Land continues to reign in Ghana as one of the most prestigious assets.
Families and individuals always thrive to acquire several lands as much as they could as a form of legacy to the younger ones, and even generations yet to come.
In the Ghanaian traditional society, people place much premium on lands, and families or individuals with large amounts of such property are highly respected and reputed.
While in some communities, the processes involved in acquiring land are less tiresome, others involve quite a number of stringent procedures, which are sometimes extremely time-consuming.
Though the Lands Commission of Ghana together with other Traditional lands Acquisition and Lands Registration Authorities have spelled out and outlined certain processes one needs to follow in order to avoid any issues of litigation, there are other deceptive and fake individuals who are working behind the scenes to interrupt these right and mandatory procedures.
In other words, there are certain people who claim to be agents or intermediaries and pretend to have the requisite knowledge in land acquisition and documentation.
They are all over the country, and by the time you are awake, they have already run away with your hard-earned money.
In this article, the author has carefully outlined the best and right procedures you need to follow to ensure that your lands are secure and safe.
Follow me, and let’s together learn more about these key processes.
Please note that you are assured of 99% accuracy of your lands being accepted for duty assessment once you meet all these outlined criteria.
First, the land document (instrument) tendered in for stamping must bear the original copy of a certified true copy of the original.
Photocopies will be accepted only if it has a supported affidavit.
- The title of the document must be clearly stated.
In other words, it must clearly show if it is a lease, or an Assignment, or a Conveyance, or a Sub-lease or a Gift;
- The document must also bear the Date, Month, and Year of the agreement and must as well bear the following;
- Names, Signatures, Contact Addresses of the parties.
- Names, Signatures, and Contact Addresses of the witnesses.
- The indenture must contain a site plan showing the precise (exact) location of the land and bear the name of the owner.
The name in the indenture must be the same as the name on the site plan.
- The document must also state the commencement date of the transaction and the term of the transaction.
For example, 99 years, 45 years, etc.
- The document must state the consideration, if any, as well as the rent passing.
- The narration and schedule in the document must vividly describe the location of the land (with landmarks if applicable) and state the size of the land, which be the same as that stated on the site plan.
- The site plan attached to the document must be signed by a licensed surveyor and approved/signed (with a date) by the Regional Surveyor of the Region where the land is situated.
For instance, if the land is situated in Takoradi, it must be signed by a Western Regional Surveyor.
- The site plan must bear the signatures of the parties on the back/rear side.
- The document must have a duly executed jurat, in case the document is thump-printed.
Finally, it must bear a Solicitor’s seal, have the Oath-of-Proof executed, and the deponent column completed and signed by the grantor’s Principal Witness to the transfer.
Note that you must go through all these processes before your land document will be accepted for duty assessment after you have paid your processing and stamp duty levy.
It is always advisable to get yourself updated with the laws of the country pertaining to land buying, land selling, leasing, and registration.