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Property Law > Deeds > Flashcards

Deeds Flashcards

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1
Q

What are the two types of deeds?

A

Indenture and deed poll

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2
Q

What’s the difference between an indenture and a deed poll?

A

An indenture has binds two or more people while a deed poll is by one person only

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3
Q

A conveyance in land which is not done by deed is void is stated in …….

A

Section 77 of the PCL

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4
Q

What’s a case for the principle that where an attorney to execute a deed, the power appointing him must be by deed

A

Powell v. London & Provincial Bank

Berkeley v. Hardy

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5
Q

What is the rule in Walsh v. Londsdale

A

An instrument which is void as a convegace because it is not a deed may still operate In equity as an agreement for a conveyance

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6
Q

What is the Nigerian affirmed case for Walsh v. Lonsdale?

A

Opara v. Dowel schlumberger

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7
Q

Who is to draft a property document?

A

The person who will lose where the document is not well drafted

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8
Q

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…….

A

Section 159 of the EA

First National Security v. Jones

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9
Q

A deed being in writing is statutorily backed by…….

A

Section 4 of the statute of frauds act 1677

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10
Q

Section 159 of the EA does not apply to…… In respect of the sealing of a deed

A

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

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11
Q

When is a deed deemed to take place?

A

On the date of delivery, not the date inserted on the deed

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12
Q

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?

A

Awojugbabe Light Industries v. Chinukwe

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13
Q

What is the effect of an unsigned deed?

A

It will not be admissible in evidence - section 83(4) evident act

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14
Q

What are the four ways on attestation of the deed of a company can be drafted?

A
  • 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
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15
Q

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?

A

Goddards case

Awojugbabe Light Industries Ltd v. Chinukwe

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16
Q

What case states that a recital is a formal part of a deed or writing which explains the reason for the transaction?

A

Nitel v. Rocknoh Properties Limited

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17
Q

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?

A

Inland Revenue Commissioner v. Raphael

18
Q

…. 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

A

Section 162 of the evidence act

19
Q

The operative part of a deed contains…..

A

The active parts of he deed; the rights and obligations of the parties

20
Q

What case backs up the principle that you need a deed to grant another person the power to execute a deed on your behalf?

A

Powell v. London

Provincial Bank Abina v. Farhat

21
Q

What case backs up the principle that you need a deed to grant a deed of gift?

A

Re vallace

Jeffrey v. Jeffrey

22
Q

What section requires conveyance to be by deed?

A

Section 77 of the PCL

23
Q

An assent usually does not require a deed unless under….

A

Section 81 (2) of the LRL in Lagos

24
Q

What case backs up the principle that you don’t need a deed for a tenancy agreement?

A

Hand v. Hall

25
Q

What sections make the signing of a deed necessary?

A

Section 97 of the PCL

Section 83 of the EA

Section 93 of the EA - Electronic signatures

26
Q

What section requires the attestation of a deed for an illiterate?

A

Section 8(1) of the Land Instrument Registration Act

27
Q

What section provides for the common seal of a company?

A

Section 101 of CAMA

28
Q

What section provides for attestation of a power of attorney

A

Section 150 of the EA

29
Q

Is attestation mandatory?

A

Generally, no. But it is mandatory for illiterates, companies, registered trustees and statutory bodies

30
Q

Attestation must be done in the presence of….

A

A magistrate, justice of peace or notary public

31
Q

In Abuja consent is gotten from….

A

The minister

32
Q

Who holds the obligation of seeking consent?

A

The holder of the statutory right of occupancy (e.g owner of the property)

33
Q

What section provides that no other person asides a legal practitioner should prepare a legal instrument?

A

Section 22(d) of the LPA

34
Q

What case provides that the commissioner for stamp duties may not collect documents that cre not e are not endorsed by a lawyer

A

Edokpolo v. Ohenhen

35
Q

What begins the operative part of a deed?

A

The testatum

36
Q

How is the consideration clause in a deed of gift drafted?

A

“For like and affection”

37
Q

What section provides for the reasons for a receipt clause in a deed

A

Section 54-56 CA

Section 92-94 PCL

38
Q

The draft of a habendem begins with

A

“TO HOLD”

39
Q

A deed must be registered within…

A

60 days from execution

40
Q

A deed must be stamped within…

A

30 days of execution

41
Q

When is a supplemental deed required?

A

When the original deed has already been perfected

42
Q

What section provides for consent of the family head and principal members of the family in respect of conveyance of family property

A

Section 8(2) of the Lagos State Property Protection Law 2016

Property Law (8 decks)

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