DEEDS Flashcards
What is a deed?
A document which passes interest in property or binds a person to perform/abstain from an action
What are the different types of deed?
- Deed poll
2. Indenture
What is a deed poll? Can you provide an example?
A document executed by one party only. E.g. Power of Attorney
What is an indenture?
Document used to bind two or more people
What can a deed be used for?
- to convey interest
- to create an obligation
- to confirm an act
- to extinguish an obligation/terminate interest
List 5 transaction which require creation of deeds
Any 5 from this list:
- Transactions lacking consideration i.e. a Gift (Re Vallance)
- Conveyance of legal interest in land
- Power of Attorney where the power is exercised by deed (Powell v London and Provincial Bank)
- Vesting Declaration
- Voluntary Surrender
- Lease exceeding 3 years
- Deed of Rectification
- Share transfer agreement under CAMA
Remember: G.C.P.V.V.L.R.
List 5 transaction which DO NOT require creation of a deed
- Transaction covered by the rule in Walsh v Lonsdale
- Assent
- Receipts not required to be under seal
- Tenancy Agreement
- Surrender by operation of law
- Power of Attorney
- Disclaimers
- Probate/Letters of Administration
- Conveyance by operation of law
Remember: W.A.R.T.S.P.D.P.
Draft an Illiterate Jurat
The contents of this deed have been read over and explained to the within named Assignor in the English language by me, ____________, Esq. of ___________ and he seemed perfectly to have understood it before affixing his sign/mark etc. to this deed
BEFORE ME \_\_\_\_\_\_\_\_\_\_\_\_\_\_ COMMISSIONER FOR OATHS
What are the features of a deed?
- Signature of the parties
- Sealing
- Delivery
- Attestation
- Franking
What does Section 83(4) Evidence Act say?
A deed must be signed by the parties creating it?
DRAFT a Blind person Jurat
The contents of this deed have been read aloud to the within named Assignor by me, ____________, Esq. of ___________ and he seemed perfectly to have understood it before guiding his hand to affix his sign/mark etc. to this deed.
BEFORE ME \_\_\_\_\_\_\_\_\_\_\_\_\_\_ COMMISSIONER FOR OATHS
Omega bank v OPC Ltd
A deed may not be admissible in court if it is not signed
What case provides the following authority? : Mere physical delivery of a deed without an intention to convey interest is not delivery
Awojugbabe Light Industries v Chinukwe
What must be included in a deed where one of the parties is an illiterate?
An Illiterate Jurat
Same applies for a blind person
What does Section 159 Evidence Act say?
Any document stamped as a deed or signed and duly attested is presumed to have been sealed and delivered even in the absence of a physical seal
What does Section 75(4) CAMA say?
A body corporate must have its common seal affixed and attested to
Itauma v Akpe Ime
Failure to add an illiterate jurat where necessary would render a deed inadmissible in court as evidence
Awojugbabe Light Industries v Chinukwe
Mere physical delivery of a deed without an intention to convey interest is not delivery
What is delivery of a deed?
The passing of an interest/right
What is absolute delivery?
Delivery which is complete upon the actual transfer of the instrument from the possession of the grantor
What is the doctrine of relation back?
Deed delivered conditionally takes effect from the date it was delivered in escrow and not the date the condition was met
Who can attest to a deed executed by a company?
Two Directors or a Director and a Secretary
Section 98PCL
What is conditional delivery?
It is delivery in escrow pending fulfilment of certain conditions
What case provides the following authority? : “A deed may not be admissible in court if it is not signed”
Omega bank v OPC Ltd