TL;DR: On stool, skin or family land (≈80% of Ghana), transfers need the custodian's documented concurrence plus Lands Commission registration. A seller's indenture without concurrence is an incomplete transfer that the Commission can reject later.
What is concurrence and why does it exist?
Ghana runs a dual tenure system: chiefs and family heads hold allodial title as custodians; occupants hold lesser interests. Concurrence is the custodian's formal consent to your specific grant - proof the seller had something to sell. Skip it and you bought a lawsuit, not land.
When is concurrence required?
Whenever the root title is stool, skin, clan or family land - i.e., most land outside state grants and old registered estates. Your lawyer confirms root title at the search stage; if customary, concurrence documents must name your transaction specifically, not some decade-old general consent.
How do you secure it properly?
1. Identify the correct custodian (paramount vs divisional vs family head - get this wrong and concurrence is void). 2. Obtain written concurrence referencing plot, parties, date. 3. File it with the indenture at the Lands Commission. 4. Budget ground-rent obligations to the stool going forward - concealed arrears are a classic hidden cost.
Key takeaways
- ~80% of Ghana's land needs a custodian's consent trail.
- Concurrence must match your transaction, not a generic old letter.
- Unpaid stool ground rent transfers with the land - check arrears.
Frequently asked questions
Can a chief sell stool land outright?
Chiefs grant interests as custodians; outright 'sales' bypassing custom and registration are exactly what courts unwind.
What if two chiefs claim the same land?
Walk away. Chieftaincy disputes take years; your money waits in limbo while they litigate.
Does concurrence replace registration?
No - you need both. Concurrence satisfies custom; registration satisfies statute. Either alone is insufficient.
Sources: Diaspora Affairs GH land reform brief; Land Act 2020 (Act 1036).
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