Land title, building lease and customary land in Togo: what a buyer must check

Togolese law does not use the terms freehold and leasehold. It provides three land statuses. The Land Title gives full private ownership of the land and buildings. A building lease or right of superficie grants a long-term real right to build on someone else's land. Customary land, recorded in the Customary Land Book, cannot be sold directly. Understanding these three statuses before signing prevents disputes and capital loss.

Full ownership: the Land Title

The Land Title records private property ownership in Togo. It is created by registration at the Direction du Cadastre, de la Conservation Foncière et de l'Enregistrement (DCCFE). Once issued, it makes the property right enforceable against third parties. This regime is set out in the Togolese Land Code, Law No. 2018-005 of 14 June 2018.

Transfer requires a notarized deed. The authenticated instrument is filed for either a full transfer or initial registration. The Togolese Revenue Office (OTR) applies a fixed duty for full transfers and proportional duties for first registration. Registration conditions and current rates should be confirmed with the DCCFE or OTR.

Only the Land Title allows the owner to sell, exchange or mortgage the property freely. It is recorded in the land register. Before any purchase, an official title search at the DCCFE reveals mortgages, seizures and pending disputes. To obtain this document, the owner must submit a complete file to the land registry. The examination verifies the lawful origin of the asset and ensures that no easement impairs enjoyment of the land. The file includes evidence of longstanding possession and the parties' agreement. Once the title is issued, it remains the definitive reference for any subsequent transfer.

Building lease and right of superficie

The Togolese Land Code defines a building lease as a contract by which the lessee acquires a real right over another person's land in order to erect buildings. This real right is called the right of superficie. Emphyteusis follows the same logic: a long-term real right for modest rents.

These rights do not transfer ownership of the soil. The landowner remains the owner. The lessee owns the buildings. At expiry, the contract governs what happens to the structures. Registration in the land register is required for enforceability against third parties.

This arrangement suits investors who do not wish to acquire the land itself but need a secured right to build for terms that can reach, according to available information, fifteen, thirty or fifty years. The term is negotiated contractually. The main risk lies in the financial standing of the landowner and the accuracy of the land-register entries. The contract must carefully set out the obligations of each party. The landowner undertakes not to disturb the lessee's enjoyment during the contractual term. The lessee bears the costs of maintaining the structures erected. Any transfer of the right of superficie requires compliance with the contractual clauses and the landowner's consent where the contract so stipulates. Unclear drafting exposes the parties to disputes over return of the land or the value of the buildings.

Customary land and the Customary Land Book

Article 560 of the Togolese Land Code places in the national land domain all land that is neither public nor private State property nor private individual property. In practice, this is customary land, examined in the institutional and legal framework analysis.

Decree No. 2024-052/PR of 30 July 2024 introduces the Customary Land Book. The text states: "The Customary Land Book is a document representing customary land ownership in the Togolese Republic. It is distinct from the Land Title." The same decree adds: "It may only be used to establish ownership, exploitation, lease and mortgage. It may not be used for assignment, sale or exchange."

A seller who holds only a Customary Land Book or an old Attestation de Détention Coutumière (ACD) cannot transfer full ownership. A formal titling procedure is required: survey, public inquiry, application for registration. The process involves a licensed surveyor, a notary and the DCCFE. It is the only way to move land out of the customary regime and make it fully marketable. This transformation requires strict adherence to a sequence of steps. The survey materializes the ground occupancy and gathers the neighbours' consent. The public inquiry gives third parties an opportunity to raise observations on the rights claimed. Division, when required, splits the plot into distinct lots before individual registration. Each phase demands close attention so that objections do not block title issuance.

Disputes are common on such land. Analyses of the Togolese land market show that traditional chiefs continue to allocate plots under local custom, parallel to the statutory code. The buyer must check that the holder of the Customary Land Book is not already contested by other customary claimants.

Checks before buying

Never buy on the strength of a document handed over by the seller alone. The DCCFE keeps the land registers. A title search reveals mortgages, seizures and pending disputes. It takes a few working days and costs a fixed fee.

Have the land surveyed by a licensed surveyor before signing. A contradictory boundary survey fixes the limits in the presence of neighbours. It prevents overlaps and encroachments, which cause most land litigation in Togo.

If the seller relies on customary right or an old ACD, ask whether titling is already under way. Without a Land Title, the sale is not secure. The buyer acquires a customary right, not registered ownership.

Finally, use a notary for the deed. The notary verifies identity, legal capacity and document regularity. The deed is registered and published. This is the only way to make the transfer enforceable.

Listings for land for sale in Lomé and houses for sale in Lomé are published on the platform. Each listing shows the land status declared by the seller. This status should always be confirmed with the land registry. For more guidance, the property listings in Lomé and the real estate in Togo pages provide additional context.

The fourth rule is to compare the administrative documents with the reality on the ground. The boundaries on paper must match the physical markers visible on site. The area stated must coincide with the survey result. Any discrepancy between the title, the cadastral plan and the actual condition of the land must be clarified before final commitment. It is also prudent to verify that the seller has the legal capacity to dispose of the asset and that no succession proceeding is pending.

Frequently asked questions

Can a foreigner acquire a Land Title in Togo?

Yes. A foreign individual may acquire real estate in Togo. A foreign company needs prior approval, unless it benefits from a bilateral agreement. The company must hold a tax clearance. Only entities with legal personality can hold a Land Title in their own name. A notary or lawyer should be consulted to verify the specific conditions applicable to your situation.

What is the difference between the Land Title and the Customary Land Book?

The Land Title records private ownership and permits free sale. The Customary Land Book records customary ownership. It allows farming, leasing or mortgaging, but prohibits sale, transfer or exchange. To sell, the owner must first convert the Customary Land Book into a Land Title.

Does a building lease amount to ownership?

No. A building lease gives a long-term real right over another person's land. The lessee remains a tenant of the soil and owns only the buildings. Upon expiry, the contract governs the fate of the structures. The right of superficie is registered in the land register, but it does not transfer ownership of the land. A notary or lawyer can review the contract to assess the legal security of this right.

Can customary land become a Land Title?

Yes, through a procedure called titling. It includes survey, public inquiry, application for registration and publication. The applicant must prove customary holding. The DCCFE processes the file and issues the Land Title. The process takes several months. Engaging a notary or lawyer is advisable to assist with this process.

Where do I verify a Land Title before buying?

At the Direction du Cadastre, de la Conservation Foncière et de l'Enregistrement (DCCFE) in Lomé or decentralized offices. Request a descriptive statement or title search. It shows the registered owner, mortgages and easements. Do not skip this step, even if the seller is in a hurry.