Conveyancing

Academics

Conveyancing Article Index Conveyancing PART 1 � SUBSTANTIVE LAW PART II � CONVEYANCING THEORY PART IV � REFERENCE BOOKS, STATUTES AND

Practical conveyancing The course is divided into the following three areas: Substantive Law Conveyancing Theory Practical Drafting The ultimate goal of the course is to equip students with adequate knowledge of the substantive land law in Ghana. A thorough understanding of this is necessary in order to help the student excel in practical drafting. The course is designed to help students undertake drafting assignments successfully. Among other things, the course will help students do the following: Approach drafting tasks with confidence; Organise and complete drafting tasks efficiently; Work skillfully with conceptually complex materials; Choose language strategically; Write clearly, concisely, and without inadvertent ambiguity; Draft documents with readable structure and style; Attendance and participation are required. Participation consists of more than mere attendance. Students must show that they have prepared by reading and thinking about assigned materials; Students must show that they understand or are making an effort to understand the concepts and principles discussed. Conveyancing – PART 1 � SUBSTANTIVE LAW Article Index Conveyancing PART 1 � SUBSTANTIVE LAW PART II � CONVEYANCING THEORY PART IV � REFERENCE BOOKS, STATUTES AND ARTICLES

Page 2 of 4 1. Interests in Land – (a) Allodial title; Customary freehold title or interest; (c) Common law freehold title or interest; Interests less than the freehold; (d) Leases and tenancies (common law); (e) Customary tenancies. 2. Legal and equitable ownership of land or interests in land Trusts; Settlement and trusts for sale; Gifts. 3. Powers Power of attorney; Power of appointment; Power in the nature of a trust. 4. Licences (common law). 5. Easements and profits. 6. Restrictive covenants. 7. Mortgages and contracts of guarantee. 8. Co-ownership of land (common law). Joint tenancy; Tenancy in common; Party walls. 9. Future interests. 10. Wills 11. Adverse possession. 12. Miscellaneous matters. Constraints on the exercise of ownership rights in land; compulsory acquisition, statutory leases and by-ways; special provisions relating to conveyance of stool or family lands; rules on conveyancing of owned lands; the concept of land banks and its impact on conveyancing in the country. << Prev – Next >> Conveyancing – PART II � CONVEYANCING THEORY Article Index Conveyancing

PART 1 � SUBSTANTIVE LAW PART II � CONVEYANCING THEORY PART IV � REFERENCE BOOKS, STATUTES AND ARTICLES All Pages

13. Introduction to the conveyancing process. 14. Lectures by a Lawyer from the Lands Commission Secretariat, the Regional Lands Officer, the Land Title Registrar and the Land Administration Project (LAP). 15. Contracts for the sale of land: Statutory requirements of contract; Open contracts; Advantages and disadvantages of open contract; Formal contract: Particulars of sale; Conditions of sale. Instalment sales; Auction sales. 16. Effect of contract of sale pending completion: Position of the vendor; Position of the purchaser; Death of either party; Vendor�s and purchaser�s liens. 17. Remedies for breach of contract. Damages; Specific Performance; Rescission. 18. Investigation of Titles. Abstract of title; Requisitions on title; Searches and enquiries. 19. Completion: (a)What constitutes completion on the part of the vendor and on the part of the purchaser; Post-completion matters. 20. Stamping and registration of conveyances: Necessity for stamping and effect of failure to stamp; Registration under Land Registry Act, 1962 (Act 122); Registration under Land Title Registration Law, 1986 (P.N.D.C.L. 152). 21. Setting aside or modifying conveyances. 22. Customary conveyances. 23. Statutory Declarations. 24. Disclaimers and Releases. 25. Notices and Acknowledgements. PART III � CONVEYANCING PRACTICE AND DRAFTING 26. Introduction to parts of a conveyance. 27. Sale: Form of a contract for a sale of freehold land; Form of a conveyance on sale of freehold land; Form of a conveyance as a gift; 28. Lease and its derivatives: Form of contract for a lease; Form of a lease; Form of a contract for a sublease; Form of a sublease; Form of a tenancy agreement; Form of a contract for assignment; Form of an assignment. 29.Trusts and Powers: Form of a trust instrument; Form of a Power of Attorney; Form of revocation of a Power of Attorney; Form of a power of appointment; Form of revocation of a power of appointment. 30.Mortgage: Preliminary enquiries; Form of a mortgage instrument; Form of a transfer of a mortgage; Form of a discharge of a mortgage. 31.Wills Form of a Will; Form of a Vesting Assent Form of a Codicil; The Will in practice including probate and administration. 32. Miscellaneous documents: Statutory declarations; Contracts of Guarantee; Agency Agreements; Partnership Agreements; Service (employment) contracts; Commercial (Business) contracts; Maintenance Agreements; Disclaimers and Releases; Licences; Acknowledgments; Hire-Purchase Agreements; Deeds of Indemnity; Notices; Easements, profits and restrictive covenants. 33. Students practical exercises throughout the year. << Prev – Next >> Conveyancing – PART IV � REFERENCE BOOKS, STATUTES AND ARTICLES Article Index Conveyancing

