The Construction and Real Estate Digest with Daniel KONTIE: Land buying checklist (4)

…a practical due diligence guide for safe land acquisition

Buying land in Ghana does not end when money changes hands or documents are signed. The most critical risk-management phase begins after purchase. Many buyers lose land not because they failed to pay, but because they failed to complete statutory post-purchase processes that convert private contracts into legally enforceable ownership rights under Ghanaian law.

This final phase of the Land Buying Checklist series; Post-Purchase Perfection, focuses on two institutional actions that legally perfect land ownership. This we shall name, Checklist Item 12 and 13. That is Stamp Duty Payment and Title registration at the Lands Commission. Failure at any of these final stages exposes buyers to title challenges, resale disputes, financing barriers and litigation risks even years after the property acquisition.

But before we address the substantive issues of today’s discussion, let me remind you that, the Africa Continental Engineering & Construction Network Ltd stands out as one of Ghana’s leading authorities in real estate solutions. From land acquisition, title registration, architectural design, general construction, property development, real estate investment advisory services et cetera, we provide a 360ºC service experience.

Ready to move from interest to investment, simply search “Africa Continental Engineering & Construction Network Ltd” on Google. Visit our website, explore available properties and reach out to our team for a swift professional service delivery.

With thousands of serviced litigation-free parcels of land across Accra and key growth corridors, we are uniquely positioned to help you unlock value in residential, commercial and industrial real estate. Now, let us get back to the details starting with Checklist Item 12, Stamp Duty Payment.

Checklist Item 12: Stamp Duty Payment

Under Ghanaian law, it is mandatory for Stamp Duty payment for land instruments to be made before title registration can be done pursuant to section 14 (a) and (b) of the Stamp Duty Act, 2005 (Act 689). Stamp Duty is a statutory tax payable on conveyancing instruments and is administered by the Ghana Revenue Authority (GRA). An unstamped land document is legally defective and unenforceable in any court of competent jurisdiction as prescribed by the provisions of section 13 of the Stamp Duty Act 2005 (Act 689).

Now, this is how the process work, after execution, the instrument is submitted to the Ghana Revenue Authority (GRA) for assessment, stamp duty is computed based on the consideration value of the property. Payment is made and subsequently, the document is officially stamped and a stamp duty receipt issued.

Why this Step is Critical

First, unstamped instruments are inadmissible in court as stated earlier and subject to section 13 and 14 of the Stamp Duty Act, Act 2005 (Act 689). Second, they cannot be registered at the Lands Commission pursuant to section 165 of the Land Act, 2020 (Act 1036). Stamping therefore transforms the land contract into a legally recognizable instrument by all parties as well as the state.

Checklist Item 13: Registration at the Lands Commission

Land registration in Ghana is governed primarily by the Land Act, 2020 (Act 1036), a creation of Article 258 of the 1992 Constitution of the Republic of Ghana, with its implementing institution being the Lands Commission. Registration converts ownership into a public, searchable and enforceable proprietary right. However, depending on the geographical jurisdiction, registration comes in two different forms, it is either:

• A Land Title Certificate; that is if the land is located in a title registration district as stipulated in section 89 (1) of Act 2020  (Act 1036), or
• A Registered Instrument (Deed); that is if the land is located outside a title registration district subject to the provisions of section 89 (2) of Act 2020 (Act 1036).

For clarity purposes, it important for readers to understand that, the two systems of land interest registration are not the same even though both constitute statutory proof of ownership. Deed registration does not confer indefeasible title; therefore, multiple entries for same parcel may exist whilst the former (title certificate registration) provides indefeasible title (state-guaranteed) title.

Currently, it is only a small portion of the land mass of Ghana that has been declared registration district with specific reference to these few legal provisions for want of time, LI 1563, District 05, Accra, LI 1521, District 04, Accra, LI 1625 etc enacted under the old Land Tittle Registration regime PNDCL 152 (1986) which has been reinforced by the provisions of section 89 of the Land Act 2020 (Act 1036).

These includes the Greater Accra Region, parts of the Ashanti Region and some parts of the Central Region (Kasoa), constituting approximately 2% of the total land mass of Ghana. It was therefore not surprise for his lordship, Justice Alexander Osei-Tutu, an appeal court judge made a clarion call for land reforms, sighted in Myjoyonline media report, on January 20, 2026.

