Learn about land title registration, registering your property, avoiding legal pitfalls, and securing your land title. Get a step-by-step guide + expert tips. Read now!
Have you ever bought property in Ghana? You’ll agree that the land title registration process is a hectic experience. However, a clear understanding of the procedure can make it less complicated.
In this post, we share all the necessary information you need to know, the step-by-step process, and real estate tips to overcome the hurdles. Whether you’re a first-time buyer or a seasoned investor, this post will guide you to secure that legal ownership you need.
What is Land Title Registration (and Why Should You Care)?
The land title registration process in Ghana is the formal procedure a buyer goes through to document their land with the Ghana Lands Commission. A successful registration gives you legal proof of ownership, protects your land from disputes, and enhances the property’s market value.
Why Is It Important?
A land title officially identifies you as the legal owner and thus protects your property against disputes and encroachments.
Buyers and investors are more likely to buy registered properties because they have higher market value and are more secure.
You can also use your land title certificate to serve as collateral for mortgages and loans, thus helping you to unlock financial opportunities.
Ghana Property Laws
Since the colonial era, Ghana’s land registration system has seen several changes. Initially governed by customary laws, land administration saw a shift when the Land Registry Act of 1962 Act 122) was introduced.
Recent among these regulations is the Ghana Land Act, 2020 (Act 1036), which seeks to streamline land registration and enhance transparency.
Read Also: The Benefits of Investing in Aburi, Ghana: A Guide for Potential Buyers
Deed vs Title Registration
Ghana practices two forms of land registration—deed and title registration.
1. Deed registration
This explains the registration of a document that indicates a property transfer from one party to another. This document is called a deed and is anything from an indenture, a site plan, a handwritten transaction, or another that a person presents to the Lands Commission to register a piece of land.
Deed Registration allows you to record land transactions but doesn’t guarantee ownership.
Deed registration is compulsory under the laws of Ghana. A document presented for registration must be proved on oath and contain a sufficient description of the land.
2. Land Title
A land title implies the state formally recognises you own a particular parcel of land. A title registration thus confirms your ownership and provides you with a title certificate. This gives you legal backing to use the land or property for your wishes.
Before starting the land title registration process, you must have a certified site plan, a well- prepared and endorsed indenture, and a Stamp of Duty payment. Also called a tax stamp, the state levies this tax to give legal backing to the land documents presented for registration by a client.
Note that Stamp of Duty is a requirement—you can’t register land in Ghana without it.
Read Also: The Unique Real Estate Market in Aburi, Ghana: An in-depth Analysis
of Trends and Opportunities
Types of Land Titles in Ghana
Allodial Titles
- The source of rights granted to persons, like leases or assignments.
- Communal type of lands controlled by chiefs or family heads.
Leasehold Titles
- Customary leaders grant this and give the buyer sole rights for less than 100 years.
- Does not permit the holder to sell it absolutely without the owner’s consent
- Leaseholders are required to pay ground rent to the lessors.
- Ensure check ownership and ground rent payment status
Freehold
- Gives the buyer absolute rights to the land without time limits.
How to Register Land in Ghana–A Step-by-Step Guide
Caution! Before you consider paying for any land in Ghana, do your checks on the seller and
property!
After getting a land:
- Conduct a land title search for the land you wish to register. Visit the regional Lands Commission office to verify the land ownership and check for any disputes
- Secure the Indenture from the previous owner. This is a small booklet with the dates, site plan, possession details (specified names must conform to national ID), and history (indicators of transitions or previous transactions).
It also contains a Covenant, or a contract between the parties which states the terms of the transaction or transfer.
3. With this document, get a licensed surveyor to check and endorse the land, secure a barcode (from the Lands Commission), and issue you a verified site plan.
This step gives you a certified indenture from the licensed surveyor that you can use to process
registration at the Commission.
Note: Do not use the initial indenture given you by the previous owner to process the registration,
just the certified indenture.
4. Submit all required documentation to the Commission to begin the title registration process. These include:
- Proof of identity (National ID, Passport)
- Certified Indenture (site plan) endorsed by Surveyor
- Deed of Assignment, and others
5. Get a Stamp of Duty from the Lands Commission, certified by the High Court. This is important (fees involved).
6. Valuation—Evaluators evaluate the land in question and quantify it for a fee, which you pay at the bank (for the land and any properties on it).
7. The Lands Commission crosschecks all documentation submitted.
8. The Commission publicises notice of registration in the daily newspapers for a month (in case of any public concerns over land).
9. The Commission grants you the Title Certificate to the land.
Costs and Fees Associated with Registering Land
What to Expect
Registration fees vary depending on many factors, including the size of the property, location, the value of the land, and other costs such as stamp duty, which is valued between 0.5% and 1% of the land’s value.
It is advisable to secure the services of an estate agent or legal expert to help you navigate the transactions.
You can also direct all enquiries to the Ghana Lands Commission online portal.
Common Challenges in Land Title Registration and How to
Overcome Them
- Land Disputes—Conflicting ownership claims is a major issue that can derail your registration efforts. You need to do your due diligence right from the onset.
- Use the help of legal experts to conduct thorough title searches, and only proceed with registration when you’re convinced all is safe!
- Beware of Fraudulent Practices—If you’re not vigilant, you could end up with fake land documentation or documents with unfavourable terms.
Be cautious and verify all documents with the Lands Commission. For your peace of mind, work with only licensed professionals.
- Delays in Registration—Expect them. The registration system is indeed more digitalised now, but some bureaucracy persists. Ensure to do regular follow-ups to complete your documentation.
Real Estate Tips for Buyers in Ghana
Do your due diligence before paying for any property!
- Be sure of the seller’s identity and authenticate ownership documents.
- Check with local authorities for zoning policies and permissible use of land.
- Check to ensure there are no hidden interests or unclear terms (explicit or implied) in the indenture.
Save yourself the stress and time—work only with licensed service providers!
- A certified real estate agent can help you navigate transactions.
- Always seek out a licensed surveyor to authenticate site plans.
- Ensure accurate documentation of agreements and records of transactions.
- Ensure there are no hidden obligations like unpaid taxes and ground rents.
- Get familiar with Ghana property laws; they will come in handy during registration processes
- Get insurance against the land; insure against all possible risks.
FAQs About Land Title Registration in Ghana
Q: Is Land Title Registration Mandatory?
A: Land title registration is mandatory because it ensures legal ownership and reduces disputes.
Q: Can Foreigners Own Land in Ghana?
A: Foreigners can own land, but you are limited to leasehold arrangements of up to 50 years.
Q: What Happens if Land Isn’t Registered?
A: Unregistered land lacks legal recognition and is subject to disputes and encroachments.
Conclusion
Registering land in Ghana can indeed be stressful, but it’s a necessary process if you want to be a legally recognised land owner. Strong background checks, comprehensive document preparation, and engaging licensed service providers can make the process easier.
You don’t have to worry about land registration if you’re considering investing in our key project– ONO Aburi. The land is duly registered and takes away the hustle of the problems that come with land acquisition.
Acquiring one or more units of ONO Aburi will bring you peace of mind and comfort, not just because of the quality of the project but also because we took care of the challenges associated with land acquisition and registration.