Ghana is blessed with diverse landforms, and acquiring land here
involves specific procedures to ensure a smooth process. Proper registration
with relevant agencies is crucial to avoid future disputes or forfeiture.
The government provides a legal and regulatory framework for land
administration, ensuring transparency, accountability, and security in land
transactions. There are four categories of land ownership in Ghana, governed by
customary practices and legislation:
- Individual/Private
Lands: Owned
by individuals and private entities.
- Stool/Skin
Lands: Under
the custodianship of chiefs.
- Family
Lands: Managed
by family heads with principal family members.
- State
and Stool Vested Lands: Managed by the Lands
Commission.
Land lease periods differ; 50 years for foreigners and 99 years
for Ghanaians, whether for industrial, investment, or residential purposes.
Procedures to Acquire and Register Land
General Guidelines
- Identify
the Rightful Owner: Verify ownership through official searches and
document checks.
- Engage
a Licensed Surveyor: Use a registered surveyor to ensure accurate land
surveys.
Registration Procedures
A) Individual/Private Lands
- Negotiate
with the Owner: Create
three copies of the indenture with site plans, certified by surveyors.
- Legal
Endorsement: A
solicitor of the Supreme Court must endorse the indenture.
- Submit
Documents: Send
to the Lands Commission, pay fees, and obtain a Tax Clearance Certificate.
- Register: Complete
registration at the Deeds Registry for the Title Deed.
B) Stool/Skin Lands
- Community
Engagement: Engage
with the community and present investment proposals.
- Create
Indenture: Prepare
three copies, certified by surveyors, and endorsed by a solicitor.
- Submit
and Pay Fees: Submit
to the Lands Commission for processing.
- Obtain
Concurrence: Receive
approval and register at the Deeds Registry.
- Pay
Ground Rent: After
receiving the Title Deed, pay the first year’s ground rent to the lessor.
C) Family Lands
- Negotiate
with Family Heads: Prepare three copies of the indenture, endorsed
by the family.
- Legal
and Surveyor Certification: Ensure a solicitor and
surveyor endorse the documents.
- Submit
and Register: Follow
procedures similar to those for private lands.
D) State and Stool Vested Lands
- Apply
to Lands Commission: If approved, pay fees and prepare documents.
- Execute
Indenture: Signed
by the Chairman of the Lands Commission.
- Register: Complete
registration at the Deeds Registry and pay ground rent.
Lands Commission Divisions
The Lands Commission oversees land acquisition through four
divisions:
- Public
and Vested Land Management Division (PVLMD)
- Land
Title Registration Division (LRD)
- Survey
and Mapping Division (SMD)
- Land
Valuation Division (LVD)
These divisions ensure a seamless land acquisition process when following the required steps.
Challenges of Buying Land in Ghana for
Diaspora Investors
1. Verification of Ownership
- Challenge: Difficulties
in verifying land ownership and dealing with multiple claims.
- Solution: Use technology
for virtual consultations and hire trusted local professionals to conduct
due diligence.
2. Fraud and Scams
- Challenge: Higher risk of
being targeted by scams.
- Solution: Work with
accredited real estate agencies and lawyers. Verify documents with the
Lands Commission.
3. Complex Bureaucracy
- Challenge: Navigating
bureaucratic processes can be time-consuming.
- Solution: Engage a local
legal representative to handle paperwork and follow up on registrations.
4. Communication Barriers
- Challenge: Time zone
differences and lack of in-person communication.
- Solution: Use reliable
communication tools and schedule regular updates with local
representatives.
5. Cultural and Legal Differences
- Challenge: Lack of
understanding of local customs and legal practices.
- Solution: Educate
yourself on local customs and laws. Attend webinars or workshops focused
on Ghanaian real estate.
6. Financial Transfers
- Challenge: Complications
with transferring funds internationally.
- Solution: Use reputable
financial institutions and ensure all transactions are well-documented.
Strategies for Diaspora Investors
- Research and
Networking
- Connect with
other diaspora investors for insights and recommendations.
- Join online
forums or groups focused on investing in Ghana.
- Professional
Guidance
- Hire a local
attorney experienced in land transactions.
- Use reputable
real estate agents and surveyors to verify land details.
- Technological
Tools
- Utilize video
calls for virtual property tours.
- Employ online
platforms to track legal processes and document transfers.
- Due Diligence
- Verify
ownership through official channels and ensure there are no encumbrances.
- Request land
title certificates and cross-check with the Lands Commission.
- Secure Financial
Transactions
- Use traceable
methods for all payments.
- Consider using
escrow services for added security.
- Stay Informed
- Keep abreast of
changes in land laws and regulations in Ghana.
- Attend seminars
or training on property investment in Ghana.
By
leveraging local expertise, staying informed, and using reliable technology,
diaspora investors can effectively navigate the challenges of buying land in
Ghana.