As Ghana’s urban centres continue to expand and demand for land intensifies, legal experts are urging prospective buyers to tread carefully to avoid the rising wave of land disputes that have plagued communities across the country.
Speaking on Joy FM’s Super Morning Show, private legal practitioner John Asaayure Akazee, outlined the crucial steps every individual must follow when acquiring land in Ghana. He emphasised that due diligence remains the foremost safeguard against fraud and litigation.
Establishing Ownership
“The first thing you need to do is ascertain the owner of the land,” Akazee advised. “Secondly, you must find out the person’s interest in the land, and then determine what interest you are actually getting. Finally, you must establish whether the person selling has the legal capacity to sell.”
He explained that identifying the rightful owner involves understanding the nature of the land, whether it is stool land, family land, or land owned by an individual. In Ghana, land ownership varies considerably depending on traditional and statutory systems.
“If it’s stool land, there are specific requirements for who can sell the land,” he said. “The occupant of the stool, usually the chief, must sign the documents along with some principal elders of the stool for the transaction to be valid.”
Without these signatures, he clarified, the sale would be void and have no legal effect.
“In the case of family land,” he continued, “you need both the head of family and some principal members to sign. If only the head of family sells the land, the transaction is voidable, meaning other family members can go to court to set it aside.”
The Role of Spousal Consent
Akazee also cautioned buyers dealing with individuals to be thorough. “If you are buying from a person who claims to own the land, you may want to ask whether the seller is married,” he said.
He explained that under Ghanaian law, a spouse’s written consent is required when selling property acquired during marriage. “Anything acquired before the marriage is excluded,” he added. “But if the property was acquired while married, the seller must obtain written consent from their spouse — otherwise, the transaction can later be challenged in court.”
This requirement, the lawyer noted, protects marital property and prevents one spouse from secretly disposing of assets that may form part of joint matrimonial property.
Understanding the Nature of Interest
Beyond verifying ownership, Akazee urged buyers to clarify the type of interest being transferred. “If you are buying stool land, remember that the stool holds the allodial title that is, the highest form of ownership,” he said.
When granted land by a stool, buyers typically receive leasehold interests, often lasting up to 99 years for Ghanaian citizens. Non-citizens, however, are limited to 50-year leaseholds under Ghana’s land laws.
He warned that buyers must assess what remains of the seller’s original lease. “If a person bought land from a family or stool for 99 years and has already used 20 years, they cannot give you another 99 only the remaining 79 years,” Akazee noted.
Clarity about the lease’s duration, restrictions, or renewal terms should be confirmed in writing before payment or signing of documents.
Capacity to Sell
Capacity, Akazee emphasised, is another cornerstone of a valid land transaction. “You must confirm that the person selling has the authority to do so,” he said.
He explained that sometimes individuals parade themselves as chiefs, head of family, or caretakers when they have no legal authority. “If the chief is alive, a caretaker cannot sell stool land. Similarly, if the head of family is alive, no other person has the right to dispose of family property,” he said.
The processes of installing traditional leaders or selecting heads of family vary across ethnic groups, and buyers must ensure that those presenting themselves as representatives have been validly appointed.
“Without capacity,” Akazee stressed, “the transaction is void. It becomes a contract with no legal effect.”
He added that minors, persons under 18 years of age, cannot legally sell land. Any such transaction would be invalid.
Conducting Due Diligence
These checks, he said, fall under what lawyers refer to as due diligence, a mandatory process that helps buyers verify the legitimacy of a land sale before committing funds.
“Due diligence should ideally be handled by a lawyer,” said Akazee. “The lawyer can conduct the necessary searches, verify documents, and ensure all the people involved have the authority to sell.”
Due diligence includes confirming the ownership structure, validating capacities, and ensuring that no prior transactions or encumbrances affect the land in question. Akazee pointed out that many disputes stem from buyers skipping this crucial stage, often relying on verbal assurances from middlemen or unauthorised agents.
The Role of the Lands Commission
Asked by show host Winston Amoah when a buyer should engage the Lands Commission, Akazee said the commission’s function becomes vital once the buyer has verified ownership and wishes to confirm the official record of the land.
“If the land is in a registerable area such as Accra, you should write to the Lands Commission to conduct a search,” he explained. “The search helps you know what transactions have taken place on that land.”
Through this process, buyers can identify whether the land is stool, family, or private property, and see the name of the rightful owner registered in the Commission’s record. The search may also reveal mortgages, litigation, or prior leases that could affect the property.
“A comprehensive search is always advisable,” he said. “It provides a detailed history of the land, which transactions have taken place, in whose name, and whether the person now selling truly owns it.”
The result, Akazee said, is a verified paper trail that protects the buyer’s investment and ensures a smoother process when registering the land after purchase.
The Legal Path After Purchase
Once all due diligence is completed and the sale is validly executed, the buyer’s next step is registration. Land registration, handled by the Lands Commission, involves submitting the executed documents, including indenture, site plan, and receipts, to ensure the land is formally recorded under the new owner’s name.
Registration offers legal protection against competing claims and facilitates future transfers, developments, or bank financing.
In recent years, the Lands Commission has digitised portions of its operations to streamline the process and reduce human contact points that historically led to corruption or duplication of records. Still, land administration challenges remain, particularly in areas where traditional authorities and statutory systems overlap.
Legal and Practical Implications
Akazee’s practical advice underscores a broader concern across Ghana’s property market. Analysts say growing urban expansion has fuelled competition for land and, in some cases, double sales — where the same parcel is sold to multiple parties.
According to the Ghana Police Service, land-related disputes account for a significant portion of civil cases referred to the courts each year. Legal experts insist that greater public awareness and consistent legal education could reduce the prevalence of such disputes.
“The law provides many safeguards, but buyers often overlook them out of haste or ignorance,” Akazee said. “Acquiring land is one of the biggest investments anyone can make, so it is better to slow down, verify, and do things right.”
His remarks reflect a longstanding legal principle in Ghana’s property market, that ownership is not simply about possession but proof. Without a valid title, consent, and record, even a paid-for plot can become the subject of endless litigation.
A Caution to Prospective Buyers
For first-time buyers, the message is clear: engage credible lawyers, verify traditional and statutory ownership, and avoid shortcuts. Every stage from confirming ownership to verifying a seller’s capacity and registering at the Lands Commission matters.
Land acquisition in Ghana may appear complex, but experts argue that due diligence, guided by legal advice, remains the surest route to peaceful ownership. As Akazee concluded, “If you skip the legal steps, you may end up owning paperwork, not land.”