There are two main non-negotiable requirements to us our service: One is litigation-free land registered in your own name (or a registered business you're an owner or shareholder of) - The other is Ability to Repay (Proof of Regular Monthly Income Above GHS2,000).
Your land MUST:
• be located within our covered regions of Ghana
• not have been used to collateral for a loan. It's ok to have previously been used as collateral but it cannot have existing lien(s) as at the time of applying with us.
PROOF OF LAND OWNERSHIP
Receipts are not proof of land ownership. The only main acceptable proofs of land ownership. Currently, there are two (2) systems of land registration in Ghana - These are the Land Title Registration (LTR) System, and the Land Deeds Registration (LDR) System.
- Indenture
- Land Title
Indenture
Securing an indenture doesn’t guarantee ownership of land. An indenture is just an agreement or contract between the vendor(seller) and the prospective buyer, which also contains the duration the land was being leased.
Prospective landowners must present the indenture to the Client Service and Access Unit (CSAU) of the Lands Commission to continue the registration process till one secures the land title certificate (register your interest in the land if land title is not covered in your region or area).
It is only when the Commission had issued the land title certificate to the buyer before he or she could claim full ownership of the land.
Typical Mistakes
You should not keep the indenture under your bed WHEN you’re not done with the land registration process yet. If your vendor gives the same land to another person and he or she obtains the land title on it you can lose the land.
It is always better to engage lawyers and professionals (like us) with expertise in drafting an indenture and seek clarity from the Lands Commission before appending their signatures to it.
It is always advisable to do due diligence using the site plan of the land they intended to purchase at the CSAU to avoid being defrauded.
Land Title
Land Title Registration applies only in areas declared as Registration Districts in Ghana. At the moment, only the Greater Accra Region and the inner city of Kumasi in the Ashanti Region (approximately 2 miles square of Adum) are registration districts in Ghana.
Registration Districts are declared by the Minister responsible for Lands. Therefore, whether your property should be registered under Title Registration or Deeds Registration depends on its location.
To be more specific, if the property is sited within the Greater Accra Region or within a two-mile square of Adum – Kumasi, the property can only be registered under the Title Registration System. Elsewhere in the country, the land must be registered under the Deeds Registration System.
Ghana has been practicing the Land Deeds Registration System for some time now. Deeds Registration commenced under the Registration Ordinance of 1883 and continued under the Land Registry Ordinance of 1895 till 1962 when the Land Registry Act (1962) Act 122 was passed.
The Land Registration System had its own challenges and continues to pose some challenges in the areas where they apply, These challenges include multiple registrations of land. This and other challenges led to the introduction of the Land Title Registration System (a more advanced system) in 1986 after the promulgation of the Land Title Registration Law 1986 (Act 152) and the Land Title Regulation, (1986) L.I. 1241. The Land Title Registration System was introduced to cure the defects of the Land Registration System and to improve tenure security. The Land Title Registration System assures certainty, facilitates proof of title, prevents fraud on purchasers and mortgagees, and renders dealing in land safe. The Land Title Registration System will be rolled out in other parts of the country. The features of the Land Title Registration System include the use of the parcel and cadastral plans. Cadastral plans are more accurate. They help to reduce fraud and the potential for litigation.
Land Title Certificates are indefeasible once issued and can only be canceled by a court of law but under very few instances.
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