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14May’26
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 8]: THE “PAY AGAIN” LAND ACQUISITION TRAP – HOW DELAYED REGISTRATION EXPOSES BUYERS TO PAY TWICE FOR LAND THEY HAVE ALREADY PAID FOR AFTER A GRANTOR’S DEATH
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 8]: THE “PAY AGAIN” LAND ACQUISITION TRAP – HOW DELAYED REGISTRATION EXPOSES BUYERS TO PAY TWICE FOR LAND THEY HAVE ALREADY PAID FOR AFTER A GRANTOR’S DEATH In Ghana’s customary land market, one of the most underestimated risks confronting buyers today is not only double sale, boundary disputes, litigation or land guard activities. Alarmingly, another dangerous but less discussed phenomenon is emerging, the succession trap created by delayed land registration. If you, reading this article, have purchased or acquired customary land in Ghana and have still not registered your interest with the Lands Commission for whatever reason and that land is still undeveloped or not possessed, you may be sitting on a serious future risk without realizing it. If I am in the position to advise you, I would edge you to pick up your indenture and begin the registration process immediately before a sudden death, succession dispute, change in family leadership or customary transition turns your legitimate ownership into a painful financial and legal battle. For many buyers across Ghana, the delay they once considered harmless has later become one of the biggest regrets of their investment journey. Across Ghana, many land buyers acquire land from chiefs, family heads, clans, stools or customary grantors and receive documents such as indentures, allocation notes, site plans, receipts and land purchase agreements. However, many fail to immediately regularize and register their interests with the Lands Commission. Some postpone registration because they do not intend to immediately develop the land, while others become frustrated by administrative delays and abandon the process halfway. Unfortunately, this delay is becoming one of the biggest structural red flags in Ghana’s property market. What many buyers fail to appreciate is that, possession of land documents alone does not automatically secure ownership against future challenges. In many instances, buyers only begin to expedite registration when they sense danger, insecurity or possible competing claims over the land. By then, however, many discover that the original grantor has died, succession disputes have emerged or authority over the land has changed hands. At that point, the successor or next of kin whose signature is required to complete registration may refuse to cooperate unless the buyer renegotiates the land price or pays fresh charges before documents are endorsed. In effect, some buyers are compelled to “buy their own land again” years after legitimately acquiring it. This disturbing trend is increasingly common in Ghana’s land market and deserves urgent national attention because it exposes deep weaknesses in customary land administration systems, transaction documentation and registration enforcement mechanisms. In this article, I examine this dangerous but overlooked risks within Ghana’s customary land market, the growing phenomenon where land buyers are forced to renegotiate or make fresh payments for lands they legitimately purchased years earlier simply because registration was delayed until after the death of the original grantor. I explore how succession disputes, weak customary land administration systems, bureaucratic registration delays and poor transaction documentation are exposing buyers to extortion, ownership insecurity and costly legal battles, while also outlining the urgent steps buyers, policymakers and traditional authorities must take to protect land ownership rights and restore confidence in Ghana’s property market. But before we go into the nitty-gritty of today’s discussion, let me remind you that, the Africa Continental Engineering & Construction Network Ltd stands out as one of Ghana’s leading real estate developers and consultants. From land acquisition, title registration, architectural design, general construction, property development, real estate investment advisory services et cetera, we provide a 360º service experience. If you are ready to move from interest to investment, kindly search us on Google, visit our investment and property pages, explore available properties and reach out to our team for 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 begin the discussion starting with the growing reality in Ghana’s land market. The Growing Reality in Ghana’s Land Market The pattern is becoming alarmingly familiar across Ghana. A buyer acquires land from a family, stool, clan or customary authority and receives the relevant transactional documents. The buyer assumes ownership is secure and postpones registration indefinitely. Years later, the original grantor passes on; family leadership changes or succession disputes arise. The buyer then attempts to regularize the land interest only to discover that fresh signatures or confirmations are required from successors or family representatives before the Lands Commission can proceed with registration. In many cases, the successor challenges the transaction and demands proof beyond the buyer’s existing documents. Some claim they never benefited from the original sale and therefore insist on fresh payment negotiations before signing. Others deny knowledge of the transaction entirely or exploit the situation to extort additional money from the buyer. This phenomenon has become one of the hidden but dangerous structural defects within Ghana’s property market. The