Real Estate Documents

May 12, 2025

The paperwork may seem overwhelming when acquiring property in Ghana, but it’s the foundation of a secure investment. Whether you’re considering a luxury apartment at developments like The Madison or Sapphire in Accra or looking elsewhere, understanding the essential real estate documents can save you from future legal complications and financial losses.

As Ghana’s real estate market continues to flourish, particularly in prime areas like Labone, ensuring your investment is protected through proper documentation is more critical than ever. This guide will walk you through the key documents you need to verify before signing on the dotted line.

Title Deed: Your Proof of Ownership

The title deed is arguably the most crucial document in any property transaction. It serves as legal proof of ownership and details the rights associated with the property.

Types of Title Deeds in Ghana:

  • Freehold Title: Gives absolute ownership with no time restrictions
  • Leasehold Title: Grants ownership for a specific period, typically 99 years
  • Customary Title: Land held under traditional ownership systems

How to Verify Authenticity:

  1. Conduct a title search at the Lands Commission to confirm the seller is the legitimate owner
  2. Check for any encumbrances, liens, or restrictions on the property
  3. Verify that the deed has been properly registered with the appropriate authorities
  4. Cross-reference the property details with physical boundaries

Case Study: A client nearly purchased a premium apartment in Accra, only to discover during verification that the seller had used the same property as collateral for an outstanding loan. A thorough title check saved them from inheriting significant debt along with their dream home.

Land Survey Plan: Defining Your Boundaries

A land survey plan provides a detailed technical description of the property’s boundaries, dimensions, and location. This document helps prevent boundary disputes and encroachment issues.

What to Look For:

  • Survey beacons or pillars marking boundaries
  • Accurate measurements and dimensions
  • Approval stamps from the Survey and Mapping Division
  • Site coordinates that match the physical property

Without a proper survey plan, you risk purchasing a property with unclear boundaries or, worse, one that partially encroaches on neighbouring land, leading to costly legal battles down the line.

Sale Agreement: The Terms of Purchase

The sale agreement outlines the terms and conditions of the property transaction. It’s a legally binding contract that protects both buyer and seller.

Key Elements to Check:

  • Complete details of both the buyer and the seller
  • A comprehensive property description matching the title deed
  • Clear purchase price and payment schedule
  • Specific completion timeline
  • Responsibilities for transfer costs and taxes
  • Default clauses and remedies
  • Special conditions (if any)

A well-drafted sale agreement prevents misunderstandings and provides legal recourse if either party fails to fulfil their obligations.

Receipt of Payment: Evidence of Transaction

Always insist on official receipts for every payment made during the property acquisition process. These receipts serve as proof of payment and are essential for resolving any future disputes.

Best Practices:

  • Ensure receipts include the seller’s details, date, amount, and purpose
  • Avoid cash transactions where possible; use bank transfers for better documentation
  • Keep receipts organised and easily accessible
  • Make sure receipts correspond with amounts stated in the sale agreement

These documents are crucial when transferring ownership and demonstrating that you’ve fulfilled your financial obligations.

Building Plan Approval: Legal Construction Confirmation

If you’re buying a newly constructed property or planning to build, approved building plans are non-negotiable. These documents confirm that the construction complies with local building codes and regulations.

What to Verify:

  • Approval stamps from the appropriate municipal authority
  • Consistency between plans and the actual construction
  • Compliance with zoning regulations
  • Environmental permits (if required)

Purchasing property without approved building plans could result in demolition orders or costly modifications to bring the structure into compliance.

Tax Clearance Certificates: Free from Liabilities

Tax clearance certificates confirm that all property-related taxes have been paid. These may include property rates, capital gains tax, and stamp duty.

Why They Matter:

  • Prove the property has no outstanding tax liabilities
  • Required for the proper registration of the property transfer
  • Protect you from inheriting previous tax obligations
  • Essential for the legal recognition of the ownership change

Always request current tax clearance documents to ensure you don’t inherit the previous owner’s tax burdens.

Power of Attorney (If Applicable): Authorised Representation

When the property seller is represented by someone else, a Power of Attorney document grants them legal authority to conduct the transaction.

Red Flags to Watch For:

  • Incomplete or improperly executed Power of Attorney
  • Missing notarization or legal certification
  • Vague or overly broad authority
  • Recently created documents (may warrant further investigation)

A fraudulent Power of Attorney can invalidate the entire transaction, so thorough verification is essential when dealing with a representative rather than the owner directly.

Common Pitfalls and How to Avoid Them

Document Red Flags:

  • Inconsistencies in property descriptions across different documents
  • Missing official stamps, signatures, or registration numbers
  • Recently backdated documents
  • Reluctance from sellers to provide original copies for verification

Due Diligence Recommendations:

  • Hire a qualified lawyer specialising in real estate
  • Conduct independent searches at the Lands Commission
  • Visit the property with a surveyor to verify boundaries
  • Meet with neighbourhood authorities to confirm ownership history
  • Cross-verify documents with multiple sources

Working with Reputable Developers

Working with established developers like Landmark Homes significantly reduces documentation risks. For premium developments like Sapphire in Labone and The Madison in Accra, comprehensive documentation packages are provided with every purchase.

These developments offer:

  • Clear title documentation for all properties
  • Properly approved building plans
  • All necessary permits and approvals
  • Transparent payment processes with proper receipts
  • Professional legal support throughout the transaction

Investing in properties from reputable developers offers peace of mind that all documentation is thorough, legitimate, and properly registered.

Conclusion

Navigating Ghana’s real estate documentation can be complex, but thorough verification is your best protection against fraud and legal complications. By understanding these essential documents and conducting proper due diligence, you can approach your property purchase with confidence.

Whether you’re considering prestigious developments like The Madison with its 27 luxury apartments or Sapphire with its 41 meticulously crafted units in Labone, taking the time to verify documentation is an investment in your future security.

Frequently Asked Questions

1. How can I verify the authenticity of a title deed in Ghana?

 You can verify title deed authenticity by conducting a search at the Lands Commission. This process confirms the registered owner, reveals any encumbrances, and validates the document’s legitimacy.

2. What should I look for in a sale agreement?

 A comprehensive sales agreement should include complete buyer and seller details, exact property description, clear pricing and payment terms, specific timelines, responsibility for costs, and remedies for default.

3. Why is a land survey plan important before buying?

 A land survey plan defines exact boundaries and dimensions, preventing future disputes over property lines. It ensures you’re acquiring exactly what you’ve paid for and protects against encroachment issues.

4. Can I buy property without seeing the building plan approval?

 While technically possible, purchasing without verified building plan approval is extremely risky. The structure may violate building codes, resulting in potential demolition orders or costly modifications to achieve compliance.

5. How does Landmark Homes GH ensure document transparency for buyers?

 Landmark Homes provides comprehensive documentation packages for developments like Sapphire and The Madison. These include verified title deeds, approved building plans, and all necessary permits, with dedicated legal support throughout the purchase process.

Don’t let paperwork hold you back from owning your dream home. At Landmark Homes, we provide fully verified documents and transparent transactions for developments like Sapphire and The Madison. Contact us today to learn more about secure property investments in Ghana.