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Easements of land in Ghana

by Eugenia Enyonam Datsomor
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An easement is a legal mechanism that allows a person to use someone else’s land for a specific purpose. In Ghana, easements are governed by the Land Act 2020 (Act 1036), which provides for the creation, use, and termination of easements.

According to Section 281 of the Land Act 2020 (Act 1036), an easement is defined as a right to use another person’s land for a specific purpose, which may include rights of way, drainage, or support easements. Section 157 of the Act requires that the creation of easements should be done in writing and registered with the Land Registrar.

Easements are particularly useful in situations where access to property is limited or where different landowners have to share resources such as drainage or support systems. For example, if a landowner needs to access their property by crossing another person’s land, an easement can give them the legal right to do so without having to seek the landowner’s permission every time. This could save time, effort, and potential conflicts with the landowner.

According to Section 157 of the Land Act 2020 (Act 1036), compensation may be required for the use of the land being easement. This means that the landowner who grants an easement may receive compensation for the use of their land, which could be a reliable source of income.

Furthermore, easements have the potential to reduce conflicts between landowners. By creating a legal agreement that outlines the respective rights and responsibilities of each party, easements provide clarity and structure to land use. This reduces the risk of disputes and misunderstandings between landowners.

Easements are a useful legal mechanism for landowners in Ghana. They offer practical solutions to land-related issues and provide clarity and structure to land use. The Land Act 2020 (Act 1036) provides the legal framework for the creation, use, and termination of easements in Ghana, and it is important for landowners to understand the requirements and terms of the Act to create legally binding agreements.

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