problem is particularly severe because approximately 80 percent of land in Ghana is held under customary ownership systems involving stools, skins, clans and families. Consequently, land transactions are often deeply tied to individuals and customary authority structures rather than fully institutionalized administrative systems. This creates significant vulnerability whenever succession, death, or leadership transitions occur. Sharing a practical experience, in 2014, a renowned Accra-based developer (name withheld) I worked with acquired parcels of customary land in Kaosa, that had not yet been formally registered and subsequently allocated portions of it to staff as long-service and loyalty incentives. However, many of the beneficiaries did not immediately take steps to perfect their interests through registration. Seven years later, one staff member who intended to exit the company sought to regularize his title. At that point, he was informed that the original customary grantor had passed on. He was then introduced to a purported next of kin of the deceased grantor who asserted control over the original transaction and demanded fresh negotiations and additional
13May’26
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 7]: LAND GUARDS AND SECURITY RISKS – WHEN LAND OWNERSHIP COMES WITH THREATS
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 7]: LAND GUARDS AND SECURITY RISKS – WHEN LAND OWNERSHIP COMES WITH THREATS In most advanced property markets, legal ownership is generally sufficient to guarantee possession, security and peaceful development. In Ghana, however, ownership alone is often not enough. Beyond title documents and registered deeds lies another harsh reality many investors, developers and landowners confront. That is, the security risk associated with land ownership itself. Across several parts of Accra and other rapidly urbanizing communities, property ownership can sometimes evolve into a prolonged struggle involving intimidation, encroachment, threats, violent confrontations, unlawful demolitions and competing claims over possession. In many instances, the issue is no longer simply about who legally owns the land, but rather who is capable of physically controlling, defending or occupying it. This disturbing phenomenon has contributed significantly to investor anxiety, stalled developments, rising project costs and declining confidence in Ghana’s property market. Although government interventions and legislation have attempted to address the problem, the persistence of “land guard” activities continues to expose deeper structural weaknesses within Ghana’s land administration and dispute resolution systems. In today’s article, I examine the growing security risks associated with land ownership in Ghana’s property market. The article explores how these challenges continue to undermine investor confidence and increase development costs using practical examples from parts of Accra and other urban communities. The discussion highlights why legal ownership alone does not always guarantee peaceful possession and why ownership security remains a major concern in Ghana’s real estate sector. But before we go into the nitty-gritty of today’s discussion, let me remind you that, the Africa Continental Engineering & Construction Network Ltd stands out as one of Ghana’s leading real estate developers and consultants. From land acquisition, title registration, architectural design, general construction, property development, real estate investment advisory services et cetera, we provide a 360º service experience. If you are ready to move from interest to investment, kindly search on Google, “Africa Continental Engineering & Construction Network Ltd”, visit our investment and property pages, explore available properties and reach out to our team for 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 begin the discussion starting with the risks beyond legal ownership. The Real Risk Beyond Legal Ownership One of the greatest misconceptions in Ghana’s property market is the assumption that legal ownership automatically guarantees peaceful possession. In reality, many landowners with valid documentation continue to face threats, encroachment and violent disputes over lands they legally acquired. The problem stems partly from the complexity of Ghana’s land tenure system, where customary ownership, family claims, stool lands, state acquisitions, overlapping allocations and undocumented transactions often intersect. This creates fertile grounds for multiple sales, boundary disputes and prolonged litigation. In response to these uncertainties, informal groups commonly referred to as “land guards” emerged over time to provide physical enforcement and protection over disputed lands. These groups often operate outside formal legal structures and rely on intimidation, force and fear to assert territorial control. Recognizing the severity of the problem, Parliament passed the Vigilantism and Related Offences Act, 2019 (Act 999), which criminalized the activities of land guards and imposed severe penalties on persons who organize, engage or finance such groups pursuant to Section 7 of the Vigilantism and Related Offences Act, 2019 (Act 999). Despite the legislation, practical enforcement challenges remain. Reports of violent land disputes, unlawful demolitions, forced evictions and attacks on developers continue to surface periodically across parts of Greater Accra and surrounding growth areas. The consequence is that many investors now face a troubling reality: acquiring land legally may only represent the beginning of the ownership battle rather than the end of it. Growing Excesses of Land Guards One