An Overview of Ghana’s Land Tenure System

By Dansooa Siaw-Misa

What is a Land Tenure System?

A land tenure is a system of rules that define the ways in which property rights to land are allocated, transferred, used or managed in a particular society. 

Different jurisdictions have different land tenure systems based on the way the rights to land and real estate assets have evolved. 

Types of Land In Ghana

State Land

Land held by the state on behalf of the people of Ghana. This includes areas such as Airport, Cantonments, Ridge and portions of Labone. 

This also includes areas managed by state institutions such as the Tema Development Corporation and the State Housing Corporation. 

Lease/Sublease

Some lands are owned as families, who obtained the right to ownership by virtue of being the earliest settlers within an area. 

Family land areas in Accra include areas such as Labadi, Tse Ado, Abokobi and parts of Tesano and Dzorwulu

Stool/Skin Land

Similar to family land, stool/skin land is governed by a traditional authority on behalf of the inhabitants of that community. 

The chief in this instance is the custodian of the land and usually manages it in consultation with the principal elders of the traditional authority. 

What System of Tenure Applies in Ghana?

Freehold: An interest in land that lasts forever. Usually held by the state, school/skin or a family.

Leasehold: An interest in land which lasts for a limited period.

Sublease/underlease: An interest in land which lasts for a limited period and is derived from a leasehold interest.

*Non-Ghanaians are only entitled to a leasehold or sublease interest for up to a maximum period of 50 years. 

How are Property Rights Transferred?

It is important to note that an individual, the stool or the state can only transfer what they have, or part of what they have. 

The document which contains the nature of the rights being transferred is known as a “Deed” (commonly referred to as an Indenture).

A deed can take the following forms: 

1. Assignment
2. Lease or Sublease Agreement
3. Vesting Assent

Transferring Property Rights

Assignment

This is where an individual transfers all the rights that they hold over a particular property to another person. 

Where the land is transferred by Assignment, the purchaser acquires all the rights and obligations that were previously held by the seller.

Lease/Sublease

This is where an individual transfers part of the rights he/she holds over a particular property to another person. 

Where the seller is not the Head Lessor (holder of the freehold interest) he/she will be still bound by the obligations of the Head Lease

Vesting Assent

This is used for transferring interest in land previously owned by someone who is now deceased. 

A Vesting Assent will always be supported by a Probate from the Court and where the individual dies, a will. 

Do you have questions about Ghana’s land tenure system? Get in touch with us at info@seso.global