ACD in Togo: what buyers must check before purchasing land

The ACD in Togo does not authorize the sale of land. Short for Attestation de Détention Coutumière, this document recognizes occupancy under customary rules, but it does not establish ownership or allow the owner to transfer the property. Only the titre foncier, issued after land registration, grants full ownership rights enforceable against third parties. Before buying land held under an ACD, the buyer must verify the seller's identity, check for disputes, and confirm that registration is possible.

The Togolese ACD is not a property title

In Togo, ACD stands for Attestation de Détention Coutumière. It should not be confused with the Arrêté de Concession Définitive used in Côte d'Ivoire. The ACD attests that the holder occupies land under customary law recognized by the State. Article 6(3) of Law No. 2018-005 of 14 June 2018, the Code foncier et domanial, states that the State guarantees "the right of property of individuals and communities acquired in accordance with customary rules".

However, the Togolese land system is based on registration. Article 5 of the same law establishes that "the land regime in force in the Togolese Republic is that of land registration". The ACD is therefore not recorded in the land book. It does not provide definitive proof of ownership and does not, by itself, allow the land to be transferred.

Decree No. 2024-052-PR of 1 August 2024, which creates the livret foncier for customary land, explicitly states: "Only the land title allows the transfer, sale or exchange of property in Togo in accordance with Articles 55 and 161 of the Code foncier et domanial." The livret foncier itself, although representative of customary ownership, "may not be used for the transfer, sale or exchange of land ownership".

What the buyer must check before signing

A buyer considering land held under an ACD must carry out several checks. Togolese customary law often structures ownership around the clan or family: the seller is not always the sole rightful claimant.

• The seller's identity and capacity: ask the seller to prove their link to the land. Check with the village chief or chef des terres that the person has authority to sell. Require written consent from other family members or customary claimants. Keeping a written record of these checks helps prevent future claims and establishes a clear chain of customary rights before any payment is made.
• Boundaries and neighbors: have a sworn surveyor carry out a contradictory boundary demarcation in the presence of the seller and adjoining landowners. This prevents future boundary disputes. All parties present should sign the survey report so that the boundary description remains binding for future reference.
• Absence of opposition: inquire with the Direction du Cadastre, de la Conservation Foncière et de l'Enregistrement (DCCFE) and conduct a search at the local court to verify that no dispute is pending. Obtaining a formal statement from these authorities, when available, adds a layer of security before you sign any undertaking.
• Registration feasibility: confirm that the land can undergo registration. The Togolese public service provides three routes: judicial (sale confirmation judgment), administrative (request with administrative certificate), or notarized (authentic deed). Understanding these paths in advance allows the buyer to plan the necessary steps with the notary who will handle the transaction.

The risks of buying on the basis of an ACD

Buying unregistered land exposes the buyer to serious risks. The transfer of ownership of an unregistered property in Togo is conditional upon registration; otherwise the contract is absolutely void. A buyer who pays based solely on an ACD faces several dangers.

Double sale: the same plot may be sold to several buyers. The Togolese Criminal Code punishes stellionate, but criminal proceedings do not return the land to the victim. Only the holder of the land title obtains definitive protection.

Family claims: without the consensus of all customary claimants, family members may challenge the sale years later. Even a genuine ACD does not shield the buyer from a succession or clan dispute.

No bank guarantee: without a land title, the buyer cannot mortgage the land to obtain credit. Banks require a registered land title. Furthermore, the buyer will struggle to resell the land because they cannot legally transfer ownership to a new purchaser.

Securing the purchase: notarized deed and registration

The Togolese Code foncier requires that the transfer of a real property right be recorded in a notarized deed. Appearing before a notary is therefore mandatory to secure the transaction. The notary checks the seller's capacity, drafts the deed, and handles registration.

The sale deed should include a conditional clause: payment or handover of the land is subject to obtaining the land title or, failing that, to the seller's formal commitment to initiate registration proceedings.

Registration duties for a total transfer are set at a flat rate of 35,000 FCFA under Arrêté No. 220/MEF/SG of 20 November 2018. Notary fees and surveyor fees for the boundary demarcation and cadastre-approved plan must be added.

On Imonga

On Imonga, listings for land for sale in Lomé, houses for sale and other properties in Togo indicate the land status declared by the seller: land title, ACD, notarized deed, or plot in a subdivision. This is a declaration, not a guarantee from Imonga.

Before making any commitment, ask to see the original document and have it reviewed by a notary.

Frequently asked questions

Does an ACD allow selling land in Togo?

No. The Attestation de Détention Coutumière attests to customary occupancy, but it is not a property title. The Togolese Code foncier makes any transfer conditional upon registration. Only the land title allows the owner to sell, transfer, or exchange land in the Togolese Republic. To secure your project, consult a notary or a lawyer registered with the Togolese bar.

What is the difference between an ACD and a land title?

The ACD is a preliminary document that recognizes customary occupancy. The land title is issued after registration in the land book managed by the DCCFE. It definitively establishes the right of ownership and provides full legal security that can be enforced against any third party.

Can a foreigner buy land in Togo with an ACD?

A foreigner may acquire land in Togo, but must obtain prior authorization and provide a copy of their residence permit, except for French nationals. In all cases, buying on the basis of an ACD remains risky until the property is registered in the buyer's name.

How much does land registration cost in Togo?

Registration duties are set at a flat rate of 35,000 FCFA for a total transfer, under Arrêté No. 220/MEF/SG of 20 November 2018. Notary fees and surveyor fees for the boundary demarcation and cadastre-approved plan must be added.

What if the seller refuses to start registration?

Do not finalize the transaction or pay the full price. The Togolese Code foncier renders the sale of an unregistered property void. Without registration, you will be unable to resell the land, mortgage it, or protect yourself against a future claim.

Does the livret foncier replace the ACD?

No. Decree No. 2024-052-PR creates the livret foncier to secure customary ownership, but it explicitly prohibits using this document for transfer, sale, or exchange. Only the land title allows the owner to alienate the land in Togo. If you are unsure about the legal value of the document presented, contact a notary or a lawyer.

Rules differ in Côte d'Ivoire, where ACD means Arrêté de Concession Définitive. See our guide to buying land in Abidjan.