In Ghana, customary law plays a big role in how people own and give out land. Customary law is basically the traditional rules and practices that communities have followed for generations, passed down from parents and elders, often by word of mouth.
Even though we now have official laws, like the Land Act, 2020 (Act 1036), these traditional rules are still respected and recognized by the law especially when it comes to land matters.
One common practice is giving land as a gift. Under customary law, this means someone gives land to another person freely, without expecting money or anything in return.
So, what makes a land gift under customary law valid?
What You Need to Make a Proper Land Gift
1. The Right Person Giving the Land (Capacity)
Not just anyone can give land away; they must have the right or authority to do so.
- If it’s land owned by an individual, they can gift it on their own.
- But if it’s land owned by a family or a community (like a stool or skin land), then the leader (like a chief or head of family) must get permission from other key members or elders before giving it out. Example: In the Akunsah v Naa Ashalley Botcway case, the court said a land gift was not valid because the chief didn’t get approval from the elders. So, even though he gave it away, he didn’t have the full authority to do it alone.
2. A Clear Intention to Give the Land Away (Intention)
The person giving the land must truly mean it. They should want to permanently hand over ownership, not just let someone use it for a while or borrow it.
Example: In the Sese v Sese case, a man gave land to his son just to help him get a loan, but he still collected rent from it himself. The court said this wasn’t a real gift. He never meant to let go of the land for good.
Also, the giver must be in the right state of mind; they need to fully understand what they’re doing.
3. Everyone Should Know About It (Publicity)
No secret deals. A proper land gift must be public, others (like family members, elders, or neighbors) should know about it.
Why? Because if no one knows, someone can later say, “That never happened!” Publicity helps prevent confusion and disputes.
4. The Receiver Must Say “Thank You” (Acceptance)
The person receiving the land must accept it and show gratitude. This part is super important and is called “aseda” in many communities.
Ways to show acceptance include:
- Giving a sheep or drinks to the donor
- Saying thank you in front of elders
- Taking possession of the land
Every community has its own way, but the key idea is to show appreciation and agreement.
What Happens After the Gift?
Once all four steps above are done, the land gift is considered complete and valid under customary law even if nothing is written down.
If you later decide to write it up in a document, that’s fine, but it doesn’t change the fact that it’s a customary gift. The real date that matters is the day the gift was made, not the day it was written.
Important Note: Most land gifts under customary law are final, i.e. they can’t be taken back.
But there’s one exception:
- If a parent gives land to a child, or a guardian gives land to a ward, they can later revoke the gift (even in their will or before passing away).
Final Thoughts
Customary land gifts may sound simple, but they follow deep traditions and rules that have stood the test of time. If you’re planning to give or receive land as a gift in Ghana, knowing these basics helps you avoid trouble and keep everything clear and fair.
