This note will discuss common terms and concepts used in conveyancing and drafting. The terms to be discussed are conveyancing, instrument, land, interests in land, title, good title, possession, ownership, and property.
This note will discuss various statutes that relate to interests in land. The statutes to be discussed are the Land Act, 2020 (Act 1036); the Lands Commission Act, 2008 (Act 767); and the Rent Act, 1963 (Act 220).
In previous notes, conveyancing was defined as the act of preparing legal instruments that transfer an interest in real property. Prior to the preparation of any legal instrument by which title is transferred, there is a pre-contract stage, the contract stage, and the post-contract stage. The title is transferred at the completion stage, and stamping and registration are done at the post-completion stage. These stages are briefly discussed in this note and extensively discussed in subsequent notes.
Prior to a purchaser agreeing to be part of a contract for the transfer of an interest in land, various checks and due diligence are conducted. These checks and due diligence form part of the pre-contract stage of a conveyancing transaction and are discussed in this note.
In a previous note, we discussed the contract stage as one of the stages in the conveyancing transaction. It was explained that at the contract stage, the vendor does not actually transfer his interest in the land to the vendor; he merely agrees to transfer the interest. In this note, we will discuss the positions of the purchaser and the vendor after the execution of a contract for the transfer of an interest in land.
This note will discuss the remedies available to the vendor and the purchaser following a breach of contract by either party.
In a conveyancing transaction, the stage at which an interest in land is transferred from the vendor to the purchaser is known as the completion stage. The interest is transferred through a conveyance. This note will briefly define completion, a conveyance, persons qualified to prepare a conveyance, parties to a conveyance, subject matter of a conveyance, and mode of transfer of interest in land.
In a previous note, we discussed the completion stage of a conveyancing transaction and emphasised that it is at that stage that the interest is transferred from the vendor to the purchaser. In this note, we will discuss the post-completion, which consists of securing the property and proving, stamping and registering the conveyance instrument. We will discuss each of these processes.
In a previous note, we discussed the registration of a conveyance instrument under Chapter Six of the Land Act, 2020 (Act 1036). In this note, we will discuss title registration under Chapter Five of the Act. For the purpose of highlighting the difference between registration of an instrument and title registration, the note begins by giving a brief overview of registration of instruments under the Land Registry Act, 1962 (Act 122) and registration of title under the Land Title Registration Law, 1986 (PNDCL 152). The note then discusses specific provisions under Act 1036 relating to title registration, such as qualification for title registration, the process for title registration, and the effect of title registration.
This note will discuss the meaning of trust and the common terminologies associated with it.
This note will discuss the two broad classifications of trust: express trust and implied trust, and the further classifications of implied trust: resulting trust and constructive trust.
This note discusses the meaning of a trustee and the capacity of a person to be a trustee, how he is appointed, how the trust property is vested in him, the requirement for multiple trustees to act together, and how trusteeship can be terminated.
This note will discuss the meaning of breach of trust, the liability of trustees following a breach of trust, the remedies available to beneficiaries, and the defences available to trustees in respect of a breach of trust.
This note will examine the concept of a mortgage, common terms used in mortgages, the two main characteristics of a mortgage, and the sources of law for mortgages in Ghana.
This note examines the rights of a mortgagor under a mortgage. In particular, the note will focus on a mortgagor’s right to redeem the mortgaged property.
In a previous note, we discussed the rights of the mortgagor. In this note, we will discuss the rights of the mortgagee. In particular, the note will discuss the right of the mortgagee to possess title documents, the power of sale, and the appointment of a receiver on default, among others.