Essential Legal Tips for Buying Land Properties in Ghana and Nigeria. Acquiring landed property is a significant investment, and it is crucial to ensure that all legal aspects are thoroughly vetted to avoid future disputes or losses. Here are some free legal tips to consider when buying landed properties in Ghana and Nigeria:
- Family Properties
- When purchasing family properties, especially those belonging to royal or traditional families, make sure you are dealing with the Head of the family and at least two principal adult members of the family. The sale is considered null if the Head of the family alone, or principal members alone, attempt to sell the property. Be particularly cautious if only one person claims to represent the family.
- Company-Owned Properties
- Verify the Status Report of the company before making any payment. Ensure the property is registered in the company’s name and that the directors are signing the documents. Obtain the means of identification of the seller. If the seller claims to act on behalf of the family, request the Deed of Power of Attorney.
- Certificate of Occupancy (C of O) and Deed of Assignment
- A C of O is not a conclusive proof of title. Verify that it was not falsified, obtained fraudulently, or issued for an encumbered property. For properties with a Deed of Assignment, ensure it is registered, stamped, and verified as unencumbered. An unregistered Deed of Assignment cannot transfer a valid legal title, similar to a simple contract for the sale of land.
- Church or Mosque Properties
- Ensure the property is registered in the name of the Church or Mosque. Deal only with the registered Trustees, not just any Imam or Pastor, as they are often employees without the authority to sell properties.
- Properties from Couples
- Request the marriage certificate and deal with both the husband and wife. Both should sign the documents in the presence of a witness to avoid issues, especially if they are undergoing a divorce. Do not accept permissions that are not jointly given.
- Properties Subject to a Will
- Verify the will if someone claims inheritance. Ensure the will is not under litigation and that the Executors have issued an Assent to the beneficiary. Obtain a copy of the Probate issued to the Executors. If there is no will, ensure you receive Letters of Administration, which are necessary to validate the sale.
- Properties from Developers
- Title documents are not enough. Ask for development or building permits and evidence of payment for ground rents and land use charges.
For comprehensive legal advice, always consult a lawyer. This will help you navigate the complexities of property transactions and ensure a secure investment.
For more legal tips, consult a lawyer to guide you through the process and ensure all legal requirements are met. Buying Land Properties in Ghana
