Before buying land in Ghana, the single most important legal step is conducting an encumbrance search at the Lands Commission. This search reveals whether there are any existing claims, restrictions, or burdens on the land that would affect your ownership. Many buyers skip it — and discover too late that the land they bought is mortgaged, subject to a court order, or has been sold to someone else.
What Is an Encumbrance?
An encumbrance is any charge, claim, restriction, or liability that affects a property. Common encumbrances include:
- Mortgage or charge: The property is security for a loan. If the owner defaults, the lender can sell it.
- Caveat: A third party claims an interest in the property and has lodged a warning at the Lands Commission. No transaction can proceed while a caveat is in force without the caveator's consent.
- Court order or injunction: A court has restricted what can be done with the property (often in a divorce or family dispute)
- Easement: Another party has a right to use part of the land (e.g., right of way across it)
- Restrictive covenant: The title contains conditions limiting what can be built on it
- Notice of acquisition: The government intends to compulsorily acquire the land
How to Conduct an Encumbrance Search
Visit the relevant Lands Commission regional office (Accra, Kumasi, Takoradi, Tamale, etc.):
- Submit a search request form
- Provide details of the property: plot number, registration number, site plan reference, or owner's name
- Pay search fee: GHS 100–500
- The search is conducted against the register — within 1–5 working days typically
- You receive a written search result
What the Search Result Tells You
- Whether the property is registered at all
- The registered owner's name
- The nature of the interest (freehold, leasehold)
- Whether any mortgage is registered against the property
- Whether any caveats have been lodged
- Whether there are any court orders
- Whether the land is subject to any compulsory acquisition notice
Unregistered Land: The Gap
Not all land in Ghana is registered. If the land is not yet registered at the Lands Commission, an encumbrance search at the Commission may return nothing — even if the land has been sold multiple times. For unregistered land, additional enquiries are needed:
- Search the traditional authority records (chief's register)
- Investigate locally (talk to neighbours and community members)
- Check planning authority records
How Long Does a Search Result Stay Valid?
A search result is only accurate at the date it was conducted. If significant time passes between your search and completion of the transaction, conduct a new search immediately before signing. A clean search result from 6 months ago does not protect you from a mortgage registered 3 months ago.
What to Do If You Find an Encumbrance
- Mortgage: Insist the mortgage is paid off from the sale proceeds before you pay the full price — do not pay the seller and trust them to pay the bank
- Caveat: Do not proceed until the caveat is withdrawn or the underlying claim is resolved
- Court order: Get a lawyer to review the order — some are old and may be spent; others are live and stop the transaction
Use our free Land Deal Risk Check before any property purchase. Read about the full transfer process and land title certificates.