Buying A Land Doesn’t Make You An Owner Forever, Do This To Secure Your Land

Land acquisition in Ghana is a critical aspect of real estate and property ownership, often fraught with complexities and legal considerations. Whether you are looking to buy land for personal use, investment, or development, understanding the process and the necessary precautions can help ensure a smooth transaction. This guide delves into the essential steps involved in land acquisition, from conducting thorough land searches to understanding leases and indentures.

Land Search

Conducting a land search is akin to investigating a potential partner before committing to a relationship. Just as you would learn about someone you wish to marry, you must gather information about the land you intend to purchase. The first step is to present your site plan to the Lands Commission, which maintains a comprehensive database of land ownership. By inputting your site plan into their system, you can uncover any existing ownership records related to the land.

For instance, if the search reveals that the land belongs to an individual named Richard Ofori, your inquiry doesn’t end there. It is crucial to visit the location and speak with residents in the area. Ask questions like, “Do you know who owns this land?”

Gathering local insights can provide valuable context and help identify any potential issues. Once you’ve completed your inquiries and returned to the Lands Commission for confirmation that the land indeed belongs to Richard Ofori, you can consider your search complete. It’s important to note that some individuals prefer to conduct land transactions discreetly, which can lead to complications. If possible, discuss your plans with a trusted friend or a land expert who can offer guidance. These professionals often have extensive experience in various locations and can alert you to any potential problems associated with your desired purchase.

Addressing Ownership Disputes

Occasionally, disputes may arise regarding property ownership. For example, if someone purchases land on which you have built a property, and later claims ownership leading to a court case that they win, it can be distressing. In such scenarios, it’s important to understand your rights. If the original seller, Richard Ofori, knowingly sold you disputed land, he could be held liable for misrepresentation. Furthermore, if another party attempts to demolish your property without proper legal authority, this act constitutes vandalism. You have the right to sue for damages, as only a court can issue a demolition order.

Lease

A lease is a formal agreement between a lessor (the seller) and a lessee (the buyer). The lease typically has a specified duration—commonly 50, 75, or 90 years—and is subject to renewal upon expiration. After the lease term ends, the lessee must negotiate with the lessor to extend their rights to the land.

Indenture

An indenture is a crucial document that formalizes the transfer of land ownership, either for a specified term or indefinitely. This agreement outlines the details of the transaction, including the names of both parties (lessor and lessee), the site plan, and the location of the land. If you purchase land but do not receive an indenture, the transaction remains incomplete.

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TYPES OF LAND TRANSACTIONS

1. Deed of Lease: This agreement involves a lessor offering land to a lessee for a predetermined period. Upon expiration, even if either party is no longer alive, their heirs must renegotiate the terms.

2. Deed of Assignment: If a lessee wishes to sell their leased land after occupying it for some time (e.g., 20 years remaining on a 79-year lease), they can assign their remaining lease term to another party. This assignment allows for continued leasing as long as the terms are adhered to.

3. Conveyance: Previously, the term “conveyance” referred to a situation where land was permanently transferred to the lessee. However, recent land laws in Ghana have abolished this concept, meaning such arrangements no longer exist.

Foreigners can own land in Ghana for a maximum period of 50 years, with no possibility of extension beyond that timeframe.

Once you have obtained the site plan and indenture in your name, the next step is to secure a building permit from your municipal assembly. This process involves conducting a permit search, during which officials may request a proposed architectural design for your building. Following this, inspectors will visit your land, and after some time, they will issue the necessary permit. When constructing your building, ensure that it adheres to the architectural plans submitted to the municipal assembly. If you need to make any changes to your plans, consult with the municipal assembly for guidance before proceeding.

This Is What People Miss, Do This To Secure Your Land

This is the most critical part; After buying a land and building on it, you will need to register your interest in the land. The ultimate purpose of that is to obtain a Land Title Certificate. This allows your name to pop up in the Land Commission’s database if a search is doe for that particular land. It is compulsory by law but most people often forget or ignore it once they are done building on the land.

Credit: Mr. Richard Ofori