Ghana Land Title Verification Process (2026 Guide)

1. Introduction to Land Tenure in Ghana

1.1 The Dual Land Tenure System

Ghana operates under a dual land tenure system that is one of the most distinctive in Sub-Saharan Africa. Approximately 80% of all land in Ghana is held under customary tenure, while the remaining 20% constitutes public/government land (vested and state land). This fundamental distinction has profound implications for how land titles are verified and registered.

Customary land is owned by Stools (in southern Ghana), Skins (in northern Ghana), clans, families, and communities. These allodial title holders delegate interests in land to subjects, tenants, and occupants under various arrangements including usufructuary rights, leasehold, and sharecropping (abunu and abusa systems). The State, through constitutional mandate, has powers to acquire land for public purposes with fair compensation.

1.2 Constitutional and Historical Context

The 1992 Constitution of Ghana, in Articles 257-267, provides the overarching framework for land ownership. Article 257(1) vests all public lands in the President on behalf of the people of Ghana. Article 267 provides that stool lands vest in the relevant stool or skin on behalf of the subject community. These provisions create two distinct streams of land ownership that require different verification approaches.

Historically, the multiplicity of land rights led to widespread disputes, double sales, and “land guards” (private enforcers). The Land Administration Project (LAP-1 in 2003 and LAP-2 in 2011) was introduced to systematize, digitize, and decentralize land administration, significantly improving the verification environment.

1.3 Categories of Land in Ghana

2. Legal and Regulatory Framework

2.1 Primary Legislation

The legal architecture governing land title verification in Ghana is built on several interlocking statutes:

• Lands Commission Act, 2008 (Act 767): Establishes the Lands Commission as the primary statutory body for land administration, registration, and management.
• Land Title Registration Law, 1986 (PNDCL 152): Introduced compulsory land title registration in specified registration districts, providing for Land Certificates as conclusive evidence of title.
• Land Act, 2020 (Act 1036): The most recent comprehensive land legislation. Consolidates customary tenure rules, mandates spousal consent in land transactions, and introduces penalties for fraudulent land dealings.
• Land (Conveyancing) Rules, 1973 (LI 884): Prescribes procedural requirements for executing land instruments, including execution by parties and witnesses.
• Administration of Lands Act, 1962 (Act 123): Governs the management of vested lands.
• Office of the Administrator of Stool Lands Act, 1994 (Act 481): Establishes the OASL to collect and manage revenues from stool lands.
• Companies Act, 2019 (Act 992): Governs corporate entities that may own land.
• Intestate Succession Act, 1985 (PNDCL 111): Governs distribution of property including land for persons who die without a will.
• Borrowers and Lenders Act, 2020: Establishes the Collateral Registry and governs mortgage and security interest registration.

2.2 International and Regional Frameworks

Ghana is a signatory to the FAO Voluntary Guidelines on Responsible Governance of Tenure (VGGT) and the African Union Land Policy Initiative (AU-LPI) Framework, both of which emphasize transparency, participatory governance, and gender equity in land rights.

2.3 Types of Land Rights Recognized

3. Institutional Framework

3.1 The Lands Commission

The Lands Commission is the apex institution for land administration in Ghana. It operates through four main divisions:

• Survey and Mapping Division (SMD): National geodetic surveys, topographic mapping, cadastral surveys, and national coordinate system maintenance.
• Land Registration Division (LRD): Manages the deeds registry for non-Title registration districts and processes all land instruments.
• Land Valuation Division (LVD): Official valuations for stamp duty, compulsory acquisition compensation, and mortgage purposes.
• Public and Vested Lands Management Division (PVLMD): Manages government-acquired and vested lands.

3.2 Land Title Registry

The Land Title Registry (LTR) operates under PNDCL 152 and maintains the definitive register of land titles in designated registration districts. Currently, compulsory registration covers Greater Accra Region. A registered title constitutes indefeasible evidence of ownership, subject to overriding interests. The LTR maintains three registers: the Property Register (parcel details), the Proprietorship Register (owner details), and the Encumbrances Register (mortgages, charges, caveats, and restrictions).

3.3 Office of the Administrator of Stool Lands (OASL)

The OASL plays a critical role in verifying stool land transactions. Before any stool land instrument is registered, the OASL must confirm that the appropriate head of family or stool authority has consented, and that the transaction does not violate prior allocations. The OASL also ensures ground rent and stool land revenues are properly collected and disbursed.

3.4 Customary Land Secretariats (CLS)

Customary Land Secretariats are community-based institutions established under traditional councils to manage customary land records, document allocations, and serve as a first point of call for customary land inquiries. Over 40 CLS have been established under LAP across Ghana.

3.5 District Assemblies and Planning Authorities

District Assemblies, through their Physical Planning Departments, are responsible for land use planning and development permits. In major cities, the Accra Metropolitan Assembly (AMA) and the Town and Country Planning Department (TCPD) play key roles in zoning confirmation.

3.6 Survey Department

The Survey and Mapping Division and licensed private surveyors are responsible for site plans, cadastral surveys, and survey documents. All land parcels must be plotted on site plans bearing the surveyor’s stamp before an instrument can be registered.

4. The Ghana Land Title Verification Process Step by Step

4.1 Overview of the Process Flow

The land title verification process involves the following broad phases:

4.2 Phase 1: Pre-Purchase Due Diligence

4.2.1 Official Land Search at the Lands Commission

The first and most critical step is conducting an official search at the Lands Commission. The search results reveal the registered owner, all registered instruments affecting the property, caveats, restrictions or court orders, the history of ownership and prior encumbrances, and current property status. A negative search result does not necessarily mean the land is unencumbered – it may mean the transaction was never registered.

