LEGAL AND INSTITUTIONAL WEAKNESSES IN GHANA’S REAL ESTATE SECTOR [PART 9]: HOW PROLONGED LITIGATION IS INCENTIVIZING LAND FRAUD RATHER THAN DETERRING IT - AFRICA CONTINENTAL ENGINEERING & CONSTRUCTION NETWORK

LEGAL AND INSTITUTIONAL WEAKNESSES IN GHANA’S REAL ESTATE SECTOR [PART 9]: HOW PROLONGED LITIGATION IS INCENTIVIZING LAND FRAUD RATHER THAN DETERRING IT

Ghana’s legal system is fundamentally designed to resolve disputes, enforce rights and provide certainty. In the land sector, however, the reality is more complex. The design of Ghana’s land governance, coupled with fragmented institutional arrangements and high demand for urban land, has unintentionally created a system where litigation is inevitable. Therefore, making slow adjudication a natural consequence.

The results therefore become an interesting paradox; a legal system intended to provide clarity in land ownership has instead become a vehicle that sustains uncertainty in some cases, and indirectly incentivizes opportunistic behavior.

In this part 8 of the series, I examined how the structural design of Ghana’s land governance and slow adjudication processes inadvertently create incentives for land fraud and make litigation a profitable strategy rather than a deterrent. Here I highlight also, the systemic factors that overload the courts, the consequences of prolonged disputes and identify reforms, including fast-track adjudication and criminal accountability that could restore order, certainty and fairness in the land sector.

But before we go into the details 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 360ºC service experience. 

If you are ready to move from interest to investment, kindly visit the property page, 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 us go into the substantive issues, starting with a system designed to generate high volumes of Litigation.

A System Designed to Generate High Volumes of Litigation

Over the years, many people think the problem is the judiciary, but that is not the case. It is not about the judiciary’s competence. Ghana’s courts are staffed with capable judges and lawyers, but the problem has been long standing structural challenges, judicial service understaffing, limited resources and a high volume of complex land cases. Estimates suggest that between 52% and as high as 90% of cases in Ghanaian courts are land-related (Ghana Business News, 2023).

The reality is that the legal and institutional framework governing land ranging from fragmented customary systems to overlapping statutory authorities, naturally produces disputes. The courts are simply the inevitable venue where these disputes converge and the pace of resolution reflects the sheer volume and complexity of the cases (World Bank, 2003; IMF, 2025).

Delay as an Inherent Systemic Consequence

Slow adjudication in land cases arises because the system funnels many disputes to already burdened courts. Land cases often take 10 to 20 years to conclude, with multiple layers of appeals extending timelines further, according to the World Bank (World Bank, 2003). This systemic delay has unintended consequences; parties can occupy or develop disputed land while litigation is ongoing, that is if no injunction is placed on the land. Opposing parties incur high costs for lengthy legal battles etc and this makes even a favorable judgment arrives too late to be anything meaningful to the victor.

The primary reason delays embolden fraud is this, actors can sell the same parcel of land multiple times, knowing that the worst outcome is a legal battle that may take years or even decades to resolve. In such an environment, the financial risk of being caught is low, while the potential gain from fraudulent transactions is high. In effect, the systemic structure, not judicial inefficiency, creates an environment where persistence in litigation can become financially rewarding.

Conflicting Decisions and Uncertain Outcomes

The overlapping jurisdictions, incomplete cadastral mapping and inconsistencies in customary and statutory law create opportunities for conflicting judgments. In Ghana, systemic weaknesses in land administration have resulted in situations where the same parcel of land is allocated to multiple individuals, leaving the courts to grapple with conflicting claims and in some cases, producing inconsistent judicial outcomes.

These are systemic risks, not the fault of individual judges or the judicial system as whole (Ghana Business News, 2010). They inadvertently enable multiple sales, forum shopping and endless cycles of litigation.

Weak Enforcement Amplifies the Problem

Legislation such as the Land Act, 2020 (Act 1036) has strengthened the legal framework, including criminalizing land guard activities. However, enforcement gaps persist, largely due to limited coordination and resources rather than judicial failure (The Ghana Report, 2024). The outcome therefore is, laws existing on paper, but violations carry limited immediate consequence, making perpetrators operate in an environment where the potential reward from disputes exceeds the risk of penalties.

Information Gaps and Institutional Fragmentation

Reliable land information is central to reducing disputes. In Ghana, land records are sometimes incomplete and often inaccessible, manual systems are prone to losses, manipulation, or error whilst coordination between courts, the Lands Commission and customary authorities is weak. These gaps encourage informal assurances over verified data, fueling disputes and litigation (Kontie, 2026; World Bank, 2003).

