Ghana School of Law PLC: Conveyancing and Drafting (GLC)

Under the Land Act, 2020 (Act 1036), what is the standard period for tracing a good root of title in land transactions in Ghana?

• AThirty (30) years
• BTwelve (12) years
• CTwenty (20) years
• DSixty (60) years

Under Section 47 of the Land Act, 2020 (Act 1036), what is the legal effect of a land disposition involving joint spousal property without the written consent of both spouses?

• AThe disposition is void and of no legal effect.
• BThe disposition is voidable only at the instance of the non-consenting spouse within 12 m…
• CThe disposition is valid, but the non-consenting spouse is entitled to half of the procee…
• DThe disposition is valid if the purchaser paid valuable consideration and had no notice o…

Under the Land Act, 2020 (Act 1036) and Article 267 of the 1992 Constitution, what type of land interest is strictly prohibited from being created or vested in stool, skin, clan, or family lands?

• AFreehold interest
• BLeasehold interest
• CCustomary tenancy
• DUsufructuary interest

According to Section 10 of the Land Act, 2020 (Act 1036) and Article 266 of the 1992 Constitution, what is the maximum leasehold term that can be granted to a non-citizen of Ghana at any one time?

• AFifty (50) years
• BNinety-nine (99) years
• CTwenty-one (21) years
• DTwenty-five (25) years

How does the Land Act, 2020 (Act 1036) define a corporate body as a "non-citizen" for the purpose of land ownership restrictions in Ghana?

• AA company in which more than forty percent (40%) of the shares are owned by non-citizens.
• BA company incorporated outside Ghana under foreign laws.
• CA company with any foreign shareholding, regardless of the percentage.
• DA company in which foreign nationals hold the majority of seats on the Board of Directors.

Which of the following is a statutory requirement under the Legal Profession Act, 1960 (Act 32) and the Land Act, 2020 (Act 1036) for a person to prepare a conveyancing instrument for reward in Ghana?

• AThe person must be a legal practitioner with a valid annual practicing license.
• BThe person must be a licensed real estate broker or land surveyor.
• CThe person must be a certified member of the Ghana Institution of Surveyors.
• DThe person must be a public notary or registrar at the Lands Commission.

Under Section 34 of the Land Act, 2020 (Act 1036), what is the minimum statutory requirement for a contract for the sale of land to be enforceable in Ghana?

• AIt must be in writing, signed by the parties, and attested by at least one witness.
• BIt must be executed under seal in the presence of two witnesses and registered within 3 m…
• CIt must be recorded by a notary public and stamped by the Ghana Revenue Authority.
• DIt must be executed on a standard form provided by the Lands Commission.

In a land transaction in Ghana, what does the principle of "caveat emptor" imply regarding the purchaser's pre-contractual duties?

• AThe purchaser has a duty to conduct all necessary searches and physical inspections of th…
• BThe vendor is legally responsible for discovering and notifying the purchaser of all pate…
• CThe purchaser is entitled to rely solely on the verbal assurances of the vendor regarding…
• DThe purchaser can rescind the contract automatically if any minor defect is discovered af…

Which division of the Lands Commission in Ghana is responsible for conducting official searches to verify whether a parcel of land falls within a government-acquired or vested area?

• APublic and Vested Land Management Division (PVLMD)
• BLand Registration Division (LRD)
• CSurvey and Mapping Division (SMD)
• DLand Valuation Division (LVD)

In Ghanaian conveyancing practice, what is the key distinction between an "open contract" and a "formal contract" for the sale of land?

• AAn open contract only states the parties, property, and price, leaving other terms to be…
• BAn open contract is verbal and customary, while a formal contract must be written and sea…
• CAn open contract is a public tender, while a formal contract is a private transaction.
• DAn open contract does not require spousal consent, while a formal contract does.

What equitable interest is transferred to a purchaser immediately upon the exchange of a valid contract for the sale of land in Ghana?

• AEquitable title, making the vendor a constructive trustee of the property for the purchas…
• BLegal title, allowing the purchaser to immediately mortgage the property.
• CA mere personal right to sue in contract, but no interest in the land itself.
• DAn absolute tenancy at will that cannot be terminated by the vendor.

In a contract for the sale of land in Ghana, what is the legal effect of a clause stating "time is of the essence" regarding the completion date?

• AAny failure by a party to perform their obligations on the specified date constitutes a f…
• BThe parties are allowed a reasonable grace period of 14 days after the specified date to…
• CThe completion date is treated as a tentative target and can be unilaterally extended by…
• DThe contract is automatically voided if completion is delayed by even one minute, without…

Which of the following describes the vendor's duty of disclosure regarding defects in a land transaction in Ghana?