4.2.2 Customary Land Secretariat Search

For land held under customary tenure, a search at the relevant CLS is essential to identify whether the vendor is the genuine allocatee, whether any prior allocation of the same parcel exists, and whether the land has been the subject of any dispute at the traditional council level.

4.2.3 OASL Verification (for Stool Lands)

Where the land is identified as stool land, the OASL must be contacted to verify allocation records, confirm the transaction is sanctioned by the appropriate customary authority, and confirm whether any outstanding stool land obligations exist on the parcel.

4.2.4 Physical/Site Inspection

A physical inspection is mandatory to confirm boundary correspondence with documents, identify existing developments or encroachments, verify actual possession and current occupation, check for visible signs of competing claims, and assess accessibility. A licensed surveyor should accompany the lawyer during this inspection.

4.2.5 Planning and Zoning Search

At the District Assembly’s Physical Planning Department or TCPD, verify the zoning classification, planning restrictions, building setback requirements, and whether any road or infrastructure reservation affects the parcel.

4.2.6 Collateral Registry Search

A search at the Collateral Registry is increasingly important to identify any personal property security interests registered against the vendor or the property. Financial institutions register their charges here in addition to the Lands Commission.

4.2.7 Court Search

A search at the High Court and Fast Track Court is advisable to identify any pending litigation, court orders, or injunctions affecting the property or the vendor.

4.3 Phase 2: Instrument Preparation

Upon satisfactory completion of due diligence, the transaction proceeds to instrument preparation. The type of instrument depends on the nature of the transaction:

All instruments must be prepared by a licensed lawyer enrolled at the Ghana Bar Association. The Land Act, 2020 (Section 5) requires instruments to be in writing, signed by the parties, witnessed by two persons, and contain a sufficient description of the land.

4.4 Phase 3: Execution and Consent

4.4.1 Execution of the Instrument

The instrument must be executed (signed) by all parties in the presence of at least one witness per party. For corporate entities, the company secretary or authorized signatories must execute under the company seal, and board resolutions must be obtained and attached.

4.4.2 Concurrence of Traditional Authorities (Stool Land)

For stool or skin land transactions, the concurrence clause must include the signature and stamp of the Paramount Chief or authorized representative, countersigned by the OASL regional manager. This is essential for valid title.

4.4.3 Minister’s Consent (Government/Vested Land)

Where land is government-acquired or vested, the instrument must be submitted to the Lands Commission for the Minister of Lands and Natural Resources’ consent. Without this consent, the transaction is unenforceable.

4.5 Phase 4: Stamp Duty Assessment and Payment

All instruments effecting a change in land ownership must be stamped before registration. The process involves:

• Submission to the Lands Valuation Division (LVD) for market valuation.
• LVD issues a valuation certificate stating the property’s market value.
• Instrument taken to the Ghana Revenue Authority (GRA) for stamp duty computation.
• Payment of stamp duty at the designated bank and collection of receipt.
• Return to GRA for physical stamping (embossing) of the instrument.

4.6 Phase 5: Registration

4.6.1 Registration at the Land Title Registry (LTR)

In Title Registration Districts (primarily Greater Accra), instruments must be registered at the LTR. Steps include: lodgement with supporting documents, assignment of a Lodgement Number, examination by LTR examiners, mapping onto the cadastral index, publication in the Land Title Registration Gazette (30-day objection period for first registration), and issuance of the Land Certificate. A Land Certificate is conclusive proof of ownership, protected against adverse claims except in cases of fraud.

4.6.2 Registration at the Deeds Registry

In non-Title Registration areas, instruments are registered at the Deeds Registry. Unlike Title Registration, deeds registration does not guarantee title – it provides notice of the transaction. Priority among competing instruments is determined by the date of registration. Each registered deed is assigned a volume and folio number.

4.6.3 Lodgement Fees and Official Charges

4.7 Phase 6: Post-Registration Procedures

After registration is complete:

• Collect the Land Certificate (LTR areas) or the registered instrument with registration particulars (deeds areas).
• File original registered documents in a secure location (fireproof safe, bank safe deposit, or secure digital archive).
• Register the new owner with the District Assembly for property rate assessment purposes.
• Notify utility providers (GWCL, ECG) of change of ownership to transfer utility accounts.
• If mortgaged, deliver the Land Certificate to the mortgagee for safekeeping until the loan is repaid.
• Endorse the OASL stool land registers (if applicable) with the new registered details.

5. Documentation Requirements

5.1 Documents Required for Official Land Search

• Completed official search application form
• Proof of identity of the applicant (national ID, passport, or voter’s card)
• Authorization letter if searching on behalf of a client
• Site plan or indenture plan (if available) to facilitate parcel identification
• Property address and/or plot number
• Payment receipt for search fees

5.2 Documents for Instrument Registration

• Original executed and stamped instrument (at least 3 copies recommended)
• Duly certified site plan from a licensed surveyor, bearing SMD stamp
• Evidence of stamp duty payment (GRA stamping on the instrument)
• Proof of consent (Minister’s consent letter or OASL concurrence, where applicable)
• Completed instrument registration form
• National IDs/passports of all parties
• Birth certificate or letter of administration (for estate transactions)
• Board resolutions and certificate of incorporation (for corporate transactions)
• Previous title documents in the chain of title
• Marriage certificate or statutory declaration (for spousal consent compliance)

5.3 Specific Documentation for Different Transaction Types

6. Tax Obligations in Land Transactions

Land transactions in Ghana trigger multiple tax obligations affecting both vendors and purchasers. A complete verification process must account for all applicable taxes to avoid post-transaction liability. The Ghana Revenue Authority (GRA) administers all land-related taxes.

