GHANA LAND & PROPERTY GUIDE

PROPERTY DATABANK LTD • RICS • GhIS Integrated Real Estate Solutions June 2026

Buying Land in Ghana: A Plain Language Guide For prospective buyers, renters, advisors, and financiers

ABOUT THIS GUIDE Ghana's land market is one of the most complex in West Africa — layered with customary rights, statutory frameworks, multiple registries, and a long history of disputes arising from inadequate due diligence. This guide explains how land ownership works in Ghana, how to buy or rent land safely, what lenders need to know before advancing funds against land collateral, and how to work effectively with professional advisors. It is written in plain language — no legal jargon, no assumptions — for anyone making a land or property decision in Ghana.

TYPES OF LAND TENURE IN GHANA 12 STEPS TO SAFELY BUY LAND COMMON FRAUD TYPES TO AVOID Act 1036 GOVERNING LAND ACT 2020

Professor Felix Nikoi Hammond, RICS, GhIS • Director, Property Databank Ltd 15 Mayor Road, Ridge, Accra • f.hammond@pdbglobal.com • +233 544 020 280 • www.pdbglobal.com

1. How Land Ownership Works in Ghana Ghana has five types of land — and most land disputes in the country come from people not understanding which type they are buying. Before you spend a single cedi, you need to know what kind of land you are dealing with. 1.1 The Five Types of Land in Ghana Type 1: Stool or Skin Land (Customary Land) This is the most common type of land in Ghana. It is collectively owned by a traditional community — a stool (in southern Ghana) or skin (in northern Ghana) — and managed on the community's behalf by a chief or traditional leader. Individual families and community members have the right to use this land, but the community retains ownership. When you buy a plot of stool land, you are buying the right to use it for a defined period — not the land itself. Stool land is governed by customary law alongside the Land Act 2020. Many of Ghana's residential plots — including land in parts of Accra, Kumasi, Takoradi, and other cities — fall under stool land. A grant from a stool typically comes in the form of a Customary Land Secretariat document or a letter from the chief. WATCH OUT Not all stools and chiefs who grant land have the legal authority to do so. Always confirm that the grantor — the chief or traditional authority — has the recognised jurisdiction over the land in question. Disputes between rival chiefs, families, or stools are a leading cause of land litigation in Ghana. Type 2: Family Land Family land is owned collectively by an extended family — usually passed down through generations — and is managed by a family head. To legally acquire family land, you need consent from the recognised family head and, ideally, the principal members of the family. A single family member cannot sell family land without family consent. If they do, the transaction can be challenged and overturned in court. COMMON FRAUD WARNING One of the most frequent land fraud schemes in Ghana involves a single family member selling land without the consent of other family members. They take your money, and the rest of the family challenges the transaction — leaving you with a legal dispute and no land. Always require proof of family consent in writing. Type 3: State Land (Government Land) State land is owned by the Republic of Ghana and is administered by the Lands Commission and other government agencies. It includes government reservations, public institutions, national parks, and land compulsorily acquired by the state. Most state land is not available for private purchase. Where it is allocated — for example, through government housing schemes or auction — the process is managed by the Lands Commission. Type 4: Vested Land Vested land is customary land that has been placed under government administration — typically by a presidential declaration — for a specific purpose such as development. The government holds the land in trust for the stool or family while managing it. Vested land cannot be privately transacted without government approval.

Type 5: Private Freehold Private freehold is outright, unconditional ownership of land by an individual or company. It is the strongest form of title available in Ghana. However, a critical restriction applies under the Land Act 2020 (Act 1036, Section 10), non-citizens of Ghana cannot hold freehold land. Non-citizens — including members of the diaspora who do not hold Ghanaian citizenship — can only hold land on a leasehold basis, for a maximum period of 50 years. DIASPORA BUYERS — KNOW YOUR RIGHTS If you hold a foreign passport only and do not have Ghanaian citizenship, you are classified as a non-citizen under the Land Act 2020. You can legally own a property in Ghana, but only on a leasehold basis. The maximum term is 50 years. You can negotiate a renewable lease, but you cannot hold a freehold title regardless of how the transaction is described to you. Any document purporting to grant you freehold land as a non-citizen is legally invalid. 1.2 Leasehold vs Freehold — What Is the Difference? Freehold means you own the land outright, for an unlimited period, with full rights to sell, mortgage, build on, or transfer the land as you wish. In Ghana, freehold is available only to Ghanaian citizens and the Ghanaian state. Leasehold means you hold the right to use the land for a defined period — in Ghana, typically 50, 75, or 99 years — under a lease agreement with the landowner (the lessor). At the end of the lease, the land reverts to the lessor unless the lease is renewed. You can mortgage, sublease, and build on leasehold land in accordance with the lease terms. Most transactions in Ghana — particularly involving stool and family land — are leaseholds. GOOD TO KNOW A well-drawn 99-year leasehold on Ghana land is, in practical terms, close to freehold for most purposes. It can be mortgaged, sold, inherited, and sublet. What matters is that the lease is properly drawn, registered at the Lands Commission, and that the lessor (the grantor) has a clear, undisputed right to grant the lease.

