Understanding Land Tenure Systems in Ghana and Nigeria: A Guide for Property Buyers

Land ownership in Africa, particularly in Ghana and Nigeria, is governed by unique and complex tenure systems that significantly impact property transactions, investment opportunities, and security of ownership. Understanding these frameworks is crucial for individuals looking to buy land in either country. This guide provides an in-depth look at the regulations, considerations, and risks involved in acquiring land in Ghana and Nigeria.

Ghana’s Land Tenure System

Ghana’s land tenure system is a blend of customary and statutory frameworks. Approximately 80% of land in Ghana is customary land, owned by stools, skins, clans, or families, with traditional leaders acting as custodians. The remaining 20% consists of state-owned land and vested land, which the government manages on behalf of customary owners.

Key Aspects of Ghanaian Land Ownership

• Types of Land Ownership:
  
  • Stool/Skin Lands: Held by chiefs or traditional leaders in trust for their communities.
  • Family/Clan Lands: Owned and managed by family heads.
  • State Lands: Owned and controlled by the government.
  • Vested Lands: Jointly managed by the government and customary authorities.
• Leasehold vs. Freehold:
  
  • Leaseholds are the most common form of land tenure, with durations of up to 99 years for Ghanaians and 50 years for foreigners.
  • Freehold interests in customary lands are no longer permitted under Ghanaian law.
• Registration and Due Diligence:
  
  • Buyers must conduct thorough due diligence, including verifying ownership at the Lands Commission.
  • Searches should be conducted at courts to ensure no ongoing litigation exists on the property.
  • Zoning requirements must be checked to confirm the intended use of the land.

Steps to Acquiring Land in Ghana

1. Conduct Due Diligence: Verify ownership with the Lands Commission, check for encumbrances, and confirm zoning laws.
2. Engage Legal Experts: Work with real estate lawyers to validate contracts and ensure compliance with regulations.
3. Negotiate and Execute Agreements: Lease agreements should clearly define terms, obligations, and renewal options.
4. Register Land with the Lands Commission: This process provides legal recognition and protection against disputes.
5. Secure Your Investment: Construct boundary walls or take legal action against trespassers when necessary.

Nigeria’s Land Tenure System

Nigeria’s land ownership framework is primarily governed by the Land Use Act of 1978, which vests all land in the state governments, with individuals and entities granted leasehold rights. Unlike Ghana, where customary landowners hold significant authority, land in Nigeria is controlled by governors of each state.

Key Aspects of Nigerian Land Ownership

• Types of Land Ownership:
  
  • State-Owned Land: Managed by the governor and allocated via Certificates of Occupancy (C of O).
  • Customary Land: Subject to local traditions and requires validation by state authorities.
  • Private Land: Held under long-term lease agreements.
• Certificate of Occupancy (C of O):
  
  • Issued by the government, it serves as proof of land rights but does not confer absolute ownership.
  • Typically granted for 99 years for Nigerian citizens.
• Governorship Consent Requirement:
  
  • Any transfer of land must receive approval from the governor, ensuring regulatory oversight.

Challenges in Nigerian Land Ownership

• Lengthy processing times for C of O applications.
• Bureaucratic bottlenecks in securing land titles.
• Risk of land disputes due to improper documentation.

Steps to Acquiring Land in Nigeria

1. Verify Land Title: Ensure the land has a valid C of O or governor’s consent.
2. Conduct Land Searches: Check records at the state land registry to confirm ownership status.
3. Engage Legal Professionals: A property lawyer is essential for drafting and reviewing contracts.
4. Obtain Governor’s Consent: Required for transferring ownership.
5. Register the Title: Complete registration with the land bureau for official documentation.

Final Considerations and Risks

• Fraud Prevention: Both Ghana and Nigeria have risks of land fraud. Always work with trusted legal experts and real estate firms.
• Hidden Costs: Factor in survey fees, legal fees, and title registration costs.
• Long-Term Viability: Lease renewals and governor’s consent processes should be planned in advance.

Navigating the land tenure systems in Ghana and Nigeria requires a comprehensive understanding of both customary and statutory frameworks. Seso Global offers a comprehensive digital property marketplace that simplifies the process of acquiring land in Ghana and Nigeria. By providing access to legal and property experts, digital tools, due diligence support, and verified sellers, Seso Global ensures a secure and seamless property purchasing experience. Their platform features over 15,000 verified property listings, allowing buyers to search, finance, and purchase properties with confidence. Additionally, Seso Global’s ecosystem includes professional service providers, such as trusted lawyers and real estate professionals, to guide buyers through each step of the transaction. With Seso Global, investors can secure their property interests and contribute to sustainable land development in West Africa.