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It is a broad principle of property law that, if something has gone on for a long time without objection, whether it be using a right of way or occupying land to which one has no title, the law will eventually recognise the fact and give the person doing it the legal right to continue. [citation needed] It is known in case law as "customary ...
Customary land is land held under customary land tenure and the enjoyment of some use of land that arises through customary, unwritten practice rather than through written codified law. [1] It is the tenure usually associated with indigenous communities and administered in accordance with their customs, as opposed to statutory tenure usually ...
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law.
While Ghana's constitution discusses the statutory aspects of property ownership, it also specifies that land disputes brought to court are decided under statutory laws even if the issue concerns customary property rules. [2] This means that while customary law functions on its own, statutory laws must be adhered to within the customary framework.
History of English land law – Law of real property in England; Homestead principle – Legal principle regarding unclaimed natural resources; Land (economics) – Use of land as capital for production; Land administration – way in which the rules of Land tenure are applied and made operational
Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England.The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant, rather than the actual land deed itself.
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property . [ 1 ]
On the one hand, we have statute law, English common law and equity, on the other, custom and usage and the principles of customary law which governs the holding of matai titles and customary land—each legal system has its own court." [4] Customary law is also primary for issues of village governance under the Village Fono Act 1990.