What Lawyers Don’t Tell You About Land Transactions in Ghana

Introduction: The Quiet Part

You hire a lawyer. You pay the fees. You receive advice—polished, professional, reassuring. The indenture is drafted. The search is conducted. The documents are registered. You are told you are now a landowner.

But there are things your lawyer may not tell you. Not because they are dishonest, but because the truths are uncomfortable. Because they might make you hesitate. Because in a competitive market, lawyers who dwell on risks may lose clients to those who promise certainty.

This Accra Street Journal guide does not aim to undermine lawyers. It aims to supplement them. What follows are the critical truths that are often omitted from client consultations—not out of malice, but out of the natural human tendency to emphasise what can be done rather than what can go wrong.

Understanding these truths is not pessimism. It is the foundation of intelligent investment.

Truth 1: Registration Does Not Guarantee Title

The Misconception

Many buyers believe that once their deed is registered at the Lands Commission, their ownership is secure. This is dangerously incomplete.

The Legal Reality

The Supreme Court has settled the principle in John Kwadwo Bobie v. 21st Century Construction Co. Ltd: “registration of instruments affecting land under the Land Registry Act, 1962 (Act 122) is not a guarantee of title to the land where the person who is registered is not the true owner of the land” .

In Kwofie v. Kakraba, Archer J. explained: “The Lands Registry does not undertake investigation of title for parties. The registry merely registers a document registrable on delivery of particulars and on payment of the assessed fees” .

This means: registration puts the world on notice of your interest, but it does not mean the state has verified that your seller actually owned the land.

What This Means for You

• Your registered deed can be set aside if the seller lacked valid title

• The Lands Commission registers documents—it does not guarantee them

• Title registration (available only in Accra, parts of Kumasi, and Kasoa) offers stronger protection than deed registration

Why Lawyers May Not Emphasise This

Because telling a client that their registered deed might still be vulnerable creates anxiety. Because most transactions conclude without dispute. Because the law is complex and clients want simple answers.

What You Should Do

If you are in a title registration district (Greater Accra, parts of Kumasi, Kasoa), pursue a Land Title Certificate—not merely deed registration. Title registration provides an indefeasible title that is state-guaranteed. Section 111 of the Land Act, 2020 (Act 1036) makes the certificate conclusive evidence of the title held by the successful applicant .

Truth 2: Your “Freehold” Interest in Stool Land Is Illegal

The Misconception

Many lawyers will prepare documents granting you “freehold” interest in stool land, and the Lands Commission may even register them. This does not make it legal.

The Legal Reality

Section 9(2) of the Land Act, 2020 (Act 1036) states: “A person shall not create an interest in or right over any stool, skin, clan or family land that vest in that person, another person or body of persons a freehold interest in that land, howsoever described” .

The Lands Commission has issued a notice indicating that it will not accept any land instrument for processing and registration which vests a freehold interest in the grantee .

The Penalty

Anyone who attempts to grant a freehold interest in stool land is committing an offence, punishable upon summary conviction by a fine of not less than GHS 60,000 or imprisonment of not less than five years and not more than ten years, or both .

Why Lawyers May Not Emphasise This

Because many such documents are still accepted by the Lands Commission. Because “everyone does it.” Because telling a client they cannot get freehold may lose the deal.

What You Should Do

If you are buying stool land, accept that you are acquiring a leasehold interest—not freehold. For Ghanaians, the maximum lease term is typically 99 years. For non-Ghanaians, the constitutional restriction is 50 years .

Truth 3: The Chief Cannot Sell Stool Land Alone

The Misconception

Buyers often assume that dealing directly with the chief is sufficient. The chief is the face of the stool. Surely, he has authority.

The Legal Reality

Under Ghanaian customary law, the position is unambiguous: the chief cannot sell stool land alone. He must act with the consent and concurrence of the elders of the stool .

