granted by the law, however it is one of the most abused. This article elaborates on what makes an arrest lawful and the rights individuals can exercise when it is not.
Once all due diligence has been completed and you are satisfied that the seller has good title and the legal right to sell the land, the next critical stage is the payment of the purchase price. The manner in which payment is made is just as important as the amount paid.
Purchasing land is one of the most significant investments an individual or business can make. […]
A legal interest in land refers to a legally enforceable proprietary relationship recognized by the courts. This relationship confers rights of possession, control, enjoyment, and alienation subject to statutory and customary limitations.
Section 1 of the Land Act, 2020 (Act 1036) classifies interests in land, while Section 82 of Act 1036 codifies enforceable rights attached to land ownership. These provisions reflect Ghana’s plural legal system, where statutory law coexists with customary land tenure.
At the apex of this hierarchy lies the allodial title, which represents the original and ultimate ownership interest from which all derivative interests are created.
Seth Doe Assisted by Sarah Asante , Philipa Hagan , Ewurama Mongson CO-OWNERSHIP OF PROPERTY IN GHANA- […]
Stool and skin lands form the backbone of Ghana’s customary land tenure system. Unlike private ownership, stool and skin lands are communal assets held in trust for the people. The management of these lands, therefore, carries constitutional, statutory, fiduciary, and customary obligations. Chiefs and traditional authorities are not absolute owners. They function as trustees and fiduciaries whose powers are strictly regulated by law.
This article examines the constitutional foundation, statutory framework, customary principles, and judicial authorities governing the management of stool and skin property in Ghana, with particular emphasis on consent requirements, fiduciary accountability, litigation authority, revenue administration, and protection of communal interests.
Family property occupies a central position in Ghana’s customary land tenure system. Unlike individual ownership, family land is communally owned and held for the collective benefit of persons who trace descent from a common ancestor. The management of family property is entrusted to the family head, who acts not as an owner but as a trustee and fiduciary.
Modern Ghanaian land law has transformed the customary role of the family head into a legally regulated institution governed by statutory duties, constitutional accountability, and judicial oversight. The Land Act, 2020 (Act 1036), together with long-established case law, now provides a comprehensive framework for the administration, alienation, accountability, and protection of family property.
Land law concerns itself with immovable property and the legal framework governing ownership, use, transfer, and administration of land. In Ghana, land law is regulated by a pluralistic legal system comprising constitutional provisions, statutory enactments, subsidiary legislation, and existing law, which includes common law, equity, and customary law principles.
Trespass to land is one of the most important torts protecting possession and proprietary interests in Ghana. It serves as a legal mechanism for safeguarding the peaceful occupation of land and preventing unlawful intrusion. Given Ghana’s plural land tenure system, which recognizes customary and statutory interests concurrently, disputes involving trespass are widespread and frequently litigated. Ghanaian courts have consistently affirmed that trespass to land is actionable per se, meaning that once unlawful interference with possession is established, liability arises even where no physical damage is proven. The tort derives authority from common law principles, statutory provisions under the Lands Act, 2020 (Act 1036), and constitutional protections under the 1992 Constitution.
We have all heard stories of someone losing land they bought because of land disputes; if not experienced it ourselves. Acquiring landed property in Ghana can effectively be described as a herculean task and is one that is not to be taken lightly. It is a serious legal transaction. The courts have consistently held that the duty to investigate title and authority lies on the purchaser, not the seller. Many people lose land because they pay money before properly enquiring who owns the land, who may lawfully sell it, and whether there are competing interests.
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