6.1 Stamp Duty

Stamp duty is the primary transaction tax and must be paid before registration. It is computed on the market value of the property as determined by the Lands Valuation Division (LVD). The current rates are:

Penalty for late stamping: 5% surcharge per month on unpaid stamp duty. Instruments not stamped within 30 days of execution are subject to escalating penalties.

6.2 Capital Gains Tax (CGT) – Vendor’s Obligation

The vendor in a land sale is subject to Capital Gains Tax on the gain realized from the sale. Under the Income Tax Act, 2015 (Act 896), capital gains on land and buildings are taxed at a flat rate of 15% on the net gain (sale price minus acquisition cost and allowable improvement expenses).

Key considerations for CGT in land verification:

• The vendor must declare the sale to the GRA and pay CGT before or concurrently with stamp duty.
• A CGT clearance certificate from the GRA is increasingly required by lawyers before completing a transaction, as evidence that the vendor’s tax obligations are settled.
• Failure to pay CGT does not affect the validity of the title transfer but exposes the vendor to enforcement action by the GRA, including potential liens on other assets.
• Exemptions exist for certain transfers (e.g., transfers between spouses, transfers by inheritance, and transfers by a company to its wholly-owned subsidiary), but these must be confirmed with GRA before proceeding.

6.3 Withholding Tax on Rental Income (Investment Properties)

Where the property being purchased is a rental or commercial property, the purchaser (if a business entity) may be required to withhold 8% of rental payments as withholding tax and remit this to the GRA on behalf of the vendor-landlord. This obligation begins immediately upon taking possession and must be factored into property investment calculations.

6.4 Property Rate (Annual Local Tax)

Property rate is an annual charge levied by the District Assembly on all properties within its jurisdiction. It is based on the rateable value of the property as determined by the LVD. After completing a land title verification and taking ownership:

• The new owner must register the property with the District Assembly’s Revenue Department.
• The LVD or the District Assembly’s own valuation officer will assess the rateable value.
• Property rate is typically paid annually and failure to pay can result in enforcement proceedings.
• In Greater Accra, the District Assembly’s property rate database should be checked during due diligence to confirm there are no outstanding unpaid rates on the property, as these may constitute a charge on the land.

6.5 VAT on Commercial Property Transactions

Value Added Tax (VAT) at 15% applies to commercial property transactions where the vendor is a VAT-registered entity. This typically applies to: developers selling newly constructed commercial properties, real estate companies selling developed plots, and lessors of commercial premises. During verification, buyers should confirm whether the vendor is VAT-registered and whether VAT is applicable to the specific transaction, as this significantly affects the total transaction cost.

6.6 Summary of Tax Obligations by Party

7. Regional Variations in the Verification Process

The land title verification process in Ghana is not uniform across all regions. Significant procedural, institutional, and customary variations exist between the Greater Accra Region and other parts of the country. Practitioners operating outside Accra must understand these regional differences to conduct effective due diligence.

7.1 Greater Accra Region

Greater Accra is the most developed region for formal land administration. It is the primary Land Title Registration District under PNDCL 152, meaning all land transactions in the region are subject to compulsory title registration (as opposed to mere deeds registration). The eLAS digital platform is most fully operational here. The Lands Commission Headquarters in Accra handles the most complex transactions and has the most experienced staff. Nonetheless, Greater Accra has the highest incidence of land fraud, double-allocation, and competing customary claims, particularly in fast-growing peri-urban areas like Kasoa, Pokuase, Weija, and Adenta.

7.2 Ashanti Region

The Ashanti Region has the second most developed land administration infrastructure. The Kumasi One-Stop-Shop is operational, and the Asantehene’s Land Secretariat (ALS) – one of the best-resourced CLS in Ghana – maintains digitized records of stool land allocations within the Kumasi metropolitan area. Practitioners in Ashanti must: seek confirmation from the ALS before finalizing any stool land transaction, be aware that the Asantehene (as paramount chief) holds allodial title over a vast area and his office’s records take precedence over other documentation, and note that leasehold terms in Kumasi are often standardized by the ALS at 99 years for residential land. Disputes over boundaries between Kumasi city stool lands and periurban villages are common and require particularly careful site inspection.

7.3 Northern, Upper East, and Upper West Regions

Land administration in the Northern Regions is governed primarily by the “Skin” system (equivalent to the Stool system in the south). Key differences include: land is generally allocated by the Skin (traditional authority) through the village head (Tendana or Earth Priest) and the Chief, rather than through the formal CLS system which is less developed here; the Lands Commission’s regional presence is weaker, with longer processing times for registration; most transactions in rural northern areas are informal, with very limited formal registration. Buyers seeking to invest in the Northern Regions should engage local lawyers with specific expertise in the applicable customary land system.

7.4 Volta Region

The Volta Region has a mixed customary system influenced by both Ewe and Anlo traditions in the south and Akan traditions in some northern parts. Coastal and riverine areas are subject to additional regulations under the Water Resources Commission Act and may require Water Resources Commission clearance for land near river bodies, the Volta Lake, or its tributaries. The Ho Lands Commission office handles formal registrations, but its digital infrastructure lags behind Accra and Kumasi.

