Double sale of land in Togo: how to avoid it and what are your remedies

A double sale of land in Togo is when the same plot is sold to two different buyers, often with conflicting receipts and sometimes separate notarised deeds. Togolese law does not primarily protect the first person to pay, but the holder of a regular land title: Article 256 of the Land and Property Code states that "the land title is definitive, intangible and unchallengeable, except in the case of fraud or error". Prevention therefore depends on checking the registered status before any payment, and remedies depend on what each buyer can prove.

What the 2018 Land and Property Code says

Law No. 2018-005 of 14 June 2018, containing the Land and Property Code, is the reference text in Togo. Article 1 states that it is a matter of public order, unless otherwise provided, and Article 5 specifies that "the land regime in force in the Republic of Togo is that of registration of immovable property", and that it "relies on publication in land registers". In other words, it is registration in the land register that establishes ownership, not the payment of money alone, nor even, on its own, a private deed.

Two practical consequences for double sales. First, a buyer's primary safeguard is to know whether the plot is already registered, and in whose name. Second, Article 256 sets a strong rule: the land title is "definitive, intangible and unchallengeable, except in the case of fraud or error". That "except in the case of fraud or error" is precisely the ground on which double-sale disputes are resolved when one of the deeds is contested.

The checks that prevent a double sale

Before paying, the buyer must obtain written documents, not oral promises. Five checks, carried out in this order, cover the essentials.

1. Ask whether a land title exists. If the plot is registered, request a copy of the title and the statement of entries (charges, mortgages, transfers). Article 256 protects the holder.
2. Check the status in the land register. The land registry keeps these registers. A plot already sold to another buyer appears in that person's name if the transfer has been published.
3. Have the plot surveyed and marked by a surveyor. Article 9 of the Code defines demarcation as the operation that "consists in delimiting two adjoining plots of land and installing boundary markers defining the land ownership". A recent survey lets you compare the actual boundaries with the boundaries sold.
4. Identify all rights holders and sign with all of them. In customary areas, several family members may claim the land. A deed signed by only one seller, without the other rights holders, is exposed to challenge.
5. Go through a notary and publish the deed. Publication is what makes the transaction enforceable, in a regime based on registration.

In practice, Imonga's recommendation is never to pay the full price before these five points are settled. The listings for land and property in Lomé can help identify a seller, but they say nothing about the seller's legal title.

The exact role of the ACD in Togo

The Attestation de Détention Coutumière (ACD) is a Togolese document recognising a customary land right. It is not a land title: Article 256 applies only to the latter. A sale supported only by an ACD, without registration, remains exposed to a claim by a third party who obtains a land title. Buyers should read the ACD alongside the land registry record, not instead of it.

Remedies once a double sale is discovered

A double sale triggers two kinds of liability: civil and criminal. Both can be pursued in parallel.

On the civil side, the buyer without the land title can seek annulment of the sale and reimbursement of the price, plus damages, against the seller. If a regular land title has been created in favour of another buyer, the challenge can only succeed within the exception set out in Article 256, that is, fraud or error, and the procedure is then a court action before the competent Togolese courts. If the land title is still being constituted, an objection filed before the registration procedure is closed is the natural tool.

On the criminal side, a double sale may amount to fraud, forgery and use of forged documents, or even breach of trust, as defined by the Togolese Criminal Code introduced by Law No. 2015-010 of 24 November 2015, as amended. A complaint is filed with the public prosecutor; the buyer may also join as a civil party to obtain compensation. The exact penalties depend on the offence as characterised by the judge and must not be announced in advance, as they vary with the facts.

The takeaway: the more formal the sale (notary, publication, land title), the stronger the first buyer's remedy remains, even if a second contract exists.

What Imonga can and cannot do

Imonga publishes listings but does not guarantee the legal status of a plot. Listings for land and property in Lomé can help identify a seller, not establish their right. Before any commitment, the buyer must run their own checks with the land registry and a notary.

The Imonga pages for Togo list current plots on the market. For financing, there is the listings section; the Imonga homepage links to the rest of the guides. When a professional is needed, the relevant directory references notaries and surveyors.

Frequently asked questions

Does a handwritten receipt protect against a double sale?

No. A receipt proves payment, not ownership. In a registration-based regime, it is the land title published in the land register that prevails, subject to Article 256 of the Land and Property Code. A receipt alone may serve as evidence in court, but it does not block a competing sale. For any decision, consulting a notary or a lawyer is recommended.

What should I do if I discover the land has already been sold?

Two reflexes: have the situation verified at the land register by the registry, then consult a lawyer to choose between civil action (annulment, reimbursement, damages) and a criminal complaint. If a land title has already been created in another person's name, the room for manoeuvre depends on proving fraud or error. A lawyer called to the Togolese bar is best placed to assess the chances of success.

Does the land title always protect its holder?

It protects the holder, except in case of fraud or error, under Article 256. That means the holder of a regular land title is hard to displace, but remedies exist against titles obtained by fraud. The judge assesses the facts.

Is a notary mandatory in Togo to buy land?

The Land and Property Code does not require a notary for every deed, but using one is strongly recommended: it secures the deed, organises land publicity and limits later disputes. The exact conditions for a given deed must be checked with the notary instructed, as they depend on the nature of the transaction. A notary can also point you to a lawyer if a dispute arises.

Can a diaspora buyer verify remotely?

Yes, by mandating a local notary and surveyor, and by requesting in writing a copy of the land title and the statement of entries. A trusted representative with a written power of attorney can carry out the steps on site. The rules differ from country to country; what is described here applies to Togo only.

The land rules differ in other West African countries; the above applies to Togo only.

Sources

• Law No. 2018-005 of 14 June 2018 containing the Land and Property Code (full text, FAOLEX): Article 1 (public order), Article 5 (registration regime), Article 9 (definition of demarcation), Article 256 ("the land title is definitive, intangible and unchallengeable, except in the case of fraud or error"). Consulted 2026-11-06.
• Journal officiel de la République togolaise (Legitogo): official publication of Law No. 2018-005 of 14 June 2018 and of the Criminal Code introduced by Law No. 2015-010 of 24 November 2015, as amended. Consulted 2026-11-06.