How to Acquire a Land Interest in Ghana: Step-by-Step Legal Guide

Seth Doe 

Assisted by 

Sarah Asante , Philipa Hagan , Ewurama Mongson

HOW TO ACQUIRE A LAND INTEREST IN GHANA. 

We have all heard stories of someone losing land they bought because of land disputes; if not experienced it ourselves. Acquiring landed property in Ghana can effectively be described as a herculean task and is one that is not to be taken lightly. It is a serious legal transaction. The courts have consistently held that the duty to investigate title and authority lies on the purchaser, not the seller. Many people lose land because they pay money before properly enquiring who owns the land, who may lawfully sell it, and whether there are competing interests.

This article details how to acquire land interest in Ghana, step by step and the law as it relates to each step. 

1. IT ALL BEGINS WITH WHO OWNS THE LAND

Under Article 18 of the 1992 Constitution, every person has the right to own property, either individually or jointly with others.

Land in Ghana may be owned in different forms, including individual ownership, joint ownership (including spouses), family ownership, clan ownership, stool or skin ownership, or state ownership

A purchaser must identify the exact nature of ownership, not merely the name of the seller. Failure to do so often results in dealing with persons who lack authority to convey title, which can make the transaction voidable or unenforceable.

Acquiring family land or stool/skin land comes with a separate set of requirements distinct from that required in purchasing individual land. That is why it is important to know the exact nature of ownership. If an individual sells family land without the approval of the family head and principal family members, it matters very little that the individual selling the land is a member of the family. Likewise, a person’s membership of a royal family, does not give him inherent authority to validly transfer ownership of land. 

This leads to the next step.

2. WHAT IS THE NATURE OF THE LAND INTEREST BEING ACQUIRED

Before paying, the purchaser must clearly identify what interest in land is being transferred, because some interests cannot be freely sold.

There are several examples of land interests in Ghana as detailed in the Land Act, 2020 (Act 1036). These are allodial title, customary law freehold or usufruct, common law freehold, leasehold interest and customary tenancy. 

The allodial title is the highest customary interest often held by a stool, clan, or family. It cannot normally be sold outright; only derivative interests such as customary freehold or lease may be granted. 

A customary law freehold on the other hand, is land held under customary law by subjects of a stool, clan, or family and grants a perpetual and inheritable interest that cannot be sold without consent of the stool, clan, or family.

The common law freehold arises from statutory or formal grant. It is freely alienable, subject to registration and statutory compliance. A purchaser must verify root of title and ensure an absence of encumbrances. 

A leasehold interest is typically for a fixed term, which is usually 50 or 99 years. It usually attracts ground rent, covenants and other conditions. 

There are other lesser or equitable interests that may be acquired in a property. These may licenses or tenancies and mat often not be transferable without the consent of the grantor. 

Understanding the type of interest ensures the purchaser does not attempt to acquire something restricted or unalienable.

3. WHAT CATEGORY OF LAND IS IT AND WHO HAS THE AUTHORITY TO SELL?

Earlier, we mentioned the different types of ownership in land. Who has the authority to sell each individual type of ownership. 

1. Stool Lands

Only the chief (occupant of the stool) may alienate stool land. It must be made with the consent and concurrence of the principal elders. A transaction completed without the consent of an elder is voidable. Elders may act timeously to have the transaction voided. 

In the case of Allotey v Abrahams, the court said:

“According to native law and custom, it is only the occupant of the stool or the head of the family who is entitled, with the consent and concurrence of the principal elders, to alienate stool or family land. There can be no valid disposal without their participation. The head of family or chief is the indispensable figure.”

2. Clan lands

Only the clan head may alienate and requires the consent of principal elders. Any transfer without the the clan head’s participation is invalid. 

3. Family Lands

Only the head of family may alienate land and requires the consent of principal members. The head of family acts like a trustee. Therefore, legal title cannot pass without participation the participation of the family head. 

In Agbloe v Sappor (1947) the court stated: “The principal members of a family cannot give any title in a conveyance of family land without the participation of the head of family. The head may be considered analogous to a trustee; legal title cannot pass without his consent.”

