Ghana explains property ownership rules for foreigners
In Ghana, non-citizens may acquire rights to land mainly in the form of a long-term lease of up to 50 years at a time, while for Ghanaian citizens the maximum term is generally up to 99 years. This is stated in a sponsored MyJoyOnline article on property purchase rules for foreigners and members of the diaspora.
Restrictions for non-citizens
According to the publication, Ghana’s Land Act 2020 (Act 1036), which entered into force on December 23, 2020, prohibits granting non-citizens freehold rights to land. The article notes that transactions, documents, or agreements providing for the transfer of such a right to a foreigner are invalid.
For non-citizens, the term of a land leasehold may not exceed 50 years at a time. MyJoyOnline notes that this right may be renewed, registered with Ghana’s Lands Commission, mortgaged, and transferred through sale, gift, or inheritance during its term.
The restriction applies specifically to land: a building on it may belong to a foreign buyer. Purchasing through a company does not necessarily change the legal regime: according to the explanation cited in the article, a company is considered non-citizen for land matters if more than 40% of its shares or ownership is held by non-citizens of Ghana.
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Rights for Ghanaian citizens
Freehold means indefinite ownership of land, while leasehold is the right to use and occupy a land plot for a specified period. The law also prohibits the creation of new freehold rights on lands of traditional communities, clans, or families. According to MyJoyOnline, such lands make up a significant part of the country’s land stock, so residential property in Ghana is predominantly purchased with long-term leasehold rights.
For Ghanaian citizens, the maximum leasehold term is generally up to 99 years. Members of the diaspora who hold Ghanaian citizenship, including dual citizenship, are treated as citizens for land law purposes and may qualify for this term instead of the 50-year limit for non-citizens.
The publication also advises buyers of apartments to verify whether the developer has properly formalized its right to the land plot and clearly defined the terms of the buyer’s right to a specific property. To verify the term and validity of property rights, the article recommends consulting a lawyer licensed in Ghana.
