Business and Investment Disputes
Disagreements between partners, shareholders, investors, suppliers and customers, handled in a way that protects commercial confidentiality and working relationships.
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Land and Property Disputes
Boundary, ownership, family land and development disputes, approached carefully because land rights in Ghana often raise legal and customary questions that need proper verification.
Overview
Land carries financial, family and cultural significance, which is why disagreements about it can become deeply entrenched. Boundary disputes between neighbours, competing claims after a sale and disagreements among relatives over inherited land are all common.
ADR can help the people involved talk through the dispute, understand each other's documents and concerns, and work towards an arrangement they can live with. It is particularly useful where the parties will continue to live or work alongside each other as neighbours, relatives or business partners.
ADR cannot, on its own, create or confirm title to land. Questions of ownership and registration may need official searches, survey evidence, legal advice and, in some cases, the involvement of customary authorities or the courts.
How ADR may help
- Neighbours and relatives can address the dispute without the hostility contested litigation can bring.
- Practical arrangements, such as adjusting a boundary, sharing the cost of a survey or agreeing access, can be explored.
- Discussions take place in private.
- A structured process can stop a disagreement from escalating.
Limits to be aware of
- A mediated agreement does not register title or override the rights of people who are not part of the process.
- Where ownership is genuinely contested, documentary and survey evidence, official searches and legal advice will usually be needed.
- Disputes involving stool, skin or family land may need the participation of the appropriate customary authority or family heads.
- If there are threats of violence or an unlawful occupation, contact the police or seek urgent legal help.
Resolution methods
Which process might fit
Negotiation
Can work well for neighbour disputes about boundaries, walls or access where both sides want a practical fix.
Mediation
Often appropriate for family land disputes and disagreements after a sale, where the parties need help to communicate and explore options.
Arbitration
May be used where the parties agree to let a neutral decide specific issues, within the limits of the law. It is not a substitute for official title processes.
Unsure of the difference? Read Mediation vs Arbitration.
How to prepare
Good preparation makes any process more productive. You do not need everything before getting in touch.
- Collect copies of any indenture, site plan, receipts, allocation papers and search results you hold.
- List everyone with an interest in the land, including family heads and other occupants.
- If a boundary is disputed, consider whether an independent survey would help.
- Write down the history of the land and of the dispute as clearly as you can.
- Consider taking advice from a lawyer experienced in land matters before agreeing any settlement.
What to expect
How the process may work
This is a typical outline. The actual process depends on the dispute, the people involved and any agreement or law that applies.
Step 1: First discussion
We discuss the dispute, who is involved and what documents exist, and whether ADR is a sensible next step.
Step 2: Bringing in the right people
Land disputes often affect people beyond the two main parties. We consider who needs to take part for an agreement to work.
Step 3: Agreeing the process
The parties agree the process and ground rules before sessions begin.
Step 4: Sessions
The neutral helps the parties examine documents, concerns and options, which may include independent verification steps.
Step 5: Recording the outcome
Any agreement is written down for signature. We encourage the parties to take legal advice on registration and any further formal steps.
Important legal information
Land matters in Ghana involve statute, customary law and formal registration processes. An ADR process does not replace the official processes of the Lands Commission, or the decisions of the courts and customary authorities where those are required. Please take independent legal advice about ownership and title.
Questions
Questions about land & property disputes
Can mediation decide who owns a piece of land?
No. Mediation helps the parties reach their own agreement; it does not decide ownership. Where ownership is genuinely in dispute, official searches, survey evidence and legal advice are usually needed, and some questions can only be determined by the appropriate authorities or courts.
Does everyone in the family need to be involved in a family land dispute?
Not always, but an agreement is only as strong as the people who are part of it. If others have a recognised interest in the land, leaving them out can make an agreement difficult to rely on. We will discuss who should take part at the start.
What should I bring to a first meeting about a land dispute?
Bring copies, not originals, of the documents you have: indentures, site plans, receipts, letters and search results, together with a short written timeline of events.
Related services
Other areas we can help with
Family and Marital Disputes
Separation arrangements, arrangements for children, family property and inheritance disagreements, handled with discretion and close attention to safety and children's wellbeing.
Learn moreChieftaincy and Traditional Disputes
Support through dialogue for families, communities and traditional institutions, working alongside, never in place of, the customary and statutory bodies that determine chieftaincy matters.
Learn more
Next step
Talk to us about a land & property dispute
Tell us what is happening in your own words. We will explain the options available and whether ADR is likely to help. Sending an enquiry does not commit you to anything.