7.5 Western Region

The Western Region is significant for land verification due to large-scale cocoa farming, oil and gas activities (onshore and offshore-adjacent), and artisanal and small-scale mining (galamsey). Key verification considerations include: confirmation that the land is not within a mining concession area (search with the Minerals Commission), environmental restrictions for land near offshore facilities or petroleum infrastructure (search with the Petroleum Commission and EPA), and cocoa farm boundaries which are often established through customary oral agreements and may not correspond to formal surveys. The Takoradi Lands Commission office handles formal registrations for the Western Region.

7.6 Central Region

The Central Region has a complex mix of Fante and Akan customary tenure systems. Areas around Cape Coast and Elmina have historical land records going back to the colonial era that must be carefully reviewed. Land near the coast is subject to restrictions under the Ramsar Convention (wetlands) and coastal zone regulations administered by the EPA. Buyers of agricultural land in the Central Region must confirm the land is not within a forest reserve.

7.7 Summary: Registration System by Region

8. Special Considerations and Complex Scenarios

8.1 Verifying Title in Disputed Areas

Certain areas in Ghana are characterized by chronic land disputes – notably parts of Greater Accra (particularly Weija, Kasoa, and Pokuase), Kumasi’s peri-urban fringes, and lands along the Gulf of Guinea coastline. In these areas, enhanced due diligence is necessary:

• Obtaining a statutory declaration from the vendor and at least two independent witnesses attesting to undisturbed possession for at least 12 years.
• Conducting community-level inquiries with neighbors, local opinion leaders, and community members to confirm the absence of competing claims.
• Engaging a professional land consultant or title investigator familiar with the specific area’s history.
• Checking court records for any pending or historical land litigation involving the property or the vendor.

8.2 Verification of Leasehold Title

For leasehold properties, verification must additionally confirm: the unexpired term of the lease, renewal conditions, compliance with head lease covenants (particularly use restrictions), evidence that ground rent has been paid to date, whether the landlord’s title has been separately verified, and whether sub-leasing is permitted under the terms of the head lease.

8.3 Corporate Land Transactions

Where a corporation is a party, additional verification steps are required: confirm the company’s active status at the Registrar General’s Department, confirm property-owning capacity in the company’s Objects Clause, check for winding-up petitions or receivership orders, and note that non-citizen companies may only hold leasehold (not freehold) for a maximum of 50 years, renewable once.

8.4 Foreign National and Non-Citizen Restrictions

The Constitution of Ghana (Article 266) expressly prohibits non-citizens from holding freehold land. Non-citizens (individuals and companies) may only hold land under a lease for a maximum initial term of 50 years, renewable once for a further 25 years. Any purported freehold transfer to a non-citizen is void ab initio.

8.5 Agricultural and Forestry Reserve Land

Land adjacent to forest reserves, river basins, coastal zones, or designated wildlife areas requires additional regulatory verification by the Forestry Commission, Water Resources Commission, and EPA. Any development activity requires an Environmental Impact Assessment (EIA), and the parcel must be confirmed to be outside any legally designated buffer zone.

8.6 Estate and Succession Land

Land forming part of a deceased person’s estate requires probate or letters of administration before transfer. For intestate estates, the Intestate Succession Act, 1985 (PNDCL 111) governs distribution. Verification must confirm that the estate administration is properly constituted and that the personal representative has legal authority to convey.

8.7 Mortgage Discharge and Verification of Prior Mortgage Release

When purchasing a previously mortgaged property, it is essential to confirm that the mortgage has been properly discharged from the title – not merely that the seller claims to have repaid the loan. A proper discharge requires the following steps, all of which must be verified:

• The mortgagee (bank or lender) must execute a Deed of Release or Deed of Discharge, signed by authorized bank officers.
• The Deed of Release must be stamped (nominal stamp duty applies) at the GRA.
• The stamped Deed of Release must be lodged at the Lands Commission for registration, with a note endorsed on the title removing the mortgage from the Encumbrances Register.
• A fresh official search must be conducted AFTER the registration of the Deed of Release to confirm the mortgage no longer appears on the title.
• In Title Registration areas, the Land Certificate should be updated (or a new Certificate issued) reflecting the removal of the encumbrance.

8.8 Land Banking and Speculative Purchases of Undeveloped Land

Purchasing undeveloped land for investment or future development (commonly called “land banking”) is a widespread practice in Ghana’s peri-urban markets. While potentially profitable, it carries specific risks that must be addressed in the verification process:

• Adverse possession risk: Undeveloped land left unmonitored can be encroached upon by squatters or neighboring landowners. The Limitations Act provides that long-term undisturbed possession can eventually give rise to competing rights.
• Multiple allocation risk: Peri-urban undeveloped parcels are among the most frequently subject to double or triple allocation by different customary authorities, all claiming jurisdiction.
• Planning blight: Future road reservations, utility corridors, or conservation zones may be declared over undeveloped land, restricting future development. A planning search at TCPD is essential.
• Infrastructure absence: Undeveloped parcels may lack road access, electricity, water, or sewerage connectivity. Development feasibility must be confirmed with the relevant utility providers.
• Carrying costs: Property rate and ground rent are payable even on undeveloped land. Buyers must budget for these recurring costs during the holding period.
• Caretaker/Agent risk: Appointing informal caretakers to “watch” undeveloped land creates the risk of caretakers claiming ownership rights after extended periods.

9. Power of Attorney in Land Transactions

A Power of Attorney (POA) is a legal document by which a person (the Principal or Donor) authorizes another person (the Attorney or Donee) to act on their behalf in legal and financial matters. In land transactions, POAs are commonly used by diaspora buyers, hospitalized or incapacitated owners, elderly persons, corporate officers acting on behalf of companies, and parties unable to attend Ghana for execution or completion of transactions.

