1. What is an Allodial Title, and who can hold it?

The Allodial Title is the highest interest in land recognized under Ghanaian law. It is the absolute "root" of ownership from which all other interests (like leases) are derived. Under Act 1036, this title can be held by the State, a Stool or Skin, a Clan, a Family, or, in specific historical instances, an individual.

2. Can I still acquire a "Freehold" interest in Stool or Family land?

No. Under the Land Act, 2020 (Act 1036), the creation of a Freehold interest in any Stool, Skin, Clan, or Family land is strictly prohibited. If you are a non-subject of a Stool, you will typically be granted a Leasehold interest (usually for 99 years for Ghanaians and 50 years for non-citizens).

3. Why is registration at the Lands Commission essential?

Registration serves as "notice to the whole world." It provides you with a Land Title Certificate or a Registered Deed, which acts as your ultimate defense against double sales, encroachment, and fraudulent claims. Without registration, your interest in the land is vulnerable, regardless of how much you paid for it.

4. What has changed with the new Land Act, 2020 (Act 1036)?

Act 1036 consolidated several old laws into one. Key changes include:

• Fiduciary Duty: Chiefs and Family Heads are now legally accountable as fiduciaries; they must manage land transparently and for the benefit of their subjects.

• Spousal Consent: If a property is acquired during marriage, it is generally presumed to be joint property. Selling it requires the written consent of both spouses.

• Criminal Penalties: The Act introduces stiff penalties and even prison time for "land guard" activities and fraudulent land transactions.

5. How do I verify if a piece of land is "litigation-free"?

Never rely on verbal assurances. You must conduct a formal search at the Lands Commission (PVLMD and LRD divisions). Our firm assists clients by conducting these searches and providing a Legal Due Diligence Report to confirm the land's status before any money changes hands.

6. My land document is old; do I need to "regularize" it?

If your document was issued before the 2020 Act or has not been registered at the current Lands Commission regional office (e.g., Koforidua or Bono East), it is highly advisable to have it reviewed. We help clients "rectify" old documents to ensure they meet modern registration standards.