Conveyance (Indenture) Template (Ghana) Template — 🇬🇭 Ghana

A conveyance or indenture is the formal legal instrument used in Ghana to transfer an interest in land from a grantor to a grantee. Under the Land Act, 2020 (Act 1036), this document is essential for proving ownership and ensuring the transfer is enforceable. Without a properly executed and registered conveyance, a buyer lacks the legal priority required to protect their interest against third-party claims or future disputes. In the Ghanaian legal system, this document serves as the primary evidence of a land transaction. Legal Requirements and Governing Law The Land Act, 2020 (Act 1036) is the primary governing legislation for all land transfers in Ghana. Section 33 of the Act explicitly mandates that a conveyance or instrument of transfer must be prepared by a qualified legal practitioner. This requirement is intended to ensure that the document contains all necessary legal provisions, such as implied covenants and accurate descriptions, to prevent future litigation. Attempting to use a non-lawyer-prepared document often results in rejection by the Lands Commission during the registration process. Mandatory Particulars of an Indenture To be valid and registrable, an indenture must include specific details. These include the date of the instrument, the full names and addresses of both the vendor and the purchaser, and a clear description of the land. This description must be supported by an approved site plan that has been signed by a licensed surveyor and stamped by the Survey and Mapping Division of the Lands Commission. The document must also clearly state the nature of the interest being transferred, such as a leasehold or a usufructuary interest, and the consideration paid for the property. Execution and Witnessing Proper execution is a critical step in the conveyancing process. The instrument must be signed by both the grantor and the grantee in the presence of witnesses. For corporate entities, the document must be executed by authorized signatories with the company seal affixed. If the grantor is illiterate or signs by thumbprint, an Oath of Proof or Jurat must be attached to the document, certified by a registrar or a commissioner for oaths. Failure to follow these formal execution requirements will render the document inadmissible for registration at the Lands Commission. Stamp Duty and Financial Compliance Before an indenture can be registered, it must be stamped by the Ghana Revenue Authority. The Stamp Duty (Amendment) Act, 2023 (Act 1109) governs the rates applicable to land transfers. Depending on the consideration paid, the duty is typically assessed at a percentage of the purchase price. Stamping is a mandatory prerequisite for registration, and failure to pay the required duty within the statutory timeframe can lead to significant penalties and delays in securing a Land Certificate. Registration with the Lands Commission Registration is the final and most important step to secure title. Under the Land Act, 2020, registration provides the buyer with priority over other claimants. The process involves submitting the stamped indenture, the approved site plan, evidence of tax compliance, and other supporting documents to the Land Registration Division. Once the process is complete, the buyer receives a registered instrument or a Land Certificate, which serves as the ultimate proof of ownership in Ghana. Common Mistakes to Avoid Many land transactions fail because of simple administrative errors. Common mistakes include using an outdated site plan, failing to obtain spousal consent as required by Section 47 of the Land Act, or neglecting to include the solicitor’s seal. Additionally, attempting to transfer a freehold interest in stool or family land is strictly prohibited by law and will result in a void transaction. Always ensure that the root of title is verified through a formal search at the Lands Commission before signing any document. Frequently Asked Questions Is an indenture legally required to transfer land in Ghana? Yes, a written instrument is required under the Land Act, 2020 to ensure the transfer is enforceable and registrable. Do I need a lawyer to prepare a conveyance? Yes, Section 33 of the Land Act, 2020 mandates that only a qualified legal practitioner may prepare a conveyance. What happens if I do not register my indenture? An unregistered instrument lacks priority, meaning you may lose your claim to the land if a third party registers a competing interest. How much is stamp duty on a land sale? Stamp duty rates are determined by the Stamp Duty (Amendment) Act, 2023, typically ranging from 0.25 percent to 1 percent based on the consideration.