How to Verify Land Ownership in Ghana: A Step-by-Step Guide

Land ownership verification is perhaps the most crucial step when purchasing property in Ghana. With our unique land tenure systems and the unfortunate prevalence of land-related fraud, knowing exactly how to confirm legitimate ownership can save you from heartache and financial loss. This comprehensive guide will walk you through the verification process to ensure your land investment is secure.

Step 1: Preliminary Research on the Property

Before diving into official verification, gather basic information about the property:

• Request the site plan from the seller
• Note the exact location details (region, district, town, and neighborhood)
• Ask for any existing title documents the seller possesses
• Inquire about the type of land ownership (customary, state, or family land)

This preliminary information forms the foundation for your verification journey.

Step 2: Confirm the Land’s History with Local Authorities

For lands under customary ownership (which constitutes about 80% of Ghana’s lands), visit:

• The local traditional council or chief’s palace
• Area elders who know the history of land ownership in the community

This step is particularly important in rural areas and peri-urban zones where customary ownership prevails. The local authorities can confirm whether the seller has legitimate rights to the land and whether there are any historical disputes you should know about.

Step 3: Conduct an Official Search at the Lands Commission

This is the most critical verification step:

1. Visit the Lands Commission office in the region where the land is located
2. Submit a search application form with the site plan attached
3. Pay the required search fee (fees are updated periodically, so confirm current rates)
4. The Commission will check their records for the following:
   • Whether the land is registered, and if so, under whose name
   • Any encumbrances like mortgages, caveats, or court orders
   • Whether the land falls under government acquisition
   • If there are multiple conflicting claims to the same property

The search results usually take 1-2 weeks, though some regional offices now offer expedited services for additional fees.

Step 4: Verify Zoning and Land Use Permissions

Land ownership isn’t sufficient if you can’t use it for your intended purpose:

1. Visit the Town and Country Planning Department or relevant District Assembly
2. Submit the site plan for verification against the area’s planning scheme
3. Confirm that your intended use (residential, commercial, etc.) is permitted in that zone
4. Check for any restrictions that might affect development plans

This step prevents the common scenario where someone purchases land only to discover they cannot build their intended structure on it.

Step 5: Physical Inspection with a Surveyor

Never skip physical verification:

1. Hire a licensed surveyor from the Survey and Mapping Division or a reputable private surveying firm
2. Take the site plan to the actual property
3. The surveyor will confirm whether the boundaries on the plan match the physical markers on the ground
4. Check for any signs of conflicting claims, like multiple boundary markers or existing structures

Many land disputes arise from boundary discrepancies, making this step essential for avoiding future conflicts.

Step 6: Verify Tax Payments and Other Obligations

Ensure the land doesn’t come with outstanding obligations:

1. Check for property rate payment receipts (for developed properties)
2. Verify ground rent payments if it’s a leasehold property
3. Confirm any other statutory payments relevant to the specific property

Taking on land with tax arrears can lead to unexpected costs and complications.

Step 7: Consult with a Land Lawyer

Before finalizing any purchase:

1. Engage a lawyer specializing in real estate and land matters
2. Have them review all documentation gathered
3. The lawyer will identify any red flags or missing elements in the verification process
4. They can also help draft or review the sale agreement to ensure your interests are protected

While this adds to your initial costs, it significantly reduces the risk of expensive legal battles later.

Step 8: Verify the Identity of the Seller

Ensure you’re dealing with the actual owner:

1. Request official identification documents from the seller
2. Cross-reference these details with the information on the title documents
3. For family lands, confirm that all principal family members have consented to the sale
4. For corporate-owned lands, verify the company’s registration and the authority of the person representing it

Identity fraud is common in land scams, making this verification crucial.

Conclusion

Land ownership verification in Ghana requires diligence and patience, but cutting corners can lead to devastating consequences. The process might seem cumbersome, but it’s far less costly than resolving land disputes after purchase. Approach each step methodically and be wary of anyone who discourages thorough verification.

Remember, legitimate sellers will appreciate your thoroughness, as it demonstrates you’re a serious buyer. Those with something to hide will be the ones pushing for hasty transactions.

References

1. Ghana Lands Commission. (2024). Land Title Registration Guidelines. Retrieved from https://www.lc.gov.gh/
2. Obeng-Odoom, F. (2021). “Property in the Commons: Origins and Paradigms of Land Markets in Ghana.” Land Use Policy, 97, 104724.
3. Ministry of Lands and Natural Resources. (2023). National Land Policy (Revised Edition). Accra, Ghana.
4. Ghana Institution of Surveyors. (2024). Standards and Procedures for Land Surveying. Accra, Ghana.