In an eye-opening interview on Gumzang FM’s flagship morning show, “Beong Tengmaalug Sohug”, Mr. Mohammed Abu, Head of Public and Vested Land Management Division of the Lands Commission of the Upper East Region, broke down the sweeping reforms changing how Ghanaians acquire and secure land.
From the total abolition of freehold grants to the new digital “barcode” era, here is everything you need to know to protect your investment.
Severin Asobayire (Lands Officer, Public Vested Land Management Division- UER)
The most significant change comes from the Land Act 2020 (Act 1036). Mr. Abu clarified that the concept of owning land “forever” (Freehold) is now a thing of the past for new acquisitions. The law has repealed freehold interests. Whether it is State, Stool, Skin, or Family land, no authority can grant land in perpetuity anymore. For residential purposes, Ghanaian citizens are entitled to a maximum lease of 99 years. Foreigners are restricted to 50-year leases for both residential and commercial use. For citizens, commercial leases and gas/filling station lands are capped at 50 years and 25 years, respectively. If you held a registered freehold interest before the law changed, your rights are still recognized, but you cannot grant a new freehold interest to someone else.
The days of traveling to the regional capital or sending documents to Accra for a signature are over. The Commission is establishing district-level offices so residents don’t have to travel to Bolgatanga or Accra for basic inquiries. You can now request and pay for official searches online. Once the payment is confirmed, the search report is delivered to you digitally. Mr. Abu issued a stern warning regarding the preparation of land documents (Indentures/Leases): Per Section 33 of Act 1036, only a qualified legal practitioner is mandated to prepare a lease document. “Sitting in a corner” to draft your own legal papers makes them invalid. A common mistake is having one person witness for both the buyer (Lessee) and the seller (Lessor). “The seller’s witness cannot witness for the buyer. Both parties must have their own independent witnesses,” Abu emphasized. Since these are legal documents, you cannot use a pen to cross out mistakes. If an error occurs, the entire page must be reprinted and re-executed.
Surveyor George Oppong-Gyamfi (Head Land Valuation Division- UER)
A site plan is a map, not a proof of ownership. Mr. Abu explained that the Commission has introduced Barcoded Site Plans to stop fraud. Each site plan has a regional number linked to the specific buyer’s details. You cannot use someone else’s site plan, even if the plots are identical. You must engage a surveyor to produce a fresh plan in your name to be captured in the digital system. While many stop at signing an indenture, Mr. Abu stressed that registration is what confers legal title. Registered land can be used as security for bank loans or mortgages. Once registered, your boundaries are digitally defined, making it nearly impossible for others to “encroach” or double-register your land. For those who cannot sign and must use a thumbprint, the document must include a ‘Jurat’—a statement by an interpreter confirming the document was explained to the person in a language they understand.
“A lease is a contract, it must have a start date, an expiry date, and a clear ‘Root of Title’ showing exactly how the seller got the land. Without these, you are building on a shaky legal foundation.” — Mr. Mohammed Abu, Lands Commission