SCHEDULES

FIRST SCHEDULE
(sections 15 (4) and 37)
RECORD OF CUSTOMARY TRANSFER
1. Full name and address of transferor (including residential and postal address if any):
(a) ........................................................................................................
(b) ........................................................................................................
(c).........................................................................................................
(d) .........................................................................................................
2. Full name and address of transferee (including residential and postal address if any):
(a) .........................................................................................................
(b) .........................................................................................................
(c) .........................................................................................................
(d).......................…………………………………….……………………………
3. Nature of transaction (tick the appropriate transaction and endorse):
Usufructuary interest
Sale
Gift
Tenancies (Partition, Abusa, Abunu, Abehyem etc.)
Assignment
Mortgage
Sowing tenure
Other (specify)
4. Full name and address of person whose consent is required:
(a) .........................................................................................................
(b) ........................................................................................................
(c) .........................................................................................................
(d) ................…………………………………………………………...........……
5. Full name and address of person who has given consent:
(a) .........................................................................................................
(b) .........................................................................................................
(c) ..........................................................................................................
(d) ..........................………………………………..………………………………
(Where consent is required, the consent shall be signified by the signature or mark of the person giving the consent)
6. Consideration given for the transfer:
(a) Money (state amount).....................................................................
(b) Any other customary performance (specify)……………………
7. Description of the land to which transfer relates (the land should be clearly described so that it can be readily
identified):
............................................................................................................................
............................................................................................................................
...........................................................................................................................
8. Duration of the interest given to the transferee (tick the appropriate term and endorse): Permanent
For a limited time (specify period) ..............................................................
9. Any other important matter relating to the transaction:
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

9. Date from which the transfer is to have effect:

.............................................................................................................................
The signature/mark of
..................................... (transferor) ....................................

....................................

......................................
The signature/mark of
..................................... (transferee)
......................................
......................................
The signature/mark of
..................................... (witness)
......................................
......................................
(Full name and address of witness including residential and postal address if any)
 OATH OF RECORDING OFFICER

After I had read and explained the contents of the above Record to the parties, they informed me that they have
understood it clearly and that it incorporated the essential features of the transaction. They signed/marked it in my
presence.

(Signed)......................................

Date......................................

CERTIFICATE

I,....................................................................................................., officer of the

Customary Land Secretariat for the.............................................. in
the...............................................................................Region of Ghana, hereby certify that the above record of a
transfer of an interest in land under customary law incorporates the essential features of the transaction sought to be
effected.

.......................................................................

Officer of the Customary Land Secretariat

Dated at...................................this................day of..........................., 20............

 Chapter Three
Transfer of Interests and Rights in Land
Section 32-79

Chapter Five

Transfers
Sections 154-156
154. Transfer
155.Conditional transfer
156.Entering of order declaring title or interest in land

