LAND BUYING CHECKLIST IN GHANA: A PRACTICAL DUE DILIGENCE GUIDE FOR SAFE LAND ACQUISITION [PART 1] - AFRICAN CONTINENTAL ENGINEERING & CONSTRUCTION NETWORK

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30Dec’25

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LAND BUYING CHECKLIST IN GHANA: A PRACTICAL DUE DILIGENCE GUIDE FOR SAFE LAND ACQUISITION [PART 1]

 

Land remains one of the most valuable and sought-after assets in Ghana, yet it is also one of the most legally contentious. From first-time homebuyers to seasoned investors and developers, thousands of Ghanaians and diaspora investors enter the land market each year with optimism, only to find themselves trapped in prolonged litigation, multiple ownership claims or outright loss of capital.


But before we go into the substance of today’s discussion, let me remind you that, the Africa Continental Engineering & Construction Network Ltd stands out as one of Ghana’s leading authorities in real estate solutions. From land acquisition, title registration, architectural design, general construction, property development, real estate investment advisory services et cetera, we provide a comprehensive 360ºC service experience.

 

Ready to move from interest to investment? Kindly visit our property page and explore available properties and reach out to our team for a swift professional service delivery. With thousands of serviced litigation-free parcels of land across Accra and key growth corridors, we are uniquely positioned to help you unlock value in residential, commercial and industrial real estate. 

 

Now let me present the first six (6) pre-purchase due diligence checklist items, starting with a brief historical context of land litigation that led to the creation of this series. 

 

Background and Necessity of Due Diligence

Recent judicial statistics and policy disclosures present a sobering reality. Land disputes are reported to constitute over 52% of all cases before Ghanaian courts; making land litigation the single most dominant category of civil cases nationwide according to a report cited on Ghana Business News (Ghana Business News, 2023).


Even more critical is another report cited by Myjoyonline and Legal Ink, (Myjoyonline 2025; Legal Ink, 2024) about estimates made by some senior judges and legal practitioners that, land-related cases account for between 70% and as high as 90% of pending cases, reflecting the depth and persistence of the problem, and what makes it even more regrettable is the fact that, majority of these disputes are largely preventable.


With findings of studies and judicial commentaries linking land litigation to poor due diligence, unauthorized sales, defective roots of title, boundary ambiguities and failure to independently verify ownership before purchase (Judicial Service of Ghana, 2023), these reports confirm one uncomfortable truth that, land litigation in Ghana is not an exception, it is systemic.


In a land market governed by a complex interaction of customary law, statutory law, and evolving land administration systems, assumptions, shortcuts and informal arrangements often carry severe legal consequences. This article is therefore not merely advisory; it is protective. It sets out the critical pre-purchase due diligence steps every land buyer must undertake to reduce exposure to risk, safeguard investment capital and avoid becoming another statistic in Ghana’s congested land litigation system.


Checklist Item 1: Confirm the Nature of the Land

The first and most fundamental step in land acquisition in Ghana is determining the legal nature of the land. Broadly, land in Ghana falls into four categories: stool/skin land, family land, state land and private land, pursuant to Section (2) to (7) of the Land Act 2020, (Act 1036) of the Republic of Ghana. Each category carries different ownership structures, consent requirements, and tenure limitations.


For instance, stool or skin lands are held in trust by traditional authorities for their subjects under customary law, while state lands are vested in the President on behalf of the Republic under Article 257 of the 1992 Constitution. Family lands, on the other hand, are owned communally and cannot be validly sold by a single individual acting alone.

This is why it is very important for buyers to:

    • 1. Identify the customary authority or lawful owner
    • 2. Confirm the tenure type, leasehold or freehold

Failure to correctly identify the nature of the land often results in transactions being declared void ab initio by the courts, in the event of any legal contest.


Checklist Item 2: Verify the Seller’s Authority to Sell

One of the most common causes of land disputes in Ghana is dealing with persons who lack the legal capacity to convey land interests. Possession or physical control of land does not automatically translate into ownership or authority to sell.


In the case of family land, Ghanaian courts have consistently held that valid alienation requires the consent of the principal family head and elders. Any conveyance made without such consent is voidable at the instance of the family (Banga v. Djanie, [1989–90] 2 GLR 510).


