Edem Ellis Agbeko is an estate and valuation surveyor

An estate and valuation surveyor has advised prospective land owners to undertake all legal processes to genuinely acquire their lands.

Edem Ellis Agbeko of the Asantehene’s Land Secretariat says acquisition of allocation papers for a stool land will not suffice one’s entitlement to the property.

His comments come on the back of the regular concerns and challenges potential land owners face in the land acquisition processes.

Speaking on Luv FM’s Luv in the Morning, Mr Agbeko indicated that defying one of the land acquisition processes renders the legal certification incomplete.

Luv FM Habitat Fair: Allocation paper not enough to grant you legal backing to stool lands
Estate and Valuation surveyor at Asantehene’s Land Secretariat, Edem Ellis Agbeko

He believes the attainment of lawful documentation only approves of one’s legal interest in a particular land.

“You should actually get documentation done on the land, not just developing it. Whatever happens at the end of the day you need to have a legal interest in the land you are possessing or the land you are living on.

“You need a permit before you develop on the land. But there are people who develop without permits or necessary documentation. To actually have the legal interest, you need to have a permit,” he said.

The valuation surveyor says individuals seeking to acquire any stool land must ensure they receive a lease from the appropriate quarters before proceeding to register the documents at the Lands Commission.

Mr Agbeko indicated obtaining a lease – which is a rental agreement – for a land establishes legal contract between prospective land owners and the traditional overlord of the lands.

This, according to him, preempts superfluous payments for the allocated land.

“One major problem you would face is, you’d be asked to change your allocation note over time. Because when a new chief comes, they may ask you to pay again to have your allocation notes changed.

Luv FM Habitat Fair: Allocation paper not enough to grant you legal backing to stool lands
Lawyer and Consultant at First Global Real Estate Limited, Kwaku Obeng Mireku

“But if you have already done your lease you will not be affected by this. Once you get it done, it sort of creates a contract between you and the stool,” he noted.

Meanwhile, lawyer and consultant with First Global Real Estate, Kwaku Obeng Mireku, clarified that a building permit from a local assembly does not affirm legal ownership.

He further indicated land owners intending to sublease a land property can only do so with utter consent from traditional rulers.

However, the consent cannot be given when the land to be subleased is changed from its legally approved purpose.

“For example, if you have 99 years you can sublease 50 years to another person. But you need the consent of the chief. The laws indicate the chiefs cannot unreasonably withhold the consent.

Luv FM Habitat Fair: Allocation paper not enough to grant you legal backing to stool lands

“But in certain instances, a chief can refuse a consent when an individual wants to use a land which was meant for residential purposes for commercial use,” he said.

Patrons of the Kumasi Edition of the Habitat Fair have the opportunity to access qualitative information on land ownership, while accessing building materials and home services at a one-stop shop.

The Fair will be held at the Kumasi City Mall from September 30 to October 2, 2022.

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.