General provisions on transfers

32. A holder of an interest or right in land may, by an instrument, transfer that interest or right
to any person with or without consideration.
Person qualified to prepare conveyance
33. A conveyance shall only be prepared by a legal practitioner in terms of the Legal Profession
Act, 1960 (Act 32).
Contract for transfer
34. A contract for the transfer of an interest in land is not enforceable if it is not
 (a) evidenced in writing, and
(b) signed by
(i) the person against whom the contract is to be proved; or
(ii) a person who was authorised to sign on behalf of that person; or
(c) exempt under section 36.
Mode of transfer
35. (1) A transfer of an interest in land other than a transfer specified in section 36, shall be in
writing and signed by
(a) the person making the transfer or by the agent of that person duly authorised
in writing; and
(b) the person to whom the transfer is made or the agent of that person duly
authorised in writing.
a. A transfer of an interest in land made in a manner other than that provided in this
section does not confer an interest on the person to whom the transfer was made.
Transactions exempt from sections 34 and 35
36. (1) Sections 34 and 35 do not apply to a transfer or contract for the transfer of an interest
in land which takes effect
(a) by operation of law;
(b) by operation of the rules of equity relating to the creation or operation of
resulting, implied or constructive trusts;
(c) by order of the court;
(d) by will or upon intestacy;
(e) by prescription;
(f) by a lease for a term not exceeding three years, whether or not the lessee is
given power to extend the term;
(g) by a licence or profit other than a concession required by an enactment to
be in writing; or
(h) by oral grant under customary law.
(2) Sections 34 and 35 are subject to the rules of equity including the rules relating to
unconscionability, fraud, duress and part performance.
Record of customary transfer
37. (1) An oral grant of an interest in land under customary law maybe recorded as specified
in the First Schedule, or as near to that Schedule as the circumstances permit.
(2) The record shall
(a) incorporate the essential features of the transaction sought to be effected;
(b) be signed by the person making the transfer or by the lawfully authorised
agent of that person for that purpose; and
(c) be certified by a Registrar of a Court or a Land Registrar having jurisdiction
within any part of the area to which the transaction relates.
(3) Where there is a Customary Land Secretariat that Secretariat shall record and
maintain a register of oral grants.
 (4) An adequate plan of the land to which the transfer relates, if available, or if such a
plan is subsequently prepared and attested to by the parties, shall be incorporated.
(5) The Customary Land Secretariat shall without delay and upon payment of a fee
prepare seven copies of the record referred to in subsection (2) and copies sent to the
Lands Commission, allodial owners and stool lands.
(6) The Customary Land Secretariat shall deliver to the person making the transfer and
the person to whom the transfer is made copies of the record certified by the Customary
Land Secretariat and the other copies shall be dealt with as may be provided in
Regulations made under this Act.
(7) Customary transactions recorded under this section are exempt from payment of
stamp duty.
Parties to a conveyance
38. (1) In every conveyance of an interest in land, the expressions used to denote the parties to
the conveyance shall be deemed to include their heirs, successors, personal representatives
and assigns, except insofar as a contrary intention is expressed in the conveyance or appears
by necessary implication.
(2) The persons expressed to be parties to a conveyance shall, until the contrary is
proved, be presumed to be of full age and capacity at the date of the conveyance.
(3) In a conveyance for valuable consideration of an interest in land to a spouse during
marriage, the spouses shall be deemed to be parties to the conveyance, unless a contrary
intention is expressed in the conveyance.
(4) Where contrary to subsection (3) a conveyance is made to only one spouse that
spouse shall be presumed to be holding the land or interest in land in trust for the
spouses, unless a contrary intention is expressed in the conveyance.
Subject-matter of conveyance
39. (1) Any word used in a conveyance indicating the intention of the person making the
transfer to create or dispose of an interest in land is sufficient for that purpose.
(2) A conveyance passes all interests and rights in the land which the person making
the conveyance has power to convey, unless a contrary intention is expressed in the
conveyance, or appears by necessary implication.
(3) A conveyance shall not be construed to convey any title or right which the person
making the transfer does not have the power to convey.
(4) A conveyance of a usufructuary interest shall state the interest conveyed as the
usufructuary interest and shall not (a) be expressed as a lease; and
(b) have a limited term or duration.
Interest taken by person to whom transfer is made
40. (1) A conveyance of an interest in land may operate to pass the possession or right of
possession, without actual entry, but subject to prior rights to the conveyance.
(2) A conveyance of an interest in land to a corporation sole by its corporate
designation without words of limitation passes to the corporation the whole interest
which the person making the transfer had power to convey, unless a contrary intention
appears in the conveyance.
 (3) A conveyance of an interest in land to two or more persons,except a conveyance in
trust, creates an interest in common and not in joint tenancy, unless it is expressed in
the conveyance that
(a) the persons to whom the conveyance is made take jointly, or as joint tenants;
or
(b) the conveyance is made to them and the survivor of them, or unless it
manifestly appears from the conveyance that it was intended to create an interest in
joint tenancy.
Person not party to a conveyance
41. A person who is not a party to a conveyance may take an interest in land, or the benefit of
a condition, right of entry, covenant or agreement which is the subject of the conveyance.
Effect of extinction of reversion
42. Where a reversionary interest in respect of a lease is
(a) transferred,
(b) surrendered, or
(c) merged,
the incidents and obligations affecting a lessee under the lease which is transferred, surrendered or
merged reversionary interest remain the same under the reversionary interest created by the
transfer, surrender or merger.
Voidable conveyance
43. (1) A conveyance of land or an interest in land which is made with intent to defraud is
voidable at the instance of a person who is prejudiced by the conveyance.
a. Subsection (1) does not apply to the law of insolvency, and does not extend to a
conveyance of an interest in land where the transferee took the interest in good faith
and for valuable consideration.
b. A disposition for no consideration of an interest in land made with intent to defraud
a subsequent purchaser is voidable at the instance of that purchaser, except that a
conveyance shall not be deemed to have been made with intent to defraud by reason
only that a subsequent conveyance for valuable consideration was made.
Unconscionability
44. The court may set aside or modify an agreement to convey or a conveyance of an interest
in land on the ground of unconscionability where it is satisfied after considering all the
circumstances, including
(a) the bargaining conduct of the parties,
(b) their relative bargaining positions,
(c) the value to each party of the agreement reached, and
(d) evidence as to the commercial setting, purpose and effect of their
agreement,
that the transaction is unconscionable.

