Many property buyers in Ghana believe that once a search at the Lands Commission shows no encumbrances, the land is 100% safe to purchase. Unfortunately, this assumption can sometimes lead to devastating consequences.
Under Section 98(3) of the Land Act, 2020 (Act 1036), parties involved in land litigation are required to notify the Lands Commission so that a notice can be placed in the land records. The purpose of this provision is simple: to alert prospective buyers and investors that the land is subject to a court dispute.
In practice, however, this notification does not always happen.
Where the required notice is not filed, a search conducted at the Lands Commission may show the land as completely free from litigation. An unsuspecting buyer may therefore proceed to purchase the property, believing the title is clean.
The Critical Legal Reality
The doctrine of lis pendens (pending litigation) still applies. > Once a land dispute has been filed in court, any sale or transfer of that land during the pendency of the case becomes subject to the final judgment of the court.
This means that even if a buyer purchases the land in good faith, and goes as far as registering the interest, the buyer’s title may still be defeated if the seller eventually loses the case.
Sadly, this situation has played out many times across rapidly developing growth corridors around Accra, such as:
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East Legon
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Pokuase
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Kwabenya
Buyers invest their life savings, construct homes, and sometimes even occupy them for years, only to later discover that the land was already the subject of litigation long before they purchased it.
The result can be heartbreaking. Court orders for possession are executed, developments are demolished or seized, and the innocent buyer is left to pursue compensation from a seller who may no longer have the means to refund the purchase price.
Due Diligence Must Go Beyond the Lands Commission
Prudent investors must take extra steps to secure their investments. You should always:
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Make independent inquiries at court registries.
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Engage experienced legal professionals.
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Investigate the litigation history of the land strictly within the local community.
Litigation is expensive. Losing land after investing years of hard-earned savings is devastating.
Verify thoroughly before you buy.