Accra:Prospective land buyers in Ghana are being advised to take specific precautions to safeguard their investments and avoid potential legal complications. Verification of ownership and legal status is crucial as it can prevent fraud, multiple sales, and costly legal battles.
According to Ghana Web, prospective buyers should conduct a search at the Lands Commission to understand the property's status. This includes determining if the land is state-owned or vested, and whether ownership interests have been registered. However, a search report alone may not reveal all competing claims, particularly if customary landowners have not registered their interests.
Buyers are encouraged to confirm the legitimate ownership of the land beyond assurances from individuals like chiefs or estate developers. Documentation supporting ownership claims is essential, especially for family and stool lands where disputes over leadership and ownership can arise.
It is also advised that buyers verify the seller's authority to sell the land. Simply possessing documents does not necessarily confer the right to sell. Understanding the seller’s capacity and whether additional legal authorizations are required is important, particularly for customary landholding groups.
Physical inspection of the site is necessary to ensure the land matches the site plan. Engaging a licensed surveyor to verify the boundaries can help avoid discrepancies. The Lands Commission emphasizes the importance of using authenticated site plans, which require approval from the Survey and Mapping Division.
Potential buyers should investigate any competing claims or legal restrictions associated with the land. If there are ongoing court cases or injunctions, legal advice should be sought before proceeding with any transactions.
Full payment should not be made before verifying the property’s legal status. Initial payments may be made during the verification process, but these should not replace thorough due diligence.
Finally, buyers should ensure transaction documents are properly prepared and complete the registration process. An indenture should accurately reflect the terms of the transfer and comply with legal requirements. Registration of the land interest is crucial, as possessing only a payment receipt does not suffice for legal documentation.