Also, in Allottey v Abrahams, the court reaffirmed that the head of family is indispensable in any disposal; consent of some elders may suffice, but the head of family’s participation is essential.

4. State-Owned Lands

These are lands vested in the Republic under Article 257(1) of the Constitution. It is managed and disposed of through the Lands Commission under Article 258 and Sections 4–5 of the Land Act, 2020 (Act 1036). Only the State can grant interests. Thus, unauthorized sales are void. 

5. Individual (Private) Lands

These are lawfully acquired and held personally. A purchaser must verify root of title, as many private titles derive from customary land. 

In the case of land jointly owned by spouses, both spouses must consent in writing before sale, transfer, or mortgage (Land Act, 2020, Act 1036). A Transaction without consent of both spouses is invalid and a purchaser must verify spousal status as part of his due diligence. 

4. CONDUCT OFFICIAL SEARCHES

Before you make any payment for land, a purchaser must conduct searches in the following institutions: 

1. The Lands Commission

The lands commission enables you to determine ownership and registration. 

2. Court

Here you can discover any past cases concerning the land you’re interested in and the holding of the court as to the said ownership of the land. You can also discover any pending disputes surrounding the land. 

Confirm that the land is not subject to:

• Pending court cases
• Injunctions
• Family, clan, or chieftaincy disputes
• Probate or succession proceedings

Purchasing land pendente lite exposes the buyer to the outcome of such disputes.

3. Collateral Registry

Are there any financial encumbrances on the land of which you need to be aware? 

4. Customary Land Secretariat

These are relatively well-structured administrative units at the customary level to oversee the administration of land based on customs and local practices. Customary Land Secretariats keep records of transactions over customary land and issue allocation notes after they have been duly signed by the appropriate Traditional Authorities. They serve as an interface between the landowning

communities and the public land sector agencies (Lands Commission, Forestry Commission, LUSPA, etc.) and provide information about the land-owning community to the public.

5. Land Use and Spatial Planning Authority

This authority is tasked with the planning of the growth and development of villages, towns and cities. They develop zoning and re-zoning schemes. It is important to conduct a search to know the purpose for which the land has been zoned. For instance, if you are purchasing the land for purposes of farming, you cannot use said land if that area has been zoned for residential purposes. 

In Kusi v Bonsu (2010), the court held that any person desirous of acquiring property ought to properly investigate the root of title of the vendor. The defendant failed to seek professional or legal advice, nor did they take the steps of a prudent purchaser; their claim to the property therefore failed.”

5. THE PHYSICAL ASPECT 

After conducting your search in the above-mentioned institutions, you can’t just fold your arms and sleep. No, the battle continues. You must visit the land to identify who is in possession and observe any acts of ownership upon the land. 

Although land ownership must be registered with the Lands Commission, some land owners fail to complete this all-important step. So, a search at the Lands Commission will reveal no competing interest over the land. However, a visit to the land itself may reveal acts of ownership such as farming, construction or deposit of building materials, corner pillars or signposts. 

Thus, in the case of Osumanu v Osumanu, the court charged any intending purchaser to put on inquiry to make such investigations as to title as would enable him to rely on the plea of bona fide purchaser. A failure to make enquiries is at the purchaser’s peril.

8. THE PURCHASE ITSELF AND WHAT COMES AFTER

Your prior due diligence may yield no red flags preventing you from acquiring the desired land. Great news. There are however some important steps you must still complete to come out on the other side of the transaction with a legal binding and enforceable land title. 

The sale must be in writing, duly executed and stamped and registered under the Land Act, 2020 (Act 1036). 

Do not rely on word-of-mouth assurances that the land is indeed yours as that would have no legally binding effect. 

Buying land in Ghana requires answering the fundamental questions, who truly owns the land, what specific interest is being sold, and can it lawfully be transferred?

Whether the land is stool, clan, family, state, individual, or jointly owned by spouses, the purchaser must investigate the ownership, authority to sell, possession, consent, nature of the interest and registration

Failure to conduct proper due diligence exposes the purchaser to loss and legal challenge. The law is clear: land is not bought on trust; it is bought on proof.