ABOUT THE BOOK

This book – LAND LAW: PRINCIPLES, CONVEYANCING & LITIGATION - is unlike any other book on land law in Ghana. It is the first and only book that deals with all the three salient areas of land law; that is to say, the general principles of land law, the art and craft of conveyancing and the rules and procedure for conducting land litigation. It is also the first book to discuss the provisions of the Land Act of 2020 (Act 1036) in detail with respect to all the three areas of land law covered in the book. Commentaries on the law and decided cases are also given to enrich the discussions.  

The book is divided into three sections. Section A is titled “General Overview of Land Law.” It deals with the general principles of land law as known under the laws of Ghana. The principles discussed include interests in land, (for example, allodial title and customary law freehold) stool/skin, clan & family lands, customary land management, public and vested lands, sale and gifts of land, trusts, wills, advancement, joint property of spouses, co-ownership, easements, restrictive covenants and profits á prendre, overriding interests, licences, statutory wayleaves and future interests.

Section B comes under the broad rubric of “Buying Property in Ghana: The Prospects, Potential Problems & Processes to follow.”  It deals with the procedure for buying land. It gives a list of some potential problems people face when buying property and proffers insights into how to avoid such problems. It also discusses all the steps in the conveyancing process; the pre-contract stage, the contract stage and the conveyancing stage depending on whether the subject land is registered or unregistered. The discussions also focus on how to prepare land documents such as leases, subleases, assignments and so forth, as well as stamping and registration of such documents.

Section C is on the broad topic: “Action to Recover Land or Real Estate (Court Case).” It covers the preliminary issues a potential plaintiff must consider before rushing to file a land case in court. These include capacity, venue and proper person to sue or be sued and so on. It also discusses the various reliefs available to parties in land litigation such as declaration of title and recovery of possession. After the reliefs, the section focuses on the possible defences a defendant can put up against a plaintiff’s claims, including estoppel and limitation of action. The section concludes with judgments and how they are enforced through the various execution methods known under law.

This book is highly recommended for lawyers, judges and law students at both the professional law course and LL.B Degree levels. It is also a good reference source for other professionals who handle land issues such as architects, surveyors, planners, land regulators and administrators, real estate owners/practitioners and auctioneers, among others.