We currently don't sell land - but we can assist qualified buyers to acquire one, litigation-free. To use our flexible repayment construction services, you need to come with your own litigation-free and/or unencumbered land. Land acquisition is serious business, and must not be taken lightly.
Before beginning your search for land to buy in Ghana, and to avoid potential land litigation issues, it is important to understand the laws surrounding land acquisition and purchase; especially the law on who owns land in Ghana. The first thing to know is this, no one individual owns land in Ghana! All lands belong to the state, traditional authorities and families and clans. Lands owned by individuals and private entities are simply leaseholds lasting 50 years for expatriates and 99 years for citizens (it’s a 50 to a 70-year ratio where commercial property is involved). Purchasing land in Ghana without adequate information can be disastrous for you.
It is important that you arm yourself with the detailed information provided below. If you're time-poor or luck the capacity to navigate land acquisition process in Ghana, invest in the services of a qualified surveyor or land professional - parting with few cedis is better than being mired in unending litigation battle.
It is sensible that you investigate the ownership and documents attached to the land you intend to buy before doing so - You can't use our services until you have demonstrated incontrovertible ownership of the land the project is expected to sit on.
THE LAND BUYING PROCESS
Once you’ve become familiar with Ghana’s land laws, ready to make that purchase, and you've found just the land you’re after and for the right price too. The next steps are to perform due diligence, make payments and claim ownership to avoid any land litigation issues.
Due Diligence
Due diligence is simply a careful audit you perform on the property you’re interested in. This is to confirm that whoever you’re about to do business with is genuine; that the land they claim to be representing actually exists and that they’re legal representatives.
(i) Conduct Searches
Most people limit themselves with just land commission searches - wrong !!!
The first step in performing your due diligence is to conduct a search at the Lands Commission (for an Indenture) or the Land Title Registry (for a Land Title Certificate). This search helps you track previous and current transactions on the land. This is to ensure that the land you’re interested in isn’t already owned by another person or entity. This simple process will stall any land litigation issues that may arise and save you lots of time and money. Submit the necessary documents (usually a cadastral or site plan) and pay the necessary fees at the Lands Commission.
Additionally, do a court registry search (high court) with jurisdiction over the location of the land
Also do Bank of Ghana Collateral Registry Search to satisfy yourself that the land has not been used as collateral for a loan - unencumbered status.
Earthquake Search - Leave nothing to chance. Find out from the geological survey department whether the land you're considering buying is an earthquake-prone zone or not, on the path of fault-lines.
Flood Search - A simple search with the Ghana Meteorological Service (or even consulting NADMO Data) could give you an idea of the flood-prone status of the land you intend to buy. There are instances where a physical visit to the said land during rainy season could also give you answers.
(ii) Ask the Locals
A rule of thumb when performing your due diligence is to inquire from the people who live close to your interested land. This is to ascertain rightful ownership as well as to gather information on potential issues surrounding the land. It’s especially helpful in figuring out who is responsible for the sale of land in the area. It’s also a nice way befriend your future neighbours who might come to your defence in the event of land litigation issues.
(iii) Seek Professional Help
The next step is to seek the services of a real estate lawyer to review all paperwork and ensure everything is in order. It's needless to employ a valuer to determine the value of the land you’re about to buy as that cannot be binding on the seller.
Payments, Transfer of Rights, Registration and Show of Ownership
The best way to pay for land in Ghana is via Bank Transfer (including bank cheque drawn on the seller's name). You should avoid direct cash payments at all costs as these can easily open you up to fraudsters who will present you with seemingly genuine receipts. Before you pay, draft a purchase and transfer agreement endorsed by you, the seller and witnesses from both sides. You must register your interest with the Lands Commission once the land rights are transferred to you.
It is important that you show some form of possession to avoid encroachers and to announce that the land has a new owner. You can do this by fencing your demarcated property and visiting the property regularly. You can also consider the services of a caretaker, although this is a risky venture - Beware of Squatter's Rights.
Registering your land reduces litigation issues and renders your documents admissible in court.
ADDITIONAL LAND ACQUISITION EDUCATION RESOURCES
- Essential Themes in Land Law in Ghana Part I
- Essential Themes in Land Law in Ghana Part II
- Essential Themes in Land Law Book Launch
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