How to Avoid Land Litigation in Ghana

Here’s an article I co-wrote with Fiifi Kumi-Sakyi for the meQasa.com blog.

This article on how to avoid land litigation issues in Ghana has been broken down into 6 parts for easy navigation. Click on any topic below to get started.

Broadly speaking, there are two categories of lands in Ghana. These are customary and public lands. Customary lands are those owned by traditional authorities (stool in the southern belt of Ghana and skin in the northern belt). Public lands are those either owned by the state or held in trust on behalf of traditional authorities. These lands make up about 20% of all lands in Ghana while the majority, i.e, 80% are customary lands. Public and customary lands are further broken down into four smaller types. These are:

The 1992 constitution of Ghana identifies two types of interest in land ownership. These are:

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.

The best way to pay for land in Ghana is via Bank Transfer. 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.

There are a number of ways to find land to buy in Ghana. The best ones are through:

ByFiifi Kumi-Sakyi (BSc. Land Economy) and Jason Kpodo-Tay.

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