Immovable Properties

Question 1

Definition of Land

Answer 1

Land includes the surface and the air space to a reasonable height where ownership will not be absurd and subsoil to a reasonable height where ownership will not be absurd. Absurditiy is determine by whether a reasonable man can put the airspace or topsoil o use.

Question 2

Distinguishes between reasonable use and abuse of land.

Answer 2

Harrison v Duke of Rutland

Question 3

Owner of surface is also owner of airspace

Answer 3

Keelson v Imperial Tobacco Company

Question 4

Absurdity test or reasonable man’s approach to determine height.

Answer 4

Lord Beinstein of Leigh v. Skyviews Limited

Question 5

Ownership of the subsurface of land to a depth of reasonable use

Answer 5

Cox v Mousley

Question 6

Naturally situated minerals at common law

Answer 6

The landowner owns everything situated on the land, including the unknown, except where a statute provides a dual regime of the ownership of the topsoil and the natural resources.

Question 7

Natural Resources in Ghana

Answer 7

Per article 257 (6), natural resources are vested in the president on behalf of the people of Ghana. It is a nonjusticiable higher order trust that cannot be questioned by a court of law, as held in Adjaye v AG.s

Question 8

Procedural limitation of grant of land

Answer 8

Per article 268, all mining concessions or rights should receive parliamentary approval and also be affirmed in the Rep v. Hight Court ex parte (Exton Cubic case).

Question 9

Dual ownership regime natural resources.

Answer 9

Sec 21 of Land act 2020 provides that the surface right owner can be different from the owner of the natural resource. Sec 72 of the lands and minerals act provides that the permission of the surface right owner is required before mining can be practised in a specific land subject to payment and compensation.

Question 10

Defences to land actions

Answer 10

1. Procedural defence of limitations under Limitations Act 1972. - Saaka v. Dahali, Dugbatey v Bosomprah
2. Estoppel per rem judicaterm - res judicata - Folie v Agya Atta
3. Estoppel by conduct - Nii Maley v East Dadekotopon, sec 26 of evidence act.
4. Estoppel by acquienscence. - Wilmott v Barbar, Debush v Ali
5. Estoppel by standing by - Amefinu v Odarmetey
6. Common law defence of prescription reduced into the Prescription Act.
7. Equity defence of laches and undue delay - Andrew v Hayford, Adu v Atta
8. Equity darling - Sasu v Amuah Sekyi,