9.1 Types of Power of Attorney

9.2 Requirements for a Valid POA in Ghana

A Power of Attorney to be used in land transactions in Ghana must meet the following requirements under Ghanaian law:

• In writing: The POA must be a written document setting out clearly the powers granted, the identity of the principal and attorney, and the specific or general scope of authority.
• Executed before a Commissioner for Oaths or Notary Public: The principal must sign the POA in the presence of a qualified witness – in Ghana, this is a Commissioner for Oaths. If the principal is abroad, they must sign before a Notary Public in the country of their residence.
• Stamping: The POA must be stamped with the appropriate stamp duty at the GRA. An unstamped POA is inadmissible as evidence.
• Attestation and description: The document must contain a full description of the identity of both the principal and the attorney (name, address, date of birth, ID numbers).
• Clear specification of powers: For land transactions, the POA must specifically state the powers granted – e.g., “to purchase, execute conveyances, sign and register instruments affecting land located at [description]”.

9.3 Executing a POA from Abroad (Diaspora Process)

For Ghanaians in the diaspora or foreign principals executing a POA to be used in Ghana, the following steps are required:

• Draft the POA with the assistance of a Ghanaian lawyer who will eventually use it, to ensure it conforms to Ghanaian requirements.
• The principal signs the POA before a Notary Public in their country of residence. The Notary Public’s signature and seal must be affixed.
• Apostille Certification: If the country of execution is a signatory to the Hague Apostille Convention, the document must be apostilled. This authenticates the Notary Public’s signature for use in other signatory countries. Ghana is a signatory to the Hague Convention.
• If the country of execution is NOT an Apostille Convention signatory, the document must be authenticated through: (a) the Ministry of Foreign Affairs of the executing country, (b) the Ghanaian Embassy or High Commission in that country, and (c) the Ministry of Foreign Affairs of Ghana in Accra.
• On arrival in Ghana, the apostilled/authenticated POA must be stamped at the GRA (Domestic Tax Revenue Division, Stamp Duty Unit).
• The stamped POA may then be presented to the Lands Commission and other institutions as authority for the attorney to act on behalf of the principal.

9.4 Revocation of Power of Attorney

A POA (unless irrevocable) may be revoked at any time by the principal by executing a Deed of Revocation. The Deed of Revocation must be: executed before a Commissioner for Oaths or Notary Public, stamped, and served personally on the attorney and any third parties who have been dealing with the attorney in reliance on the POA. For land transactions, the Deed of Revocation should also be lodged at the Lands Commission to create a public record that the former attorney no longer has authority.

10. Gender Rights and Vulnerable Groups in Land Transactions

Ghana’s Land Act, 2020 (Act 1036) introduced landmark provisions specifically designed to protect the land rights of women, spouses, children, persons with disabilities, and other vulnerable groups. These provisions are not merely aspirational – they create enforceable rights and, where ignored, can render transactions voidable. Any party conducting land title verification must be aware of and comply with these protections.

10.1 Spousal Consent and Matrimonial Property

Section 14 of the Land Act, 2020 provides that a spouse cannot alienate (sell, gift, mortgage, or lease) land that constitutes the matrimonial home without the written consent of the other spouse. This applies regardless of whether the land is registered in one spouse’s name alone. Key implications for verification:

• During due diligence, the vendor’s marital status must be confirmed. If the vendor is married, spousal consent documentation must be obtained and attached to the instrument.
• Spousal consent must be in writing, signed by the consenting spouse before a Commissioner for Oaths or two witnesses, and should be stated in a Statutory Declaration or a specific Consent Clause on the face of the instrument.
• A transaction affecting the matrimonial home without spousal consent is voidable at the instance of the non-consenting spouse, even against a purchaser who was unaware of the marriage.
• The Land Act defines “matrimonial home” broadly to include land on which the family home is built, regardless of how the land was originally acquired.

10.2 Women’s Inheritance and Succession Rights

Historically, women in Ghana – particularly under matrilineal customary systems – faced barriers to inheriting land from their husbands. The Intestate Succession Act, 1985 (PNDCL 111) significantly reformed this by providing that a surviving spouse and children of an intestate are entitled to the “house property” and a share of all other property, regardless of family objections. Under Land Act 2020 further protections include:

• A widow or widower may not be evicted from the matrimonial home following the death of a spouse, without proper legal process.
• Customary practices that purport to divest a woman of her land rights upon widowhood (so-called “widow inheritance” or property grabbing) have no legal force under Ghanaian statute.
• Women have equal capacity to acquire, own, manage, and dispose of land in Ghana – any customary restriction purporting to limit a woman’s right to own land is void to the extent of its inconsistency with the Constitution and the Land Act.

10.3 Children and Minor Beneficiaries

Land held in trust for minor children (under 18 years) requires special handling in verification:

• A minor cannot enter into a valid land contract; any purported sale of land by a minor is voidable.
• Where land is held on trust for a minor, the legal guardian or trustee named in a will or court order is the authorized party to transact, and their authority must be verified.
• Land forming part of a deceased parent’s estate that is to be inherited by minor children must be preserved by the personal representative (executor or administrator) until the children attain majority.
• Courts may appoint guardians ad litem where land transactions affect the interests of minors in disputed proceedings.

