Not long ago, a case was brought to my attention involving a widow who had purchased two plots of land in Amasaman, a suburb in Ghana during the 1990s. She built a modest two-bedroom home on a quarter of the land to house herself and her three children, hoping that when her financial situation improved, she could construct her dream home.
Fast forward to 2021, while at work, she received a distressing call, two men, accompanied by a group of heavily armed individuals, had stormed her property, claiming ownership of the land and demanding that she vacate immediately. She came to my office visibly shaken and overwhelmed. The only legacy she had worked so hard to build was being taken from her with blatant impunity and no one seemed willing to help.
Sadly, her experience mirrors that of many Ghanaians and non-Ghanaians who buy land, only to later discover that it has been sold to multiple buyers or that their transaction was not with the rightful owners.
Acquiring land in Ghana can be complex, and the situation becomes even more daunting when you are forced to defend what you rightfully purchased. In this article, we will explore practical steps to take when you find yourself embroiled in a land dispute or are bracing for what may become a legal battle to protect your property.
How to Protect your land in Ghana
Engage the service of a Lawyer
First and most importantly, engage the services of a lawyer. I cannot stress enough the importance of engaging the service of a lawyer during land disputes. (In fact, it is imperative to engage the services of a lawyer before you purchase any landed property, but if you are in this situation, there is no point crying over spilt milk). Engaging the services of a lawyer in land disputes is essential because land laws are often complex and require expert interpretation and application. A lawyer ensures proper documentation and evidence handling, protects your legal rights, and provides representation in court or alternative dispute resolution processes. They help avoid costly mistakes, navigate complicated issues such as multiple claims or customary interests, and ensure that judgments are properly enforced. Overall, a lawyer's expertise significantly improves your chances of securing a favourable and legally sound outcome.
A lawyer will be better equipped to help you through the steps listed below.
Gather all documentation
In any land dispute, it is crucial to gather all relevant documentation to support your claim. This includes title documents such as an indenture, lease, land certificate, or deed of assignment; proof of payment like receipts, Cheques paid (always keep copies of cheques), bank transfers, or sale agreements; and registered site or cadastral plans from the Lands Commission. Additionally, photographic or video evidence showing your possession or development of the land can strengthen your case significantly.
Confirm the legitimacy of your ownership
Conduct a search at the Lands Commission (or appropriate regional authority) to reconfirm that your interest is properly registered. If there was family or stool land involved, double-check that the transaction was executed by the right custodian or with the right consent.
Document the threat or encroachment
Record any verbal threats in writing. Take pictures or videos of anyone or activity on the land or any structures being erected or demolished. If you receive a letter or notice challenging your ownership or threats keep copies and note when you received them.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