Other grounds for varying or setting aside conveyance

 45. The court may set aside or modify an agreement to convey or a conveyance of an interest
in land on grounds which include
(a) mistake;
(b) fraud;
(c) illegality;
(d) duress;
(e) misrepresentation; and (f) undue influence.
Conveyance to persons jointly, or to person making transfer
46. (1) An interest in land may be conveyed by a person to be held jointly by that person with
another person in the same manner as it may be conveyed by that person to another person.
(2) A person may in one capacity convey an interest in land to be held in a different
capacity by that same person.
(3) Two or more persons may convey property vested in them to any one or more of
themselves in the same manner that they can convey that property to a third party.
(4) Despite subsections (1) to (3), the court may set aside a conveyance in order to
prevent the commission or continuance of a breach of a fiduciary duty.
Restrictions on transfer of land by spouse
47. In the absence of a written agreement to the contrary by the spouses in a marriage, a spouse
shall not, in respect of land, right or interest in land acquired for valuable consideration
during marriage,
(a) sell, exchange, transfer, mortgage or lease the land, right or interest in the
land,
(b) enter into a contract for the sale, exchange, transfer, mortgage or lease of
the land, right or interest in the land,
(c) give away the land, right or interest in the land inter vivos, or
(d) enter into any other transaction in relation to the land, right or interest in the
land
without the written consent of the other spouse, which consent shall not be unreasonably withheld.
Agreement with two or more persons
48. (1) An agreement with two or more persons jointly to pay money or to make a conveyance,
or to do any other act relating to land, to those persons, or for the benefit of those persons,
implies an obligation to do the act to or for the benefit of the survivor of those persons.
a. Subsection (1) applies only so far as a contrary intention is not expressed in the
agreement and has effect subject to the provisions contained in the agreement.
b. Any such agreement, whether express or implied, entered into by a person with one
or more other persons, shall be construed and be capable of being enforced in the
same manner as if it had been entered into with the other person or persons
separately.
Apportionment of conditions on severance
49. Where the reversionary interest in land comprised in a lease is severed, or where the term
granted by a lease is avoided or ceases in respect of part of the land comprised in the lease,
a condition contained in the lease shall be apportioned and shall continue to apply to
(a) each of the severed parts of the reversionary interest; or
 (b) the part of the land in respect of which the term has not ceased or been
avoided, in the same manner as if the land comprised in each severed part, or the
land as to which the term remains subsisting, had alone originally been comprised
in the lease.
Implied covenants by transferor
50. (1) In a conveyance for valuable consideration there are implied the covenants of right to
convey, quiet enjoyment, freedom from encumbrances and further assurance, in the terms
set out in Part I of the Second Schedule.
(2) In a conveyance by way of assignment or sublease of leasehold property for
valuable consideration there shall be implied the further covenants relating to validity
and past observance of the head lease, in the terms set out in Part II of the Second
Schedule.
(3) In a conveyance by way of sublease of leasehold property for valuable
consideration there shall be implied the further covenants relating to future observance
of the head lease and production of title deeds and delivery of copies, in the terms set
out in Part III of the Second Schedule.
(4) In a conveyance, there shall be implied a covenant by the person who conveys as
trustee or under an order of the court that that person has not encumbered the subject-
matter of the conveyance, in the terms set out in Part IV of the Second Schedule, which
covenant shall extend only to that person’s own act.
(5) The covenants referred to in subsections (1) to (4) are deemed to be made by the
person or by each person who conveys, as regards the subject-matter or a share of the
subject-matter expressed to be conveyed, with the person or each of the persons to
whom the conveyance is made, or, where the conveyance is made to joint tenants, to
the tenants jointly.
(6) Where a conveyance states that a person is conveying by the direction of another
person, then for the purposes of this section the person giving the direction is deemed
to be the person who is conveying the subject-matter and who is required to observe the
covenants implied in this section.
(7) Except as otherwise provided in subsections (9) to (22), a covenant implied under
this section may be varied or extended by the conveyance and the variation or extension,
shall operate in the same manner and with the same consequences as if it was implied
under this section.
(8) A variation or extension under subsection (7) which wholly removes the personal
liability of the person who bears responsibility under the covenant, is void.
(9) Where a lease in respect of bare land is granted by a person who holds an allodial