For stool or skin lands, transactions must involve the chief and principal elders, with concurrence from the Lands Commission, as required under Article 267 of the 1992 Constitution of the Republic of Ghana. In a situation where the land is sold by a corporate entity, buyers must verify:

    • 1. Company registration status
    • 2. Authority of signatories
    • 3. Existence of a valid board resolution

Ignoring these checks exposes buyers to future claims, rescission of contracts, and prolonged litigation.


Checklist Item 3: Conduct Official Search at Lands Commission

An official search at the Lands Commission is a non-negotiable aspect of land due diligence. This process enables buyers to independently verify claims made by sellers and uncover hidden risks. A proper search confirms the following:

    • 1. The registered owner
    • 2. The exact size and description of the land
    • 3. Existing encumbrances, mortgages or caveats
    • 4. Whether the land is subject to government acquisition or litigation

This guides the prospective buyer authenticate all unverified documents, especially those solely provided by seller.


Checklist Item 4: Confirm the Root of Title

Beyond current ownership, buyers must investigate the root of title, that is, how the land was originally acquired and transferred over time. A defective root of title renders all subsequent transactions invalid, regardless of how well-intentioned later buyers may be. This process involves:

    • 1. Tracing the ownership history
    • 2. Validating previous conveyances
    • 3. Ensuring there are no breaks in the chain of title

Courts in Ghana have repeatedly emphasized that a purchaser can only acquire the interest that the seller lawfully possesses (Adjei v. Forson, [2007–2008] SCGLR).


Checklist Item 5: Survey and Boundary Verification

Legal ownership alone is insufficient if the physical boundaries of the land are unclear or disputed. Many cases of multiple land sales stem from poor surveying practices or reliance on unlicensed surveyors. Therefore, buyers are strongly advised to engage a licensed surveyor to:

    • 1. Conduct ground boundary inspections
    • 2. Verify coordinates against official cadastral maps
    • 3. Confirm there is no encroachment or overlaps

Accurate surveying aligns the physical land with its legal description, reducing the risk of boundary disputes and future demolitions.


Checklist Item 6: Litigation and Community Inquiry

Formal records do not always capture the full risk profile of a land transaction. In many cases, local knowledge reveals disputes that have not yet been captured by the courts. Buyers must therefore:

    • 1. Engage community leaders and opinion leaders
    • 2. Make discreet inquiries about ongoing or historical disputes
    • 3. Investigate the area’s reputation for land conflicts etc

This is crucial because, there are certain localities in Ghana known for chronic land litigation. This helps potential investors avoid such areas regardless of price incentives offered.


Now, a guide to starting the Process

Now, the multimillion-dollar question is, how will the individual be able to put together all these professionals whilst saving time and cutting cost. A prudent land acquisition process should begin with the engagement of a reputable real estate consultant or consulting firm who serves as the central coordinator of all pre-purchase and transactional requirements.


This takes away the burden of independently sourcing surveyors, legal practitioners, planners and other professionals from the buyer. The consultant orchestrates and synchronizes these services, ensuring that due diligence is properly sequenced, verified and professionally managed.


This coordinated approach significantly reduces risk, cost overruns and procedural errors, while providing the buyer with clarity and confidence throughout the process. In this regard as stated earlier, the Africa Continental Engineering & Construction Network Ltd is your credible first point of call, offering buyers a structured, professionally guided entry into land acquisition, anchored in due diligence, regulatory compliance and integrated industry expertise.


Conclusion

In conclusion, a buyer is not merely acquiring land, they are acquiring legal certainty and peace of mind. Skipping any of the steps outlined above and those yet to be discussed in subsequent editions of this series, increases exposure to fraud, invalid conveyances and years of costly litigation. As Ghana’s urbanization and real estate market continue to expand, disciplined due diligence is no longer optional, it is essential. Stay tuned. Part 2 will address planning & regulatory compliance.


But before we part, do note that information provided in this article or any article by this writer are the opinions or views of the writer for general informational purposes and does not constitute professional or legal advice. Readers are therefore advised to consult certified professionals/consultants before making any legally binding decision or making any commitment that has financial implications.


Author

Daniel Kontie

Chief Executive Officer

Africa Continental Engineering & Construction Network Ltd

Email: d.kontie@acecnltd.com 

Tel: +233209032280


References

    • Kasanga, K. & Kotey, N. A. (2001). Land Management in Ghana: Building on Tradition and Modernity. International Institute for Environment and Development. Available: https://www.iied.org/9002iied IIED

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