Multiple Sales and the Economics of Dispute

Systemic inefficiencies, coupled with high demand, make multiple sales profitable. Single parcels are often sold to several buyers, each armed with seemingly valid documentations, confident enough to contest any contender in the court of law until they realize they are carrying a bad case (The Ghana Report, 2024).

As highlighted earlier, the slow pace of adjudication makes such fraud financially attractive. Perpetrators know that even if buyers litigate, resolution may take years, allowing the fraudster to benefit in the interim. This is because they know verification systems are weak, litigation is slow and penalties are uncertain, making opportunistic actors exploit these systemic gaps.

The Emergence of Extra-Legal Enforcement

Where formal systems fail to provide timely protection, informal actors emerge. Land guards proliferate due to delays, weak enforcement and lack of trust in systemic protections (Ghana Business News, 2010).

Litigation as a Rational Strategy

In Ghana, litigation has become a rational strategy because, it can secure de facto control over land for extended periods, it allows parties to negotiate settlements under pressure and it exploits systemic inefficiencies for financial gain.

Paths to Systemic Reform

Reversing the cycle requires targeted, systemic reforms among which are these;

Time-Bound Adjudication: Introduce timelines, fast-track courts and limit adjournments. A fast-track adjudication system, where disputes are resolved within defined periods, 90 or 180 days, for example and violators must be required to refund proceeds promptly or serve a jail term, would significantly reduce this incentive and restore balance to the market. Also, the judiciary must be well staffed and adequately resourced to ensure speedy conclusion of land litigation cases.

Digitization & Data Integration: Unified land information systems connecting courts, Lands Commission and customary authorities.

Judgment Integrity: Accurate mapping, inclusion of all affected parties and elimination of conflicting judgments.

Expanding Title Registration Districts: Expand title registration to cover the entire nation. Even though this may not eliminate the problem entirely, it will be mitigated significantly.

Enforcement Reform: Strengthen execution of court judgments and Land Act provisions, including criminal accountability for fraudulent land transactions, so that perpetrators face penalties such as fines or imprisonment, creating a strong deterrent.

Alternative Dispute Resolution: Institutionalize ADR mechanisms for faster, less costly dispute resolution (Ghana Business News, 2023).

Integration of Customary Authorities: To reduce land disputes, customary authorities such as stools, skins and family heads should be formally integrated into Ghana’s land administration system. This includes legal recognition, mandatory documentation and digital recording of all land allocations. Strengthening and digitizing customary land secretariats, along with capacity-building for traditional leaders, will help align customary practices with statutory processes and prevent overlapping claims.

Regulation of Land Agents and Developers: Land agents and private developers should be licensed, registered and continuously monitored to prevent fraud and multiple sales. This is where the strict implementation of the Real Estate Agency Act, Act 1047 comes to play. A centralized database, enforceable codes of conduct and strict penalties for non-compliance are essential. Standardized verification of land titles and public awareness campaigns will improve transparency, restore trust and reduce disputes in land transactions.

Conclusion

Ghana’s land sector is too critical to be governed by a system that inadvertently encourages dispute. The courts are not failing; they are operating under a system designed to generate high volumes of litigation with limited resources.

The challenge is clear, transform the systemic framework so that litigation becomes a true last resort, not a profitable strategy and ensure that fraudulent actors face both civil and criminal consequences. Until then, land litigation will remain both a symptom and a driver of broader governance weaknesses.

References

• Ghana Business News. (2010). Bad court judgments said to fuel land disputes in Ghana.https://www.ghanabusinessnews.com/2010/05/31/bad-court-judgments-said-to-fuel-land-disputes-in-ghana/
• Ghana Business News. (2023). Land litigation makes up 52% of all cases in Ghana courts. https://www.ghanabusinessnews.com/2023/05/15/land-litigation-makes-up-52-of-all-cases-in-ghana-courts/
• International Monetary Fund (IMF). (2025). Technical Assistance Report on Ghana. https://www.imf.org/en/Publications/CR/Issues/2025/01/15/Ghana-Technical-Assistance-Report
• Kontie, D. (2026). Legal and Institutional Weaknesses in Ghana’s Real Estate Sector.https://thebftonline.com/2026/03/16/legal-and-institutional-weaknesses-in-ghanas-real-estate-sector/
• The Ghana Report. (2024). Appeal Court judge slams weak enforcement of Land Act.https://www.theghanareport.com/appeal-court-judge-slams-weak-enforcement-of-land-act/
• World Bank. (2003). Land Policies for Growth and Poverty Reduction. https://openknowledge.worldbank.org/handle/10986/15175