dangerous dimension of the problem that is often ignored is that land guards themselves sometimes evolve beyond “protectors” into sources of extortion, intimidation and unlawful control over lands they were originally engaged to protect. Across several developing communities, developers and landowners increasingly complain about unauthorized charges imposed by these groups before any physical activity can commence on site. These charges often come in different forms including “site clearing fees,” “digging fees,” “block molding fees,” “foundation fees,” or other arbitrary levies which have no legal basis whatsoever. In many situations, these payments are forcefully demanded before developers are allowed to clear bushes, dig foundations, move construction materials onto site or continue ongoing construction activities. Failure to comply can result in threats, obstruction of works, destruction of property or physical intimidation of workers and contractors. In some extreme cases, the situation escalates further where the very land guards employed to “protect” the land gradually begin asserting control over the property itself. There have been recurring allegations in some communities where land guards allegedly attempt to ward-off legitimate owners from accessing their own lands while positioning themselves as de facto controllers of the property. There is also this dangerous trend where objects associated with supernatural powers (African black magic) are planted on lands to ward-off rightful owners, caretakers or workers from entering such properties. This is not the matter of whether one believes in “African Magic” or not the consequences can be daring if the legitimate owner tries to possess the land without a counter spiritual protection. The economic implications of these practices are enormous. Developers are compelled to budget for unofficial security-related expenditures which significantly inflate project costs and reduce investment efficiency. As a practical example, on May 8, 2026, during a site supervision exercise for one of my clients involving the clearing of six plots of land, individuals associated with land guard operations reportedly demanded an amount of GHS 30,000 before the clearing exercise could proceed. Although the situation was managed and the site clearing completed, additional demands described as “digging fees” were still expected to follow before construction activities could commence. Experiences such as these continue
10May’26
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 6]: THE RESALE ILLUSION – WHEN YOU CAN’T EXIT THE INVESTMENT YOU THOUGHT WAS PROFITABLE
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 6]: THE RESALE ILLUSION – WHEN YOU CAN’T EXIT THE INVESTMENT YOU THOUGHT WAS PROFITABLE In Ghana’s property market, the dominant narrative has long been familiar and reassuring: “Buy land or property, hold it, and expect profit at exit.” However, this narrative is increasingly out of step with market reality. For serious real estate investors, value is not truly proven at the point of acquisition, it is tested at the point of exit. What is becoming clearer is that many real estate assets that appear attractive on paper can become structurally illiquid in practice. In such cases, the challenge is no longer ownership, but conversion, that is, turning the asset into real, accessible liquidity without significant delay or value erosion. This shift exposes a hard truth that, profitability in real estate is not anchored in the speculative appreciation narratives often advanced by opportunistic market players, but in the asset’s ability to achieve a timely and profitable exit. This growing disconnect between perceived value and actual marketability exposes fundamental weaknesses in how property performance is assessed in Ghana. This phenomenon is what I described as the “resale illusion” where paper gains or speculative narratives create the impression of wealth, but real market exit remains uncertain due to structural constraints. While liquidity challenges exist in many markets globally, Ghana’s case is particularly pronounced. This is the reason why investors must therefore be well informed and strategically positioned before entry. In this article, I examine the resale illusion in Ghana’s property market, the situation where you cannot exit the investment you once thought was profitable. Drawing on empirical research and over a decade of market experience, I unpack how structural inefficiencies such as weak mortgage systems, affordability constraints, speculative pricing and demand-location mismatches combine to make property exit more difficult than investors anticipate. Using Accra’s post-oil boom experience as a case study, the article shows how assets that appear profitable on paper often struggle to attract buyers in reality. Ultimately, I propose a demand-driven investment lens, where profitability is defined not by acquisition price or prestige, but by the ability to achieve a timely and realistic exit. But before we go into the nitty-gritty of today’s discussion, let me remind you that, the Africa Continental Engineering & Construction Network Ltd stands out as one of Ghana’s leading real estate developers and consultants. 