Page 2 - JULY NEWSLETTER (2)

Land Acquisition and Registration in Ghana: The
Legal Issues by- Emmanuel Mate-Kole, of Bentsi-
Enchill, Letsa & Ankomah law firm
Ghana’s housing deficit, which is
currently estimated at about 1.7million
units, has had significant impacts on
property development and
accommodation especially in the capital
city of Accra. Government’s inability to
provide social housing and lack of
affordable homes by real estate
developers have led to the
phenomenon of middle-income earners
moving to acquire lands towards
building their own properties.
This development has, however, given
rise to multiple issues of litigation
resulting from land disputes,
encroachment, improper land title
registration procedures and use of land
guards to carry out all manner of
violence in the name of land protection.
In a bid to address some of these issues
arising from land ownership, The
Business and Financial Times’ (B&FT)
Kennedy Aryeetey Tetteh spoke to an
astute lawyer, Emmanuel Mate-Kole, of
Bentsi-Enchill, Letsa & Ankomah law
firm, to understand the position of the
law on land ownership and registration
in Ghana, and also to recommend the
best legal approach in acquiring land in
the country.
B&FT: Who owns land in Ghana? What
does the constitution say about land
ownership/acquisition?
Ans: Lawyer Mate-Kole
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guarantees ownership of land by
individuals either alone or in
association with others.
B&FT: What is the difference
The entities that own land in Ghana
between Leasehold and Freehold
are;
land ownership and how long can
The Stool; an individual own land? What
happens after this period is
The Family;
exhausted?
The Individual; and
Ans:
The State.
Freehold Interest
The Constitution vests all “Public
This is the highest interest in land
Lands” in the state. “Public lands”
in Ghana and runs for an indefinite
are lands which were vested in the
period. It goes with the right of
state before the coming into force of
beneficial occupation of the land
the Constitution on behalf of and in
which may devolve upon
trust for, the people of Ghana for
successors forever. This form of
the public service of Ghana, and any
ownership is normally granted by a
other land acquired in the public
stool or a family. However,
interest, for the purposes of the
Freehold interests are gradually
Government of Ghana.
becoming rare especially in the
The Constitution also vests all “Stool
towns and cities as there rather
Lands” in the appropriate stool in
seems to be a gradual shift towards
accordance with customary law.
the creation of leasehold interests.
Stool land includes any land or
Leasehold Interest
interest in, or right over, any land
controlled by a stool or skin, the This is an interest granted by the
head of a particular community or owner of land to another for a
the captain of a company, for the specified period. The period
benefit of the subjects of that stool. granted may be short as one year
The Administration of Lands Act, or as long as 99 years. Government
1962 (Act 123) has a more expanded lands are granted on leasehold
definition and it adds “clan” to the basis. Recently, the practice has
definition of stool land. been that Government grants land
for a maximum period of 50 years.
The Administration of Lands Act and
Government rarely goes beyond 50
our customary law also recognises
years.
ownership of land by clans or
families. The Constitution Continued on page 4
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