Audio By Carbonatix
The Lands Commission is urging prospective homeowners to conduct thorough due diligence before purchasing land, warning that failure to verify ownership and register acquired property could expose buyers to fraud, double sales and costly litigation.
The Commission, which is participating in the JoyNews Habitat Fair, says prospective homeowners must verify land ownership, conduct searches and ensure their transactions are properly registered before committing their hard-earned money.
Acting Deputy Executive Secretary in charge of Operations at the Lands Commission, Surv. Raphael Hokey, says buyers must not treat land acquisition as an ordinary purchase because of the long-term financial implications involved.
“The key thing to do is to make sure you carry out due diligence. And that involves visiting the land, asking for the site plan, contacting the Lands Commission, conducting a search, and doing other necessary things like asking around.”
Mr Hokey says the risks are particularly significant given the nature of land ownership in Ghana, where a large proportion of land is held under customary ownership.
“Ghana is an environment where about 80% of the land are customary lands. And so, family lands, stools, skin lands, individual lands, a mix of all that. If you are purchasing land and you don't conduct the necessary search, you need to be sure you are dealing with the right person.”
He says searches at the Lands Commission could take as little as a day in some cases, although more complex transactions may take longer. Mr Hokey is also warning buyers against sellers who refuse to provide site plans before payment, describing the practice as a major red flag.
“Depending on the type of land, it can be as simple as a day's information. And sometimes, if there are a lot of complexities around it, it may take a little while like a week or a month. Anybody who is the bonafide owner and is selling land will be comfortable and free to give you a site plan for you to go and conduct a search. Any time somebody is giving out land or selling land and he is unwilling to give you the site plan to go and do the necessary diligence, it means that there is a problem,” he mentioned.
He further cautioned prospective homeowners against rushing into construction on land before completing the necessary legal and regulatory processes. According to him, acquiring land does not automatically give a buyer the right to begin construction, as the appropriate permits must first be secured.
“Even if you have title, you will need to process your permit before you carry out construction. It is wrong to just get onto the land and start building because you will be breaching the laws of the assembly.”
Mr Hokey is also urging landowners to register their properties after acquisition, saying registration provides an important record of ownership and can help protect buyers from subsequent claims. He says failure to register could leave buyers facing lengthy legal battles if the same property is subsequently sold to another person.
“Your best assurance is to make sure that when you acquire land and you are given an indenture, you run to the Lands Commission to come and carry out the registration. If you do the registration, it is there, and it will serve as notice to the whole world,”he added.
The Lands Commission's participation in the JoyNews Habitat Fair, alongside financial institutions, developers and other industry players, is expected to provide prospective homeowners with information on land acquisition, property registration, financing and other critical steps towards secure home ownership.
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