In Togo, real estate security depends on land status. The law n° 2018-005 of 14 June 2018, the Land and Domain Code, organizes property through land registration. The Land Title is the strongest proof. Other documents, such as the ACD or a notarial deed, do not offer the same protection. Verifying the document before buying and using a notary are the two essential rules.
The Togolese land regime
Real estate in Togo is governed by law n° 2018-005 of 14 June 2018, the Land and Domain Code, published in the Official Journal of the Togolese Republic. This text organizes land conservation and the registration of property. The Direction du Cadastre, de la Conservation Foncière et de l'Enregistrement (DCCFE) is responsible for creating land titles and publishing real rights, under articles 50 and 51 of the code.
Land Title and other documents
The Land Title (Titre Foncier)
The Land Title is created by registration. It records property rights definitively and makes them enforceable against third parties. Its holder is recognized as the true owner, except in cases of expropriation for public utility subject to compensation.
Preliminary documents
Some sellers present a customary document, sometimes called ACD (Attestation de Détention Coutumière) in listings, or a notarial deed. These are not registered land titles. Their legal value depends on their compliance with the Land and Domain Code. Only a notary can verify whether they can support a registration procedure.
Obtaining or transferring a land title
Registration routes
An unregistered property can be registered through three routes, as defined by the Togolese public service:
- Judicial route: court judgment confirming the sale, registered and stamped, certificate of non-opposition or appeal, approved cadastral plan.
- Administrative route: registration request, approved cadastral plan, receipt or sales contract, identity document. Foreigners must attach a prior authorization and a copy of their residence permit, except for French nationals.
- Notarial route: notarial deed of sale or partition, approved cadastral plan, identity documents.
Costs of transfer or title creation
Registration duties vary by operation:
| Operation | Rate or amount | Applicable text |
|---|---|---|
| Total transfer (sale, gift, partition) | 35 000 FCFA flat fee | Order n° 220/MEF/SG of 20 November 2018 |
| Registration (immatriculation) | 1.5 % of the market value | Ordinance n° 2020-005 of 30 July 2020 |
| Subdivision (morcellement) | 0.9 % of the market value | Ordinance n° 2020-005 of 30 July 2020 |
In addition, a capital gains tax applies on transfers for consideration. It is set at 7 % when the property was acquired less than five years ago. Beyond that period, a 20 % allowance applies if the property is built (Notaire Tsakadi).
What to check before buying
- Ask for the exact legal status in writing: Land Title, registration in progress, or preliminary document.
- Check the boundary markers and limits on site with a licensed surveyor.
- Make sure the seller is the legitimate holder by requesting a descriptive statement or a search at the DCCFE.
- Check for the absence of mortgage, seizure, or pending dispute.
- Have the deed drafted by a notary and register the transfer with the Land Conservation Office.
On Imonga
Listings for land for sale in Lomé and other properties show the land status declared by the seller: Land Title, ACD, notarial deed, or plot. This is a declaration, not a verification by Imonga.
Before committing, ask to see the original document and have it reviewed by a notary. You can also browse properties in Lomé or across Togo.
Frequently asked questions
What is the safest land status in Togo?
The Land Title registered by the Land Conservation Office. It records property rights definitively and is enforceable against third parties.
Can a foreigner buy land in Togo?
Yes, subject to prior authorization and a copy of the residence permit. French nationals are exempt from this authorization.
How much does it cost to transfer a land title?
Registration duties are a flat 35 000 FCFA for a total transfer (Order n° 220/MEF/SG of 20 November 2018). Notary fees and a capital gains tax may be added.
What if the seller only has a customary or notarial document?
Have the document verified by a notary. It is not a registered land title, but it may sometimes serve as a basis for a registration procedure.
How can I verify that a land title is authentic?
You can request a descriptive statement or a search at the DCCFE to verify the registered owner and the absence of charges.
On Imonga, the land status declared by the advertiser
When the advertiser has filled it in, the land status (Land Title, ACD, notarized deed, surveyed plot) appears on the listing. It is a declaration, not a check by Imonga: always ask to see the document itself and have it verified by a notary.
Frequently asked questions
What is the safest land status in Togo?
The Land Title registered by the Land Conservation Office. It records property rights definitively and is enforceable against third parties.
Can a foreigner buy land in Togo?
Yes, subject to prior authorization and a copy of the residence permit. French nationals are exempt from this authorization.
How much does it cost to transfer a land title?
Registration duties are a flat 35 000 FCFA for a total transfer. Notary fees and a capital gains tax may be added.
What if the seller only has a customary or notarial document?
Have the document verified by a notary. It is not a registered land title, but it may sometimes serve as a basis for a registration procedure.
How can I verify that a land title is authentic?
You can request a descriptive statement or a search at the DCCFE to verify the registered owner and the absence of charges.
General information, not legal advice. Always confirm with a notary or the competent land authority.