Wednesday, June 3, 2015

Buying a House in Ghana? 5 Legal Processes You Should Know


Owning a home is one of the greatest achievements in life, and it is a dream comes true for many people. If you are planning to own a property in Ghana, take the necessary precautions to avoid finding yourself in a string of never-ending disputes and possible court battles. To help you, follow these simple 5 legal processes whenever you want to acquire a home or any other real estate property in Ghana.

1. Inspect the property

Conducting an inspection helps to determine whether the property is suitable for the purpose that you intend to purchase it for or not. For instance, a home is a residential property that can be occupied by the owner, sold, or rented to other occupants for revenue generation.

2. Prove ownership of property

In Ghana, it is common to find unauthorized persons--who have no rights to ownership--selling properties. Other times, a property is sold to several buyers, something that can run you into legal problems, especially if you are the owner. Having your property checked and cleared by the land registry office in Ghana, therefore, saves you from unnecessary disputes.
A real estate lawyer should review the title and have it cleared. This process may take longer if you have not presented all the necessary documents required for the search. A buyer may also need to conduct a property search at Traditional Council and law court to find out if there might be disputes pending over the land or property.

3. Transfer of title

The piece of land, where your prospective home sits on, should have a title of ownership. Transfer of title can be a complex process that needs someone who understands the basis of title transfers, and only a rightful owner of a home and its land can authorize the transfer of the property. Your name has to be captured properly as the buyer so that it does not raise issues in the future. Conflicting names indicated in the title transfer could create problems, and you may not be able to sell the property if you so wish.

4. Obtain the necessary permits

Acquiring permits in Ghana can be a complicated process, especially for the first-time home-buyers. This is because, there are laid down regulations and laws governing the obtaining of permits in any home buying deal. Nevertheless, obtaining permits protects you from fines and possibly demolition of your property. Such problems can occur if, for instance, you later discovered that you did not follow due process in obtaining all the necessary permits including inspections. A proof of compliance is needed, and inspectors will ask for permits when they visit your premises.

5. Registration of the title

Land properties should have titles registered at the Ghana Lands Commission Secretariat. The registration may take some time; however, if you have all the necessary documents, it helps prevent further delays. To register a property shows that you have complied with the property transfer guidelines and regulations. This is one way to protect your investment.
Unless a registration has been done, the property's search at the Deeds Registry or Lands Commission continues indicating that the vendor is still the rightful owner. To read otherwise, you will have to pay fees to cater for all property acquisition process.

There may be no restrictions on buying and owning land in Ghana; however, there are different categories of land, some of which may not be privately owned. A number of legal processes exist to help address the issues involved in property ownership and protect both the seller and buyer. Therefore, before you sign any home buying document or pay for a home, you may want to seek the help of a real estate property lawyer to help get every detail correct and handle the process within the law.

 

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