Legal Notes

When people have issues, and decides to dispute their issues through the court system, the outcome of the dispute is normally documented and reported in the records of the court. The keeping of such records, helps in the speedy and efficient determination of similar issue by the court. This is what is legally termed as […]

WHAT IS CONSTITUTIONAL LAW? Constitutional Law is concerned with the role and powers of the institutions of a state and their relationship with private individuals. In the interpretation of a constitution for instance there is the need apart from the facts for the judiciary to consider the general societal norms and values in any given

The fee simple is the primary interest in land under common law. It is an estate of a potentially unlimited duration as stated in the Walsingham’s case. The court stated that he who has a fee simple in land has a time in that land without end, or the land for time without end. A

The starting point is article 18(1)-the right to own property. Art 20 of the constitution-no property or interest can be compulsorily acquired by the state unless ⦁ The taking or acquisition is necessary in the interest of defense or public purpose in such a manner as to promote public benefit ⦁ The necessity for the

There are two systems of registration operating in Ghana. Registration of deeds or instruments affecting land under Act 122, Lands Registry Act 1962 and registration of title or interest in land under the Land Title Registration Law , PNDCL 152. The system provided for under Act 122 provides for the registration of the written evidence

This is governed by the Limitations Decree, 1972 NRCD 54. The idea of limitations of actions is that the state has decided that litigation must be commenced within a certain time after the accrual of the court of action. Section 10-where the cause of action has accrued in relation to a land matter, the cause

What is Estoppel by acquiescence? The Doctrine of Acquiescence arises in situations of passive encouragement and active encouragement. In Ramsden v. Dyson Lord Cranworth LC explained that if a stranger begins to build on another’s land supposing it to be his own, and the owner, perceiving his mistake, abstain from setting him straight and leave

The lease arises where a person with a larger interest in land or a freehold interest customarily or at common law or a leasehold, cuts out of his or her larger interest and create an interest which does not exhaust all the interest of the transferor, if all the interest of the transferor, is given

Equitable interest are interest not recognized by common law but by the courts of equity. When an interest exist at common law we say that it is a legal interest. Under common law the position of the creation of interest in land was by deed. The statutes of laws. It was important that interests in

Land includes land covered by water, any house, building or structure whatsoever, and any estate, interest or right in, to or over land or water as defined by the interpretation act 1960, ca4. Section 45 of the conveyancing decree-“land” includes land covered by water, any house, building or structure whatsoever, and any interest or right