or usufructuary interest in the land and the lessee is an indigene of the area where the
land is situated, the lease is subject to
automatic renewal where the lessee has developed
(a) the land for residential purposes;
(b) a farm of perennial crops on the land; or
(c) a commercial or industrial property on the land, for the same duration as the original
lease when the lease expires.
 (10) A lessee under subsection (9) shall discharge the established customary
duties to the lessor.
(11) Unless otherwise expressly provided in the lease, where bare land is leased
to a citizen of Ghana who is not an indigene of the area where the land is situated, there
shall be an implied term in the lease that the lessee is entitled to a renewal of the lease.
(12) A lease of bare public land granted by the State to a citizen of Ghana is
subject to automatic renewal for a further term of not less than fifty years when the
lease expires and on terms agreed upon by the parties.
(13) Subsection (12) does not apply where
(a) the lease is in respect of a commercial property; or (b) the leased property is
required for re-development.
(14) The renewal in subsections (7), (9) and (11) are subject to the original terms
of the lease and any new terms agreed by the parties to the lease or their successors,
agents or assignees, taking into consideration any improvement of the land by the
lessee.
(15) Where the parties fail to agree on terms for the renewal of the lease, the
dispute may be resolved under the Alternative Dispute Resolution Act, 2010 (Act 798).
(16) If the parties fail to resolve the dispute under subsection (15), the parties
may settle the dispute in court.
(17) For the purpose of subsection (16), the court which has jurisdiction shall be
determined by the value of the land in dispute.
(18) Subject to subsection (6) of section 10, a lease for a fixed term granted by a
Ghanaian to a non-Ghanaian is not subject to renewal unless the lease expressly
provides otherwise.
(19) Where a non-Ghanaian exercises an option to renew a lease, the renewal is
subject to the terms specified in the original lease and any new terms agreed on with
the lessor.
(20) A conveyance of a usufructuary interest shall not specify any duration of
the interest, but the holder of the usufructuary interest is subject to the customs and
traditions of the area where the land is situated.
(21) A holder of a usufructuary interest under subsection (19) shall not alienate
any interest in the land, which is the subject of that interest, to a person who is not
entitled to that interest without the written consent of and adequate payment to the
allodial owner, which consent shall not be unreasonably withheld.
(22) A holder of an allodial title may
(a) in furtherance of the expansion of a town or settlement; and
(b) for the purpose of serving the communal interest of the beneficiaries of the
allodial interest,
take over bare land or farm land which is the subject of a usufructuary interest within the area
covered by the allodial title.
(23) The holder of an allodial title shall not take over land under subsection (22) without
 (a) prompt payment of fair and adequate compensation which in any case shall
not be less than forty percent of the plots of land or the market value of the plots of
land being taken over, or
(b) where possible, providing suitable alternative land to the holder of the
usufructuary interest in respect of the land.
Implied covenants by person to whom transfer is made
51. (1) In a conveyance by way of lease for valuable consideration there are implied the
covenants relating to payment of rent, repair to adjoining premises, alterations and
additions, injury to walls, assignment and subletting, illegal or immoral user, nuisance or
annoyance, and yielding up the premises, in the terms set out in Part V of the Second
Schedule.
(2) In a conveyance by way of sublease for valuable consideration, there shall be
implied the further covenants relating to future observance of the head lease and
permission to carry out repair under the head lease, in the terms set out in Part VI of the
Second Schedule.
(3) In a conveyance by way of assignment for valuable consideration of land comprised
in a lease, there are implied the covenants relating to payment of rent, future observance
of the head lease, and indemnity, in the terms set out in Part VII of the Second Schedule.
(4) Where rent is apportioned in respect of a land, with the consent of the lessor, the
covenants in subsection (3) are implied in the conveyance of that land in the same
manner as if the apportioned rent were the original rent reserved, and the lease related
solely to that land.
(5) The covenants referred to in subsections (1) to (4) are deemed to be made by each
person to whom transfer is made, as far as regards the subject-matter or share of the
subject-matter expressed to be conveyed to the transferee, with each transferor, if more
than one.
(6) A covenant implied under this section may be varied or extended by the conveyance
and after being varied or extended, shall operate as far as may be in the same manner
and with the same consequences as if the variations or extensions were implied under
this section.
Persons to take benefit of implied covenant
52. The benefit of a covenant implied under section 50 or 51 is attached to the interest of the
