Preparing to Buy a Land? A 6-Step Practical Due Diligence Guide for Land Buyers in Ghana [Part 1]

Buying land is one of the most difficult and risky tasks to undertake in Ghana due to issues of multiple sales, litigation, land guardism, among others. Many land buyers sometimes “buy” because they fail to exercise due diligence in such a crucial venture.  

To educate and inform potential land buyers on “to-dos” and “not-to-dos” in this venture, the Chief Executive Officer of Africa Continental Engineering & Construction Network Ltd, Daniel Kontie, has outlined a comprehensive due diligence checklist aimed at helping land buyers in Ghana avoid costly disputes and litigation, which remain widespread in the country’s real estate sector.

Daniel Kontie, a practitioner in the sector, maintains that land continues to be one of the most valuable assets in Ghana, attracting first-time buyers, developers, and diaspora investors.

However, it is also one of the most legally contentious investment areas, with many buyers losing capital through multiple ownership claims, unauthorized sales, and prolonged court battles.

In an article to serve as a reference for land buyers, Daniel Kontie said the guide was inspired by worrying judicial statistics indicating that land disputes dominate Ghana’s civil litigation landscape.

He cites reports by Ghana Business News that suggest land cases constitute more than 52 percent of matters before Ghanaian courts. Additional estimates referenced by Myjoyonline and Legal Ink indicate that land-related disputes may account for between 70 percent and 90 percent of pending court cases nationwide.

According to him, many of these disputes are avoidable and largely arise from inadequate due diligence, defective title documentation, boundary ambiguities, and failure by buyers to independently verify ownership.

As part of the first edition of his land acquisition advisory series, he outlined six key pre-purchase checks prospective buyers must undertake.

1. Confirm the Nature of the Land

He says the first step is identifying the legal classification of the land. Under the Land Act 2020 (Act 1036), land in Ghana generally falls into four categories: stool or skin lands, family lands, state lands, and private lands. These categories have different ownership structures and consent requirements.

Stool and skin lands are held in trust by traditional authorities, while state lands are vested in the President on behalf of the Republic under the 1992 Constitution of Ghana. Family lands are communally owned and cannot be sold by a single individual without the consent of family heads and elders.

Failure to properly identify the land type and tenure, whether leasehold or freehold, can result in courts declaring transactions void from the outset.

2.Verify the Seller’s Authority

Another critical step is confirming that the person selling the land has the legal authority to do so. Possession of land does not automatically mean the person has the right to sell it.

Daniel Kontie cited the case of Banga v. Djanie (1989–1990) 2 GLR 510, in which Ghanaian courts ruled that a valid sale of family land requires the consent of the principal family head and elders.

Similarly, stool land transactions must involve the chief and principal elders and must receive concurrence from the Lands Commission under Article 267 of the Constitution.

Where land is sold by a company, buyers must verify the company’s registration status, confirm the authority of signatories, and ensure a valid board resolution exists.

3. Conduct an Official Search at the Lands Commission

Prospective buyers are also advised to conduct an official search at the Lands Commission of Ghana to confirm the registered owner, the size and description of the land, and whether it is subject to encumbrances such as mortgages, caveats, government acquisition, or pending litigation.

This step helps buyers independently verify the authenticity of documents provided by sellers.

4. Confirm the Root of Title

Beyond current ownership, buyers must investigate the root of title to determine how the land was originally acquired and transferred over time.

This involves tracing the ownership history, validating previous conveyances, and ensuring there are no breaks in the chain of title.

He notes that courts have consistently maintained that a buyer can only acquire the legal interest the seller possesses, referencing the Supreme Court decision in Adjei v. Forson (2007–2008) SCGLR.

5. Survey and Boundary Verification

Buyers must also engage a licensed surveyor to verify land boundaries and coordinates. Ground inspections, comparison with official cadastral maps, and confirmation of possible encroachments are necessary to ensure the physical land corresponds with its legal description.

Poor surveying practices, he warned, are among the leading causes of multiple sales and boundary disputes.

6. Litigation and Community Inquiry

He further advised buyers to conduct community-level inquiries because some disputes are not yet captured in official records.

Engaging local opinion leaders and residents can reveal ongoing conflicts or historical disputes surrounding a particular parcel of land.

Some areas in Ghana, he noted, have reputations for persistent land conflicts, making such inquiries an important risk-management tool.

Coordinating the Acquisition Process

To effectively carry out these checks while saving time and costs,  the real estate industry player recommends engaging a reputable real estate consulting firm to coordinate the entire acquisition process.

Such firms typically bring together surveyors, legal practitioners, planners, and other professionals to manage the due diligence process in a structured and sequential manner.

He noted that Africa Continental Engineering & Construction Network Ltd provides integrated services ranging from land acquisition, title registration, and architectural design to construction, property development, and real estate investment advisory.

According to him, the firm also manages serviced and litigation-free land parcels across Accra and other emerging growth corridors, helping investors access residential, commercial, and industrial real estate opportunities.

For him, buying land is not simply a property transaction but an investment in legal certainty and long-term security.

With Ghana’s rapid urbanization and expanding real estate market, he stressed that disciplined due diligence is no longer optional but essential to protecting investment capital and avoiding years of litigation.

Daniel Kontie was quick to add that the information provided in this article reflects his opinions and expertise as an industry player. They are for general informational purposes and do not constitute professional or legal advice. Readers are advised to consult certified professionals or consultants before making legally binding decisions or financial commitments.