Registration Process

The registration process starts with the submission of;

• Application and stamped instruments
• Survey verification and site inspection
• Publication for statutory objection period where applicable (section 224 of Act 1036)
• Records verification and cadastral mapping
• Issuance of registration certificate or registered instrument

Why Registration is most critical

Registration reduces the risk of multiple sales and overlapping grants by operation of section 110 and 112 of Act 1036. This makes ownership enforceable against third parties, enables lawful mortgage, transfer, subdivision and development approvals, and finally, confers superior evidentiary weight in land litigation. In Ghana’s high-risk land market, registration is the legal firewall between ownership and vulnerability.

Why Post-Purchase Perfection is Non-negotiable  

In Ghanaian law, payment does not equal ownership, execution does not equal security,
possession does not equal legal title. Ownership becomes legally real only when the:

• Instrument is stamped in accordance with (Act 689) and
• Interest is registered in compliance with (Act 1036)

Anything short of this leaves the buyer exposed, regardless of how legitimate the original transaction may appear to be.

Physical Site Possession

Finally but not least, possession is fundamental. This was discussed in the penultimate edition of this series but I think it is worth repeating in this final edition. Site protection is the proactive safeguarding of the land against trespassers, encroachment and unlawful development. Common measures include boundary demarcation, erection of site markers or fencing, placement of signage, engagement of caretakers where appropriate and periodic site inspections. These actions serve both practical and evidentiary function, demonstrating control and discouraging adverse claims.

In Ghana, where land is often vacant for extended periods, failure to take possession and protect the site can undermine even properly documented acquisitions. In essence, possession and site protection consolidate ownership on the ground. They translate paper rights into visible control, preserve the integrity of the land and significantly reduce the risk of future litigation.

Now, a Guide to Starting the Process

Now, the multi-million dollar question is, how will the individual be able to put together all these pieces of relevant information or the professionals to conduct a comprehensive due diligence whilst saving time and cutting cost. A prudent land acquisition process must begin with the engagement of a reputable real estate consultant or a real estate legal practitioner who serves as the central coordinator of all pre-purchase and transaction requirements.

This takes away from the buyer, the burden of having to source individually, surveyors, legal practitioners, planners and other professionals relevant to the process. The consultant synchronizes these services, ensuring that due the diligence is properly sequenced, verified and professionally conducted.

This coordinated approach significantly reduces risk; curtail cost overruns and procedural errors, while providing the buyer with clarity and confidence throughout the process. This is where the expertise of the Africa Continental Engineering & Construction Network Ltd comes in, we are your credible first point of call, offering buyers a structured, professionally guided entry into land acquisition, anchored in strict due diligence, regulatory compliance and integrated industry expertise.

Conclusion

In conclusion, land acquisition is not an event; it is a legal process chain. The final stage is not administrative formality, it is ownership completion. Post-purchase perfection; converts risk into certainty, contracts into enforceable rights, possession into bankable assets, transactions into intergenerational wealth. This phase separates speculative buyers from serious landowners and casual purchasers from institutional-grade investors.

But before we part, do note that information provided in this article or any article by this writer is the opinions or views of the writer for general education purposes and does not constitute professional or legal advice. Readers are therefore advised to consult certified professionals/consultants before making any legally binding decision or any commitment that has financial implications. Stay tuned for a new series starting in the second week of February, 2026, dubbed; Legal and Institutional Weaknesses in Ghana’s Real Estate Sector: Causes, Risks and the Urgent need for Structural Reforms. It will run in parts from 1 to 7. Do not miss this.

Reference

• Stamp Duty Act, 2005 (Act 689); https://lawsghana.com/post-legs/act-689-stamp-duty-act-2005
• Land Act, 2020 (Act 1036); https://lawsghana.com/post-legs/act-1036-land-act-2020
• Lands Commission Act, 2008 (Act 767); https://lawsghana.com/post-legs/act-767-lands-commission-act-2008
• 1992 Constitution of the Republic of Ghana, Article 258 https://www.constituteproject.org/constitution/Ghana_1996.pdf
• Evidence Act, 1975 (NRCD 323); https://lawsghana.com/post-legs/nrcd-323-evidence-act-1975
• Ghana Revenue Authority; Stamp Duty Administration; https://gra.gov.gh/domestic-tax/stamp-duty/
• Lands Commission of Ghana; Land Registration Services; https://landscommission.gov.gh/land-title-registration/
• Graphic Online 98% of lands can’t be registered; Owners at risk in disputes. Available at: https://www.graphic.com.gh/news/general-news/ghana-news-98-of-lands-cant-be-registered-owners-at-risk-in-disputes.html?utm_source=chatgpt.com

Parliament of Ghana. Land Act, 2020 (Act 1036). Available at: https://ir.parliament.gh/bitstream/handle/123456789/1875/LAND ACT, 2020 (ACT 1036).pdf?isAllowed=y&sequence=1&utm_source=chatgpt.com

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