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What you need to know before moving to Ghana!

Showing posts with label land disputes Ghana. Show all posts
Showing posts with label land disputes Ghana. Show all posts

How to Avoid Getting Land-Swindled in Ghana: A Practical Due-Diligence Guide for Buyers & Renters

A checklist of must does before purchasing land in Ghana

Buying or leasing land in Ghana can be a great investment — but the market is also known for disputes: multiple sales of the same parcel, forged documents, and claims by chiefs or families after construction has started. If you’re thinking about renting or buying land in Ghana, follow this step-by-step checklist to protect your money, time, and peace of mind.


Quick summary:

  1. Never pay in full up front. Use escrow or a lawyer’s client account.
  2. Get original documents and verify them at the Lands Commission. (Certificate/Title, site plan, indenture/deed). 
  3. Hire a licensed surveyor and a Ghanaian real-estate lawyer to do on-the-ground checks. 
  4. Watch the red flags: multiple sellers, unusually low price, seller won’t produce originals, unclear boundaries. 


Why land disputes happen in Ghana:

Ghana’s land system mixes statutory law and customary ownership (stool/family/skin lands). Chiefs and stools are often custodians of customary land and disputes arise when: (a) customary ownership isn’t clearly recorded; (b) the same parcel is sold multiple times by different parties; (c) documents are forged; or (d) boundaries are unclear. That combination makes careful verification essential. (Modern Ghana)


The must-do step-by-step due-diligence checklist:

1) Get the seller to show original documents (not just photocopies)

Documents you must see: original Land Title Certificate (Certificate of Title) or Indenture/Deed of Assignment, the site/survey plan, receipts for any payments shown on the documents, and any existing lease agreements. If the seller refuses to produce originals, walk away.

2) Do an official search at the Lands Commission (and get a certified true copy)

Take the candidate documents to the regional Lands Commission office where the land is located and request:

  • A consolidated search or land title search,

  • A request for Certified True Copy of the title and any registered instruments, and

  • A certificate search to check encumbrances, mortgages, or caveats.
    The Lands Commission issues services for searches and certified copies — confirm the registered owner and confirm there are no other encumbrances.

3) Physically visit the site — boundary check and neighbor interviews

Walk the plot with a surveyor. Confirm the coordinates on the site plan match physical boundaries. Interview neighbors, caretakers, and watchmen — they often know the land history or earlier disputes. Ask if anyone else claims the land. 

4) Engage a licensed surveyor to prepare/verify the site plan

Only transact after you have an up-to-date plan drawn by a licensed surveyor (with coordinates and a clear boundary). If the seller’s plan is old or unclear, get a new survey and confirm it with Lands Commission records.

5) Confirm “who you’re dealing with” — legal identity & authority

If a chief, family head, stool, or company claims to be seller, verify their legal authority:

  • For stool land: deal with the stool head and get a letter or resolution from the traditional council showing consent of principal elders.
  • For family land: ensure the head of family has consent from principal family members and get a sworn affidavit if needed.
  • For corporate sellers: confirm company registration and board resolution authorizing the sale. 

6) Check court records & Traditional Council records for disputes

Search local magistrate and high court records where the land sits (there may be pending suits). Also ask the local Traditional Council whether the land is subject to any chieftaincy or stool disputes. A clean title search + no local disputes is critical. 

7) Use a lawyer for contractual protections — escrow & warranties

Have a qualified Ghanaian real-estate lawyer draft or review:

  • Contract for sale (Deed of Assignment) with clear warranties of title,
  • Escrow arrangement or payment into the lawyer’s client account or bank escrow until documents are verified and the title is transferred,
  • Indemnity clauses requiring seller to compensate buyer if an ownership claim arises,
  • Staged payment schedule tied to verified milestones (e.g., search complete → survey complete → registration).

  • Lawyers can also lodge caveats/charges with Lands Commission to protect your interest while you complete checks. 

8) Register the interest promptly with the Lands Commission

Once you buy, register the lease/transfer immediately. Registration is the main legal protection against later claims: an unregistered interest is much harder to defend. The Lands Commission handles title registration and issuing the Certificate of Title/lease. 

9) Consider title insurance (if available) or extra indemnities

Title insurance is not widespread everywhere in Ghana but commercial title insurance products exist internationally and some local insurers may offer cover or alternatives — ask your lawyer or insurer. If title insurance is not available, negotiate strong indemnities from the seller and lien protections. 


Important documents to request & keep 

  • Original Certificate of Title (or registered lease document) — or a certified true copy from Lands Commission. 
  • Indenture / Deed of Assignment (if sale) and receipts of payments.
  • Official site/survey plan signed by a licensed surveyor.
  • Certified search report from the Lands Commission (consolidated search). 
  • Power of Attorney (if seller’s agent is signing) with proof of the agent’s authority.
  • Resolution/consent from stool/family/traditional council if customary land.
  • Proof of payments of any ground rent / royalties / taxes on the property.


Red flags — walk away or investigate deeper

  • Seller refuses to show original documents
  • Price is too good to be true (below market without explanation). 
  • Multiple people claim ownership or you find multiple sale receipts. 
  • No clear boundary markers, or seller cannot provide a recent survey. 
  • Seller pressures you to pay cash immediately without using escrow or a lawyer. 


If a dispute arises after purchase — immediate steps

  1. Do not demolish or abandon the property. Remain calm and collect all documents.
  2. Contact the lawyer who did the conveyancing; they may file a caveat or injunction.
  3. Apply for urgent injunctive relief at the competent High Court to prevent further interference.
  4. Ask for mediation at the Traditional Council and also file suit if necessary — many disputes are resolved by a mix of customary negotiation and court action. 


Practical protections for renters & short-term users

  • Get a written lease registered where possible, with clear term, rent, and renewal clauses. Article 266 and related rules limit interests for non-citizens — make sure lease term conforms with Ghanaian law for foreigners. 
  • Take photos and GPS coordinates at move-in, keep receipts, and insist on landlord ID and proof of title or authorization to rent.


Final checklist:

  1. See original title/deed + receipts.
  2. Do a Lands Commission consolidated search & get certified true copies. 
  3. Commission a licensed survey and compare to site plan. 
  4. Search court records + check with Traditional Council. 
  5. Use a Ghanaian real-estate lawyer for contract + escrow.
  6. Register the transfer/lease immediately at the Lands Commission. 
  7. Consider title insurance or strong indemnity language. 


Buying or leasing land in Ghana can be rewarding, but the risks are real. Disputes often happen when buyers skip due diligence or trust the wrong seller. The key is to verify documents through the Lands Commission, work with licensed surveyors and lawyers, and never pay in full until ownership is confirmed. Protecting yourself at the start will save you years of legal battles later. 

If you follow the step-by-step checklist above, you’ll minimize risks and secure land in Ghana with confidence and peace of mind. If your traveling to Ghana, make sure you get your eSim.net eSim card first and use Code:(ILOVEGHANA) for 5 % discount. 

You can also check out our list of curated Real Estate Developers to help you on your quest to home building and know that you're in the right hands and not some scammer.