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 our 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 discussion starting the illiquidity problem. The Illiquidity Problem Real estate is inherently an illiquid asset. In Ghana, however, this illiquidity is significantly intensified by structural constraints as mentioned earlier. Unlike developed markets with functional mortgage systems and secondary financing structures, Ghana’s property market operates largely on cash-based or incremental payment models. This illiquidity produces three key outcomes; first, there is a limited buyer pool, as only a small segment of the population can afford outright purchases. Second, transaction cycles are slow, with properties often remaining on the market for extended periods without serious offers, while sellers hold firm to perceived value rather than actual demand. Third, it becomes difficult to determine fair market prices, since limited transaction activity makes it harder to establish what properties are truly worth, further slowing down market movement. Mismatch between Property Location and Real Market Demand One of the most overlooked drivers of the resale illusion is the disconnect between where properties are developed and where sustainable demand actually exist. In many cases, investment decisions are driven by appreciation expectations rather than real demand fundamentals. However, real estate liquidity is ultimately determined by income levels, employment concentration and population growth patterns. In Accra, much of recent development has concentrated in high-end enclaves such as Airport Residential, Cantonments, Ridge and East Legon. A 2025 study shows that demand in these areas surged during Ghana’s post-2007 oil boom due to expatriate and corporate presence, peaking between 2010 and 2014. However, when oil prices declined between 2014 and 2016 and expatriate demand reduced, market activity in the premium segment slowed significantly, leading to longer holding periods and reduced transaction velocity. The lesson is clear, luxury properties in those prime locations may appear valuable during economic expansion, but if demand is narrow or externally driven, resale becomes uncertain when conditions change. This is the core of the resale illusion, where perceived value does not translate into actual market exit outcomes. Why Properties Remain Unsold The persistence of unsold properties in Ghana is not accidental but structural and has to be addressed consciously if only we are serious about reforming the market. But put it concisely, below are the reasons why many luxury and mid-end properties remain unsold on the market for a long time. Affordability gap: Property prices, especially in urban areas, are often aligned with diaspora or dollar-based purchasing power rather than local incomes. This creates a market where demand exists in theory but not in practice. Speculative pricing: Many properties are priced based on construction cost recovery or expected appreciation rather than actual transactions. This leads to listings that exceed what the market can realistically absorb. Supply-demand imbalance: Ghana faces a housing deficit, but the shortage is not uniform. There is undersupply in affordable housing and oversupply in mid-to-high-end developments, creating vacant properties alongside unmet housing need. Weak market transparency: Limited access to reliable transaction data makes pricing uncertain. Buyers struggle to assess value, while sellers rely on assumptions rather than evidence. Financing constraints: Without accessible long-term mortgage financing, many buyers delay or abandon purchases, reducing transaction velocity and
05May’26
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 5]: SURVEY PLANS CAN LIE – HOW COORDINATES ARE MANIPULATED WITHOUT BUYERS KNOWING
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 5]: SURVEY PLANS CAN LIE – HOW COORDINATES ARE MANIPULATED WITHOUT BUYERS KNOWING In today’s property market, survey plans and site coordinates are often treated as unquestionable proof of accuracy. Numbers appear precise and coordinates feel scientific. To many buyers, they represent certainty. However, behind this appearance lies a serious problem sometimes. Coordinates can be manipulated, misunderstood, or poorly verified, sometimes deliberately or negligently. In Ghana and many developing property markets, this overreliance on survey plans has created a subtle but dangerous form of fraud. In such cases, the deception is not always in fake documents, but in the way land is represented through coordinates and boundaries on paper and on the ground. In this article, I will explain in simple terms how survey plans often seen as the most reliable part of a land transaction can be misleading. I will show how these manipulations happen, why buyers rarely notice them and what risks they create. I will also address the common belief that coordinates represent absolute truth and explain why that is not always the case. Most importantly, I will outline practical steps buyers and investors must take to protect themselves. But before we go further, it is important to mention that Africa Continental Engineering &Construction Network Ltd remains one of Ghana’s leading real estate development and consulting firms. From land acquisition and title registration to architectural design, construction and investment advisory, we provide a complete end-to-end service experience. If you are ready to move from interest to investment, kindly visit our property page, explore available properties and engage our team for professional guidance. With serviced, litigation-free lands across Accra and key growth locations, we are well positioned to help you make informed and secure property decisions. Now, let us turn to the substance of the discussion starting with understanding survey plans. Understanding Survey Plans A survey plan is meant to define the boundaries of a piece of land using measurements, angles and coordinates tied to a reference system. Ideally, it should reflect exactly what exists on the ground. However, in practice, this