Few things are as devastating as discovering that the land you paid for, documented, and perhaps even developed is being claimed by another person. Yet the eyes and ears of the Ghanaian public are not spared a moment of these painful stories.
They have become an unfortunate and familiar feature of the property market, so common that they almost pass through public attention like a shea butter smear on hot skin; noticed, felt, but quickly spread thin and forgotten in the daily rush of life.
Across Accra, Kasoa, Kumasi, Dodowa, Tema, and other rapidly expanding areas, reports of multiple land sales and competing ownership claims surface with troubling regularity. For many victims, the result is years of litigation, financial loss and, in some cases, the demolition of structures erected at great cost.
These incidents often trigger public discussions on land litigation and ownership disputes. What receives far less attention, however, is that some of the conduct that gives rise to these disputes may amount not only to a civil wrong but also to a criminal offence.
In fact, Ghana’s land and criminal laws provide severe penalties, including substantial fines and lengthy prison terms, for persons who fraudulently deal in land, sell land without authority, or make multiple grants of the same parcel of land.
Selling Land You Do Not Own Can Land You in Prison
One of the clearest criminal provisions appears in section 277 of the Land Act, 2020 (Act 1036). The law criminalises situations where a person purports to grant land to which that person has no title, purports to grant land without authority, or makes conflicting grants of the same parcel of land to more than one person.
In simple terms, a person commits an offence if he or she sells land that does not belong to him, sells land without the necessary authority, or sells the same land to multiple buyers.
The punishment is severe. Upon conviction, the offender is exposed to the liability of a fine of not less than 7,500 penalty units and not more than 15,000 penalty units. Since one penalty unit is currently valued at GH¢12.00, the fine translates into a range of GH¢90,000 to GH¢180,000. Alternatively or in addition, the offender may also face imprisonment for a term of not less than seven years and not more than fifteen years.
The law therefore treats multiple sales of land as far more than a mere contractual disagreement. It is a criminal offence that can result in a lengthy prison sentence or expensive fines.
Fraudulent Concealment Is Also a Crime
Land fraud does not always occur through outright multiple sales. Sometimes a seller may conceal important information from a purchaser.
Section 72 of the Land Act addresses this problem. The law imposes both civil and criminal consequences on a person who, with intent to defraud, conceals an instrument or a that materially affects the land or falsifies a site plan or other land-related document.
Such conduct may expose the wrongdoer to damages in favour of the purchaser. Beyond that, it may also attract criminal sanctions.
A person convicted under the provision may be fined between 5,000 and 10,000 penalty units translating into a range of GH¢60,000 GH¢120,000. They may also mprisoned for a term of not less than five years and not more than ten years. Depending on the circumstances of the case, the offender may be ordered to serve both prison sentence and the payment of a fine.
The law goes even further. Public officers who engage in such fraudulent conduct are equally liable, and professionals who knowingly assist in the deception may also face legal consequences.
Land Guards and Illegal Control of Land Face Harsher Punishment
The Land Act also targets persons who unlawfully exercise control over land, extort money from landowners or developers, or use force and intimidation to interfere with lawful ownership.
Section 12 provides that a person who unlawfully exercises supervision or control over land development, extorts money from a person with an interest in land, prevents lawful development, or uses force or violence to deny a lawful owner access to land commits an offence.
Depending on the circumstances, the offender may face imprisonment ranging from five years to fifteen years, without the option of a fine.
Where force, violence or intimidation is used to prevent a lawful owner from developing land, the punishment increases significantly, carrying a prison term of not less than ten years and not more than fifteen years.
These provisions demonstrate Parliament’s determination to combat land guard activities and other forms of unlawful interference with land ownership.
The Criminal Offences Act Also Applies
Beyond the Land Act, the Criminal Offences Act, 1960 (Act 29) also plays a central role in prosecuting land-related fraud.
Under sections 131 to 133, a person commits the offence of defrauding by false pretences where, by means of a false representation, they induce another person to part with money or property.
A person who falsely represents ownership of land, authority to sell land, or validity of title, with intent to defraud, falls squarely within this provision.
The offence is classified as a second degree felony, punishable by a term of imprisonment of up to ten years.
In legal terms, this means that even where a transaction is framed as a “sale,” the criminal law will look behind the paperwork to examine whether deception was used to obtain payment.
A Civil Wrong and a Criminal Offence
One of the most important features of the law is that criminal liability does not replace civil liability.
A person who fraudulently sells land may still be sued for damages, recovery of money paid, cancellation of transactions, or other civil remedies. At the same time, that person may also face criminal prosecution and punishment.
The law therefore recognises that fraudulent land transactions do not merely affect private rights. They also undermine public confidence in land ownership, distort development, and cause significant hardship to families who invest their savings in acquiring property.
As incidents of competing ownership claims and demolitions continue to surface across the country, the public should be aware that Ghanaian law treats many forms of land fraud not only as civil wrongs but also as serious crimes capable of attracting substantial fines and lengthy prison terms.
