Transfer of Property Act at Ghana
In Ghana, property transfer is governed by local statutes, customary law, and case law, rather than by a single “Transfer of Property Act” like the one in India. Ghana does not have a statute titled “Transfer of Property Act,” but the country has a comprehensive legal framework for property rights and land transactions, primarily found in the Land Act, 2020 (Act 1036).
✅ Key Law: Land Act, 2020 (Act 1036)
This is the primary legislation governing the acquisition, ownership, use, and transfer of land and property in Ghana. It consolidates previous land laws and introduces reforms to streamline land administration.
🔑 Forms of Land Ownership in Ghana
Ghana recognizes multiple land tenure systems:
Customary Land (≈80% of land)
Owned by stools, skins, clans, or families under customary law. Transferred by chiefs or family heads.
Public Land
Owned by the state or held in trust by the state for public use.
Vested Land
Customary lands taken over and managed by the government (e.g. for development).
Private/Freehold Land
Less common; often derived from previous colonial or statutory grants.
📜 Property Transfer Process in Ghana
Here’s how property (especially land or buildings) is typically transferred:
1. Due Diligence
Verify ownership: Ensure the land is properly registered and not under dispute.
Conduct a search at the Lands Commission.
Check for encumbrances (mortgages, liens, or litigation).
2. Sale Agreement
A written agreement is signed by the buyer and seller.
It includes details like the property description, price, payment terms, and obligations of both parties.
3. Deed of Assignment / Conveyance
A legal document that transfers interest in the property to the buyer.
Must be signed and witnessed.
4. Consent (If Customary Land)
If the land is customary, consent from the chief, family head, or principal elders may be required before a legal transfer can take place.
5. Stamp Duty
Payable to the Ghana Revenue Authority (GRA) on the value of the transaction (typically 1–3%).
6. Registration at the Lands Commission
The executed deed is submitted for registration.
The buyer gets an indenture or land title certificate once approved.
7. Possession
Buyer takes physical possession of the property.
🧾 Other Important Legal Provisions
Constitution of Ghana, 1992: Guarantees property rights and places restrictions on land ownership by foreigners.
Customary Law: Still widely used for land under traditional authority. Transfers must comply with local customs.
Statutory Declarations Act, 1971 (Act 389): Often used in land claims where formal documentation is missing.
🔒 Foreign Ownership
Foreigners cannot own freehold interest in land.
They can lease land for up to 50 years, renewable.
All such leases must be registered.
🧑⚖️ Dispute Resolution
Disputes can be resolved through:
Customary arbitration (chiefs, elders)
Statutory tribunals and courts
Alternative Dispute Resolution (ADR) under the ADR Act, 2010
✅ Summary: Steps to Transfer Property in Ghana
| Step | Action |
|---|---|
| 1 | Verify ownership and do a search at the Lands Commission |
| 2 | Sign a Sale and Purchase Agreement |
| 3 | Execute a Deed of Assignment or Conveyance |
| 4 | Obtain consent if customary land |
| 5 | Pay Stamp Duty |
| 6 | Register the transaction at the Lands Commission |
| 7 | Take possession of the property |
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