• AThe vendor must disclose all latent material defects in the title that are not discoverab…
• BThe vendor must disclose all patent defects of quality that are visible to the naked eye.
• CThe vendor is under no duty to disclose any defects, as caveat emptor completely shields…
• DThe vendor must disclose every single repair history of the property over the last 30 yea…

If a vendor fails to show a good root of title during the pre-contractual stage, what is the primary remedy available to the purchaser before completion?

• ARescind the contract, demand the return of the deposit with interest, and sue for damages…
• BUnilaterally reduce the purchase price by fifty percent and complete the transaction.
• CApply to the Lands Commission to register the land in the purchaser's name anyway.
• DFile a criminal complaint against the vendor for fraudulent land transaction under Act 10…

In Ghanaian conveyancing practice, what is the distinction between a "deposit" and a "part-payment" in a contract for the sale of land?

• AA deposit is a guarantee of performance that is forfeitable if the purchaser defaults, wh…
• BA deposit must be paid in cash, while a part-payment can be paid in installments or servi…
• CA deposit can only be ten percent of the purchase price, whereas a part-payment must be a…
• DA deposit is paid to the Lands Commission, while a part-payment is paid directly to the v…

Which of the following acts of due diligence should a purchaser's solicitor perform first upon receiving instructions to purchase a plot of land in Accra?

• AConduct a search at the Lands Commission using the vendor's site plan and perform a physi…
• BDraft the deed of conveyance and send it to the vendor for signature.
• CPay the full purchase price into the vendor's bank account to secure the property.
• DApply for a building permit at the Metropolitan Assembly in the purchaser's name.

A purchaser is buying land owned jointly by a husband and wife. The husband signs the contract of sale alone, claiming his wife consents. What is the legal implication of this transaction under Act 1036?

• AThe contract is void and unenforceable because both joint owners must sign the written co…
• BThe contract is valid and binding if the husband has a verbal power of attorney from his…
• CThe contract is voidable at the option of the husband if his wife refuses to sign the fin…
• DThe contract is valid as to the husband's fifty percent share, and the purchaser becomes…

In a contract for the sale of land in Ghana, what does the term "vacant possession" require the vendor to do upon completion?

• ADeliver the property free from any physical occupants, chattels, or legal tenancies, allo…
• BRemove all permanent structures and buildings from the land.
• CEnsure that the land is cleared of all vegetation and graded flat.
• DVerify that the land has no registered mortgage or tax lien at the Ghana Revenue Authorit…

A purchaser's search at the Survey and Mapping Division of the Lands Commission reveals that the site plan provided by the vendor overlaps with an older registered site plan. What should the purchaser's solicitor do?

• AAdvise the purchaser not to proceed with the transaction until the boundary overlap is re…
• BProceed with the transaction and rely on the covenants for title to sue the vendor later.
• CSubmit the conveyance to the Land Registration Division to register the overlap in the pu…
• DUnilaterally adjust the purchaser's site plan boundary lines to exclude the overlapping a…

In a contract of sale of land in Ghana, if the vendor makes an innocent misrepresentation regarding a material defect in title, what is the purchaser's remedy?

• ARescission of the contract and return of the deposit, but generally no damages unless neg…
• BImmediate criminal prosecution of the vendor for land fraud.
• CVesting of the land in the purchaser without any further payment.
• DReduction of the purchase price by a percentage determined by the purchaser's solicitor.

Which of the following represents the correct sequence of the formal parts of a deed of conveyance (deed of assignment) in Ghana?

• ACommencement, Recitals, Testatum, Consideration, Receipt, Operative Words, Parcels, Haben…
• BCommencement, Habendum, Recitals, Testatum, Consideration, Receipt, Parcels, Covenants, E…
• CCommencement, Parcels, Recitals, Habendum, Covenants, Consideration, Receipt, Execution,…
• DCommencement, Recitals, Consideration, Receipt, Habendum, Parcels, Testatum, Execution, A…

In drafting a deed of conveyance in Ghana, what is the primary function of the "narrative recitals"?

• ATo trace the history of ownership and explain how the vendor acquired the interest being…
• BTo state the agreement for sale and specify the price agreed between the parties.
• CTo describe the boundaries and dimensions of the land with reference to a site plan.
• DTo outline the covenants for title and quiet enjoyment undertaken by the vendor.

What is the legal purpose of including a "receipt clause" within the body of a deed of conveyance in Ghana?

• AIt serves as prima facie evidence of payment of the consideration money, discharging the…
• BIt constitutes conclusive proof that the deed has been registered at the Lands Commission.
• CIt acts as a receipt for the payment of stamp duty to the Ghana Revenue Authority.
• DIt confirms that the purchaser has physically taken possession of the property.