The Supreme Court held in Awuku v. Tettey that “a grant by the caretaker without the consent and concurrence of the Osu Manche, or even a grant by the Osu Manche without the consent of his elders was null and void or in other words unenforceable .

A conveyance of stool land must be executed by the chief and his elders .

What “Void” Means

If the chief sells without the elders’ consent, the transaction is void ab initio—void from the beginning. It is as if you never bought anything at all. You have no interest in the land, no matter how much you paid.

Why Lawyers May Not Emphasise This

Because many transactions with chiefs alone proceed without immediate challenge. Because obtaining elders’ consent can be time-consuming and costly. Because the client may pressure the lawyer to “get it done.”

What You Should Do

• Verify that the transaction includes the chief AND the elders

• Request documentation of elders’ consent (minutes of stool meeting, signed resolutions)

• Procure as many signatures as possible from relevant stool authorities

Truth 4: Selling Unregistered Stool Land Is a Crime

The Misconception

Sellers routinely offer stool land that has not been registered. Buyers assume this is normal. Lawyers may not object.

The Legal Reality

The Land Act, 2020 (Act 1036) requires that stool land be registered before it is sold. The allodial title holders (the stool) must be registered as proprietors of the land, and they cannot dispose of an interest in a portion of the land unless the whole land is registered .

Selling unregistered stool land is a criminal offence, punishable upon summary conviction by a fine of not less than GHS 60,000 or imprisonment of not less than five years and not more than ten years, or both .

Why Lawyers May Not Emphasise This

Because if they insisted on this requirement for every transaction, many deals would not proceed. Because the enforcement of this provision has been inconsistent. Because the client may simply find another lawyer.

What You Should Do

Before purchasing stool land, verify that the stool land is registered. If it is not, proceed with extreme caution—and understand that the seller is asking you to participate in an illegal transaction.

Truth 5: Your “Site Plan” May Be Worthless Without a Barcode

The Misconception

Buyers accept site plans from sellers, assuming that a document with a surveyor’s stamp is valid.

The Legal Reality

A valid site plan must have a barcode and QR code issued by the Survey and Mapping Division of the Lands Commission . Without this barcode, the plan is not approved and cannot be used for registration.

The Lands Commission has indicated that some plans extracted from layouts in old documents attached for registration are “not found in their systems” .

The New Portal

The Lands Commission is rolling out an online portal for the submission, processing, and approval of cadastral plans. The new process is designed to “ensure that the commission deals only with qualified and certified surveyors and holds them accountable for the services they deliver” and to “introduce more security features on our barcoded cadastral plans .

Why Lawyers May Not Emphasise This

Because they may assume the surveyor has handled it. Because verifying the barcode adds another step. Because the client may not understand the technical requirement.

What You Should Do

• Never accept a site plan without a barcode

• Verify the barcode with the Survey and Mapping Division

• Engage your own licensed surveyor, not the seller’s

Truth 6: Planning Comments Are Mandatory—Not Optional

The Misconception

Buyers and even some lawyers treat planning comments as a bureaucratic formality that can be bypassed.

The Legal Reality

Under the Local Governance Act, 2016 (Act 936), an allocation of land is null and void if the purpose or use of the alienation is contrary to an approved Development Plan .

Article 267(3) of the Constitution provides that “there shall be no disposition or development of any stool land unless the Regional Lands Commission of the region in which the land is situated has certified that the disposition or development is consistent with the development plan .

The penalty for non-compliance is a fine of not less than 200 penalty units and not more than 400 penalty units or imprisonment of 3-6 months, or both .

Why Lawyers May Not Emphasise This

Because obtaining planning comments takes time. Because many areas lack approved development plans. Because the risk of enforcement has historically been low.

What You Should Do

• Conduct a zoning search to confirm whether the area is planned

• Obtain planning comments before finalising the transaction

• If the area lacks a plan, understand that your transaction carries additional risk

Truth 7: Foreigners Cannot “Own” Land—Only Lease

The Misconception

Some lawyers market properties to foreigners as “freehold” or “ownership.” This is legally impossible.

