Land ownership is an important aspect of Ghanaian culture and economy. However, there are various types of land ownership that must be understood before one can acquire a land in Ghana. This article will discuss the different types of land ownership in Ghana, including their characteristics and relevant laws.
State Land
State land refers to land that is owned by the government and can be used for public purposes such as the construction of schools, hospitals, and other infrastructure. The use of state land is governed by statutory laws, which are codified in the Constitution of Ghana and various other legislation.
The process of acquiring state land involves negotiating with the relevant government agencies. The agencies may impose conditions on the use of the land, such as requiring that it be used for a specific purpose or that it cannot be sold or transferred without their consent. These conditions must be adhered to by the purchaser of the land.
The statutory laws that govern the use of state land include the Constitution of Ghana, the Land Act, 2020 (Act 1036), the Land Use and Spatial Planning Act, 2016 (Act 925), and various other legislation. These laws provide a clear framework for the acquisition and use of state land.
Stool Land
Stool land is a type of land ownership in Ghana that is owned by traditional authorities or chiefs who hold the land in trust for their respective communities. The term “stool” refers to the traditional throne or seat of the chief. According to customary law, the chief is the custodian of the land and is responsible for allocating land to members of the community for use.
The legal basis for stool land ownership is governed by customary law, which is recognized by the Constitution of Ghana. Article 11(1) of the Constitution states that “customary law is part of the law of Ghana”. In addition, the Land Act, 2020 (Act 1036) recognizes the ownership of stool land by traditional authorities.The process of acquiring stool land usually involves negotiating with the traditional authorities or chiefs. The traditional authorities may impose conditions on the use of the land, such as requiring that it be used for a specific purpose or that it cannot be sold or transferred without their consent. These conditions must be adhered to by the purchaser of the land.
Family Land
Family land refers to land that is owned by a particular family or group of families.The ownership of family land is determined by the family elders, who are responsible for the management and use of the land.The use of family land is usually governed by customary laws and is passed down from generation to generation.
Family lands are subject to customary laws, which may vary across different ethnic groups in Ghana.
The process of acquiring family land involves negotiating with the family elders. The elders may impose conditions on the use of the land, such as requiring that it be used for a specific purpose or that it cannot be sold or transferred without their consent. These conditions must be adhered to by the purchaser of the land.
Additionally, the buyer should ensure that the land is free from any encumbrances, such as mortgages or liens and request all necessary land ownership documents and documented consent from the family is obtained.
Customary Land
Customary land is a type of land ownership in Ghana that is owned by communities and is governed by customary laws. Customary lands are often used for agricultural purposes and can be leased for a specified period. Customary landowners do not have title to the land, but they have the right to use and control the land.
When leasing customary land, the buyer should ensure that all necessary agreements are in place, including the duration of the lease, the rental fees, and any restrictions on the use of the land. Additionally, the buyer should be aware of any customary laws governing the use of the land.
Private Land
Private land is a type of land ownership in Ghana that is owned by individuals or corporations. Private lands can be bought and sold freely on the open market, subject to legal and regulatory requirements. The sale of private land is governed by the Ghana Land Commission, which oversees land registration and title transfers.
When purchasing private land, the buyer should conduct due diligence to ensure that the land is free from any encumbrances, such as mortgages or liens. Additionally, the buyer should ensure that all necessary documents, including the certificate of ownership and the land title certificate, are obtained.
P.S. Foreigners interested in buying property in Ghana can choose any of these five types of land and must prepare a 50-year lease document with the vendor. The Lands Commission will authenticate and process the document with the non-Ghanaian purchaser’s identity, such as a passport. The Land Act restricts foreigners to leaseholds of no more than fifty years.