Selling Land Twice Can Cost Fifteen Years in Prison

Ghanaians who sell land they do not own, or sell one plot to several buyers, risk fifteen years in prison and fines reaching GH¢180,000 under laws few people know exist.

Timber production data

That ignorance has a price. Double sales remain a fixture of the property market in Accra, Kasoa, Kumasi, Dodowa, Tema and other fast growing areas, and victims typically respond the only way they know: a civil suit that can drag on for a decade or more while the structure they built faces demolition. What rarely follows is a criminal docket, even though Parliament wrote one of the toughest anti fraud regimes in the statute books precisely for this conduct.

The central provision sits in section 277 of the Land Act, 2020 (Act 1036). It criminalises purporting to grant land you have no title to, granting land without authority, and making conflicting grants of the same parcel to more than one person. In plain terms, selling land that is not yours, selling without the owner’s mandate, or selling one plot twice. Conviction carries a fine of between 7,500 and 15,000 penalty units, which at the current value of GH¢12 per unit translates to GH¢90,000 to GH¢180,000, or imprisonment of seven to fifteen years, or both.

Fraud by silence is covered too. Section 72 targets anyone who, intending to defraud, conceals a document or material fact affecting the land or falsifies a site plan or other land record. Beyond owing the buyer damages, the offender faces a fine of 5,000 to 10,000 penalty units, between GH¢60,000 and GH¢120,000, or five to ten years in prison, or both. The provision reaches public officers who participate in the deception and professionals who knowingly assist it.

Land guards attract the harshest treatment in the Act. Under section 12, a person who unlawfully supervises land development, extorts money from someone with an interest in land, or uses force to drive a lawful owner away faces five to fifteen years on conviction, rising to a minimum of ten years where force, violence or intimidation is used to block an owner from developing the land. A separate law, the Vigilantism and Related Offences Act, 2019 (Act 999), independently outlaws land guard operations, giving prosecutors two routes against the same conduct.

The older criminal code adds a third. Under sections 131 to 133 of the Criminal Offences Act, 1960 (Act 29), falsely representing ownership of land, authority to sell it or the validity of a title, with intent to defraud, amounts to defrauding by false pretences, a second degree felony carrying up to ten years. Courts applying this provision look past the paperwork of a purported sale to ask whether deception extracted the payment.

None of this displaces the buyer’s civil remedies. A defrauded purchaser can still sue for damages, recovery of money and cancellation of the transaction while the seller answers a criminal charge. The two tracks run side by side because the harm runs beyond one victim: fraudulent sales corrode public confidence in ownership itself.

So why do the prison terms deter so little? Part of the answer is that the slow machinery built to resolve disputes ends up rewarding the fraud. Analysts note that single parcels are routinely sold to several buyers, each holding seemingly valid documents, and that the slow pace of adjudication makes the scheme financially attractive, since the seller enjoys the proceeds for years while buyers fight in court. Civil litigation, where the fraudster’s worst outcome is repayment, carries none of the personal risk a prosecution would.

Victims who want the criminal track open do have somewhere to go. Complaints can be filed with the police Criminal Investigations Department’s Property Fraud Unit, alongside or instead of a civil writ, and buyers strengthen every future claim by registering their interest rather than relying on possession alone.

The penalties exist. The sections are numbered. What the statute cannot supply is the habit, among victims, lawyers and police alike, of treating a stolen plot the way the law already does: as a crime.

admin
Author: admin

Related posts

Leave a Comment