Buying land in Ghana: important legal considerations before you pay

The questions to settle about title, boundaries and consents before any money changes hands.

Buying land can be one of the most significant financial decisions an individual or business makes. Unfortunately, the excitement of finding a desirable piece of land can sometimes cause prospective purchasers to overlook important legal questions.

The key principle is simple:

Do not allow the desire to acquire land to replace proper legal due diligence.

Investigate the interest being offered

Before paying substantial sums, a purchaser should understand what interest the person offering the land is claiming to have and whether that person has the legal authority to transact with the purchaser.

This is especially important where land may be connected to customary ownership, family interests, institutional ownership or other competing claims.

Ghana’s land system recognises different sources and forms of interests in land, and the legal consequences of a transaction depend on the nature of the interest involved.

Examine the documents

A purchaser should carefully examine documents relating to the land and the proposed transaction.

Depending on the circumstances, this may include:

the relevant land instrument;

site plans;

evidence of prior transactions;

searches;

identification of the parties;

relevant consents or approvals;

documentation concerning customary or family interests.

The particular documents required will depend on the transaction.

Investigate the property itself

Documents should not be considered in isolation.

The physical property should also be investigated.

Questions may include:

Where exactly is the land?

Does the site plan correspond with the physical location?

Is someone already occupying the property?

Is there existing construction?

Are there boundary disputes?

Are there competing claims?

These questions can be important because a transaction may appear straightforward on paper while problems exist on the ground.

Why due diligence matters

Land disputes can have consequences far beyond the initial purchase price.

A purchaser may invest additional money in construction or development only to discover that another person claims an interest in the property.

The IMF’s 2025 Governance Diagnostic Assessment for Ghana also highlights the importance of secure property rights and access to land for individuals and businesses.

Buying land should not be approached as merely a financial transaction. It is also a legal transaction. Before making a significant commitment, a purchaser should seek appropriate professional guidance, verify the relevant documents and investigate the property carefully.

The cost of proper due diligence may be small compared with the cost of resolving a serious land dispute later.

This article is for general information and does not constitute legal advice.