PART 1 � SUBSTANTIVE LAW PART II � CONVEYANCING THEORY PART IV � REFERENCE BOOKS, STATUTES AND ARTICLES All Pages Page 4 of 4 34. Books: (a) Aidoo E.S., Conveyancing and Drafting � The Law and Practice in Ghana; (b) Crabbe S.A., Law of Wills in Ghana (1998); (c) da Rocha and Lodoh: Ghana Land Law and Conveyancing, 2nd Edition (a must for every student); (d) da Rocha and Lodoh: Practical Draftsman (a must for every student); Kelly�s Draftsman, 18th edition (2003); Kludze A.K.P., Ghana Law of Landlord and Tenant (1993); Opoku-Akyeampong D.K.; The Acquisition, Sale and Rental of Property in Ghana; Opoku-Akyeampong D.K., The Acquisition, Sale and Rental of Property in Ghana � Casebook; Woodman G.R., Customary Land Law in the Ghanaian Courts (1996). 35. Statutes: 1992 Constitution; Administration of Estates Act, 1961 (Act 63); Administration of Estates (Amendment) Law, 1985 (PNDCL 113); Administration of Lands Act, 1962 (Act 123); Administration of Lands (Amendment) Decree, 1979 (AFRCD 61) Bills of Exchange Act, 1961 (Act 55); Conveyancing Decree, 1973 (NRCD 175); Farm Lands (Protection) Act, 1962 (Act 107); Land Development (Protection of Purchasers) Act, 1962 (Act 2); Land Registry Act, 1962 (Act 122); Land Title Registration Law, 1986 (PNDCL152); Lands Commission Act, 1994 (Act 483) Lands (Statutory Wayleaves) Act, 1963 (Act 186) Limitations Decree, 1972 (NRCD 54); Mortgages Decree, 1972 (NRCD 96); Mortgages (Amendment) Decree, 1979 (AFRCD 37); Powers of Attorney Act, 1998 (Act 549); Rent Act, 1963 (Act 220); Stamp Duty Act, 2005 (Act 689); State Lands Act, 1962 (Act 125); State Lands Act (Amendment) Decree, 1968 (NLCD 234); State Lands (Amendment) Act, 2000 (Act 586) Statutory Declarations Act, 1971 (Act 389); Volta River Development Act, 1961 (Act 46);

