As Ghana’s real estate demand surges, landowners face increasing threats from encroachers, fraudulent sales, and litigation. Legal tools exist—but few use them effectively.
Ghana’s land ownership system—complicated by multiple sales, undocumented claims, and chieftaincy disputes—remains one of the most complex and risky parts of property investment. While land litigation dominates Ghana’s civil courts, legal experts say most landowners fail to take simple steps to secure their rights, leaving properties vulnerable to encroachment or fraudulent resale.
“The root of land disputes in Ghana often stems from poor documentation and failure to register interests properly,” said Ama Boafo, a real estate lawyer based in Accra. “People buy land and assume possession is enough. It’s not.”
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As real estate values in Accra, Kasoa, Kumasi, and other urban areas rise, so do cases of encroachment. Squatters, landguards, and even family members have exploited legal grey areas—especially where land lacks proper title registration under the Land Act, 2020 (Act 1036).
Register Your Land — Or Risk Losing It
The first and most critical step to land security is title registration. The Lands Commission has digitized much of its operations, but a significant number of landowners still operate under outdated systems. Under Act 1036, owners must move from a deed system to a title-based one—establishing legal proof of ownership enforceable in court.
“Title registration is not just formality—it is your strongest legal shield,” said Boafo.
Without it, land is easily resold by unscrupulous family heads or claimed by third parties in bad faith. Courts generally favour those with registered interests, not mere possession.
Install Fencing and Physical Boundaries
While legal documents matter, physical presence still plays a practical role. Erecting a fence or wall—clearly marked with beacons—is both a deterrent and a statement of possession. “Possession is nine-tenths of the law,” notes real estate consultant Kwabena Owusu. “You must be seen to be in occupation.”
Even temporary structures or consistent visits to the land may help prove ownership if contested.
Conduct a Land Search Before Purchase
To avoid future encroachment claims, prospective buyers must conduct a thorough land search at the Lands Commission, Stool Lands office, and relevant District Assembly. This confirms the rightful owner, litigation status, and whether the land is earmarked for state development.
Surprisingly, many buyers rely solely on the word of chiefs or family heads, ignoring red flags. “Due diligence is cheaper than litigation,” Owusu said.
Secure a Proper Indenture and Witnesses
A valid land transaction requires a signed indenture, witnessed by both parties, stamped by the Lands Commission, and accompanied by site plans. This prevents future disputes about terms of sale and boundaries.
Also critical is ensuring the seller has capacity—a concept rooted in customary land law. For stool lands, written consent from the Lands Commission is mandatory.
Injunctions and Court Orders
In the event of an encroachment, landowners can apply for an interlocutory injunction in court to halt development or occupation until the dispute is resolved. This legal order prevents the encroacher from claiming adverse possession or continuing unlawful activity.
Under Act 1036, Section 98 allows compensation and ejectment if wrongful occupation is proven.
Beware of Landguards and Informal Settlers
The use of landguards is illegal in Ghana under the Vigilantism and Related Offences Act, 2019 (Act 999). However, many landowners resort to them when police responses are slow or inadequate.
Legal experts advise against this. Instead, owners should file complaints with the Police CID’s Property Fraud Unit or use private legal enforcement mechanisms through the courts.
Alternative Dispute Resolution (ADR)
For families or traditional authorities involved in land disputes, the ADR system provides a faster, less adversarial way to settle conflicts. The Land Act mandates ADR as a first step in most land disputes, particularly customary lands.
“ADR is underused but very effective, especially for family land disputes,” said lawyer Ama Boafo.
Bottom Line: Protect Before You Develop
In Ghana, land ownership is as much about legal preparedness as it is about physical presence. With rising land values and growing encroachment risks, protecting your land is no longer optional—it’s essential.
“Land is wealth,” Boafo concluded. “But only if the law recognizes you as the true owner.”
Last Updated on June 19, 2026 by Samuel Kwame Boadu
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Samuel Kwame Boadu is a Ghanaian media entrepreneur and storyteller with a passion for amplifying urban voices and uncovering everyday truths. He is the Editor-in-Chief and Founder of Accra Street Journal, a dynamic digital platform dedicated to capturing the pulse of Ghana’s capital—its people, culture, challenges, business, sports and innovations.