2. How to Buy Land Safely: A Step-by-Step Guide Buying land in Ghana is safe — if you follow the right steps. Most land disputes in Ghana arise from skipping due diligence, trusting verbal assurances, or using unqualified intermediaries. This section sets out the 12 steps you should follow, without exception.

1 Identify the land and confirm its type Before anything else, establish which type of land you are dealing with — stool, family, state, or private freehold (see Section 1). The type determines who has the legal authority to grant it to you, what documents you should receive, and what due diligence steps are required.

2 Verify the identity and authority of the seller Ask for and verify the identity of the person selling the land. If it is stool land, confirm that the grantor — the chief or traditional authority — has the recognised jurisdiction over the land. If it is family land, require written consent from the family head and principal members. For private sellers, require a national ID and proof of ownership.

3 Commission a site plan and physical survey Engage a licensed land surveyor to prepare or verify a site plan of the land, showing its boundaries, dimensions, location coordinates, and the names and details of the adjoining plots. A site plan prepared by an unlicensed person is not valid for registration. Ensure the physical land on the ground matches what is shown on the plan — walk the boundaries.

4 Conduct a root of title search at the Lands Commission Take the site plan and any title documents provided by the seller to the Lands Commission office serving the area where the land is located and commission a title search. The search will reveal whether the land has been previously granted to another person, whether there are any encumbrances, disputes, or caveats registered against it, and whether the seller's title is clear. This step is non-negotiable.

5 Search the Collateral Registry If the seller is an individual or company, search the Collateral Registry (established under the Companies Act 2019, Act 992) to confirm that the land has not been pledged as security for a loan. A property that has been mortgaged cannot be sold without the lender's consent. If the seller has charged the land as collateral, a valid sale requires the lender's written release.

6 Commission an independent RICS or GhIS valuation Engage a RICS-registered or GhIS-registered valuer to assess the market value of the land. This protects you from overpaying and gives you an independent reference point for negotiation. For lenders, a RICS-standard valuation is required before any advance against the property.

7 Agree and execute a purchase agreement Once your due diligence is complete, instruct a solicitor to prepare a purchase agreement (also called a sale and purchase agreement or indenture) that sets out the agreed price, the payment terms, the completion date, and any conditions. Both parties sign the agreement. The agreement is not yet the transfer of title — it is the binding contract to proceed.

8 Pay stamp duty within 30 days The Stamp Duty Act 2005 (Act 689) requires that any document conveying land or creating a mortgage must be stamped within 30 days of execution. Stamp duty on a conveyance is 0.5% of the purchase price. Failure to stamp within 30 days attracts a penalty. An unstamped document cannot be used as evidence in court.

9 Execute the Transfer Deed (Indenture) The solicitor prepares the formal transfer document — called an indenture — which conveys the title from the seller to you. Both parties sign before witnesses. This document, once stamped, is your primary evidence of ownership.

10 Register at the Lands Commission Submit the stamped indenture to the Lands Commission for registration. Registration creates a public record of your ownership and protects you against subsequent third-party claims on the same land. An unregistered transfer is vulnerable — a third party who subsequently registers the same land in their name may have a superior claim in law.

11 Obtain your Land Certificate After registration, the Lands Commission issues a Land Certificate in your name. This is the formal proof of your registered title. Keep it in a secure location. For mortgaged property, the lender will typically hold the original Land Certificate as security.

12 Engage a property manager for investment land If you are acquiring land as an investment — particularly if you are a diaspora buyer — engage a licensed property manager or estate agent to monitor the land, pay ground rent if applicable, protect against encroachment, and maintain required contacts with the Lands Commission. Unchecked land is subject to encroachment, particularly in fast-developing areas.

