Families, chiefs can lease lands for 99 years – High Court judge

Justice Alexander Osei Tutu.png Alexander Osei Tutu is a High Court Judge

Sun, 29 May 2022 Source: www.ghanaweb.com

Foreigners can hold on to leased lands for 50 years

Sir John Wills portions of Achimota forest to family members

Government to declassify portions of Achimota forest

A Justice of High Courts in Ghana and The Gambia, Alexander Osei Tutu, has said that Ghana’s constitution places limitations on the duration a chief or family can give out land titles.

He noted that the constitution permits an individual to hold on to a leased land for a maximum of 99 years while foreigners can hold on to a leased land for a maximum of fifty years. This can be renewed at the end of the period.

“If you’re a foreigner, the maximum interest you can acquire is a lease for 50 years maximum. If you’re a Ghanaian, the maximum interest you can acquire from a stool, skin, clan or family is a lease of 99 years,” he said.

According to him, aside individuals who have the freedom to grant freehold titles or sell lands permanently, families, stools, and skins cannot sell land titles to individuals forever.

“Under our laws, the stool cannot grant freehold title, this is in the constitution; so, if you go to a chief and you say you want a freehold, give me land where there is no limited period, the law does not permit that. A stool cannot give you, a skin cannot give you, a clan cannot give you, and even family.

“Before this law, Act 10 (36) the limitation was only in respect of stools, but now Act 10 (36) Section 9 has extended the prohibition to cover families,” he noted.

He made this known on JoyNews while speaking on essential themes in land law.

He added that these measures were put in place to prevent land grabbing situations by individuals who are touted as rich and powerful in the country.

This comes on the back of a number of controversies surrounding claims of ownership of the Achimota Forest land after the government hinted it was going to declassify the land and make the place an eco-park.

The land was also mentioned in the Will of former Forestry Commission boss, Kwadwo Owusu Afriyie, popularly known as Sir John. He Willed portions of the land he claims to own to some of his family members.

A family with the name Owoo has been mentioned as the original owners of the land which they gave to the government to use as a forest reserve.

Despite reports of the sale of parts of the forest land, the Ministry of Lands and Natural Resources has said that no portions of the land have been sold.

Source: www.ghanaweb.com
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