Leasehold vs Freehold in Ghana: What You Can Actually Own

What is the difference between leasehold and freehold?

Freehold means owning land outright, with no end date. Leasehold means you hold the exclusive right to use and occupy land (and the building on it) for a fixed number of years, granted by the landowner, usually in return for a premium and, in some cases, ground rent.

In much of the world, apartments are already sold on long leases. Ghana is similar: the large majority of residential property, including houses and apartments, changes hands as leasehold. A long lease is not a "lesser" form of home ownership — it is simply how land tenure works here.

Why is most land in Ghana leasehold?

A large share of land in Ghana is customary land, held by stools, skins, clans and families on behalf of their communities. The Land Act, 2020 (Act 1036), which consolidated Ghana's land laws, prohibits the creation of a freehold interest in stool, skin, clan or family land. Land held by the state and other owners is also commonly granted on lease.

The practical result: when you buy a home, you are usually buying a registered leasehold interest for a stated number of years.

Can foreigners own property in Ghana?

Yes — but only on a leasehold basis. Ghanaian law does not allow a freehold interest to be granted to a non-citizen, and the Land Act, 2020 caps any lease held by a non-citizen at 50 years at any one time. An agreement that tries to grant a non-citizen more than this is not valid.

Two points are often misunderstood:

• The cap is per grant, not a lifetime limit. Leases can be renewed, subject to the terms of the lease and the law at the time.
• A lease is a real, tradeable asset. A registered lease can generally be sold, mortgaged, gifted or passed on through inheritance for the rest of its term.

Companies with significant foreign shareholding can be treated as non-citizens for these purposes, so a corporate structure does not automatically change the rules. Take legal advice before using one.

What can Ghanaian citizens and the diaspora own?

Ghanaian citizens can generally hold leases of up to 99 years. Ghana recognises dual citizenship, and Ghanaians in the diaspora who hold Ghanaian citizenship (including dual citizens) are treated as citizens for land-tenure purposes. If you are a Ghanaian living abroad, keep your proof of citizenship ready — it affects the lease term you are entitled to.

What does this mean when you buy an apartment?

When you buy an apartment in a development, you typically acquire:

1. A lease of the apartment itself (your unit), for a stated term.
2. Rights over shared areas — lobby, lifts, corridors, parking and amenities — alongside the other owners.
3. Obligations, such as paying a service charge towards maintenance, security and shared facilities.

Before you commit, ask for and read:

• The lease term offered to you and when it starts.
• Evidence of the developer's own title to the land and how your lease derives from it.
• How and when your lease will be registered with the Lands Commission.
• The service charge arrangements and who manages the building.

How do you protect yourself?

• Use an independent lawyer qualified in Ghana to review the title and the sale documents.
• Conduct an official search at the Lands Commission on the land.
• Make sure your interest is registered — registration is what protects you against competing claims.
• Pay through traceable channels (bank transfer, cheque or bank draft) and keep every receipt.

How KASA Properties Ltd. approaches this

We believe buyers should understand exactly what they are buying. If you are considering a residence at Prime Accra, in Airport Residential Area, ask our team about the tenure and documentation for the apartment you are interested in, and have your own lawyer review everything.