Registration, land titles, stamp duty – with so many complicated terms flying around, purchasing property can be a confusing process. Here, we break down the process of transferring land titles in Ghana to make purchasing property or land that little bit easier.
In Ghana, there are three laws that govern the registration of instruments and land titles. The laws include the Stamp Duty Act, 2005 (Act 689); Land Registry Act, 1962 (Act 122); and Land Title Registration Act (PNDCL 152). After acquiring a parcel of land, an individual is expected to go to the Lands Commission with his or her documents to begin the registration process.
The system of registration is under Act 122 for land titles; the certificate is evidence of the title registration. There are specific processes to go through in order to register lands in Ghana. Check out this article about the land title registration process.
After lands are registered, it is possible to transfer them to others. A title or interest in real estate can be transferred from one person to another through the process of alienation. This can be done either voluntarily (that is, with the owner’s consent) or involuntarily. Voluntary transfer includes an indenture or deed by testament or will. A deed is a written instrument transferring an interest in real property to the grantee.
Eminent domain, which is also a form of voluntary transfer, is when the government takes over a property of land through a legal process for a specific purpose that is useful for the general public. Owners of such lands are duly compensated. Mostly, such lands are used in road construction or to provide utility services.
Involuntarily, land title can be transferred when the owner of the title dies or could not maintain possession of the title. This type of ownership is known as adverse possession.
These are the various ways that land titles can be transferred from one owner to the other in Ghana. Have you gone through any of these processes before? Share your experiences with us.