The Importance of Legal and Physical Inspections Before Purchasing Land in Ghana.
When purchasing land in Ghana, there are two essential inspections every prudent purchaser must undertake.
These inspections are not merely good practice; they are part of the due diligence expected by the courts before a purchaser can claim to be a bona fide purchaser for value without notice.
Ghanaian courts have consistently held that a purchaser who fails to conduct proper investigations cannot rely on the protection afforded to an innocent purchaser.
1. Lands Commission Inspection (Legal Inspection)
The first inspection is a legal investigation conducted through the Lands Commission. This inspection enables the purchaser to ascertain whether the seller has a valid legal interest capable of being transferred.
A prudent purchaser should verify:
1. Whether the seller is the registered owner of the land.
2. Whether the land is registered in the seller’s name.
3. Whether there are mortgages, cautions, court injunctions or other encumbrances affecting the land.
4. Whether the site plan corresponds with official survey records.
5. Whether the land is stool land, family land, state land or private land.
6. Whether there are competing registered interests or pending disputes affecting the property.
Conducting a search at the Lands Commission creates documentary evidence that the purchaser exercised due diligence before completing the transaction.
2. Physical Site Inspection (Actual Inspection)
A legal search alone is insufficient. A prudent purchaser must also conduct a physical inspection of the land.
The purpose of this inspection is to determine whether there are persons or circumstances on the ground that would put the purchaser on notice that another person may have an existing interest in the property.
A proper inspection should include:
1. Visiting the land personally.
2. Confirming that the land corresponds with the site plan.
3. Determining who is in actual possession.
Looking for signs of occupation or ownership.
4. Speaking to neighbours or adjoining landowners.
5. Confirming that there are no encroachments or overlapping claims.
Particular attention should be paid to physical indicators of possession, including:
1. Farming activities or planted crops.
2. Land clearing or site preparation.
3. Buildings or ongoing construction.
4. Fences or boundary walls.
5. Corner pillars marking the boundaries.
6. Signposts warning against trespass.
7. Building materials or other artificial objects placed on the land.
8. The presence of a caretaker or watchman.
These visible acts may indicate an existing equitable interest even where that interest has not yet been registered.
Due Diligence and the Bona Fide Purchaser
A bona fide purchaser for value without notice is a purchaser who acquires a legal interest in land in good faith, pays valuable consideration and has neither actual nor constructive notice of another person’s prior equitable interest.
To establish this status, the purchaser must demonstrate that proper due diligence was undertaken before payment.
The minimum due diligence expected includes:
1. Searching the Lands Commission to determine all registered interests affecting the land.
2. Inspecting the property to determine who is in actual possession.
3. Confirming that the seller is both in possession and appears as the registered owner where the land is registered.
4. Where the seller’s interest is unregistered, making further inquiries to discover any unregistered equitable interests.
5. Examining the property for acts of possession, including cultivation, fencing, pillars, construction, signposts, caretakers and other evidence that another person may be asserting ownership.
6. Failure to undertake these investigations may amount to constructive notice, preventing the purchaser from relying on the defence of an innocent purchaser.
In our fight against galamsey, prosecution of the main kingpins is necessary. Wontumi has been convicted so it’s no longer “alleged” but rather stated in court record that he’s a criminal based on the evidence he couldn’t dispute.
However NPP will gather illiterates to come and protest on the roads crying that this is political persecution. That’s how the country will be damaged.
If Wontumi serves his term without pardon, many politicians will stop doing and sponsoring these illegal activities but, if Wontumi is pardoned and made to go Scot free, the foundations of our country will collapse.
His prosecution was a matter, many lawyers, politicians and the media followed keenly from the beginning to the end. He knew what he was doing and the judge was just.
@donhasal1@Serwaa_Amihere Plea bargain is a constitutional provision for everyone. Not for the rich or politicians. They are not more human than anyone. They only have the means and utilize all legal provisions (opened for everyone). So bcos Yaw can't defend himself, stealing should not be punished?
COURT UPDATE
On Thursday, the Attorney General filed a motion on notice to make further disclosures in the NSB case
The disclosures are salaries earned by Kwabena Adu Boahen as DG of National Signals Bureau from 2017-2020
The AG wants to prove charge of money laundering
1/5
Stop treating relationships like annual procurement contracts. What do you do for your man on his birthday? Work and get yourself the present you desire.