Indenture (land indenture)

When you "buy land" in Ghana you usually receive a lease, not outright ownership, and the indenture is the document that grants it. It is prepared by a lawyer and signed by the grantor (the stool, family, State or individual granting the land) and the grantee (you).

What it contains:

• the parties and their authority to deal (for family land, the head and principal members; for stool land, the chief and elders);
• a description of the land and its location;
• the interest granted, usually a lease, and its term;
• the price or premium and any ground rent;
• covenants, such as the use the land can be put to;
• the site plan, signed by the parties and certified by a licensed surveyor and the Regional Surveyor;
• signatures with witnesses.

After signing:

• The indenture is assessed for stamp duty by the Lands Commission and stamped.
• It is registered at the Lands Commission. Outside title registration districts this is deeds registration; inside them the grant leads to title registration and a land title certificate.

An unregistered indenture is weak protection. Under deeds registration, priority usually goes to the first registered document, so a seller who sells twice can leave an unregistered buyer exposed.

Ghana Property Centre counts how many land-for-sale listings mention an indenture; see the listing figure on this page. It counts mentions in descriptions only.

Indentures are used nationwide. In Greater Accra and other title registration districts, the indenture is the step before title registration. Elsewhere, the registered indenture is itself the main evidence of the interest.