Co-Owning Property or Land in Ghana: Benefits, Challenges & Legal Insights

Co-Owning Property or Land in Ghana

Owning land or property with others is a common practice in Ghana. People team up to buy land for various reasons – to split costs, keep it in the family, or as a group business investment. But sharing land ownership can come with its own set of challenges. What happens if someone wants to sell their share? Or if one owner passes away? Let’s break down the basics of owning land together in Ghana in a way that’s simple and clear.

Types of Shared Ownership

When two or more people own land together, it’s called co-ownership. This can happen when:

  • People pool money to buy land together.
  • A piece of land is gifted or sold to a group.
  • Someone leaves land to multiple heirs in their will.

In Ghana, co-ownership usually falls into two categories:

1. Joint Tenancy

Think of joint tenancy like sharing one big plate of food. Everyone owns everything together as one group. Some key points:

  • Right of Survivorship: If one owner dies, their share automatically passes to the remaining owners. It doesn’t go to their family or heirs.
  • Unity Rules: For joint tenancy to work, the following must be observed:
    • Unity of Possession: This means all joint owners share equal rights to the whole property. No one can say a specific part of the land belongs only to them.
    • Unity of Interest: All co-owners must have equal rights to the property. This means they own the same share, for the same duration, and with the same type of ownership.
    • Unity of Time: All joint tenants must get their ownership rights at the same time. If one person gets their share later, it can’t be considered joint tenancy.
    • Unity of Title: Each joint tenant’s ownership must come from the same source, like the same document or agreement.

Breaking the unity (like selling your share with the others’ approval, killing another tenant, a partition order by court) ends the joint tenancy and changes the ownership type.

2. Tenancy in Common

This is like everyone having their own plate of food at the same table. Each person owns a distinct share of the land, even if the shares are not equal. Key points:

  • No Right of Survivorship: If one owner dies, their share goes to their heirs, not the co-owners.
  • Owners can sell or pass on their share without the permission of the others.

Ghanaian Law on Co-Ownership

In Ghana, under the Land Act, 2020 (Act 1036), co-owned land is usually treated as tenancy in common. This means:

  • If it’s not clearly stated that the land is jointly owned, the law assumes it’s a tenancy in common.
  • This setup is more flexible than joint tenancy, allowing a person’s share to be passed down to their family.

Resolving Disputes

Disputes can arise when people share land. It’s best to resolve them amicably, but if things get tough, the courts can step in to settle the matter.

Why Tenancy in Common is Favored

Tenancy in common offers more flexibility and prevents complications like:

  • Shares automatically passing to co-owners instead of the original owner’s heirs.
  • Tensions where one co-owner might benefit from another’s death.

Co-owning land in Ghana can be a great way to pool resources, but it’s essential to understand how the law views shared ownership. Whether it’s joint tenancy or tenancy in common, knowing your rights and responsibilities will help you navigate land ownership smoothly.

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