is not always the case. A survey plan is not the land itself; it is a representation of it. It depends on human input, the tools used and the systems behind the measurements. This means that errors, inconsistencies or even deliberate alterations can affect the final outcome. In many countries, including Ghana, land mapping systems have developed gradually over time. New plots are often added onto older maps that may already contain inaccuracies. As a result, a survey plan is only as reliable as the process and integrity behind its creation (Pullar & Donaldson, 2022). Fake or Altered Site Plans: The Invisible Manipulation At first glance, a site plan appears clear and authoritative. It contains straight boundary lines, precise numbers and official stamps, all of which create a strong sense of trust. Yet, beneath this clean appearance, there can be hidden inaccuracies that are rarely detected by the average buyer. In some cases, a survey plan can be slightly altered without any obvious sign of tampering. The document still looks professional and legitimate, but it no longer reflects the true position or size of the land. These manipulations may involve small adjustments to coordinates, slight distortions of boundaries or the use of different reference systems without proper disclosure. This is because these changes are subtle and technical; they are extremely difficult for untrained individuals and even some professionals to identify. How it Happens: Survey plans are not usually manipulated in obvious ways. In many cases, the problems are subtle and difficult for ordinary buyers to notice. One way this happens is when boundary points are slightly adjusted on paper so that a piece of land appears to be in a different or more attractive location than it really is. In other situations, a genuine survey plan may be reused or linked to a different parcel of land than the one it was originally prepared for. Sometimes this is due to weak checking systems or poor record keeping, but in other cases it may be done deliberately to mislead a buyer. There are also instances where digital copies of survey plans are quietly edited, making small changes that are hard to detect without expert comparison. In other cases, the same land may appear differently on paper because different measurement systems were used or wrongly applied. But because all these processes involve numbers and technical drawings, they often look correct at first glance. This makes it difficult for most buyers and even some professionals to spot the problem without proper independent verification. Why it Works: These practices succeed largely because they take advantage of common assumptions. Many buyers believe that numbers cannot be manipulated and that official-looking documents are always accurate. In addition, most verification processes focus on confirming whether documents exist, rather than whether the spatial information they contain is correct. There is also limited integration of systems that would allow proper cross-checking of coordinates in real time. Even in well established systems, mapping inaccuracies can exist due to continuous updates and historical inconsistencies, making manipulation easier to conceal (Pullar & Donaldson, 2022). Encroachment Risks: When Coordinates don’t match Reality One of the most serious consequences of inaccurate or manipulated survey plans is encroachment. Encroachment occurs when the boundaries shown on paper do not match what exists on the ground. This can result in overlaps between different parcels of land, situations where someone is already occupying part of the land you have purchased, or cases where multiple buyers unknowingly acquire the same plot. In Ghana, this problem is often linked to inconsistencies in older surveying methods such as triangulation and traversing, which have contributed to variations in coordinate frameworks over time (Ayer et al., 2008). Over time, physical boundary markers such as pillars may be destroyed, moved or completely lost, leaving coordinates as the only reference point. Small errors in measurement can also accumulate across multiple
02May’26
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 4]: THE LANDS COMMISSION MYTH – WHY “OFFICIAL SEARCH RESULTS” CAN STILL MISLEAD YOU
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 4]: THE LANDS COMMISSION MYTH – WHY “OFFICIAL SEARCH RESULTS” CAN STILL MISLEAD YOU In Ghana’s property market, the practice of conducting a search at the Lands Commission is widely regarded as the ultimate safeguard in ascertaining title security. For many buyers, investors and even professionals within the built environment, the search report is treated as conclusive proof of ownership and legitimacy. However, this confidence is increasingly misplaced. There are growing instances where official search results do not resolve ownership questions but instead deepen uncertainty. The purpose of today’s article is to interrogate the gap between public confidence in official land searches and the realities of land ownership verification in Ghana. Drawing on a real-world case involving conflicting title records, it unpacks the limitations of search reports issued by the Lands Commission, explores the impact of data gaps and registration delays and shows how competing claims and even fraud, can survive “official verification.” The central argument is straightforward: reliance on search results alone is inadequate and only a more rigorous, multi-layered approach to due diligence can meaningfully reduce risk. But before we go into the nitty-gritty of today’s discussion, let me remind you that, the Africa Continental Engineering & Construction Network Ltd stands out as one of Ghana’s leading real estate developers and consultants. 