What encroachment means in law, why self-help makes things worse, and the documents a landowner should gather first.
Land is one of the most valuable forms of property in Ghana. Consequently, disputes concerning ownership, possession and boundaries can have significant financial and personal consequences.
One common problem faced by landowners and persons claiming an interest in land is encroachment.
Encroachment may arise where a person enters onto land claimed by another person, constructs a structure across a boundary, occupies a portion of another person’s land or otherwise interferes with another person’s interest in the property.
When a person discovers an alleged encroachment, the immediate reaction may be confrontation. However, a careful legal approach is often more appropriate.
The first question should be: What is the legal basis of my claim to the land?
The answer may depend on the manner in which the land was acquired and the documentation supporting the interest.
Relevant documents may include an indenture, site plan, allocation documents, receipts, searches, correspondence and other records relating to the acquisition. A person should therefore gather and preserve all relevant documentation before attempting to resolve a dispute.
Not every apparent encroachment is straightforward. In some cases, the parties may genuinely disagree about the location of the boundary.
A site plan or other survey evidence may therefore become important in establishing the position of the property.
A person should avoid relying solely on assumptions about where the boundary lies.
Where construction or occupation has already occurred, photographs, videos, correspondence and other records should be preserved.
It may also be useful to document when the alleged encroachment was discovered and what activities have taken place on the property.
Evidence can become particularly important if the dispute subsequently requires formal legal proceedings.
A land dispute can become more complicated when parties attempt to resolve it through confrontation, threats or force.
Ghana’s Land Act, 2020 (Act 1036) contains provisions addressing unlawful interference with land and provides legal mechanisms for a person with an interest in land to seek protection.
The appropriate response should therefore be determined by the circumstances and applicable law rather than emotion.
Aya Lex & Partners PRUC identifies land encroachment as one of the practical problems faced by individuals requiring legal assistance. The firm’s client profile describes a landowner seeking to protect ownership, recover possession of an encroached portion, prevent unauthorised construction and resolve the dispute lawfully.
This reflects an important principle: the purpose of legal assistance is not simply to start a lawsuit. It is first to understand the client’s position and determine the appropriate legal course.
Land disputes should be approached with evidence, documentation and legal clarity.
If you believe that your land has been encroached upon, obtain the relevant documents, preserve evidence and seek appropriate professional guidance before taking action.
At Aya Lex & Partners PRUC, we believe that legal solutions should be clear, practical and accessible.
This article is for general information and does not constitute legal advice.