In a deed of assignment, which clause contains the "operative words" that execute the actual transfer of the interest in land from the assignor to the assignee?

• AThe Testatum ("NOW THIS DEED WITNESSETH that the Assignor hereby assigns...")
• BThe Habendum ("TO HOLD the same unto the Assignee...")
• CThe Reddendum ("YIELDING AND PAYING therefor...")
• DThe Commencement ("THIS DEED OF ASSIGNMENT is made...")

What is the primary function of the "Habendum" clause in a deed of conveyance or lease in Ghana?

• ATo define the quantum of estate or interest transferred (e.g., freehold or leasehold term…
• BTo describe the physical boundaries, acreage, and location of the land.
• CTo state the covenants for quiet enjoyment and payment of rent.
• DTo introduce the signatures of the parties executing the deed.

In a lease agreement, what is the purpose of the "Reddendum" clause?

• ATo specify the rent reserved, the mode of payment, and the intervals at which it must be…
• BTo reserve a right of re-entry for the landlord in the event of a breach of covenant.
• CTo describe the exceptions and reservations (e.g., easements or mineral rights) retained…
• DTo outline the tenant's obligation to return the property in a tenantable state of repair.

What is the function of the "Parcels Clause" in a deed of assignment or lease?

• ATo describe the land being transferred in detail, usually by reference to boundaries, dim…
• BTo divide the property into shares among tenants in common.
• CTo list the items of furniture and fittings (chattels) included in the sale.
• DTo specify the covenants that run with the land.

Under the Land Act, 2020 (Act 1036), which of the following covenants for title is implied in a conveyance where the grantor transfers the property "as beneficial owner"?

• ARight to convey, quiet enjoyment, freedom from encumbrances, and further assurance.
• BAn absolute warranty that the title is free from any possibility of future litigation.
• CA covenant that the grantor will pay all utility bills and property rates for the next te…
• DA covenant that the land contains no physical defects or structural hazards.

In drafting a deed, what is the meaning and function of the "Covenant for Further Assurance"?

• AAn undertaking by the grantor to execute any further legal documents or perform acts nece…
• BAn insurance policy purchased by the vendor to protect the purchaser against boundary cla…
• CA promise by the purchaser to pay the balance of the purchase price upon request.
• DA guarantee that the local authority will grant planning permission for development.

In a deed of conveyance, what is the function of the "Testimonium" clause?

• ATo state that the parties have executed the deed, linking the body of the deed to the sig…
• BTo contain the signatures and seals of the witnesses attesting the transaction.
• CTo recite the names of the ancestors of the family land being sold.
• DTo declare that the document is a true copy of the original deed.

Under Ghanaian law, what does "delivery" of a deed mean?

• AAn act or words showing an intention by the executing party to be bound by the terms of t…
• BThe physical handover of the signed paper document to the purchaser or assignee.
• CThe filing of the document at the Land Registration Division of the Lands Commission.
• DThe payment of the final installment of the purchase price.

In a Deed of Gift transferring self-acquired land in Ghana, which of the following is legally necessary to make the gift valid and complete?

• AEvidence of acceptance of the gift by the donee (such as the donee's signature on the dee…
• BPayment of a nominal consideration of GHS 1.00 to show value.
• CConsent and concurrence of the Lands Commission prior to execution.
• DApproval of the head of the donor's family.

What is the purpose of drafting a "Deed of Release" in a land transaction in Ghana?

• ATo discharge a property from a mortgage or release a party from restrictive covenants onc…
• BTo assign a leasehold interest to a third party for the remaining term.
• CTo declare that a tenant has been evicted for non-payment of rent.
• DTo register a new title certificate at the Lands Commission.

Under the Stamp Duty Act, 2005 (Act 689), what is the statutory deadline for stamping a conveyancing instrument executed within Ghana?

• AWithin two (2) months of its execution.
• BWithin thirty (30) days of its execution.
• CWithin six (6) months of its execution.
• DPrior to the execution of the instrument.

What is the legal consequence if a deed of assignment is not stamped with the appropriate stamp duty under Act 689?

• AIt cannot be registered at the Lands Commission and is inadmissible in evidence in civil…
• BThe transaction is immediately voided, and ownership reverts to the vendor.
• CThe parties are liable to immediate arrest and criminal imprisonment.
• DThe document is valid for registration, but a double fee is charged upon subsequent sale.

In a deed of conveyance, who must sign the "Attestation Clause" to satisfy the execution requirements under the Land Act, 2020 (Act 1036)?