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 search on Google, “Africa Continental Engineering & Construction Network Ltd”, visit our 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 discussion starting with a real recent experience trying to serve one of our clients. A Real Case: When the Records Tell Conflicting Stories A recent professional experience illustrates this concern in a very practical way. A title root search we conducted on behalf of a client produced a report so internally inconsistent that it failed to answer the most fundamental question; who truly owns the land. The search findings revealed a fragmented and contradictory ownership history. The land in question was identified as Nungua Stool land that had been compulsorily acquired by the Republic of Ghana in 1940. Decades later, in 2010, it was released back to the Stool, which subsequently transferred ownership to a private developer, Woodfield Development. This interest was later transferred to Cosmos Real Estate, suggesting a seemingly straightforward chain of title. However, the same report introduced a conflicting narrative by indicating that the land had also been affected by plotting activities attributed to another company (name withheld), with a separate title number issued in that entity’s name by grantor’s name that never appeared from the beginning. This created a clear disconnect in the chain of title, effectively producing parallel claims originating from the same root without any coherent legal reconciliation. Seeking further clarity, we shared the report which was independently reviewed by multiple professionals, including an experienced land surveyor, a seasoned property lawyer and even a lawyer working within the Lands Commission itself. In all instances, none could conclusively state which party held legitimate ownership. As a result, we have not been able to ask the client to go ahead and make payment, 4 weeks now after the search. This inability to reach a conclusion, despite reliance on official records, highlights a systemic issue rather than an isolated anomaly. This is just the most recent experience shared in this article, time and space will fail us if want to give account of all the cases we encountered as a leading real estate consultant and developer. The Limitations of Official Searches At the core of this problem is a widespread misunderstanding of what a Lands Commission search actually represents. A search report is fundamentally an administrative record, it reflects entries within a registry but does not constitute a legal determination of ownership. In other words, it shows what has been recorded, not necessarily what is legally valid. The coexistence of customary and statutory land governance systems, commonly referred to as legal pluralism produces an environment where land disputes tend to follow fairly predictable litigation patterns, largely due to persistent overlaps, inconsistencies and unresolved tensions. Within such a system, multiple interests in land can exist simultaneously and not all of them are captured or reconciled within formal registration systems. As a result, a search report may omit unregistered interests, unresolved disputes, or competing customary claims. Ubink and Quan (2008) further observe that land registration systems in similar contexts often function as repositories of claims rather than as mechanisms for conclusively adjudicating those claims. This structural limitation explains why conflicting interests can appear within the same search report without any definitive indication of priority or validity. Data Gaps and Registration Delays Beyond conceptual limitations, practical challenges within the land administration system further undermine the reliability of search results. Ghana’s land records have historically been affected by fragmentation, incomplete documentation and delays in registration processes. Although efforts at digitization have been initiated, the system is still in transition, leaving significant gaps in data integrity. The World Bank (2019), notes that inefficiencies in land registration, including bureaucratic delays and inconsistent record-keeping, continue to affect the accuracy and completeness of official land data. In practice, this means that a legally valid transaction may not yet be reflected in the system, while a recorded transaction may later be subject to dispute or invalidation. In the case under discussion, the appearance of a separate title in the final supposed legitimate title holder according to the search report, alongside an existing chain of transfers suggests either a parallel registration that was not properly reconciled or the existence of an unresolved dispute that was
01May’26
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 3]: LITIGATION AS A BUSINESS MODEL – WHEN LAND DISPUTES ARE DELIBERATELY ENGINEERED