10.4 Persons with Disabilities

The Persons with Disability Act, 2006 (Act 715) and the Land Act, 2020 together prohibit discrimination against persons with disabilities in land transactions. A person with a physical or mental disability retains full legal capacity to own and transact in land, provided they have legal capacity. For persons who lack mental capacity (e.g., due to severe cognitive impairment), a court-appointed guardian or the Public Trustee may act on their behalf. Verification of such transactions must include confirmation of the court order or guardianship appointment.

10.5 Customary Land Rights of Women – Northern Ghana

In northern Ghana, customary land tenure systems have historically placed women in a weaker position regarding land rights, with land typically held by men and passed through patrilineal succession. The Land Act, 2020 directly addresses this by:

• Requiring all government land allocation programs to give equal treatment to women applicants.
• Prohibiting customs that prevent women from inheriting or using family land.
• Directing CLS institutions to maintain records of women land rights holders and to facilitate registration of women’s interests.

Practitioners conducting verification in northern Ghana should confirm that female vendors or female members of the family who have customary rights over the land have been consulted and their consent obtained, even where they are not the formal title holder.

10.6 Checklist for Gender and Vulnerable Group Compliance

11. Challenges and Common Pitfalls

11.1 Fraudulent Transactions

Land fraud is a persistent challenge. Common schemes include double allocation (selling the same parcel to multiple buyers), identity fraud (impersonation using forged ID documents), forged documents (counterfeit site plans, consent letters, land certificates), land guards (extortionate interference by unauthorized claimants), and fabricated Land Certificates.

11.2 Incomplete Chain of Title

Gaps in the chain of title – where ownership cannot be traced because instruments were not registered – are a significant challenge. Under the deeds registration system, a prudent purchaser should investigate title going back at least 15 years. Where gaps exist, statutory declarations from reputable witnesses, long possession evidence, and community verification must fill the gap.

11.3 Overlapping Land Grants

The same parcel may have been allocated by multiple customary authorities in boundary areas between different stools or skins. Resolving such disputes requires engagement of the National or Regional House of Chiefs, or ultimately the High Court.

11.4 Institutional Capacity Constraints

Despite reforms, challenges persist: inadequate digitization of historical records (pre-1985 records remain largely paper-based), slow processing times in peak periods, inconsistent application of procedures across regional offices, and incomplete integration between the LTR and Deeds Registry systems.

11.5 Customary Tenure Insecurity

In customary areas, the absence of written records means oral allocations, customary succession rules, and community memory determine rights. Buyers of customary land must engage extensively with community members, rely on CLS records, and consider requiring the vendor to obtain a formal written allocation paper from the CLS before proceeding.

12. Land Use, Building Permits, and Development Approvals

Verifying land title is only the first step for buyers who intend to develop or construct on the land. After a successful title verification and registration, the following planning and development approvals must be obtained before any construction commences. Attempting to build without these approvals risks demolition orders and criminal sanctions.

12.1 Zoning and Land Use Confirmation

Before purchasing land for development, the buyer must confirm at the Town and Country Planning Department (TCPD) or the District Assembly’s Physical Planning Department that:

• The land is zoned for the intended use (residential, commercial, industrial, mixed-use, agricultural).
• No road widening, infrastructure reservation, or development restriction affects the parcel.
• The density and plot coverage permitted under the zoning scheme is compatible with the buyer’s intended development.
• Any specific planning conditions (e.g., heritage zone restrictions, airport zone height limits) are identified.

12.2 Development Permit

A Development Permit (also called Planning Permit) from the District Assembly is required before any building work or change of land use. It is issued by the Physical Planning Department and confirms that the proposed development conforms to the applicable planning scheme. The application must include:

• Completed Development Permit application form
• Site plan showing the parcel and its location in the broader area
• Architectural drawings of the proposed development
• Structural engineer’s report (for buildings of more than one storey)
• Environmental assessment report or Environmental Impact Assessment (EIA) where required
• Evidence of land title (Land Certificate or registered instrument)
• Building setback compliance statement

12.3 Building Permit

A Building Permit from the District Assembly authorizes actual construction and is distinct from the Development Permit. Before issuance, the Building Permit Authority will inspect the site and confirm compliance with the National Building Regulations, 1996 (LI 1630). Building Permits are required for: new construction, extensions to existing buildings, change of use, demolition of existing structures, and fencing above a specified height. Construction without a Building Permit is an offence under the Local Government Act and the National Building Regulations.

12.4 Environmental Impact Assessment (EIA)

Under the Environmental Assessment Regulations, 1999 (LI 1652), certain categories of development require an EIA from the Environmental Protection Agency (EPA) before commencement. These include large-scale residential developments (over 50 units), all commercial and industrial developments above a defined threshold, tourism facilities, developments near wetlands or forest reserves, and oil and gas infrastructure. An Environmental Permit issued by the EPA is required before construction. Failure to obtain an EIA where required is both a criminal offence and grounds for demolition of the development.

12.5 Utility Connections

After obtaining the necessary planning and building approvals, the following utility connection approvals should be pursued as early as possible in the development process:

• Ghana Water Company Limited (GWCL): Application for water connection, including payment of connection fees and laying of service pipes.
• Electricity Company of Ghana (ECG) or Northern Electricity Distribution Company (NEDCo): Application for electrical connection, including payment of connection fees.
• Ghana National Gas Company: For industrial or commercial developments requiring gas supply.
• District Assembly: Notification of new building for waste management and sanitation assessment.

12.6 Certificate of Occupancy

Upon completion of construction, the District Assembly will inspect the building and issue a Certificate of Occupancy (also called Certificate of Completion) confirming that the building has been constructed in conformity with the approved plans and building regulations. The Certificate of Occupancy is required for: occupation and use of the building, insurance of the building, mortgage of the completed building, and sale of the completed property to future buyers. Failure to obtain a Certificate of Occupancy can complicate future title verification by subsequent buyers.

