Buying land in installments in Togo: how to secure every payment before the final deed

In Togo, paying for land in installments is common between private individuals. The law does not prohibit it, but it only protects the buyer if every step is documented before a notary. Until the authentic deed is signed and the land title is mutated into the buyer's name, the seller remains the owner. A simple handwritten receipt or a private contract is not enough to transfer ownership or to oppose a third party. Securing each payment therefore requires early involvement of a notary and traceability of funds.

The notarized deed and registration are mandatory

The Togolese Land and Domain Code, enacted by Law No. 2018-005 of 14 June 2018, makes registration the rule for all real estate. Article 5 states that the land regime is based on registration as set out in Title III of the Code. Article 163 adds that any fact, agreement or judgment that transfers a real property right must be recorded by a notarized deed. A September 2020 webinar by the Togolese Revenue Office (OTR) recalls that the sale of real estate is subject to this formality, under penalty of nullity. The Togo National Chamber of Notaries confirms that a private deed has no effect against creditors or subsequent buyers.

In practice, this means that even if the buyer has paid 90 percent of the price, according to the information available, ownership is only legally transferred on the day the notary receives the deed of sale and the land registry records the mutation. Before that date, the seller can theoretically still dispose of the land.

The risks of an unguaranteed installment plan

The main danger is stellionate: selling the same plot to several people. According to La Question du Droit, the Land Code defines stellionate at Article 9, definition 105, as a civil offense consisting of selling an already-sold property through false statements, while Article 702 refers to the penalties. It is punishable, under the referral to Article 713 of the Penal Code, by one to three years' imprisonment and a fine of 100,000 to 3,000,000 FCFA. However, the seller's criminal conviction does not guarantee the injured buyer will recover the land. As notary Komi Tsakadi noted in a case reported by the Togolese press, courts only validate the first concluded contract of sale and cancel the others.

Another risk is family claims. Under customary law, land often belongs to an extended family rather than a single individual. The seller may collect down payments without having obtained the consent of all right-holders. The buyer who paid in installments then finds himself in conflict with heirs or co-owners who were not party to the contract.

How to secure every payment

Security rests on four concrete steps.

Have a promesse de vente drafted by a notary. The Togo National Chamber of Notaries defines the promesse de vente as a secured preliminary contract binding the parties before the final signature. This document, drawn up by a public officer, sets the total price, the payment schedule and the description of the land. It binds the seller to reserve the property and the buyer to pay the agreed sums. It does not yet transfer ownership, but it creates an authentic legal obligation.

Check the land status before any payment. The notary firm of Komi Tsakadi recommends asking the seller for the land title or, failing that, the Attestation de Détention Coutumière being regularized. The buyer should also request a descriptive statement of the land title and a mortgage certificate from the land registry. The OTR webinar specifies that this check is done through an information request or a descriptive statement, delivered upon application. If the land is burdened by a mortgage or subject to a dispute, the notary can require the discharge of encumbrances before further payments.

Pay by bank transfer and keep records. Every payment, even partial, should be made by bank transfer or check. The buyer must obtain a dated, signed receipt from the seller for each amount paid. These documents will serve as evidence in the event of litigation. Cash payments without a written trace should be avoided.

Sign the definitive deed of sale and mutate the title as soon as the balance is reached. The notary then draws up the authentic deed of sale. The mutation procedure, described on the Togolese public service portal, requires the registered notarized deed, a copy of the land title, a copy of the identity card and a duly completed application. Decree No. 220/MEF/SG of 20 November 2018 instituted a flat fee of 35,000 FCFA for total mutations. It is preferable to provide in the promesse de vente that the final installment is only paid on the day of signature of the authentic deed, or directly at the notary's office.

Frequently asked questions

Is a handwritten receipt from the village chief enough to justify a payment?
No, and it is strongly recommended to consult a notary or a lawyer to verify the legal value of such a document. This document attests to customary possession but does not constitute a title of ownership. It does not allow the acquired right to be opposed to a third party holding a land title. It does not replace a notarized promesse de vente.

Does a promesse de vente protect me against a double sale?
It contractually binds the seller, but it does not transfer ownership. If the seller signs a second authentic deed with another buyer and that buyer proceeds with registration, the first buyer risks losing the land. Only swift mutation in the land book definitively secures the acquisition. In case of doubt, a lawyer or a notary can clarify your remedies.

What happens if the seller dies before the definitive deed is signed?
A notarized promesse de vente is binding on the estate. The heirs are required to execute the contract. In the absence of an authentic deed, the successors may challenge the sale, especially if the property belongs to the family estate. The buyer then ends up in court trying to have his payments recognized. It is advisable to seek the assistance of a lawyer in this situation.

Should I have the land surveyed before paying?
Yes, as soon as possible. A contradictory boundary survey carried out by a surveyor materializes the limits of the plot. It prevents the seller from delivering a smaller area than agreed. Survey fees are calculated according to the surface area and paid at the one-stop land desk.

Are notary fees negotiable?
No. Notary emoluments are set by Decree No. 2024-069/PR of 16 December 2024. The tariff depends on the sale price. The buyer can ask the notary for a written estimate before starting the procedure.