Smart land ownership and government role

Until the great mass of the people shall be filled with the sense of responsibility for each other's welfare, social justice can never be attained (Helen Keller)

It is the dream of every Ghanaian to acquire a piece of land, build a structure and call it home. However, this dream is shattered as a result of greed by some perpetrators and lack of proper systems by the designated authority in government. Most citizens have tried to follow the procedure of acquiring a land to ensure they don’t fall into the hands of thugs who will embezzle their funds, however due to porosity of the system, many still find themselves in the same situation to the extent of losing their money, property and life. People have been murdered in cold blood or maimed as a result of land dispute. Some have had their lives terminated in the comfort of their homes in the middle of the night. Sometimes, a plot of land is sold to more than one person and registered without any form of background check by the ministry responsible to determine who the rightful owner is. It seems that no one is interested in sustaining and upgrading a good measure that would have solved most of these problems we are contending with today. With this prevailing reality, one can see the level of our backwardness overtime. This inhumane practice must be curtailed if not stopped.

As a concerned citizen, I believe that if the suggestions outlined below are adhered to, land disputes will greatly be reduced.

The Government in the first place should ensure that all laws governing land acquisition are enforced to the latter. Any person, who goes contrary to that, be it an individual, chief, landowner, government official etc. should be fined heavily or imprisoned. In other words, if it is determine by law that the person in question knowingly sells the same plot to more than one person, he/she should spend a number of years in prison with hard labor. This way the issue of land guards attacking people, middle men charging exorbitant fees and con men selling land to more than one person will totally be brought to the barest minimum. Secondly a land without a survey plan is highly risky. The survey plan is one of the biggest proofs that a seller has the right to sell the land to you, however this has to be checked at the lands department to ensure it is not a fake document. You should also check if the coordinates on the survey are the same as the coordinates on the beacon on the land. If the seller can't provide you with the survey, it might be that the land has never been surveyed or that another person owns the land. Whichever way, it might be smarter to let the deal pass.

Potential land buyers should also consider buying land through a registered real estate agent or a reputable organization. Many people shy away from buying land through registered real estate agents probably because of the commissions that the agency will charge. However, nothing can be riskier in a land purchase than buying a land without the assistance of a registered real estate agent. A real estate agent will conduct due diligence on the land to ensure that the seller has the right to sell the land. The real estate agent will verify the valuation of the land in relation to the neighborhood to ensure that you are not overpaying. Not only can agents provide all the data you want to know, but they can also bring assets to the deal that come from years of watching waves of transactions in the neighborhood.

It is important also to pay money directly through an account when buying a land than to pay with cash. That way, you will have evidence of every transaction and save you a lot of problems should there be any dispute. Pay the money into a bank account bearing the name of the seller. Ensure that in filling out the form (you write payment for Land) conspicuously so that the seller doesn't come out to say that the payment was for a loan he gave you some time ago. He who holds the cash has the power, and once you've parted with your money you have parted with that power. Hence, when buying a land you should avoid paying cash directly to the seller. When you pay for a land in cash, there is no paper trail to corroborate the payment. Thus, a dishonest seller can deny collecting money from you and he can dispute the amount paid.

Finally, avoid making installment to individuals during payment. Most people are not able to raise funds to purchase a land from a single source; hence, they usually pay for land in installments. This is a good way to spread the cost of the land over time but a fast way to lose your money. The seller will keep the documents of the land until you have completed the payment of the land; hence, there's no exchange of ownership when you pay in installments until the last payment is made.

If the seller dies before you complete the payment, how will you get the land or obtain your deposits from his family members? A scammer can also increase the selling price of the land and you will be forced to raise the extra money since your deposit is already with him.

With all that said, we as Ghanaian citizens have a major role to play by being more sincere, transparent and open minded about land acquisition so we can all live an independent live in society devoid of stress and challenges in land acquisition.

Charles Charley Bokor