RED FLAGS IN GHANA’S PROPERTY MARKET [PART 3]: LITIGATION AS A BUSINESS MODEL – WHEN LAND DISPUTES ARE DELIBERATELY ENGINEERED Land remains the most critical economic asset in Ghana, underpinning investment, urban development and intergenerational wealth creation. However, the increasing prevalence of land disputes has introduced significant uncertainty into the property market. While disputes are often viewed as unintended consequences of systemic inefficiencies, there is growing evidence that some are deliberately orchestrated and sustained for economic gain. In such cases, litigation ceases to be merely a mechanism for resolving conflict and instead becomes a strategic tool for extracting value. This article examines the growing phenomenon of litigation being weaponized as a business model within Ghana’s land sector, where disputes are not merely accidental but, in some cases, deliberately engineered for economic gain. It explores the structural weaknesses in land administration, including legal pluralism, weak record systems and slow judicial processes that create fertile ground for such practices to flourish (World Bank, 2003). It further analyses how strategies such as multiple sales, strategic encroachment and deliberate litigation delays are used to extract value from conflict rather than development. Ultimately, it highlights the economic and social consequences of this trend while proposing targeted reforms and practical safeguards for investors navigating Ghana’s increasingly complex property market. But before we go into the nitty-gritty of today’s discussion, let me remind you that, the Africa Continental Engineering & Construction Network Ltd stands out as one of Ghana’s leading real estate developers and consultants. 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 our 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 discussion starting the structural context of why land disputes thrive. The Structural Context: Why Land Disputes Thrive Ghana’s land tenure system is characterized by legal pluralism, where customary land ownership coexists with statutory regulation. Approximately 80% of land is held under customary systems, administered by stools, skins, families and clans, while the state regulates formal registration and documentation processes. This duality often produces overlaps, inconsistencies and uncertainty in land ownership. The complexity of this system is further compounded by weak land administration structures. Studies have identified poor record-keeping, lack of comprehensive cadastral systems and fragmented institutional mandates as major contributors to land disputes (World Bank, 2003). In many instances, multiple parties may hold documentation, formal or informal, purporting to establish ownership over the same parcel of land. Moreover, the process of land registration in Ghana has historically been slow and cumbersome, reducing public confidence in formal systems and encouraging reliance on informal transactions. These structural weaknesses create an environment where disputes are not only frequent but, more critically predictable. From Dispute to Strategy: The Rise of Litigation as a Business Model Within this structurally vulnerable environment, some actors have exploited these systemic weaknesses by converting litigation into deliberate economic strategies. Litigation, rather than serving as a last resort, is premeditated and embedded within transactional behavior. One common manifestation is the deliberate multiple sale of land. Without name calling, this is how it happens in a practical scenario, customary land custodians or intermediaries may knowingly sell the same parcel to multiple buyers, each equipped with seemingly valid documentation. This practice inevitably results in competing claims and prolonged litigation. These multiple buyers depend on the supposed grantor as a key witness to prove root of title. This gives the grantor significant influence over the case, as they can shape the narrative, provide or withhold documents and align with one party’s claim. Exploiting this position, some grantors approach both sides during litigation, demanding additional payments with promises to support their case, turning the dispute into an opportunity for further financial gain, even though they cannot ultimately determine the court’s decision. Even more serious is the case that, while litigation is ongoing, the same land can still be sold to many more buyers as many as they can get. Another strategy involves intentional encroachment on disputed or ambiguously owned land. Actors exploit gaps in enforcement and delays in adjudication, occupying land with the expectation that prolonged possession or negotiated settlements will yield economic benefit. In such cases, the dispute itself becomes a form of leverage. A practical illustration is a situation where a developer identifies a vacant plot in East Legon for instance, that is already subject to an ownership dispute but not actively developed. Taking advantage of delays in enforcement, the encroacher quickly fences the land and begins a basic structure before the rightful owner becomes fully aware. Although the owner may apply for an injunction to stop further activity, in practice such orders can take time to obtain and enforce and sometimes encroachers continue occupation or return after initial intervention. As the dispute moves into prolonged litigation, the encroacher uses continued possession and delay as leverage, eventually pressuring the rightful owner into a negotiated settlement or discounted sale simply to avoid extended legal costs, uncertainty and loss of use of the land. This reminds me of my most recent experience on this in Adenta, Accra in 2023 where I sad in a meeting with a popular developer and a family. The developer told the family that there is no way they can litigate with him and win, indirectly sending a signal for a peaceful settlement or lose it all. Additionally, litigation may be used strategically to delay development. By initiating legal proceedings, disputing parties can stall construction projects, impose financial strain on legitimate owners and ultimately force settlements under unfavorable terms. As noted in studies on land conflict resolution, delays in judicial processes can incentivized opportunistic behavior and prolong disputes beyond
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