3. What Renters Need to Know Renting property in Ghana has its own rules and risks. Whether you are renting a residential apartment, a commercial space, or farmland, there are key protections and obligations you need to understand. 3.1 The Rent Control Act and Advance Rent Ghana's Rent Act (Act 220) provides protections for residential tenants. The law limits the amount of advance rent a landlord can demand — in principle, landlords may not demand more than six months' rent in advance. In practice, advance rent demands of one to three years are common in major urban areas, and enforcement of the Rent Act is weak. This is an area where reform is needed and where prospective tenants should negotiate firmly. The Rent Control Department — operating under the Ministry of Works and Housing — has jurisdiction over residential tenancy disputes, including disputes about rent levels, advance rent, and wrongful eviction. If you are in a rental dispute, the Rent Control Department is your first port of call before civil litigation. 3.2 What Your Tenancy Agreement Should Include Every tenancy should be backed by a written tenancy agreement. A properly drafted agreement should specify: • The names and addresses of both landlord and tenant • The precise address and description of the property being rented • The monthly or annual rent payable and the payment schedule • The advance rent amount agreed and the period it covers • The duration of the tenancy and the notice period for termination • The responsibilities of each party for repairs and maintenance • The permitted uses of the property • Conditions for renewal and rent review • The deposit amount and conditions for its return PRACTICAL TIP If your landlord refuses to provide a written tenancy agreement, treat this as a serious warning sign. Verbal tenancy agreements are difficult to enforce and leave both parties exposed. A basic tenancy agreement can be drafted by any licensed solicitor for a modest fee. 3.3 Withholding Tax on Rent Tenants paying rent to a non-resident landlord — including a diaspora landlord — are required to withhold 8% of the gross rent and remit it to the Ghana Revenue Authority. This applies to commercial and residential tenancies. Tenants who fail to withhold are personally liable for the tax. For corporate tenants, withholding tax on rent to a resident landlord is also 8%. Always factor this into your rent calculations and ensure compliance. 3.4 Renting vs Buying — A Simple Framework FACTOR RENTING BUYING Capital required Advance rent only (1–3 years) Full purchase price + costs (typically 8–12% of price) Flexibility High — exit at end of tenancy Low — illiquid asset Long-term cost Rent continues indefinitely Asset appreciation potential Security Dependent on landlord Full title provides security Stamp duty 0.5% on rent deed 0.5% on conveyance price Best for Short-term stay, businesses, uncertainty Long-term plans, investment, wealth building

4. The Eight Types of Land Fraud in Ghana — and How to Avoid Them Land fraud is Ghana's most prevalent financial crime. It costs buyers millions of cedis every year and generates some of the most complex and protracted litigation in the country. Every single type of fraud on this list is preventable by following the due diligence steps in Section 2.

Fraud Type 1: Multiple Sales — The Same Land Sold to Different Buyers A seller — often a fraudulent intermediary — presents the same plot of land to multiple buyers, collects deposits or full payment from each, and disappears. The buyers are left fighting each other over the same land. This fraud is possible because buyers skip the Lands Commission title search. PREVENTION Always conduct a Lands Commission title search before paying any money. A registered title can only exist in one name. If a search reveals no prior registration, ensure your own registration is completed immediately after purchase. Fraud Type 2: Forged Documents Fraudsters present forged site plans, indentures, land certificates, or Lands Commission receipts. These documents look authentic but are fabricated. The buyer pays, and the fraud is only discovered when they attempt to register — and find the documents have no record at the Lands Commission. PREVENTION Verify every document independently at the issuing institution. Do not rely on photocopies or scans for due diligence. Physical verification at the Lands Commission is mandatory. Fraud Type 3: Sale by Unauthorised Family Members A single family member sells family land without the consent of other family members. They may be the most prominent or accessible family member but lack the authority to bind the family. The rest of the family challenges the transaction after payment. PREVENTION Require written consent from the family head and principal family members, witnessed and signed. Where possible, attend a family meeting. Fraud Type 4: Sale of Disputed or Encumbered Land The seller knows the land is subject to a legal dispute — with a rival family, a neighbouring stool, or a government acquisition — but does not disclose this. The buyer completes the purchase and inherits the dispute. PREVENTION Ask the seller directly about disputes and encumbrances. Conduct a Lands Commission search and a court records search. Engage a local solicitor who knows the area. Fraud Type 5: Sale of Government / Vested Land Sellers present themselves as having the authority to sell land that is actually government-reserved, vested, or compulsorily acquired. They take payment for land that cannot legally be privately transacted. PREVENTION Always check whether land falls within a government reservation or vested land area. The Lands Commission can advise. Government land is not available for private purchase without a specific government grant. Fraud Type 6: Fake Chiefs and Unauthorised Grantors A person presenting themselves as a chief, stool representative, or family head lacks the legal authority to grant the land they are purporting to sell. They may have impressive regalia, official-looking documents, and plausible stories — but no legal standing. PREVENTION Verify the identity and authority of any traditional grantor through the National House of Chiefs, the relevant Regional House of Chiefs, or the Customary Land Secretariat. Do not take the seller's word for their authority. Fraud Type 7: Identity Fraud by the Seller The seller is not who they claim to be. They present fabricated identity documents and claim to own land that belongs to someone else. By the time the fraud is discovered, they have vanished with the payment. PREVENTION Verify seller identity through National Identification Authority records. For high-value transactions, instruct your solicitor to conduct identity verification as part of anti-money-laundering due diligence. Fraud Type 8: Off-Plan Fraud A developer sells plots in a residential scheme that does not exist, is not legally approved, or has not secured the land rights properly. Buyers pay for plots in a development that is never built, or whose land is subsequently claimed by a third party. PREVENTION Before buying off-plan, verify that the developer has a valid development permit from the Metropolitan Assembly, that the land title is registered in the developer's name, and that the scheme is listed on the REAC register of licensed developers. Visit the site.

