Right of Way Agreement (Ghana)

A Right of Way Agreement in Ghana governs the relationship between the parties by fixing what each must do.

Ghana's land tenure system is among the most complex in West Africa, reflecting the country's plural legal heritage — customary law, statutory law inherited from British colonial administration, and constitutional provisions. Article 257 of the Constitution of Ghana 1992 vests all public lands in the President on behalf of and in trust for the people of Ghana. Stool lands and skin lands are held by traditional rulers and families under customary tenure, subject to the oversight of the Office of the Administrator of Stool Lands (OASL) established under the Office of the Administrator of Stool Lands Act 1994 (Act 481). The Lands Commission, established by the Lands Commission Act 2008 (Act 767) and operating through its four divisions — the Land Registration Division, the Land Valuation Division, the Survey and Mapping Division, and the Public Vested Land Management Division — administers land transactions in Ghana and maintains the land register.

A Right of Way Agreement in Ghana may be granted in several forms. A permanent right of way creates an easement appurtenant, attaching to the dominant tenement and passing automatically on any subsequent transfer of that land. A temporary right of way grants access for a defined period, after which the right lapses unless renewed. A right of way may be granted for utilities infrastructure — such as the laying of electricity transmission lines by the Electricity Company of Ghana (ECG), the Ghana Grid Company (GRIDCo), or the installation of water pipelines by the Ghana Water Company Limited (GWCL). Agricultural rights of way are common in the Northern, Upper East, Upper West, Volta, and Bono Ahafo regions where farmland access routes cross neighbouring parcels.

The Land Act 2020 (Act 1036) requires that dealings in land, including the creation of easements and access rights, must be evidenced in writing and registered with the Lands Commission to be effective against third parties. Section 1 of the Land Act 2020 (Act 1036) defines the scope of land regulation in Ghana. The Stamp Duty Act 2005 (Act 689) requires that instruments affecting land interests be stamped by the Ghana Revenue Authority (GRA) before presentation for registration. Failure to stamp an instrument makes it inadmissible as evidence in court proceedings before the High Court (Land Division) in Accra or the regional High Courts.

A Right of Way Agreement (Ghana) used in Ghana must clearly identify the dominant tenement (the land benefiting from the right of way), the servient tenement (the land over which the right passes), and the precise route or corridor within the servient tenement over which access is granted. Survey plans prepared by a licensed surveyor accredited by the Survey and Mapping Division of the Lands Commission are essential for accurate identification of the right of way corridor. The Cadastral Survey Section within the Survey and Mapping Division of the Lands Commission maintains cadastral maps and coordinates for land parcels throughout Ghana's ten administrative regions and their districts.

A Right of Way Agreement in Ghana is needed whenever one landowner requires legal access across another person's land and the parties wish to formalise that access in a binding, registrable document under the Land Act 2020 (Act 1036).

A Right of Way Agreement is required when a developer constructing a housing estate or commercial development in Greater Accra, Ashanti, Western, or Central regions needs vehicular access across a neighbouring parcel to reach a public road, and the neighbour is willing to grant that access on agreed terms.

A Right of Way Agreement is needed when a utility company — such as the Electricity Company of Ghana (ECG), GRIDCo, the Ghana Water Company Limited (GWCL), or a telecommunications operator licensed by the National Communications Authority (NCA) — requires a corridor across privately owned land to install and maintain infrastructure.

A Right of Way Agreement is required when a farming family or agricultural cooperative in the Brong-Ahafo, Volta, or Northern regions needs a track or footpath across adjacent stool land or family land to reach their farm plots, and the landowner or customary authority agrees to grant formalised access.

A Right of Way Agreement is needed when a mining company operating under a mining lease granted by the Minerals Commission under the Minerals and Mining Act 2006 (Act 703) requires access across surface land to reach its concession or to construct haulage roads.

A Right of Way Agreement is required when a property is being sold or transferred under a conveyance registered with the Lands Commission and the buyer requires confirmation that existing access routes over neighbouring land are documented and legally protected.

