Important Considerations in Land and Property Disputes
Land disputes in Ghana often involve family, custom and formal registration all at once. What ADR can help with, and what needs other processes.
Liberty ADR Centre · · 2 min read
Land is valuable, and in Ghana it is often bound up with family history and custom. That combination can make land disputes particularly difficult. It is also why understanding the limits of each process matters.
Typical land disputes
- boundary and encroachment disagreements between neighbours;
- disputes among relatives about family land;
- disagreements after a sale, including payment disputes;
- the same plot apparently sold or allocated to more than one buyer;
- disagreements between landowners and developers.
Where ADR can help
Mediation and negotiation can be valuable where the people involved will continue to live or work near each other. A neutral can help the parties:
- understand each other's documents and concerns;
- agree practical steps, such as commissioning an independent survey or a search;
- agree access arrangements, cost sharing or adjustments to a boundary;
- reach a family agreement about the use or sharing of land.
Where ADR has limits
ADR cannot, on its own, establish title to land. A mediated agreement binds the people who sign it, but it does not register an interest in land, and it does not bind people with an interest who were not part of the process.
Where ownership is genuinely contested, the parties will usually need:
- official searches and records from the Lands Commission;
- survey evidence;
- legal advice from a lawyer experienced in land matters;
- in some cases, the involvement of customary authorities, family heads or the courts.
Before you buy, verify
Many land disputes begin with a purchase. Before paying for land, it is wise to conduct an official search, confirm who has authority to sell (particularly for family or stool land), check the site on the ground and take legal advice. These steps cost far less than a dispute.
Preparing for a land dispute process
Bring copies of indentures, site plans, receipts, allocation papers and search results; list everyone who may have an interest in the land; and write down the history of the land and the dispute.
If there are threats of violence or an unlawful occupation, contact the police and seek urgent legal help.
This article is general information, not legal advice. For advice about your own situation, please consult a qualified lawyer.