Better Not Own Land Than Disputed Land

September 10, 2010. I called a Muslim friend to wish him ‘Barka Da Salla’. It was a holiday, a public holiday for the Ghanaian Muslim community.

As a Christian I taught I was going to be free, lie in bed the whole day and relax. I was wrong. A close lady friend of mine asked me out, not to a restaurant, not to a bar, but to accompany her inspect and investigate the genuineness of some plots of land she was thinking to buy. I accepted the invitation.

The site inspection was schedule for midday. She was on time. I was on time. The estate agent too was on time. The agent said there were four plots available for sale but when I did my professional checks, I realised two of the plots had uncompleted buildings on them and their prices outrun my friend’s budget.  Secondly, she was only interested in undeveloped plots. So we settled on only two plots.

We chartered a KIA Pride taxicab. The driver’s price was moderate but we bargained for a reduction.

Our first visit was at Atwima Amanfrom, a fast developing residential neighbourhood near Denkyembuoso in Kumasi. The agent said the owner wanted GH¢4,500 but will be willing to take GH¢4,300. Judging with the eyes, the plot was ok. My friend taught it was too close to a stream, the kind she had always disliked. I didn’t argue. I only asked the agent if we could see the other plot.

The second place we went was Ampabame No. 1 New Town. There too, judging with the eyes, the plot was perfect. Instantly, my friend fell in love with it. She said, ‘Kwaku, this is the kind of plot I want’. And I said ‘that’s fine’ and then I asked the agent to take us to the owner of the plot. The price was GH¢3,500.

On our way, the agent told us the owner of the land was the chief of the town. He said a certain woman abroad wanted to buy but this woman had not paid for the land. It was not long when we reached the man’s house. He wore some dirty cloths, as if he was from the farm. Nevertheless, we did not look down on him. We performed the necessary custom of handshaking and were offered seats.  

The man confirmed that the plot was indeed his but a certain woman abroad was interested in buying it some six months ago. So he requested her to pay GH¢500 to enable him prepare the Allocation Note and the site plans in her name. The woman did as he requested. He too prepared the documents in her name but since that time the woman was yet to send money towards payment for the land.

He removed the allocation note and three site plans from a black polythene bag, which was on a wooden table and handed it to me for us to see. I took it. Looked at it, took note of some key requirements and handed it over to my friend. Then I asked, ‘so Nana, how do we get papers to show that the land is now ours?’

Quickly, he said, ‘oh that’s simple. I only have to do an affidavit that the land is now yours. In addition, I will give you the Allocation Note and the site plans.’

I took his words in, quickly assessed the situation but asked. ‘But Nana, isn’t you who signs the allocation note?’ He said it was he who signs. ‘Then she will like a new Allocation Note in her name instead of the Affidavit.’ I said.

The man looked perplexed, then said, ‘I will tell you the truth’.

He started narrating that he was just a sub-chief of the town but there was a dispute between his faction and that of the substantive chief. That they were disputing over the land at the Asantehene’s Palace because the substantive chief was wantonly selling their lands without accounting or having any recourse to them. So the reason he wanted to do an affidavit was that the substantive chief might not sign a fresh Allocation Note from him. But since he had already signed one in respect of the same plot, which was in his custody, and the woman who wanted to buy the land was no more showing interest in it, he thought it would be fine to do an affidavit.

What the man didn’t know was that the affidavit had to be done by the person whose name was on the allocation note for it to be valid. Unfortunately, the woman was abroad. We informed the chief that thought we were interested in the plot but will call him through the agent on the next Monday.

When we left the man’s house, my friend said, ‘Kwaku am confused’. Then I said, ‘it’s better not to buy land than a dispute land.’

That brings me to what Reverend Dr. Mensah Otabil said on Sunday, September 12, 2010, on one of the Radio stations in Kumasi that people shouldn’t wait for dispute free land before they buy land. Mensah Otabil is one of the pastors in Ghana that I respect so much. I like and listen to his motivational gospel messages on TV and Radio almost every week. But I disagree with him when he said that people shouldn’t wait for dispute free land before they buy land.

I believe with diligence and the service of land professionals such Land Economists people can buy dispute free land in Ghana. That is why I always advise people to solicit the services of Land Economists and Real Estate Consultants who have the right knowledge, skill and experience to aid them acquire dispute free land.