DOI link for Legal perspectives
Legal perspectives book
Many aspects of the real estate market in Ghana are imbued with the law in line with global standards. The chapter links and extends studies on land to the law, and expatiates on the legal perspectives within which the real estate market operates in the country. In particular, it affords an update that helps to understand land acquisition, state sovereignty over land, the pluralism in real estate systems, land tenure security and land-related statutes.
Steps needed to secure interest in land have been systematically explained to minimise if not eliminate clients’ frustration and the risk of land expropriation. In this regard, the chapter elucidates the import of two legal principles – caveat emptor and nemo dat quod non habet – as key in land acquisition for private use.
It employs historical anecdotes to highlight the consequences of land title deficiency, which is common and tricky. It provides insights to guide prospective lessees from engaging in transactions that may deliver defective titles. The chapter consequently prescribes remedial measures to cure title defects, where necessary. An A to Z methodology for both title and deeds registration concludes the chapter.