Most property disputes in Ghana trace back to something that could have been caught before any money changed hands — a title that wasn’t what it appeared to be, an encumbrance nobody mentioned, or a seller who didn’t actually have the right to sell. Due diligence is the set of checks that exists specifically to catch these problems while they’re still someone else’s problem, not yours.
This article walks through what “due diligence” actually means in practice for a Ghanaian property purchase, and why each check matters. It’s not a substitute for a lawyer and licensed surveyor doing this work for your specific transaction — it’s a guide to what you should expect them to be doing, and why.
Start by identifying which registration system applies
Ghana runs more than one land registration system at the same time. Deeds registration — recording that a transaction took place — applies nationwide, but a recorded deed is not, by itself, proof of ownership. A separate title registration system, which creates an authoritative ownership register and can issue a Land Title Certificate, currently only operates in specific declared registration districts, with Greater Accra having the broadest coverage so far. Before you can properly verify a title, you need to know which system governs the specific parcel — your lawyer should be able to confirm this quickly.
Verify the title itself
The Lands Commission, established under the Lands Commission Act, 2008, and now operating under the consolidated Land Act, 2020, maintains land records and offers a certificate search service that lets you check what’s recorded against a specific parcel. A search like this is how you start to confirm who actually holds an interest in the land, and whether that matches who’s selling it to you. The Lands Commission’s own site doesn’t publish exact fees or turnaround times for this service online, so confirm current requirements directly with them or through your lawyer rather than assuming a fixed cost or timeline.
What you’re ultimately trying to confirm: that the person selling actually holds the interest they claim to hold, that the interest is what they say it is (freehold isn’t available to non-citizens, so watch for anyone offering “freehold” to a non-citizen buyer), and that there isn’t a more recent or competing claim on the same land.
Check for encumbrances and disputes
A property can have a perfectly legitimate-looking seller and still carry a mortgage, a caveat, a family dispute, or pending litigation that isn’t obvious from a site visit or a casual conversation. This is one of the clearest reasons due diligence needs to be done by someone independent and qualified — these issues are found in records and searches, not by looking at the land itself.
Confirm the site plan matches the actual land
A site plan is a surveyor-produced document describing a parcel’s boundaries and location. It’s not unheard of for the boundaries on paper to differ from what’s physically on the ground, or for a seller to point out the “wrong” plot during a casual visit. A licensed surveyor can confirm that the documented boundaries and the physical land actually correspond — this is a distinct check from the legal title search, and both matter.
If you’re buying from a developer, check their registration
The Real Estate Agency Council (REAC), established under the Real Estate Agency Act, 2020, licenses and regulates real estate agents, brokers, firms, and developers, and maintains a public register you can search by name or licence number. Checking that a developer or agent is actually registered with REAC is a quick, concrete step that costs nothing and can surface a problem early. Note that the Ghana Real Estate Developers Association (GREDA) is a separate, voluntary industry association, not a government regulator — membership there is not the same thing as REAC registration.
For a new building, check permits — not just the land
Land title and building approval are two separate things, handled by two separate bodies. A building or development permit is issued by the local Metropolitan, Municipal, or District Assembly (MMDA), not the Lands Commission. For larger developments, an Environmental Protection Agency (EPA) permit may also be required before the assembly will issue a building permit at all. If you’re buying a completed or under-construction building rather than bare land, it’s reasonable to ask to see evidence of these approvals.
Confirm who you’re really dealing with
If anyone is acting under a power of attorney on the seller’s side, that document deserves the same scrutiny as the title itself — powers of attorney are a legitimate legal tool under the Powers of Attorney Act, 1998, but they’re also a commonly misused document in Ghana’s land market. Confirm independently that the person claiming authority actually has it, rather than accepting a document at face value because it looks official.
A due diligence checklist
- I know which registration system (deeds or title) applies to this specific parcel.
- A proper title/land search has confirmed the seller actually holds the interest they claim.
- The search has checked for encumbrances, caveats, mortgages, and disputes.
- A licensed surveyor has confirmed the site plan matches the actual physical land.
- Any agent or developer involved is confirmed as registered with REAC.
- For a building (not bare land), I’ve asked to see evidence of the relevant permits.
- Anyone acting under a power of attorney has had that authority independently verified.
- All of the above was done by professionals working for me, not introduced by the seller.
A sensible next step
Treat due diligence as a required stage, not an optional extra you can skip to move faster — the cost of doing it properly is small compared to the cost of a dispute later. If you’re buying from outside Ghana, see our Diaspora Property Guide for how distance changes some of these steps.
This article is general educational information, not legal advice. Every transaction is different — engage a qualified Ghanaian lawyer and licensed surveyor to carry out due diligence on your specific purchase. See our Editorial Disclaimer for more detail.
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