Scientect

In Ghana, there are two main types of land tenure: Customary Land and Statutory Land. Customary land is the most common type of land ownership, where land is held by traditional authorities such as chiefs and family heads. Statutory lands have been registered with the Lands Commission and are thus subject to statutory laws. The specific process for acquiring land will depend on the type of land you wish to purchase.

Acquiring customary land:

1. Most traditional authorities have established a dedicated office or representative responsible for selling lands. You can visit their office, or you may approach the designated person, such as the chief or family head, who have customary rights over the land.

2. Please ensure that you verify the identity of the land owner and seller in the presence of at least two credible witnesses before proceeding.

3. If land is available at your preferred area, the customary landowner or their representative, along with a licensed surveyor, will visit the land with you.  It is important that you have your own independent surveyor when visiting the land. Further, at least two witnesses (one independent individual/ lawyer), must be present during the inspection.

4. During the inspection, verify the land’s boundaries, ensure it is free from encroachment, and confirm its suitability for your intended use (e.g., residential, commercial, agricultural).

5. Once satisfied with the location and terms, negotiate the purchase price. A portion of the land will be measured, and concrete boundary markers, often marked with your initials, will be erected. This physical demarcation is very important in customary land transactions.

6. Please make sure you obtain a receipt for the sale and ensure that a record is made by the seller in the traditional archive of the traditional authority with customary rights over the land. The receipt must confirm the full purchase price, boundaries of the land, the terms and conditions of sale, and any restrictions, names, and signatures of the seller and all witnesses.

7. In some cases, customary rites may need to be performed to finalise the land transaction. If the land was a farming land or previously used by others, you may have to compensate the farmers to avoid any disputes.

8. It is important to note that customary land is sold as a leasehold for a period of 90 to 100 years or 50 years for foreign nationals. It is important that you understand the implications of leasehold ownership before making the purchase.

9. Once the transaction has been made, the new owner can then register the land at the Lands Commission. This is important as it provides a stronger security of tenure and legal protection against any disputes. Unfortunately, many customary land owners fail to follow up with this important step.

10. Depending on the intended use of the land, you may need to obtain permits and approvals from relevant authorities such as the local planning authority, environmental protection agency, and water resources commission.

11. The above process must be followed if the new owner decides to sell the land. They must also seek the approval of the traditional authorities, who hold allodial title, before reselling the land.

Acquiring statutory land:

1. The sale of statutory lands (including State lands, Vested lands, and Registered private lands) is typically facilitated by licensed real estate companies, lawyers, and individuals.

2. Thoroughly investigate the land’s ownership and history before making a purchase. This includes verifying the seller’s identity and authority to sell the land, checking for any existing encumbrances (such as mortgages or liens), and ensuring that the land is not subject to any disputes or claims.

3. With the assistance of a lawyer, conduct a thorough search at the Lands Registry. This will reveal the current owner and any existing encumbrances on the land. Further, the lawyer will conduct a search at the courts to ensure there is no ongoing litigation.

4. It is advisable to seek legal counsel from the onset to ensure that the transaction is conducted in accordance with the relevant laws and regulations.

5. The lawyer/ law firm must conduct a thorough environmental search of the land and provide you with a report confirming whether there are any environmental issues such as flooding, landslide, or land/water contamination.

6. Once the transaction is complete, it is crucial to register the land with the Lands Commission. This provides legal protection for the new owner and ensures that the transaction is recognised by the state.

7. The transfer of ownership is then formalised through a legally binding deed. This document should clearly outline the terms of the sale, including the purchase price, boundaries of the land, and any conditions or restrictions (freehold versus leasehold, residential versus commercial use).

8. Again, depending on the intended use of the land, you may need to obtain permits and approvals from relevant authorities such as the local planning authority, environmental protection agency, and water resources commission.

Acquiring land in Ghana requires careful planning and adherence to legal procedures. By conducting thorough due diligence, obtaining necessary approvals, and executing a valid deed, you can ensure a secure and successful land transaction. It is always recommended to seek professional legal advice to navigate the complexities of land acquisition in Ghana.