implied covenantee, and are capable of being enforced by a person in whom that interest
or a part of that interest is vested.
Benefit of covenants relating to land
53. (1) A covenant that relates to an interest in land of the covenantee is deemed to be made
with the covenantee and the successors in title of the covenantee and the persons deriving
title under the covenantee or the successors in title of the covenantee and are enforceable
by the covenantee and the persons deriving title under the covenantee or the successor in
title of the covenantee to the same extent as by the covenantee.
a. For the purpose of subsection (1), in connection with covenants restrictive of the
user of land, “successors in title” include the owners and occupiers of the land
which the covenant is intended to benefit.
 b. The benefit of a covenant relating to an interest in land may be made to run with
the land without the use of any technical expression if the covenant is of a nature
that enables the benefit to run with the land.
c. For the purposes of this section, a covenant runs with the land when the benefit or
burden of the covenant, whether at law or in equity, passes to the successors in title
of the covenantee or the covenantor, as the case may be.
Burden of covenants relating to land
54. (1) A covenant relating to an interest in land of a covenantor or land capable of being bound
by the covenantor is, unless a contrary intention is expressed, deemed to be made by the
covenantor on behalf of the covenantor or the successors in title of the covenantor and a
person deriving title from that covenantor, and is enforceable against the successors in title
and the person deriving title from the covenantor to the same extent as against the
covenantor.
(2) This section extends to a covenant to do some act in relation to land, although the
subject-matter may not be in existence when the covenant is made.
(3) For the purposes of this section, in connection with covenants restrictive of the user
of land, “successors in title” include the owners and occupiers of the land.
Benefit of covenants to run with reversion
55. (1) Rent reserved by a lease, and the benefit of a covenant or provision contained in the
lease which makes reference to the subject matter of the benefit of the covenant or the
provision, and which is required to be observed or performed on the part of the lessee, and
every condition of re-entry and other condition contained in the lease, shall be attached to
the reversionary interest in the land, or in any part of the land, immediately expectant on
the term granted by the lease, despite a severance of that reversionary interest.
(2) A rent, covenant, right of re-entry or provision contained in the covenant referred
to in subsection (1), may be recovered, received, enforced and taken advantage of by
the person entitled to, subject to the term, the income of the whole or any part, as the
case may require, of the land leased.
(3) A person who by conveyance or otherwise becomes entitled under subsection (1)
to rent, a covenant, right of re-entry or provision may recover or receive the rent,
enforce the covenant and the right or take advantage of the provision although that
person becomes entitled to the rent, covenant, right of re-entry or provision after the
condition of re-entry or forfeiture has become enforceable.
(4) Subsection (3) does not render enforceable a condition of re-entry or any other
condition waived or released before that person becomes entitled as provided in this
Act.
(5) This section has effect without prejudice to any liability affecting a covenantor or
the estate of the covenantor on the death of the covenantor.
Burden of covenants to run with reversion
56. (1) The obligation under a condition or of a covenant entered into by a lessor with reference
to the subject-matter of the lease
(a) shall, to the extent that the lessor has power to bind the reversionary interest
immediately expectant on the term granted by the lease, be attached to that
 reversionary interest, or a part of that reversionary interest, despite a severance of
that reversionary interest, and
(b) may be taken advantage of or enforced by the person in whom the term is
vested, and to the extent that the lessor has power to bind the person entitled to that
reversionary interest that obligation may be taken advantage of and enforced against
the person entitled.
a. Subsection (1) has effect without prejudice to any liability affecting a covenantor
or the estate of the covenantor on the death of the covenantor.
Restriction on re-entry and forfeiture
57. (1) A right of re-entry or forfeiture under a provision in a lease fora breach of a covenant,
condition or agreement in the lease is not enforceable by court action or any other lawful
means, unless
(a) the lessor has served on the lessee a notice
(i) specifying the particular breach complained of,
(ii) requiring the lessee to remedy the breach, if the breach is capable of
remedy, and
(iii) requiring the lessee to make reasonable compensation in money for
the breach, except where the breach consists of non-payment of rent;
(b) the lessee has knowledge of the fact that the notice has been served, and
(c) the lessee fails, within a reasonable time after the service of the notice under
