Buying land is a major investment, but many buyers face legal battles over ownership rights in Ghana. Land litigation is a common issue due to unclear land titles, double sales, and fraudulent transactions. Here are key steps to avoid land litigation issues when buying property to ensure a smooth and secure purchase.
1. Conduct a Proper Land Search
Before making any payment, verify the legitimacy of the land. Conduct a land search at the Lands Commission to confirm ownership details and ensure the land isn’t under dispute. Also, check with the Town and Country Planning Department to confirm zoning regulations.
2. Buy from a Reputable Seller or Agency
Avoid middlemen and always deal directly with registered real estate companies, chiefs, or families with legal ownership. If purchasing from an individual, confirm their legal right to sell the land.
3. Demand Proper Land Documents
Ensure the seller provides legal documents such as:
- Land Title Certificate or Deed
- Indenture
- Site Plan with survey details
- Stamped documents from the Lands Commission
These documents help prove the legitimacy of the land and prevent future disputes.
4. Verify Land Ownership with Traditional Authorities
Many lands in Ghana belong to stool lands, families, or government reserves. Cross-check ownership details with traditional leaders, local chiefs, or family heads before proceeding with a purchase.
5. Obtain a Land Title Registration
Once you acquire the land, register it with the Lands Commission to secure ownership legally. This prevents future disputes and ensures that your land is recognized in official records.
6. Get a Licensed Surveyor to Verify Boundaries
A professional surveyor will confirm that the land matches official records and is not encroaching on another property. This step is crucial in avoiding disputes over boundaries.
7. Use a Lawyer for the Transaction
Never finalize a land purchase without legal guidance. A real estate lawyer will verify documents, draft agreements, and ensure that the transaction is legally binding.
8. Avoid Buying Land in Disputed Areas
Some lands are known for ownership conflicts. Research the history of the land and avoid locations with ongoing legal battles, multiple claimants, or missing land documents.
9. Get a Court-Stamped Agreement
If buying from individuals or families, sign a detailed sale agreement in the presence of a lawyer and have it stamped at the court. This document protects your rights in case of future disputes.
10. Ensure Full Payment & Proper Documentation
Always get receipts and agreements signed by all parties involved in the sale. Avoid verbal agreements or incomplete payments, as these can lead to future complications.
Final Thoughts
Land litigation can be costly and time-consuming. By following these steps—conducting land searches, verifying ownership, working with legal professionals, and ensuring proper documentation—you can avoid legal disputes and secure your investment with confidence.
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