Conveyancing

25/11/2022
Conveyancing and drafting

Drafting on wills
Recommended textbooks
1. Course manual
2. Substantive law:
a. Ghana land law by BJ darocha and
b. Land law practice and conveyancing in Ghana
c. Contemporary trends in immovable property in Ghana, Yaw Oppong
3. Drafting: practical draftsman: BJ darocha and
Constitutional provisions
Concepts and technologies
Titled interest property and instrument in Ghana
Possession in law, u can be in possession without ownership or both (possession and
ownership).
Ownership
Chapter 5, 6 Land Act
***Formal approach to land transactions

***A contract is not an instrument of transfer. Don’t draft a contract when asked to draft
an instrument of transfer. A contract doesn’t transfer anything. If u r sued on a contract.
It should be specific performance of the contract.
Check if a mortgaged property has been registered before allowing it to be sold
Bouchidid v yalley 2
17/03/2023
Section 10 and 18 of the limitation Act
Case on adverse possession

Djin v Musah Baako
Okudzato ablakwa
Boyefio
Selling a land that has arisen through trust. Steps are:

1. Probate
2. Vesting assent
Functions of a collateral registry
DESCRIBE THE circumstances under which a mortgagee can request for a sale of a
mortgage property. Describe the procedure
Answer:
MORTGAGES DECREE, 1972 (NRCD 96) Section 18—Judicial Sale.
(1) Upon failure of performance of an act or acts secured by the mortgage the
mortgagee may apply to the court for an order for the judicial sale of the mortgaged
property, and upon being satisfied as to the existence of grounds for the application the
court shall, upon such conditions as it deems just and equitable, grant an order for
judicial sale of all or part of the mortgaged property.
(2) In considering what conditions if any to attach to an order for judicial sale the court
shall have regard to what opportunity if any the mortgagee has afforded to the
mortgagor or obligor or both to remedy the failure of performance.
(3) A judicial sale ordered under this section shall be by public auction unless the
mortgagor and all encumbrancers subsequent to the mortgagee requesting the judicial
sale and of whom he has notice at the time of the sale agree to a private sale and the
terms of the sale are approved by the court.
(4) Prior to a judicial sale ordered under this section the mortgagee requesting the
judicial sale shall give reasonable notice of the sale to the mortgagor and every
encumbrancer of whom he has notice.
(5) Failure to give such reasonable notice shall not affect the judicial sale but shall
render the mortgagee personally liable for any loss caused thereby.
(6) Neither the mortgagor nor any encumbrancer, including the mortgagee who
requested the judicial sale and any mortgagee prior or subsequent to him, shall be
precluded from purchasing the mortgaged property at a judicial sale ordered under this
section:
Provided that a purchase by the mortgagee who requested the judicial sale or his
nominee shall not take effect until approved by the court.
(7) The court ordering the judicial sale may make any order for conveyance, or vesting
order, proper for giving effect to the sale, and the court may authorise the registrar or
other officer of the court to execute on behalf of the mortgagor and the mortgagee who
requested the judicial sale, a conveyance granting the interests of the mortgagor and
mortgagee in the mortgaged property to the purchaser at the judicial sale.
(8) The purchaser at a judicial sale ordered under this section shall take title to the
mortgaged property free of all interests to which the mortgage of the mortgagee who
requested the judicial sale has priority, and free of that mortgage, but subject to all
interests which have priority to that mortgage, and shall be entitled as against any
person to all title documents relating exclusively to the mortgaged property other than
those title documents held by a person with an interest having priority to the mortgage
of the mortgagee who requested the judicial sale.
(9) Notwithstanding any provision to the contrary in the mortgage a judicial sale ordered
under this section shall be the only manner in which a mortgagee may foreclose rights
to redeem the mortgaged property.
(10) The proceeds from a judicial sale ordered under this section shall, as the court
directs, either be deposited in court for distribution as ordered by the court or shall be
held in trust for distribution by the mortgagee who requested the judicial sale.
(11) Proceeds from a judicial sale shall be distributed first, in payment of all expenses
properly incurred as incident to the judicial sale or any prior attempted judicial sale,
secondly, in payment of all sums secured by the mortgage or with the same priority as
the mortgage, thirdly, in payment in the order of priority of any encumbrances
subsequent to that of the mortgagee who requested the judicial sale, and the residue to
the mortgagor or his successors in interest.
(12) Where a mortgagee holding in trust for distribution proceeds from a judicial sale
ordered under this section is in doubt as to the proper distribution of all or part of those
proceeds he may apply to the court for direction and may if the court so orders deposit
the proceeds in court.
(13) The title of a purchaser at a judicial sale ordered under this section shall not be
impeachable on the ground that the order for the judicial sale was improperly or
irregularly ordered.
(14) Any sale ordered by the court under this section shall not take place until the
expiration of thirty days after the date of the order.
Discuss four rights of a mortgagee under the mortgages act

Once a mortgage always a mortgage. Discuss

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25/11/2022

Conveyancing and drafting

***Formal approach to land transactions

Case on adverse possession

Selling a land that has arisen through trust. Steps are:

Functions of a collateral registry

MORTGAGES DECREE, 1972 (NRCD 96) Section 18—Judicial Sale.

Discuss four rights of a mortgagee under the mortgages act

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