Wills Act, 1971 (Act 360); SUBSIDIARY LEGISLATION Land Registry Act, (Commencement) Instrument, 1965 (L.I.1450) Land Title Registration Regulations, 1986 (L.I.1341) Probate and Administration Rules, 1991 (L.I.1515) 36. Articles: Acquaye E., Administration and Development of Stool Land in Ghana [1969] RGL Vol I No. 3 174-182 Acquaye E., Administration and Development of Stool Land in Ghana [1970] RGL Vol II No. 1, 22-29 Agbosu L.K., Registrable Transactions: Boateng v Dwinfour [1980] Vol XII RGL 166-175 Agbosu L.K., Individualisation of Interests Under the Customary Land Law of Ghana [1981-82] Vol XIII & XIV RGL 35-50 Agbosu L.K., The Consequences of Land Registration [1983-86] Vol XV RGL 226-238 Aidoo E.S., Land Title Registration Law: An Introduction [1983-86] Vol XV RGL 112-128 Ampofo K.K.K., Testamentary Freedom and Support for Dependents [1990-92] Vol XVIII U.G.L.J. 138-179; 180-193 Ansah S. Baeta & K.A. Boateng, Commentary on Mortgage Financing and Foreclosure in Ghana (2004) 1 BFLJG 88 Asante-Ansong S., Executive Control of Land Use [1978] Vol X Nos 2&3 RGL 152-168 Asante-Ansong S. Title Registration in Ghana [1981-82] Vol XIII & XIV RGL 51-72 Asante-Ansong S., Compulsory Land Purchase and Compensation [1976] Vol VIII No. 1 RGL 28-38 Bimpong-Buta S.Y., Burden of Proof in Land Suits [1989-90] Vol XVII RG

L 349-359 Kludze A.K.P., Modern Ghanaian Law of Mortgages [1974] Vol XI No. 1 U.G.L.J. 1-19 Kom E.D., Nature of a Member�s Interest in Family Land [1966] Vol III No. 2 U.G.L.J. 122- 138 Kom E.D., Limitation of Action to Recover Land [1968] Vol V No.1 U.G.L.J. 13-75 Kom E.D., Declaration of Title to Land [1969] Vol VI No.1 U.G.L.J. 18-39 Kom E.D., Defences to an Action for Declaration of Title to Land [1983-86] Vol XV RGL 152-169 Kotey N.A.E., Rights and Obligations of Residential Landlords and Tenants [1986-90] Vol XVII U.G.L.J. 100-159 Kotey N.A.E., The Termination of Leases [1990-92] Vol XVIII U.G.L.J. 30-48 Lodoh C.H.K., A Case for the Formal Approach to Land Acquisition in Ghana, 1 GSLJ [2002] 56 Lodoh C.H.K., The Mortgage Agreement and the Mutuality Principle, 1 GSLJ [2002] 76 Nii-Aponsah D.A., The scope of the Right of Testation and Incidents of the Ga Six-Cloth Marriage [1993-95] 19 RGL 140 Ofori-Boateng J., The Nature of a Lease at Common Law and Under the Rent Act, 1963 (Act 220) [1971] Vol III No.3 RGL 194-208 Owusu S., Founding Specific Performance on Licence, Unjust Enrichment, and Estoppel [1981-82] Vol XIII & XIV RGL 135-166 Tsikata F.S., The Wills Act, 1970 (Act 360) [1972] Vol IV No. 1 RGL 5-21 Woodman G.R., The Formalities and Incidents of Conveyances in Ghana [1967] Vol IV U.G.L.J. 1-27 Woodman G.R., The Allodial Title to Land [1968] Vol V No 2 U.G.L.J. 79 � 114 Woodman G.R., Giving Teeth to the Land Registry Act [1972] Vol IV No. 3 RGL 231-241 Woodman G.R., Registration of Instruments affecting Land [1975] Vol VII No. 1 RGL 46-61 Woodman G.R., Land Registry Act Bites (Somewhat) [1979] Vol XI Nos 1-3 RGL 31-39 Woodman G.R., Land Use Policy and the Extent of the Usufruct [1981-82] Vol XIII & XIV RGL 200-204 Woodman G.R., Land Registry Act: New Issues for Old [1989-90] Vol XVIII RGL 307-317 Woodman G.R., La Stool Land Dispute [1989-90] Vol XVII RGL 338-348 Note:

i. Banking and Financial Law Journal of Ghana – BFLJG ii. Ghana School of Law Journal – GSLJ iii. Review of Ghana Law – RGL iv. University of Ghana Journal – UGLJ