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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Interests in land in the customary law of Ghana: a new appraisal
Author:Asante, Samuel K.B.ISNI
Periodical:University of Ghana Law Journal
Geographic term:Ghana
Subjects:customary law
land law
Abstract:The evolution of the scheme of interests in land in Ghana has come full circle. Ownership started as a corporate idea vested in the state, formerly excluding any form of individual interests, but later admitting of individual possessory interest in the form of the usufruct. Under the impact of new conditions, and interaction with English juristic ideas, the usufruct matured into a 'freehold' interest. Now the pronounced involvement of the Government in land appears to spell a reversion to the idea of state ownership and individual usufruct, though the full impact of the new legislation is yet to be felt. In the article first, the traditional scheme of interests in land is outlined; secondly, it analyses the various pressures impinging on the traditional scheme; thirdly, the reaction of the courts to these phenomena are considered and, finally, the increasing involvement of the Central Government in the administration and regulation of land and its impact on the customary scheme of interests in land are briefly adverted to.