• AThe witnesses who observed the parties signing the deed, certifying the execution.
• BThe Registrar of the Lands Commission verifying the transaction.
• CThe solicitor who drafted the deed, confirming its legal compliance.
• DThe buyer and seller, confirming they have agreed to the terms.

What is the role of the Land Valuation Division (LVD) of the Lands Commission in the post-completion conveyancing process in Ghana?

• ATo assess the open market value of the property to determine the appropriate stamp duty p…
• BTo conduct survey works and demarcate the boundaries of the land.
• CTo issue the final Land Title Certificate to the purchaser.
• DTo resolve boundary disputes between neighboring land owners.

In drafting recitals for a conveyance, what is the legal effect of a recital stating that a vendor is "seised in unencumbered fee simple"?

• AIt constitutes an representation by the vendor that they own the absolute legal estate fr…
• BIt is a legally binding guarantee that the land is free from any physical defects.
• CIt automatically cures any defects in the vendor's actual title, making it registered.
• DIt is a standard boilerplate phrase that has no legal meaning or consequence.

What is the purpose of including an "indemnity covenant" in a Deed of Assignment of a leasehold interest?

• ATo obligate the assignee to pay the rent and perform the lease covenants, and to indemnif…
• BTo guarantee that the assignee will never be evicted by the landlord under any circumstan…
• CTo insure the assignor against any loss of value of the property.
• DTo require the landlord to pay compensation to the assignee if the lease is terminated.

Which of the following describes the legal requirement for executing a deed of conveyance by a corporate body (company) in Ghana?

• AIt must be executed under the common seal of the company and signed by authorized officer…
• BIt must be signed by every single shareholder of the company to be valid.
• CIt must be signed by the company's external auditor and registered at the Registrar Gener…
• DIt must be executed by a court-appointed liquidator.

Which of the following represents the four essential elements required to create a valid leasehold interest at common law and under Ghanaian law?

• AParties, property, certain term (duration), and exclusive possession.
• BParties, premium, registration, and witness signatures.
• CLandlord, tenant, monthly rent, and Lands Commission concurrence.
• DWritten contract, seal, security deposit, and Rent Officer approval.

A lease is drafted to commence "on the date the landlord completes renovations on the building." What is the legal status of this lease at common law?

• AIt is void for uncertainty of the commencement date, as the start date must be certain or…
• BIt is valid, and the lease term automatically starts whenever the renovations are finishe…
• CIt is voidable at the option of the tenant if renovations take longer than 60 days.
• DIt is treated as a periodic tenancy from year to year.

In a lease agreement, which party is typically responsible for the payment of property rates and external structural repairs of the premises, unless there is an express agreement to the contrary?

• AThe landlord (lessor)
• BThe tenant (lessee)
• CThe local municipal assembly
• DThe landlord and tenant share the cost equally

A tenant covenants "not to assign, sublet or part with possession of the demised premises without the prior written consent of the landlord." What restriction does this place on the landlord's right to withhold consent?

• AThe landlord must not unreasonably withhold or delay consent.
• BThe landlord has an absolute right to refuse consent for any reason whatsoever, even if a…
• CThe landlord can demand a premium or fee from the tenant as a condition for granting cons…
• DThe tenant can ignore the covenant if the proposed subtenant is of good financial standin…

What is the scope of the landlord's implied covenant for "quiet enjoyment" in a lease in Ghana?

• AA promise that the landlord or anyone claiming under the landlord will not physically or…
• BA guarantee that the neighborhood will remain silent and free from noise pollution.
• CAn undertaking that the landlord will pay the tenant's rent if the tenant loses their job.
• DA warranty that the tenant will never be evicted, even if they breach the lease.

What does the tenant's implied covenant to use the premises in a "tenant-like manner" require the tenant to do?

• APerform basic daily maintenance and minor repairs (e.g., clearing blocked drains, replaci…
• BRebuild any part of the premises that is destroyed by fire or natural disaster.
• CPay all property rates and municipal taxes levied on the land.
• DRefrain from keeping any pets or visitors on the premises.

Under the Rent Act, 1963 (Act 220), what is the legal position regarding the eviction of a tenant by a landlord in Ghana?

• AA landlord cannot forcibly eject a tenant without obtaining a formal order of eviction fr…
• BA landlord can physically eject a tenant and lock their doors if rent is in arrears for m…
• CThe landlord can evict a tenant by giving a 48-hour verbal notice to quit.
• DOnly the Rent Officer has the power to evict a tenant, and courts have no jurisdiction.

Under Section 25 of the Rent Act, 1963 (Act 220), what is the maximum advance rent a landlord can legally demand or receive for a residential tenancy in Ghana?

• ASix (6) months' rent
• BOne (1) year's rent
• CTwo (2) years' rent
• DThree (3) months' rent