Parties in Ghana should execute a Right of Way Agreement before any construction, excavation, or installation work begins on the right of way corridor. The agreement should be stamped by the Ghana Revenue Authority (GRA) under the Stamp Duty Act 2005 (Act 689) and registered with the Lands Commission to be effective against successors in title.

Parties in Ghana should prepare a Right of Way Agreement (Ghana) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Land Act 2020 (Act 1036), the Lands Commission manages land registration in Ghana. Section 43 of the Land Act 2020 governs leases of stool and skin lands. The Office of the Administrator of Stool Lands (OASL) manages stool land revenue under Article 267 of the Constitution of Ghana 1992. The Land Court (High Court division) adjudicates land disputes. The Stamp Duty Act 2005 (Act 689) imposes duty on property instruments. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A binding Right of Way Agreement in Ghana under the Land Act 2020 (Act 1036) and the Lands Commission Act 2008 (Act 767) must contain the following essential elements.

Parties: Full legal names, addresses, and capacity of the grantor (owner of the servient tenement) and the grantee (owner or occupier of the dominant tenement or the utility/infrastructure beneficiary). Where a party is a company incorporated under the Companies Act 2019 (Act 992), the company registration number issued by the Office of the Registrar of Companies (ORC) must be stated. Where the land is stool land or family land, the customary authority granting the right — such as a chief, family head, or allodial titleholder — must sign in their representative capacity.

Description of the Dominant and Servient Tenements: Precise legal description of both parcels of land, including plot numbers, block numbers, and sheet numbers from the Lands Commission cadastral register, GPS coordinates where available, and reference to any existing Land Title Certificate issued under the Land Title Registration Act 1986 (PNDCL 152) or the Land Act 2020 (Act 1036).

Description of the Right of Way Corridor: An accurate description of the specific strip, track, or corridor within the servient tenement over which the right of way is granted, supported by a survey plan prepared by a licensed surveyor accredited with the Survey and Mapping Division of the Lands Commission. The width, length, and boundaries of the corridor must be specified.

Purpose: A clear statement of the purpose for which the right of way is granted — vehicular access, pedestrian access, utility installation, pipeline routing, or other specified use. The grantee must not use the right of way for any purpose other than the stated purpose.

Duration: Whether the right of way is permanent (creating a registrable easement appurtenant under the Land Act 2020 (Act 1036)) or temporary (fixed-term licence). Permanent rights of way must be registered with the Lands Commission to bind future owners of the servient tenement.

Maintenance Obligations: Allocation of responsibility for maintaining the right of way corridor in a safe and usable condition. Standard practice in Ghana allocates maintenance to the grantee as the party benefiting from the access right, with the grantor retaining the right to inspect.

Compensation: The consideration paid by the grantee to the grantor for the grant of the right of way. For permanent easements, a capital sum is typical. For temporary rights, a periodic licence fee may be agreed. The valuation approach should reference the Land Valuation Division of the Lands Commission for properties in Ghana.

Restrictions: Any limitations on the times, frequency, or manner of use of the right of way — for example, restrictions on heavy vehicle access to protect the grantor's crops, structures, or underground services.

Stamp Duty and Registration: The instrument must be stamped by the Ghana Revenue Authority (GRA) under the Stamp Duty Act 2005 (Act 689) and registered with the Lands Commission under the Land Act 2020 (Act 1036) before it is effective against third parties.

Governing Law and Dispute Resolution: Ghana law governs the agreement. Disputes may be referred to the High Court (Land Division) in Accra or the relevant regional High Court, or to arbitration under the Alternative Dispute Resolution Act 2010 (Act 798) administered by the Ghana Arbitration Centre.

Forms-legal.com provides this Right of Way Agreement template as a starting point for parties in Ghana. Given the complexity of Ghana's land tenure system — encompassing customary freehold, allodial titles, common law freehold, and leasehold interests — parties should seek advice from a solicitor enrolled with the Ghana Bar Association and experienced in land law before executing this agreement.