The Legal Reality

The Constitutional restriction on foreign ownership of land has been restated in the Land Act, 2020 . A non-Ghanaian may not be granted a leasehold interest that exceeds fifty (50) years at any one time .

The Land Act now explains what constitutes a “non-Ghanaian company”: a company or corporate body with more than forty percent of the shareholding or ownership held by non-Ghanaian citizens .

Why Lawyers May Not Emphasise This

Because telling a foreign client they cannot “own” land may deter investment. Because the language of “ownership” is simpler than explaining leaseholds. Because the practical difference may seem academic.

What You Should Do

• Accept that you are acquiring a leasehold interest, not freehold

• Ensure the lease term does not exceed 50 years

• Register with the Ghana Investment Promotion Centre (GIPC) and meet minimum capital thresholds (USD 200,000-1,000,000 depending on business structure)

Truth 8: The “First to Register” Rule Has Limits

The Misconception

Many believe that if they register first, their interest is secure regardless of the seller’s title.

The Legal Reality

The “first to register” rule applies only when parties derive their titles from the same grantor. As Archer J. explained in Kwofie v. Kakraba: “Where the parties derive their titles from different grantors, registration is of no consequence and the court will not neglect its duty to ascertain who has valid title” .

If your seller had no title to convey, your registration gives you nothing.

Why Lawyers May Not Emphasise This

Because it complicates the simple message of “register first.” Because the rule is technical and clients may not fully grasp it.

What You Should Do

• Verify your seller’s title before paying—not just register quickly

• A thorough search is more valuable than speedy registration

Truth 9: The Lands Commission Is Not Your Ally

The Misconception

Buyers often assume that because the Lands Commission is a government body, it will protect their interests.

The Legal Reality

The Lands Commission is an administrative body that processes documents. It does not investigate title for parties . It registers instruments presented to it, provided they meet formal requirements. It does not guarantee that the transaction was valid.

A recent UN report on corruption ranked the Lands Commission as one of the most corrupt institutions. The report indicated that “in Ghana, workers of the Lands Commission take the biggest bribe .

Why Lawyers May Not Emphasise This

Because they must maintain working relationships with Commission staff. Because being too critical may affect their ability to process applications efficiently.

What You Should Do

• Do not rely on the Commission to protect you

• Conduct your own due diligence

• Engage professionals to verify every step

• The Commission is implementing reforms, including a “You Deserve To Know” campaign to restore public trust . But for now, caveat emptor—let the buyer beware.

Truth 10: Your Lawyer’s Search Is Only as Good as the Records

The Misconception

Buyers assume that a lawyer’s search at the Lands Commission reveals everything about the property.

The Legal Reality

The Lands Commission’s records are incomplete. The Commission itself has acknowledged that only 10% of Ghana’s land is registered—a situation described as “worrying . Many land transactions are not captured in the formal system.

If the land has never been registered, a search at the Lands Commission will show nothing—which may be misinterpreted as “clean title” when in fact the land’s ownership is entirely undocumented.

Why Lawyers May Not Emphasise This

Because acknowledging the limits of the search undermines client confidence. Because there is often no better alternative.

What You Should Do

• Recognise that a clean search report is not a clean bill of health

• Conduct additional investigations: visit the land, speak to neighbours, engage the local community

• For stool lands, also search at the Customary Land Secretariat and the National House of Chiefs

The Cost of Silence

The truths outlined above are not secrets. They are documented in case law, statutes, and official statements. Yet they are rarely communicated to clients with the emphasis they deserve.

Why? Because the business of law is competitive. Because clients want certainty, not caveats. Because lawyers who dwell on risks may lose work to those who are more optimistic.

