Annex 1: General Tenure Typology for Ghana

Types of Land
Tenure General characteristics of Public and Customary Land Tenure
Proportion (100%)
Total Land Area (23,854,000 Hectares) Administration
22
Public 5,247,800
20 Lands Commission: grants leases of
Compulsory Acquisition-powers of eminent domain 4,770,790 state land to applicants and these are
State Land registrable under deeds or title
registration.
Dual Relation- State takes over management- 2
Vested Land Customary owners retain ownership 477,080

Stool and Skin Lands Chiefs, Sub-chiefs and Family Head

78
Lands Commission on behalf of
Customary 18,606,120
Customary Owner
Family Lands

Characteristics of Customary Land Tenure

1. Paramount or Allodial Interest 3. Licence

Purchase by the stool

Gift made to the stool
Appropriation of unoccupied land by pioneers and
hunters of the stool land

Exclusive Possession
Use and Enjoyment § Long and Short Term Licence (sowing tenure/seasonal license)
Acquisition and
§ Heritability
Rights of Holder Right of Alienation § Alienation
Right of Proprietorship in Perpetuity

Right to Residual Proprietary Interest (Reversion)

 2.The Usufructuary Interest or Customary
Freehold 4. Tenancies or Farming User rights

Right of Possession
Use and Enjoyment

Right of Alienation § Security and Quiet Enjoyment,

Rights of Holder § Right of Alienation
Right of Alienation § Heritability

Right to an Action in Trespass

Heritability of the Usufructuary Title

Rights to Compensation

§ Implied grant from a stool

Modes of Prospective stranger-tenant first be introduced to the village or headman
Acquiring § Express grant from a stool
with a customary drink. Generally, either bottle of schnapps or money or
Interest both, an amount offered.

§ Transfer from a stranger or from a subject to

another subject or from a subject to a stranger
§ Where there is failure of successor to whom the
property devolves after death of holder § Where there is adverse claim by the tenants against the landlord.
§ Abandonment § Where there is abandonment.
§ Where there is a breach of term especially where the term is s
Loss of Interest § Adverse claim condition.

§ Breach of term § Where there is a failure of the successor.

§ Forfeiture § When the farm falls into ruin, either by natural causes.
§ By consent of the usufructuary
2
§ Extinction by operation of legislation

2
Multiple Sources: Author (2016); Saravanan et al (2008)

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