Terminology for Interests in Land

The proper terminology for land interests in Ghana remains a subject of debate. As seen from Wiapa v. Solmon, many parties (stools, sub-stools, families and individuals) can have simultaneous interests in a single physical parcel of earth. The court in Wiapa also notes that a stool subject may have to pay a ``toll'' to the stool, but has the right to hunt on stool lands. Unfortunatly there is not a consistent vocabulary used to describe the various rights and responsibilities that parties may have in relation to the land and each other.

Several writers have directly addressed the issue of terminology.^1.8 Ollennu names six basic types of ownership of land in Ghana.^1.9

There is some statutory authority for categorization and terminology for land interests. In 1986 a law providing for registration of interests in land, the Land Title Registration Law, 1986 (P.N.D.C.L. 152) was passed. Section 19 of P.N.D.C.L. 152 lists the types of interests registerable under the law. In textbooks written since the passage of the law, at least two authors have adopted its terminology.^1.10

Following is a general description of the interests listed under P.N.D.C.L. 152.^1.11 There is debate about the incidences of each type of ownership.

Allodial Title:

This is the highest form of ownership. Most often a corporate body such as stool or a family will own this interest.

Customary Freehold:

This is the type of ownership which a stool or family member acquires after settling on vacant land held by the group. This is also commonly called the ``usufruct.''

Leasehold Interests and Lesser Interests:

The law does not spell out the difference between these two, but customary tenancies such as abusa and abunu are placed in the latter category.

The details of each type of ownership are found in later cases. Generally, to start making sense of cases it is useful to know that references to ``allodial'' title are references to the type of ultimate ownership that a stool or family may possess (although it seems that an individual may possess this type of ownership as well). The terms ``customary freehold'' and ``usufruct'' are used interchangeably to refer to the interest of a subject or family member in land held by a larger group. Other intrests, such as signed, written leases as between a residential landlord and tenant, or customary agricultural tenancies, are subordinate to allodial and customary freehold interests.

The word ``freehold'' is used alone at times -- it is even listed in § 19 of P.N.D.C.L. 152 as a separate type of interest. The word ``freehold'' has a special meaning in British common-law, but it does not always seem to carry the same connotations in Ghana. The word ``fee-simple'' may also be used at times. This word also has a special meaning in British common-law, denoting something like absolute ownership which is commonly held by individuals, but it is probably not a good word to use in Ghana.^1.12

Footnotes

... terminology.^1.8

See, e.g. Kwamena Bentsi-Enchill, Do African Systems of Land Tenure Require a Special Terminology?, 9 J. Afr. L. 114 (1965).

... Ghana.^1.9

OLLENNU, supra note 1 at 6.

... terminology.^1.10

See BERNARD JOAO DA ROCHA, GHANA LAND LAW AND CONVEYANCING, 1-2 (1995); WOODMAN, supra note 4 , chs. 1-2.

... 152.^1.11

See Land Title Registration Law, 1986 (P.N.D.C.L. 152) § 19.

... Ghana.^1.12

See, e.g. Total Oil Products, Ltd. v. Obeng, [1962] 1 G.L.R. 229 (In which the court notes that ``there is no fee simple in customary land tenure'').