5. What Financiers Need to Know Lending against Ghana land requires a fundamentally different risk framework from lending against land in most other jurisdictions. Title risk, enforcement risk, and valuation risk are all elevated — but manageable with the right due diligence structure. 5.1 Title Risk — The Primary Risk for Lenders The primary risk in Ghana land lending is not the borrower's creditworthiness — it is the quality of the land title offered as security. A mortgage against disputed, unregistered, or fraudulently acquired land is worthless as security. The lender's ability to enforce against the security depends entirely on the validity of the borrower's title. Before any advance against land security, lenders must require: (1) a Lands Commission registered title in the borrower's name; (2) the original Land Certificate; (3) a Lands Commission title search confirming no prior encumbrances; (4) a Collateral Registry search confirming no prior charges; (5) a RICS-standard or GhIS-standard valuation by an independent, named valuer. 5.2 The Mortgages Act 2020 — What Lenders Must Know The Mortgages Act 2020 (Act 1052) modernised Ghana's mortgage law. Key provisions for lenders include: mortgages must be registered at the Lands Commission to be enforceable against third parties; non-judicial enforcement (power of sale without court proceedings) is available to licensed financial institutions where the mortgage deed provides for it; and the Act requires lenders to give formal notice to borrowers before exercising power of sale. REGISTRATION IS MANDATORY A mortgage that is not registered at the Lands Commission is not enforceable against third parties. If a borrower subsequently sells or further charges the property to a third party who registers, the unregistered lender may lose priority. Always register promptly. 5.3 Valuation Standards for Lending Property valuations used as a basis for lending decisions must be conducted by an RICS- or GhIS-registered valuer, in accordance with the RICS Red Book or the IVSC International Valuation Standards. Key requirements for a lending valuation in Ghana: • Market Value (MV) — the estimated amount for which the property would exchange on the valuation date between a willing buyer and a willing seller in an arm's-length transaction • Forced Sale Value (FSV) — the estimated amount obtainable in a constrained sale situation, typically 20–40% below MV depending on property type and location • Flood risk assessment — properties in identified flood-prone zones must be assessed for flood exposure, with appropriate FSV discounts • Title quality assessment — the valuer should flag any title deficiencies identified during due diligence • Comparable evidence — the valuation must be supported by comparable market transactions 5.4 Loan-to-Value Guidelines In the absence of Bank of Ghana guidelines specific to Ghana land, Property Databank advises the following LTV parameters as a starting point for internal credit policy: PROPERTY TYPE / LOCATION MAX LTV (MV) NOTES Prime residential — Accra (Airport, Cantonments, East Legon) 70% MV Strong market, liquid, good title quality Secondary residential — Accra suburbs 60% MV Good liquidity, some title risk Residential — flood-prone zones 50% FSV Mandatory flood risk discount applied to FSV Commercial property — Grade A 65% MV Lease quality and covenant strength critical Commercial property — secondary 55% MV Void risk; lease term must cover loan term Undeveloped land — serviced 50% MV Development risk; no income cover Undeveloped land — unserviced 40% MV High risk; title quality paramount

