LECTURE 1- LAND 26TH AUGUST 2009 (Mr.

Kwame Gyan)
Blackstone, “Land is a word of a very extensive signification”.
English legal
historian

Ollennu “The term land as understood in customary law has a wider application. It includes the land itself, i.e. the surface soil, things
on the soil, which are enjoyed with it as being part of it by nature, i.e. rivers, streams, lakes, lagoon, creeks, growing trees like
palm and dawadawa trees or things artificially tied to it like buildings and any structure whatsoever. It also includes any
estate, interest or right in, to or over the land or over any of the other things which land denotes,
i.e. right to collect herbs or snails or to hunt on the land”.

Dadzie v. Kokofu ownership of cocoa farms was to be strictly distinguished from ownership of
(1961) 1 GLR 19
  land on which they were situated, and that the successor to the land had no
  authority to claim such farms where these had been made by another person
  under a license from the deceased

The ‘Land’ in any enactment includes any estate, interest or right in, to or over any land or water”.
Interpretation
Act 1960 (C.A. 4)

England’s Law of “Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface,
Property Act, buildings or parts of buildings…(whether the division is horizontal, vertical or made in any other way) and other
corporeal hereditaments; and also a manor, advowson, and a rent and other incorporeal hereditaments and
1925, S. 205 (1) an easement, right, privilege or benefit in, over or derived from land”.

Hereditament rights that are heritable; anything that passes by intestacy

Corporeal physical and tangible characteristics of land

hereditaments

Incorporeal certain intangible rights which may be enjoyed over or in respect of land.
hereditaments
  proprietary rights in the land are classified as land
  easement and mortgage may all be regarded as land
  at common law these included advowsons, annuities, commons,dignities
  franchises, offices, pensions, rents, tithes, and ways
Relationship Between Ownership
of the Surface of Land and
Rights Above and Below the
Surface
Fixtures
chattels’
Tenure
Customary law is defined in
Article 11(3)
Is there any such thing as the
Customary Land Law of Ghana
that we should be studying?
customary law interests in land
are
The Allodial Title
Nature and Location of the
Allodial Title
what entities can hold the
allodial title.
ownership of the surface of land carries with it rights to what is below the surface and
to control of the airspace above. This is expressed in Latin as: “cuius est solum, eius est
usque ad coelum et ad inferos” (meaning whoever owns the soil owns everything up to the
Pountney v. Clayton Kelsen v.
heavens and down to the depths of the earth).
Imperial Tobacco (Bernstein v. Skyviews and General Ltd
comprise that category of material objects which, when physically attached to the
land, are regarded as becoming annexed to the realty. merged with the ‘land’ by reason
of some curious legal metamorphosis
consists of objects which never lose their character as mere personalty, but which retain
their ‘chattel’ status even though placed in some close relationship with realty. Not being
included within the realty, chattels do not automatically pass with conveyances of the land.
hydra-headed body of rules, principles and practices
as “rules of law which are by custom applicable to particular communities in
Ghana”.
Difficult: However, you can be sure that we are able make broad generalisations
after a distillation of rules and principles from the available body of case law,
customary practices and writings of scholars and practitioners in the field.
Allodial title, Customary law freehold, Customary tenancies, Customary licenses
According to Bentsi Enchill it is the only customary title that is not held by a tenant
from a lord, it occupies the apex
customary communities, viz Stools and Families and Individuals. Ada regarding
the salt investors and the structure of the Ada political system, its impact on
land tenure and management. Mr. Martey’s Family at Osu Wem.
STOOLS Akwei v. Awuletey
Kotey v. Asere Stool
SUB-STOOLS Jamestown Stool v. Sempe Stool
CUSTOMARY COMMUNITIES - Azamtilow v. Nayeri
SKINS Saaka v. Dahali
FAMILIES Ameoda v. Pordier
INDIVIDUALS Nyasemhwe v. Afibiyesan
whether or not the allodial Amodu Tijani v. Secretary of Southern Nigeria
title could be transferred to Golightly v. Ashirifi
an individual. Sasraku v. David

specific cases in “Accra” See Golightly v. Ashirifi

area around Kokomlemle, La – Mechanical Lloyd v. Nartey
Onano v. Mensah

Osu – Akwei v. Awuletey Kwami v. Quanor (1959) GLR 269.

Teshie – Mensah v. Ghana Commercial Bank

Accra - Golightly v. Ashirifi

Jamestown – Kotey v. Asere Stool
Jamestown Stool v. Sempe Stool

ALLODIAL