DEFINITION OF LAND

It’s the surface area of the soil. Land includes the part that is
beneath the land, the earth space and the sea or the water space.
 Kelson v Imperial Tobacco
 Lord Bernstein of Leigh v Skyviews and General Limited
 Star Energy Limited v Bocardo
 Poutney v Clayton

INTEREST IN LAND
A person who owns a land has a right to that land and holds
interests.

1. ALLODIAL TITLE/ INTEREST/RIGHT

It is the highest form of interest. This is because it cannot be
extinguished or terminated.

(SECTION 2 OF ACT 1036)

Allodial title can be held by specific people
A. The republic
B. A stool or a skin
C. Clan
D. Family
E. Individual person
Acquisition of allodial title
A. By compulsory acquisition usually by the state
Compulsory acquisition, especially by the state, is when the
government forces someone to sell their property, like land or a
house, even if the owner doesn't want to sell. This is usually
done for public projects like building roads, schools, or
hospitals. The government pays the owner a fair price for the
property, but the owner has no choice but to sell.
B. By conquest
Conquest as a means of acquiring property is when one group
takes control of land or possessions from another group through
force. It's like if someone came into your house and claimed it
as their own without your permission. In history, this has often
happened when one country or group of people invaded another
and claimed their land and belongings as spoils of war.
C. Pioneer discovery and settlement
Pioneer discovery refers to the idea that you can acquire
ownership of land or property by being the first person to find
and claim it. This concept is often associated with the historical
settlement of new territories, where people would explore and
find unclaimed land, then establish their ownership over it by
living on it or using it in some way. It's like finding a hidden
treasure and being able to keep it because you were the first one
to find it.
D. Gift
E. Purchase
Relevant cases for the modes of acquisition
I. Ohemen v Adjei (1956) 2 WALR 279
II. Ngmathi v Adetsai
III. Wiapa (contiguity: another mode of acquisition of allodial
title. NB: it is not statutory)
It is usually among two paramount chiefs who have
lands adjacent to each other with a small portion of land
adjoining which does not belong to a sub chief. The chiefs in
question agree to hand it over to either one of the chiefs. It is
very peaceful.

Features of Allodial title

1. Absolute control of land subject to control of the state
2. Subjects, in the case of interest held by stools and skin, serve
the interest holders.
Baidoo v Osei Bonsu WALR 289
3. Kotei v Asere stool (1961) GLR 492

Ways by which the allodial title may be lost

1. By giving it out as a gift
2. Through sale
3. Through conquest
4. Acquiescence
5. Abandonment
6. Adverse possession (section 10(1) of the limitations Act)

2. USOFRUCT INTEREST (section 5 of Act 1036)

Usofruct simple implies “use of the fruit”. Thus usofruct

interest in land is the use of the fruits of the land. When it comes
to usofruct it is more in the sense of someone coming onto a
land to use a land which belong to someone for a term of years
or the life that person. Thus the usofruct interest in subsidiary to
the allodial title.

Who can acquire a usofruct interest

1. Clans

2. Families

3. Individuals
NOTE: These above mentioned people may be non indigene
people within a society or community.

SECTION 5(1)(a)

The usofruct interest is to the extent that;

1. A subject or member of a stool/skin/family/clan

2. Acquires a land owned by the above institutions who hold

allodial title to that land

3. Where that land is unappropriated

4. And the land has been granted to the usofruct holder by the
allodial title holders expressly

SECTION 5(1)(b)

The usofruct interest may be held by non- indigene or

descendants of non indigenes who have settled within a
community or society for more than 50 years with the
permission of the holders of the allodial title.

SECTION 5(1)©
The usofruct may be acquired through inheritance or alienation.

SECTION 5(2)

The alienation has to be with the written consent of the allodial

owners.

 Nii Amnong Kotey v Asere Stool

 Awuah V Adu Tutu 1987-88 2 GLR 191

 Total Oil Product Ltd v Obeng Manu 1962c1 GLR 228

HOW TO LOOSE THE USOFRUCT TITLE

1. When you deny the allodial title.

Total Oil Product Ltd v Obeng Manu 1962c1 GLR 228

2. Abandonment

3. Where there are no successors Manso v Aboye

4. Compulsory acquisition (Article 20(1)

5. Through judicial sale

6. Failure to perform customary rights

3. CUSTOMARY LAW FREEHOLD INTEREST

4. COMMON LAW FREEHOLD INTEREST