LAW PILL SERIES

LAND RIGHTS AND MINERAL RIGHTS

Most often Land Rights or Surface Rights and Mineral Rights are distinctively held by two different entities or persons. As such if a person acquires mineral rights from the state that person has an additional responsibility of taking steps to acquire the land or surface right from the person who owns the land above the deposit or has the right to use it. Land or surface rights may be owned by the state, private individuals, families or communities, or a mix of these. The interest in land that may be held in Ghana is provided in Section 1 of the Lands Act, 2020 (Act 1036):

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INTERESTS IN LAND

The following are the interests in land:

a.?????allodial title;

b.?????common law freehold;

c.?????customary law freehold

d.????usufructuary interest;

e.?????leasehold interest; and

f.??????customary tenancy.”

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The holder of mineral rights usually negotiates and execute agreements to acquire land right from private individuals or communities where the land is owned by individuals or communities. If there is a stalemate between the holder of mineral rights and the holder of land rights in the negotiations for the acquisition of the surface right, the state will usually step in to facilitate the negotiation.

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In situations where it is practically impossible for the holder of mineral rights to acquire the surface right from the holder of land rights the state’s, last resort is to expropriate the land. In Ghana, the President may acquire or authorize the occupation and use of land required to secure the development and utilization of mineral resources. This is what is called Compulsory Acquisition. Article 20 of the 1992 Constitution and Sections 233 to 267 of the Land Act have elaborate provisions governing the compulsory acquisition of lands by the state.