NB: Always Ask for the plot number and make inquiries about the legal status of the land from Town and Country Planning Department, Lands Commission of Ghana or use our platform for inquiries before payment.
WHAT IS LAND REGISTRATION ?
Land Registration is the recording of rights and interest in land as evidence by instruments. Instruments or deeds that could be registered include leases, sub-leases, conveyances, assignments, mortgages, gifts, tenancy agreements probate and wills, letters of administration, vesting assets, statutory declarations, power of attorney etc. in relation to land.
WHAT ARE THE BENEFITS OF REGISTERING YOUR LAND ?
1. It ensures certainty of your ownership of the land.
2.It establishes your rights and interests in the land.
3. It protects your rights and interests in the land, promoting security.
4. It renders you documents admissible in court.
5. It minimizes land litigation.
6. It enables you access credit facilities.
7. It enables you invest in the land.
8. It enables you develop land market and many more.
TYPES OF LAND OWNERSHIP IN GHANA:
1. INDIVIDUAL/PRIVATE LANDS: these are lands owned by individuals and private entities.
2. STOOL/ SKIN LANDS: these are lands under the custodianship of various chiefs.
3. FAMILY LANDS: these are lands managed by Heads of families assisted by principal members of the families.
4. STATE AND STOOL VESTED LANDS: these are lands managed by the Lands Commission.
PROCEDURE TO ACQUIRE AND REGISTER LAND:
(procedure depends on the type of land involved)
NB: It is always advisable to follow due diligence to avoid being dragged into a never conclusive land disputes by ensuring that:
(a) you are dealing with the rightful owner of the land recognized by law -a quick official inquiries will do in addition to neighborhood questionings and supporting documents from claimed owner.
Do an original survey of the said parcel for the search to be sure the plan used for the search is for the exact land of interest.
(b) you engage the services of a qualified land surveyor. In Ghana, only licensed surveyors are permitted legally to undertake cadastral surveys. (we recommend Just Land Services to you for such surveys).
STEP BY STEP PROCESS
- Apply or negotiate with the actual owner concerned with the land.
Contact Actual Owners:
- Individual if private land
- Chief if Skin/stool Land
- Family Head and Principal members if family land
- Lands Commission if State and stool Vested Lands
- Three copies of the document executed between the actual owner and the applicant to be submitted to Lands commission.
If state/stool vested Lands you would be invited to complete application form (form 5) and questionnaire with two (2) passport size pictures.
- A solicitor of the supreme court (i.e. a practicing lawyer) must sign the back of each copy with his stamp duly affixed.
If state/stool vested Lands the Lands Commission gives approval, if a plot is available.
- Each copy of the document must have a site plan attached. Two extra site plans, making five (5) in all must accompany the documents.
If state/stool vested Lands the Lands Commission you pay the requisite fees and charges
- The back of the site plans are to be endorsed by both the chief(lessor) /seller and the applicant (lessee)/buyer.
If state/stool vested Lands the documents are prepared by the secretariat of Lands Commission
- Each site plan is to be certified by the stamps of a licensed surveyor and the Regional surveyor and duly dated.
If state/stool vested Lands applicant is invited to execute documents.
- At least two principal Elders of the stool (with status) must sign as witnesses.
But if state/stool vested Lands the documents executed by Chairman of Lands Commission.
- The witnesses of the applicant (lessee) /buyer must write full names ,provide addresses and signature.
But if state/stool vested Lands Applicant pays ground rent and registration fee
- Documents submitted to lands commission.
But if state/stool vested Lands the Documents are released for stamping at Land Valuation Board.
- Processing and registration fees paid.
But if state/stool vested Lands Applicant obtains Tax Clearance Certificate at Internal Revenue Service
11. Process Land Documents
- If private land or family land the Documents processed at Lands commission.
- If Stool Land the Chairman of Lands commission grants concurrence.
- If state/stool vested Lands the Documents are finally registered at Deeds Registry at Lands Commission
12. Documents released for stamping at land valuation Board.
NB: But if State/Stool Vested Land the Original copy of the document is released to Applicant for the end of the registration.
13. Applicant obtains Tax Clearance Certificate at Internal Revenue Service.
14. Document registered at Deeds Registry at Lands commission.
15. If private and stool lands the Original copy released but If family land Applicant pays first year’s ground rent.
16. If Stool land the Original copy of the document is released to applicant.