Deeds Flashcards
What are the two types of deeds?
Indenture and deed poll
What’s the difference between an indenture and a deed poll?
An indenture binds two or more people while a deed poll is by one person only
A conveyance in land which is not done by deed is void is stated in …….
Section 77 of the PCL
What’s a case for the principle that where an attorney to execute a deed, the power appointing him must be by deed
Powell v. London & Provincial Bank
Berkeley v. Hardy
What is the rule in Walsh v. Londsdale
An instrument which is void as a conveyance because it is not a deed may still operate In equity as an agreement for a conveyance
What is the Nigerian affirmed case for Walsh v. Lonsdale?
Opara v. Dowel schlumberger
Who is to draft a property document?
The person who will lose where the document is not well drafted
There is a presumption that a deed is sealed when it’s signed and attested to by witnesses even though there’s no impression on it - this is stated in…….
Section 159 of the EA
First National Security v. Jones
A deed being in writing is statutorily backed by…….
Section 4 of the statute of frauds act 1677
Section 159 of the EA does not apply to…… In respect of the sealing of a deed
Section 159 of the EA does not apply to companies In respect of the sealing of a deed - there is no presumption of sealing, there must be a seal pursuant to Section 163 EA
When is a deed deemed to take place?
On the date of delivery, not the date inserted on the deed
What case states that a deed that has been executed and delivered without the consent Of the governor is escrow is until the consent is granted?
Awojugbabe Light Industries v. Chinukwe
What is the effect of an unsigned deed?
It will not be admissible in evidence - section 83(4) evident act
What are the four ways on attestation of the deed of a company can be drafted?
- By endorsing the common seal in the presence of two persons - secretary or director
- By a director and secretary where the common seal is not affixed
- By atleast two directors where the common seal is not affixed
- By a director in the presence of atleast one witness where the common seal is not affixed
What case can be used to back up the principle that the date on a deed is not the date it is deemed to have begun?
Goddards case
Awojugbabe Light Industries Ltd v. Chinukwe
What case states that a recital is a formal part of a deed or writing which explains the reason for the transaction?
Nitel v. Rocknoh Properties Limited
What case backs up the principle that where an operative part of a deed is clear, there will be no need to resort to the recital?
Inland Revenue Commissioner v. Raphael
…. of the evidence act provides that recitals contained in documents that are twenty years old or more battle date of the contract are presumed sufficient evidence of the truth of the facts stated within them unless proven otherwise
Section 162 of the evidence act
The operative part of a deed contains…..
The active parts of the deed; the rights and obligations of the parties
What case backs up the principle that you need a deed to grant another person the power to execute a deed on your behalf?
Powell v. London Provincial Bank
Abina v. Farhat
What case backs up the principle that you need a deed to grant a deed of gift?
Re vallace
Jeffrey v. Jeffrey
What section requires conveyance to be by deed?
Section 77 of the PCL
An assent usually does not require a deed unless under….
Section 81 (2) of the LRL in Lagos
What case backs up the principle that you don’t need a deed for a tenancy agreement?
Hand v. Hall
What sections make the signing of a deed necessary?
Section 97 of the PCL
Section 83 of the EA
Section 93 of the EA - Electronic signatures
What section requires the attestation of a deed for an illiterate?
Section 8(1) of the Land Instrument Registration Act
What section provides for the common seal of a company?
Section 101 of CAMA
What section provides for attestation of a power of attorney
Section 150 of the EA
Is attestation mandatory?
Generally, no. But it is mandatory for illiterates, companies, registered trustees and statutory bodies
Attestation must be done in the presence of….
A magistrate, justice of peace or notary public
In Abuja consent is gotten from….
The minister
Who holds the obligation of seeking consent?
The holder of the statutory right of occupancy (e.g owner of the property)
What section provides that no other person asides a legal practitioner should prepare a legal instrument?
Section 22(d) of the LPA
What case provides that the commissioner for stamp duties may not collect documents that are not endorsed by a lawyer
Edokpolo v. Ohenhen
What begins the operative part of a deed?
The testatum
How is the consideration clause in a deed of gift drafted?
“For like and affection”
What section provides for the reasons for a receipt clause in a deed
Section 54-56 CA
Section 92-94 PCL
The draft of a habendum begins with
“TO HOLD”
A deed must be registered within…
60 days from execution
A deed must be stamped within…
30 days of execution
When is a supplemental deed required?
When the original deed has already been perfected
What section provides for consent of the family head and principal members of the family in respect of conveyance of family property
Section 8(2) of the Lagos State Property Protection Law 2016
What section provides that it is the date of delivery that a deed becomes effective?
Section 157 of the evidence act
……. Saves a document for an illiterate without illiterate jurat from being invalid
Franking