paragraph (a), to remedy the breach, if it is capable of remedy, or to pay
compensation, to the satisfaction of the lessor, for the breach or in the case of
nonpayment of rent, to pay the rent and interest on the rent at the prevailing bank
rate.
(2) Where a notice is
(a) sent by registered mail addressed to a person at the last known address of
the person or by electronic mail where that is the normal mode of
communication between the parties, and
(b) posted on the land which is the subject of re-entry, then for the purposes of
subsection (1), that person shall be deemed, unless the contrary is proved, to
have had knowledge of the fact that the notice had been served as from the time
at which the mail would have been delivered in the ordinary course of post or
the notice was posted on the land or in the case of electronic mail at the date the
mail was sent.
(3) This section applies despite any provision to the contrary in the lease.
Relief against forfeiture
58. (1)Where a lessor is proceeding by action or otherwise to enforce a right of re-entry or
forfeiture under any provision in a lease, or for nonpayment of rent, the lessee of the
property and also a sublessee of the property comprised in the lease or any part of the lease
may, either in the lessor’s action or in an action brought by the lessee or sublessee for that
purpose, apply to court for relief.
 a. Subject to subsection (1), where a lessee applies to court for arelief, the court may
grant or refuse the relief having regard to the proceedings and conduct of the parties
and to other circumstances.
b. A relief granted under subsection (2) may be on the terms as tocosts, damages,
compensation, penalty or otherwise, including the granting of an injunction to
restrain a similar breach in the future, that the court in the circumstances of each
case thinks fit.
c. Where a sublessee applies to court for relief, the court may make an order vesting,
the whole term of the lease or a lesser term of the lease or a part of the lease in that
sublessee on conditions as to the execution of a deed or other document, payment
of rent, costs, damages, compensation, giving security or otherwise that the court
in the circumstances of each case thinks fit,
d. Despite subsection (4), the court shall not grant to the sublessee a term longer than
the term the sublessee had under the original sublease.
Covenant to repair
59. (1) Damages or compensation for a breach of a covenant or an agreement to keep or put
premises in a good state of repair during the currency of a lease, or to leave or put premises
in a good state of repair at the termination of a lease, whether the covenant or agreement is
express or implied, and whether general or specific, shall not exceed the amount by which
the value of the reversion, whether immediate or not, in the premises is diminished owing
to that breach.
(2) Damages or compensation shall not be recovered for a breach of a covenant or agreement
to leave or put premises in good state of repair at the termination of a lease, if it is shown that
(a) the premises, in whatever state of repair the premises might be, would at or
shortly after the termination of the tenancy be pulled down; or
(b) the structural alterations made in the premises would render valueless the
repairs covered by the covenant or agreement.
Waiver of covenant in a lease
60. Where a lessor or a person deriving title under the lessor waives the benefit of a covenant
or condition in a lease, the waiver shall extend only to a breach of the covenant or condition
to which the waiver specifically relates and shall not operate as a general waiver of the
benefit of that covenant or condition, unless a contrary intention appears.
Effect of licence granted to lessee
61. (1) A licence granted to a lessee shall, unless a contrary intention is expressed, extend only
(a) to a matter specifically authorised to be done or not to be done; or
(b) to the specific breach of a provision expressly referred to and shall not bar
any proceedings for a subsequent breach of the lease.
(2) Despite a licence granted to a lessee,
(a) the rights under the covenants and the power of re-entry contained in the
lease remain in force and are available as against a subsequent breach of a covenant,
condition or other matter not specifically authorised or waived, in the same manner
as if the licence had not been granted; and
 (b) the condition or right of entry remains in force as if the licence had not been
granted, except in respect of the particular matter authorised to be done.
No payment for consent to assign
62. (1) The payment of money for or in respect of a licence or consent to assign, sublet, part
with possession of, dispose of, mortgage, change of use and any other similar transaction
shall not be required.
(2) The prohibition imposed by subsection (1) shall not preclude the right to require
the payment of a reasonable sum in respect of administrative expenses incurred in
relation to the licence or consent.
(3) Despite a provision to the contrary in a conveyance, consent is not required for a
vesting assent pursuant to the grant of probate or letters of administration.
(4) The Minister shall in consultation with the Lands Commission and the
Administrator of Stool Lands make Regulations prescribing the moneys payable under
subsection (2).