6. For Advisors: The Regulatory Framework Advisors — solicitors, valuers, estate agents, financial advisors, and architects — operating in Ghana's land and property market must understand and apply the core legislative framework. This section summarises the key legislation every advisor needs to know. 6.1 Key Legislation The Land Act 2020 (Act 1036) is the principal legislation governing land ownership in Ghana. It consolidates, repeals, and replaces several earlier land laws including the State Lands Act, Administration of Lands Act, and Land Title Registration Law. Key provisions include: the codification of all land interests; the 50-year leasehold restriction for non-citizens (Section 10); the establishment of Customary Land Secretariats; and the framework for compulsory acquisition. The Mortgages Act 2020 (Act 1052) governs the creation, registration, and enforcement of mortgages. It enables non-judicial enforcement for licensed financial institutions and modernises priority rules between competing interests. The Stamp Duty Act 2005 (Act 689) requires stamping of all instruments conveying land or creating security interests within 30 days of execution, at 0.5% of the transaction value for conveyances and mortgages. The Lands Commission Act 2008 (Act 767) establishes the Lands Commission and defines its functions, including title registration, land valuation, land use planning advice, and management of government lands. The Real Estate Agency Council Act 2020 (Act 1047) establishes REAC as the licensing and regulatory body for real estate agents and developers. All practicing estate agents must hold a REAC licence. Operating without a licence is a criminal offence. The Income Tax Act 2015 (Act 896) imposes withholding tax of 8% on rent payments and capital gains tax of 15% on gains from property disposals. 6.2 Professional Registration Requirements Valuers operating in Ghana must be registered with either RICS (Royal Institution of Chartered Surveyors) or GhIS (Ghana Institution of Surveyors). Valuations prepared by unregistered individuals are not accepted by licensed financial institutions for lending purposes and may not be accepted in court proceedings. Estate agents and property developers must be licensed by REAC. Advisors operating without the required registrations expose themselves and their clients to regulatory and legal risks. GHANA LAND & PROPERTY GUIDE SERVICES Property Databank Ltd offers RICS-standard valuations, title search coordination, flood risk assessments, investment advisory, and expert witness services in land and property matters. Contact us at f.hammond@pdbglobal.com or +233 544 020 280. 6.3 Stamp Duty — A Practical Note for Advisors The 30-day stamping deadline under Act 689 is frequently missed by parties in Ghana land transactions — often because the parties do not understand that it applies to every instrument, not just sale agreements. Advisors must build stamping compliance into their transaction management process as a default step, not an afterthought. An unstamped instrument cannot be used as evidence in civil proceedings.

7. Key Contacts and Resources The following institutions are relevant to anyone navigating Ghana's land and property market: INSTITUTION FUNCTION WHY YOU NEED THEM Lands Commission (Accra HQ) Title registration; title search; land valuation; land use planning Mandatory for title search and registration Customary Land Secretariat Customary land documentation; stool land grants For transactions involving stool or family land National House of Chiefs Directory of recognised chiefs and traditional authorities To verify authority of traditional grantors Collateral Registry Registry of security interests over personal and movable property To check for prior charges on seller's assets Real Estate Agency Council (REAC) Licensing of estate agents and developers; dispute resolution To verify agent and developer licences Rent Control Department Residential tenancy disputes; advance rent regulation For tenancy disputes and rent complaints Ghana Bar Association Directory of licensed solicitors To find a qualified conveyancing solicitor Ghana Institution of Surveyors (GhIS) Registration of surveyors and valuers To find a registered valuer RICS Ghana RICS-registered professionals in Ghana For RICS-standard valuation and professional advice Property Databank Ltd (PDB) RICS/GhIS registered valuations, advisory, research f.hammond@pdbglobal.com • +233 544 020 280

About Property Databank Ltd Property Databank Ltd (PDB) is a RICS-registered and GhIS-member integrated real estate solutions firm based in Accra, Ghana. Led by Professor Felix Nikoi Hammond — RICS, GhIS, FHAE — PDB provides valuations, advisory services, investment research, and property intelligence to lenders, investors, developers, government institutions, and individual clients across Ghana. PDB publishes the Ghana Market Monitor (quarterly), The Ghana Property Report (annual), Ghana Land & Property Perspectives (policy research), and the Ghana Land & Property Guide series. 15 Mayor Road, Ridge, Accra, Ghana • f.hammond@pdbglobal.com • +233 544 020 280 • www.pdbglobal.com

© 2026 Property Databank Ltd. This guide is published for general information and professional education purposes only. It does not constitute legal, financial, or investment advice. Readers should obtain independent professional advice before entering into any land or property transaction. All legislative references are to laws in force as at June 2026. Free to distribute with attribution to Property Databank Ltd.