Not long ago, a case was brought to my attention involving a widow who had purchased two plots of land in Amasaman, a suburb in Ghana during the 1990s. She built a modest two-bedroom home on a quarter of the land to house herself and her three children, hoping that when her financial situation improved, she could construct her dream home.

Fast forward to 2021, while at work, she received a distressing call, two men, accompanied by a group of heavily armed individuals, had stormed her property, claiming ownership of the land and demanding that she vacate immediately. She came to my office visibly shaken and overwhelmed. The only legacy she had worked so hard to build was being taken from her with blatant impunity and no one seemed willing to help.

Sadly, her experience mirrors that of many Ghanaians and non-Ghanaians who buy land, only to later discover that it has been sold to multiple buyers or that their transaction was not with the rightful owners.

Acquiring land in Ghana can be complex, and the situation becomes even more daunting when you are forced to defend what you rightfully purchased. In this article, we will explore practical steps to take when you find yourself embroiled in a land dispute or are bracing for what may become a legal battle to protect your property.

How to Protect your land in Ghana

Engage the service of a Lawyer

First and most importantly, engage the services of a lawyer. I cannot stress enough the importance of engaging the service of a lawyer during land disputes. (In fact, it is imperative to engage the services of a lawyer before you purchase any landed property, but if you are in this situation, there is no point crying over spilt milk). Engaging the services of a lawyer in land disputes is essential because land laws are often complex and require expert interpretation and application. A lawyer ensures proper documentation and evidence handling, protects your legal rights, and provides representation in court or alternative dispute resolution processes. They help avoid costly mistakes, navigate complicated issues such as multiple claims or customary interests, and ensure that judgments are properly enforced. Overall, a lawyer’s expertise significantly improves your chances of securing a favourable and legally sound outcome.

A lawyer will be better equipped to help you through the steps listed below.

Gather all documentation

In any land dispute, it is crucial to gather all relevant documentation to support your claim. This includes title documents such as an indenture, lease, land certificate, or deed of assignment; proof of payment like receipts, Cheques paid (always keep copies of cheques), bank transfers, or sale agreements; and registered site or cadastral plans from the Lands Commission. Additionally, photographic or video evidence showing your possession or development of the land can strengthen your case significantly.

Confirm the legitimacy of your ownership

Conduct a search at the Lands Commission (or appropriate regional authority) to reconfirm that your interest is properly registered. If there was family or stool land involved, double-check that the transaction was executed by the right custodian or with the right consent.

Document the threat or encroachment

Record any verbal threats in writing. Take pictures or videos of anyone or activity on the land or any structures being erected or demolished. If you receive a letter or notice challenging your ownership or threats keep copies and note when you received them.

Report the matter to the police

In the case of harassment, it is imperative to report the matter to the police for there to be an official record of harassment or trespass.

Initiate legal proceedings

If dialogue fails, sue! One thing I have noticed is that, in our part on the world, many are afraid of Litigation. The fear suing or being sued. It is understandable to have reservations against litigation mainly because of the cost and time involved, but in most cases, Litigation is your best bet in ensuring that your rights are protected. Your lawyer can help you file the appropriate court action in the High Court or Circuit Court depending on the value of the land. Which brings me to my next point.

Avoid self-help

Never resort to force or land guards to reclaim or defend your property, it can backfire and be considered criminal conduct. Allow the law to take its course through proper legal channels.

Monitor and secure the property

If its a virgin land (undeveloped), it is important to erect a fence wall, signage, or employ a security man to prevent unauthorized entry. In law, this is called acts of possession. Keep an eye on ongoing activity until the matter is fully resolved.

Engage Traditional or Local Authorities (where applicable)

In areas where chiefs or family heads have influence, you may seek a formal declaration or testimony of your purchase from them to support your case. This is particularly helpful if the sale was under customary law.

Land ownership is one of the most significant investments anyone can make, yet it remains one of the most vulnerable areas of property law in Ghana. As illustrated by the widow’s experience, the failure to take early and informed legal steps can lead to devastating consequences. Whether you are in the process of acquiring land or already facing a dispute, it is important to act swiftly. While the process may be daunting, it is possible to protect what is rightfully yours with the right guidance and action. In land matters, prevention is always better than cure, but when conflict arises, knowledge of the right steps can make all the difference.

For more on legal protections and regulatory compliance in Ghana, also read our article on copyright protection in Ghana – For Content Creators and Businesses