The acquisition of family land in Ghana

This is an examination of the circumstances in which, according to legal authorities, land may become family land in the customary law of Ghana.3 There may occasionally be difficulty in discovering whether the acquisition was by a wider family or by a branch (or segment) of it, since each such smaller group constitutes a “family” for different purposes. Normally, however, the circumstances give a clear answer, and difficulties on this point rarely reach the courts. If, for example, the narrower family lived in a different part of the country, or acted in the transaction through its own head rather than the overall head, or was already regarded by members of the other branches as a separate entity conducting its own affairs, the acquisition will accrue to this smaller family. The only serious difficulties in this respect have occurred when the acquisition was by intestate succession, a means which will not be discussed in detail. Therefore the distinction drawn by Sarbah4 between “ancestral property” and “family property” will not be followed here.