Production and safe custody of document
63. (1) A person in possession or control of a document of title is note titled to retain the
document on conveying the whole interest in the subject-matter of the conveyance, but
shall deliver the document at the time of the conveyance to the transferee.
(2) Where a person lawfully retains possession or control of a document and gives to another
a written undertaking for production, delivery of copies or safe custody of the document, then for
the period of the possession or control of the document, that person and any other person having
possession or control are under an obligation, except for good cause shown,
(a) to produce the document
(i) at a reasonable time for inspection or comparison with abstracts or
copies by the person entitled to request production or by any other person
authorised in writing by the person entitled; or
(ii) in any proceeding of a court or Commission of Inquiry, or on an
occasion on which production may reasonably be required, for providing or
supporting the title or claim of the person entitled to request production of
the document or certified true copy of the document, or for any other
purpose relative to that title or claim;
(b) to deliver to the person entitled to access true copies of the document or
extracts from the documents, whether attested or unattested; and
(c) to keep the document safe, whole, uncancelled and undefaced.
(3) A written undertaking for production or delivery of copies shall be complied with
at the written request of the person to whom the undertaking is given, or of a person,
other than a lessee at a rent, who has or claims an interest or a right through or under
that person, or otherwise becoming through or under that person interested in or affected
by the terms of the document to which that undertaking relates.
(4) The costs and expenses of or incidental to the specific performance of an
undertaking given under subsection (2) for production or delivery of copies shall be
paid by the person requesting performance, except where the person requesting
performance, apart from the undertaking, would be entitled to possession of the
documents.
 (5) A written undertaking for the production or delivery of copies does not confer a
right to damages for loss or destruction of the document, or damage from whatever
cause to the document to which the undertaking relates.
(6) A person who claims to be entitled to the benefit of a written undertaking for
production or delivery of copies may apply to court for an order directing production
of the documents to which the undertaking relates, or delivery of copies or extract, to
that person or some other person on behalf of that person.
(7) For the purposes of subsection (6), the court may make an order
(a) to give directions respecting the time, place, terms and manner of
production or delivery of the document, and
(b) as to costs or any other matter connected with the application.
(8) A person who claims to be entitled to the benefit of a written undertaking for safe custody
of a document may apply to court to assess damages for any loss or destruction of the document,
and the court may
(a) direct an inquiry into the amount of damages, and order payment of the
damages by the person liable; and
(b) make an order as to costs or any other matter connected with the application.
(9) A person who gives a written undertaking for production,delivery of copies or safe
custody of a document shall satisfy any liability to give a covenant for production,
delivery of copies or extracts, or safe custody of the document.
(10) This section applies only so far as a contrary intention is not expressed in
the written undertaking.
(11) The rights conferred by an undertaking under this section are in addition to
any other rights regarding
1. the production or inspection, or
2. the obtaining of copies, of a document, that are not satisfied by the
giving of the undertaking and have effect subject to the terms of the
undertaking and to a provision in the document.
Good title
64. (1) Good title is derived from
(a) an enactment;
(b) a grant, vesting order or conveyance from the State;
(c) a final judgment of a court of competent jurisdiction; or
(d) a grant, acquisition under customary law, conveyance, assignment or
mortgage which is at least thirty years old and establishes that a person is entitled to
convey an interest in the land.
(2) Paragraph (c) of subsection (1) does not apply where there are conflicting
judgments of courts of coordinate jurisdiction in respect of the same subject matter.
(3) An intending assignee of a term of years may require the instruments creating the
term, however old.
(4) The intending purchaser of a reversion may require the instrument under which the
reversionary interest arises, however old.
 (5) A purchaser shall not be deemed to be or ever to have been affected with notice of
a matter or thing of which the purchaser might have had notice if the purchaser had
investigated the title or made inquiries in respect of matters prior to the period of
commencement of title ascertained unless the purchaser actually makes the
investigation or inquiries.
(6) Under a contract to grant or assign a term whether derived or to be derived out of
freehold or leasehold interest in land, the intended lessee or assignee is entitled to call
