Ghana’s land law is a complex system that is governed by a combination of customary and statutory laws. Understanding the key concepts and principles of land law is essential for anyone who wishes to own or invest in land in Ghana.
One of the key concepts in Ghanaian land law is the distinction between freehold and leasehold tenure. Freehold tenure refers to land ownership in perpetuity, while leasehold tenure refers to a limited period of ownership, usually for a term of 50 to 99 years. Leasehold tenure is commonly used for commercial and residential developments.
Another important concept in Ghanaian land law is the principle of indefeasibility of title. This means that once a land title has been registered, it cannot be challenged or invalidated by any subsequent claim. This principle is essential for promoting land tenure security and protecting the rights of landowners.
The law also recognizes the importance of customary land tenure and seeks to protect the rights of customary landowners. Customary land tenure is a system of land ownership and management that is based on the customs and traditions of the people. Any transaction involving customary land must be conducted with the consent of the customary landowners.
The principle of adverse possession is another important concept in Ghanaian land law. This principle allows a person who has occupied and used a piece of land for a continuous period of 12 years to claim ownership of the land. The principle is designed to promote the efficient use of land and to discourage the hoarding of unused land.
Overall, understanding the key concepts and principles of land law is essential for anyone who wishes to navigate the complex legal framework governing land ownership in Ghana. The law recognizes the importance of customary land tenure and seeks to protect the rights of landowners. It also establishes a transparent and efficient land registration system, which is essential for promoting land tenure security and facilitating investment in the country.