13. Digital Transformation and Reform Initiatives

13.1 Electronic Land Administration System (eLAS)

The Lands Commission has deployed the Electronic Land Administration System (eLAS) to digitize land records and enable online service delivery. Through eLAS, users can conduct initial land searches online, track application status, pay fees electronically, and access digital copies of registered instruments. As of 2025, eLAS is fully operational in Greater Accra and is being rolled out to Ashanti and Western Regions.

13.2 Digital Cadastre and GIS Integration

The Survey and Mapping Division has digitized over 200,000 cadastral parcels in Greater Accra. Integration with Geographic Information System (GIS) platforms enables spatial analysis of land parcels, identification of encroachments, and automatic boundary checks during registration. The Parcel-Based Land Information System (PBLIS) serves as the central spatial database.

13.3 QR-Coded Land Certificates

Since 2022, the Lands Commission has introduced QR-coded Land Certificates enabling instant online verification of document authenticity by scanning with a mobile phone. This significantly reduces the risk of fraudulent Land Certificates.

13.4 Customary Land Secretariat Digitization

Under LAP-2 and its successor programs, World Bank and Government of Ghana funding has supported digitization of CLS records in over 40 traditional councils, allowing cross-referencing of customary allocations with the formal registry and reducing the risk of double allocation.

13.5 Land Act 2020 Reforms

The Land Act, 2020 introduced: mandatory spousal consent for all transactions involving matrimonial home or family property, criminalization of unauthorized construction on encumbered land, an Alternative Dispute Resolution (ADR) mechanism within the Lands Commission, and stronger penalties for fraudulent land documentation (up to 5 years imprisonment).

13.6 One-Stop-Shop Service Delivery

One-Stop-Shop service centers in Accra, Kumasi, and Takoradi allow multiple services (search, valuation, registration, consent) to be accessed under one roof, reducing the time and cost of the verification process. Processing times have been reduced to an average of 45 days from the previous 90-120 days.

14. Verification for Specific Purposes

14.1 Mortgage Due Diligence (Banks and Lenders)

Financial institutions conducting mortgage due diligence typically require: an independent valuation report from a registered valuer, an official search certificate dated no more than 3 months from loan disbursement, a full chain of title review going back at least 15 years, confirmation of no adverse possessory claims, and in some cases, a title insurance policy.

14.2 Real Estate Development Projects

Developers acquiring land for residential or commercial projects must conduct extensive multi-level verification covering environmental clearances, development permits, infrastructure feasibility, community engagement, and resettlement assessments.

14.3 Diaspora Purchases

Diaspora buyers face particular challenges including inability to physically inspect the property, reliance on local agents, and vulnerability to fraud. For diaspora buyers: engage a reputable law firm with a clear mandate and accountability structure, use the eLAS platform for remote tracking, insist on in-person inspection by a trusted local representative, execute a specific (not general) Power of Attorney, and document all transactions through formal banking channels.

14.4 Investor and Commercial Transactions

High-value commercial land acquisitions, particularly in mining, oil and gas, or large-scale agriculture, must additionally cover compliance with sector-specific licensing requirements (Minerals Commission, Petroleum Commission), environmental and social impact requirements, community benefit-sharing obligations, and restrictions under the Investment Promotion Centre Act.

15. Dispute Resolution in Land Title Matters

15.1 Administrative Resolution

The Lands Commission has an internal dispute resolution mechanism for objections filed during LTR registration. Objections must be filed within 30 days of Gazette publication, and the Commission holds a hearing at which both parties may present evidence. The Commission’s decision may be appealed to the High Court.

15.2 Alternative Dispute Resolution (ADR)

The Land Act, 2020 provides for ADR – including mediation and arbitration – as the preferred first resort for land disputes. The Lands Commission ADR Centre facilitates mediated resolution of boundary, ownership, and encumbrance disputes. ADR proceedings average 30-90 days and are less expensive than litigation.

15.3 Judicial Resolution

Land disputes that cannot be resolved through administrative or ADR mechanisms are referred to the High Court (Land Division in Accra and Kumasi), which has exclusive jurisdiction over title disputes, injunctions, and enforcement of land rights. Appeals lie to the Court of Appeal and ultimately the Supreme Court.

15.4 Customary Resolution

For disputes within the customary domain, traditional councils serve as the primary dispute resolution forum. Decisions may be enforced through the formal courts if reduced to a written agreement or court order.

16. Roles and Responsibilities Summary

17. Best Practices and Recommendations

17.1 For Individual Buyers

• Always engage a licensed Ghanaian lawyer – never conduct a land purchase without professional legal advice.
• Insist on an official search directly from the Lands Commission – never rely solely on documents produced by the seller.
• Visit the land in person at different times of day to observe activity, boundaries, and neighboring claims.
• Meet neighbors and adjacent landowners to confirm the vendor’s ownership and the boundaries.
• Request the full chain of title (all historical instruments) and have your lawyer review it.
• Verify the vendor’s CGT status and confirm any outstanding property rates before completion.
• Never pay the full purchase price before registration is complete – use an escrow arrangement where possible.
• Verify any Land Certificate using the QR code verification service at the Lands Commission website.
• Keep certified copies of all documents in a secure, separate location from the originals.

