Immovable Property Law

Notes

Cases
Resources
Introduction to the Law of Immovable Property in Ghana

This note will discuss the nature and scope of the law of immovable property, the sources of law for the law of immovable property, and the meaning of land.

Introduction to Interests in Land

This note will briefly highlight the various interests in land that are recognised under the Land Act, 2020 (Act 1036).

Allodial Interest: Meaning, Incidents, and Holders of Allodial Title

Allodial interest is one of the interests in land recognised under customary law and the Land Act, 2020 (Act 1036). A person who has an allodial interest is said to have the allodial title. This note examines the meaning and nature of the allodial title, the incidents of an allodial title, and the entities that can hold the allodial title.

Allodial Interest: Acquisition and Loss

This note will discuss the various ways an allodial title can be acquired and lost. The ways to be discussed are pioneer discovery and settlement, conquest, purchase, and compulsory acquisition, among others.

Usufructuary Interest: Meaning, Holders, and Incidents of Usufructuary Interest

Usufructuary interest is one of the interests in land recognised under customary law and the Land Act, 2020 (Act 1036). This note examines the nature of usufructuary interest, the entities that can hold it, and its incidents.

Usufructuary Interest: Acquisition

This note will discuss five ways by which a person may acquire a usufruct.

Compulsory Acquisition in Ghana

Discusses compulsory acquisition in Ghana in terms of the concept, pre-requisites for compulsory acquisition and some possible legal issues after compulsory acquisition.

Introduction to Family Land Management

This note provides a brief introduction to family land management. It discusses the meaning of family, family land, common terms used in family land management. The note concludes with a brief outline of what family land management entails.

Appointment and Removal of the Head of the Family

This note discusses the rules and principles that govern the appointment and removal of the head of the family

Nature and Character of Family Land

This note examines the circumstances under which a piece of land would be considered to belong to the family.

Alienation of Family Property

This note discusses the conditions that must be met for a valid alienation of family property

Capacity to Litigate over Family Land

This note examines who can institute a suit for and on behalf of the family for the protection of family property.

Introduction to Stool Land Management

This note will discuss the meaning of a stool and its status as a legal entity or a corporation sole, the meaning of stool land, and entities generally involved in the management of stool lands.

Entities Involved in the Management of Stool Lands

The management of stool lands is not an individual undertaking. It requires the concerted efforts and contributions of several entities, such as the occupant of the stool, stool elders, and bodies such as the Office of the Administrator of Stool Lands, among others. This note will discuss these entities and the ways in which they contribute to the management of stool lands in Ghana.

Alienation of Stool Property

This note will discuss the general rules regarding the alienation of stool property. The note will emphasise that the ideal form of alienation is one executed by the occupant of the stool with the consent and concurrence of his elders and councillors. The note will then discuss edge cases where the occupant of the stool alienates land with a minority of the elders and where the elders alienate land without the involvement of the occupant of the stool.

Customary Tenancies in Ghana

This note examines the concept of customary tenancies as a form of interest in land in Ghana. The note will explore how customary tenancies are defined, created, and terminated.

Co-Ownership

This note examines the concept of co-ownership under land law. It explores the creation of co-ownership, the types of co-ownership and how they arise, their characteristics, and how co-ownership can be determined.

Easement in Ghana

This note discusses the meaning of easement, its characteristics, how it is created, and how it is terminated especially in the Ghanaian context.