But the cost of this silence is real. Every year, buyers discover that their “freehold” interest in stool land is unenforceable. That their registered deed provides no protection against a prior claimant. That the chief who sold them land lacked authority.

These outcomes are not inevitable. They are the predictable consequences of incomplete information.

Summary Table: What Lawyers May Not Tell You

Frequently Asked Questions (FAQs)

1. Can I trust my lawyer to handle everything?
Your lawyer is essential, but you must remain engaged. Ask questions. Request explanations. Do not assume that silence means safety.

2. How can I verify that my surveyor is licensed?
Check with the Survey and Mapping Division of the Lands Commission. Licensed surveyors have registration numbers that can be verified.

3. What is a barcode on a site plan and why is it important?
A barcode is an official code issued by the Survey and Mapping Division confirming the plan has been approved. Without it, the Lands Commission will not accept your plan .

4. How do I know if my land is in a title registration district?
Currently, only the Greater Accra Region, parts of Kumasi, and Kasoa have been declared as registration districts .

5. Can a foreigner ever own land in Ghana?
No. The maximum interest a foreigner can obtain is a 50-year leasehold. Freehold is prohibited .

6. What should I do if my lawyer doesn’t raise these issues?
Ask directly. A competent lawyer should be able to explain the risks and limitations of your transaction.

7. How much does proper land registration cost?
Budget approximately 5-8% of your property’s value for complete registration, including stamp duty, processing fees, and professional services .

8. How long does registration take?
Current processing times average 3 months for complete applications in title registration areas. The government is targeting 30-day turnaround .

9. What is the “You Deserve To Know” campaign?
A Lands Commission initiative to help restore public trust in the land administration body .

10. Is the Lands Commission’s online portal operational?
The Commission is rolling out an online portal for cadastral plan submission and approval, with the goal of reducing approval time to one week .

Conclusion: The Informed Buyer Is the Protected Buyer

Your lawyer is an essential partner in land transactions. But no professional can replace your own vigilance. The truths outlined here are not accusations against the legal profession—they are calls for transparency.

When you next sit with your lawyer, ask the uncomfortable questions:

• “Is this freehold interest in stool land actually legal?”

• “Has the stool land been registered before sale?”

• “Does this site plan have a valid barcode?”

• “Have planning comments been obtained?”

• “If this deed is registered, does that guarantee my title?”

A good lawyer will answer honestly. A great lawyer will have raised these issues unprompted.

The law in Ghana is complex. The land registration system is imperfect. But informed buyers who understand the risks and engage competent professionals can still secure their investments.

The quiet part should not remain quiet. Ask the questions. Get the answers. Protect your land.

Frequently Asked Questions (FAQs)

1. Can I trust my lawyer to handle everything?
Your lawyer is essential, but you must remain engaged. Ask questions. Request explanations.

2. How can I verify that my surveyor is licensed?
Check with the Survey and Mapping Division of the Lands Commission.

3. What is a barcode on a site plan and why is it important?
A barcode is an official code confirming the plan has been approved. Without it, registration is impossible .

4. How do I know if my land is in a title registration district?
Only Greater Accra, parts of Kumasi, and Kasoa are currently registration districts .

5. Can a foreigner ever own land in Ghana?
No. Maximum interest is a 50-year leasehold. Freehold is prohibited .

6. What should I do if my lawyer doesn’t raise these issues?
Ask directly. A competent lawyer should explain the risks and limitations.

7. How much does proper land registration cost?
5-8% of property value, including stamp duty, fees, and professional services .

8. How long does registration take?
Approximately 3 months in title registration areas; government targeting 30 days .

9. What is the “You Deserve To Know” campaign?
A Lands Commission initiative to restore public trust .

10. Is the Lands Commission’s online portal operational?
The portal for cadastral plan submission is being rolled out, with approval time targeted at one week

Source: Accra Street Journal 

Last Updated on June 14, 2026 by Samuel Kwame Boadu

Samuel Kwame Boadu

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.

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