17.2 For Corporate Buyers and Developers

• Conduct multi-layered due diligence covering formal registry, customary records, planning, environmental, and corporate searches.
• Engage environmental and social impact consultants at the earliest stage of acquisition.
• Budget for all applicable taxes (stamp duty, CGT on vendor’s side, VAT if applicable, property rate going forward).
• Establish a clear land acquisition policy and budget that accounts for community engagement and resettlement costs.
• Consider title indemnity insurance for high-value transactions in disputed areas.
• Maintain a dedicated land management register documenting all parcels, lease terms, encumbrances, and renewal dates.

17.3 For Diaspora Buyers

• Engage a reputable law firm in Ghana and establish a specific (not general) Power of Attorney only after thorough background checks.
• Authenticate the POA properly through a Notary Public and the Apostille process before use in Ghana.
• Request video documentation of site visits and physical inspections.
• Use formal banking channels for all payments and request official receipts from the vendor.
• Verify the lawyer’s practicing certificate through the Ghana Bar Association website.
• Avoid “off-plan” purchases without verified and registered site plans.

18. Timeline and Cost Summary

19. Conclusion

The Ghana land title verification process, while comprehensive and multi-layered, is essential for ensuring that property rights are secure, transparent, and legally enforceable. The system has been significantly strengthened through legislative reforms (particularly the Land Act, 2020), institutional consolidation under the Lands Commission, and digital transformation initiatives.

This expanded guide has addressed all key dimensions of the verification process: legal frameworks, institutional actors, step-by-step procedures, documentation, tax obligations across the full transaction lifecycle, regional variations across Ghana’s diverse tenure landscape, gender and vulnerable group protections, Power of Attorney processes for diaspora and remote buyers, mortgage discharge verification, land banking risks, the building permit and development approval continuum, digital tools, and dispute resolution mechanisms.

A verified, registered title is not merely a piece of paper – it is the strongest form of property security available in Ghana’s legal system. All parties are strongly encouraged to engage the formal verification system fully, make use of available digital tools, comply with all tax obligations, and not take shortcuts that expose them to risk.

Annex A: Key Contacts and Resources

Annex B: Glossary of Key Terms

Annex C: Master Due Diligence Checklist

This checklist is intended to be used by lawyers, buyers, and lenders as a working tool throughout the land title verification process. Tick each box as the action is completed. This checklist does not substitute for professional legal advice.

Phase 1: Pre-Purchase Searches

Ownership and Registry Searches:

• Official land search conducted at the Lands Commission (LTR or Deeds Registry)
• Search certificate obtained and reviewed by lawyer
• CLS search conducted at the relevant Customary Land Secretariat
• OASL verification conducted (for stool land)
• Collateral Registry search conducted
• High Court and Fast Track Court search conducted
• Registrar General’s Department company search (for corporate vendor)

Physical and Planning Verification:

• Physical site inspection conducted with licensed surveyor
• Site plan obtained and verified against physical boundaries
• Zoning / land use confirmed at TCPD or District Assembly
• Road reservation check completed at Physical Planning Department
• Environmental restriction check completed (if near water body, forest, or coast)
• Minerals Commission check completed (if in mining-prone area)

Identity and Ownership Verification:

• Vendor’s identity confirmed (national ID, passport)
• Marital status of vendor confirmed
• Spousal consent obtained or confirmed not required
• Chain of title reviewed back at least 15 years
• All prior instruments in chain of title obtained and reviewed
• Neighbors interviewed to confirm vendor’s ownership and boundaries

Phase 2: Instrument Preparation

• Correct type of instrument identified and drafted by licensed lawyer
• All parties to the instrument correctly identified
• Land description in instrument matches site plan
• Spousal consent clause included where applicable
• Family concurrence clause included where applicable (family land)
• Corporate board resolutions obtained where applicable
• POA reviewed and confirmed current and valid (if acting under authority)

Phase 3: Execution and Consent

• Instrument executed by all parties before witnesses
• OASL concurrence obtained and endorsed on instrument (stool land)
• Minister’s consent obtained (government/vested land)
• Power of Attorney authenticated and stamped (if applicable)

Phase 4: Tax Compliance

• LVD valuation obtained
• Stamp duty computed by GRA
• Stamp duty paid and instrument physically stamped
• Vendor’s CGT obligation confirmed or CGT clearance certificate obtained
• VAT applicability confirmed (commercial/developer transactions)

Phase 5: Registration

• All documents compiled for lodgement
• Instrument lodged at Lands Commission (LTR or Deeds Registry)
• Lodgement number obtained and noted
• Registration status tracked via eLAS or in person
• Any requisitions or queries from examiners responded to
• Land Certificate collected (LTR) or registered deed returned (Deeds)

Phase 6: Post-Registration

• Land Certificate / registered instrument filed in secure location
• New ownership registered with District Assembly (property rate)
• Utility accounts (ECG, GWCL) transferred to new owner’s name
• Mortgage lender notified and Land Certificate deposited with lender (if mortgaged)
• OASL stool land register updated (if applicable)
• Development and Building Permit applications initiated (if intending to develop)

Annex D: Land Title Verification – Process Decision Flowchart

The following decision tree guides practitioners through the key branch points in the land title verification process. Each decision point determines the path and additional steps required.

▼

▼ Does the search reveal a registered title?

▼ What type of land is it?

▼ Is the vendor’s identity confirmed and marital status checked?

▼ Is the purchaser a Ghanaian citizen or non-citizen?

▼ Is there a prior mortgage / encumbrance on the title?

▼

▼

▼

▼

▼

Note: This flowchart represents the primary decision paths. Complex transactions (e.g., estate land, corporate acquisitions, disputed areas, or development projects) will involve additional branch steps as described in the relevant sections of this document.