for the title to the freehold or for the lease.
(7) Under a contract to sell and assign a term derived out of A lease hold interest in
land, the intended assignee shall have the right to call for the title to the leasehold
reversion.
(8) Where a lease is made under a power contained in a will, an enactment or any other
instrument, a preliminary contract for or relating to the lease shall not, for the purpose
of the deduction of title to an intended assignee, form part of the title, or evidence of
the title, to the lease.
(9) This section applies to contracts for exchange in the same manner as to contracts
for sale.
(10) This section applies only so far as a contrary intention is not expressed in
the contract.
Other statutory conditions of sale
65. (1) A purchaser of an interest in land shall not
(a) require the production, or an abstract or a copy, of any deed, will or any
other document, dated or made before thirty years, for the commencement of the
title, or
(b) require information or make a requisition, an objection or inquiry, with
respect to that deed, will or document, or the title prior to that time, although the
deed, will or other document, or that prior title, is recited, agreed to be produced, or
noticed,
and the purchaser shall assume, unless the contrary appears, that the recitals contained in the
abstracted instruments, of any deed, will or any other document, forming part of that prior title,
are correct and give the material contents of the deed, will or other document so recited, and that
the document so recited was duly executed by the necessary parties.
(2) Subsection (1) does not deprive a purchaser of the right to require the production or an
abstract or copy of
(a) a power of attorney under which an abstracted document is executed;
(b) a document creating or disposing of an interest, power or an obligation
which is not shown to have ceased or expired, and subject to which a part of the
property is disposed of by an abstracted document; or
(c) a document creating a limitation or trust by reference to which a part of the
property is disposed of by an abstracted document.
(3) Where an interest in land which is sold is held by a lease which is not a sublease, the
purchaser shall assume, unless the contrary appears, (a) that the lease was duly granted, and
 (b) that the covenants and provisions of the lease have been duly performed and observed
up to the date of the actual completion of the purchase, on production of the receipt
for the last payment due for rent under the lease before the date of actual completion
of the purchase.
(4) Where an interest in land which is sold derives from a sublease, the purchaser shall
assume, unless the contrary appears,
(a) that the sublease and every superior lease were duly granted;
(b) that the covenants and provisions of the sublease have been duly performed
and observed up to the date of actual completion of the purchase, on production of
the receipt for the last payment due for rent under the sublease before the date of
actual completion of the purchase; and
(c) that the rent due under every superior lease, and the covenants and
provisions of every superior lease, have been paid and duly performed and observed
up to that date.
i. Recitals, statements, and descriptions of facts, matters and parties contained
in a deed, an instrument or a statutory declaration, twenty years old at the
date of the contract, are, except so far as they may be proved to be
inaccurate, sufficient evidence of the truth of those facts, matters and
descriptions.
ii. The inability of a vendor to give a purchaser a covenant or any other
undertaking to produce and deliver copies of a document of title shall not
be the basis of an objection to title if the purchaser will, on the completion
of the contract, have an equitable right to the production of the document.
iii. An undertaking and a covenant to produce and provide for safe custody of
a document that the purchaser can require or requires shall be given at the
expense of the purchaser, and the vendor shall bear the expense of perusal
and execution on behalf of and by the vendor, and on behalf of and by
necessary parties other than the purchaser.
iv. A vendor is entitled to retain a document of title where
1. the vendor retains a part of the land to which the documents relate;
or
2. the document consists of
(i) a trust instrument or other instrument creating a trust which is still
subsisting; or
(ii) an instrument relating to the appointment ordischarge of a trustee of
a subsisting trust.
v. This section applies
1. to a contract for exchange in the same manner as it applies to a
contract for sale, and
2. subject to a contrary intention expressed in the contract.
(10) This section shall not be construed as binding on a purchaser to complete the purchase
where, on a contract made independently of this section, and containing provisions similar to the
provisions of this section, or any of them, specific performance of the contract will not be enforced
against the purchaser by a court.
Supplemental instrument
66. (1) An instrument expressed to be supplemental to a previous instrument shall be read and
have effect, as far as may be, as if it contained a full recital of the previous instrument.
(2) Subsection (1) does not give a right to an abstract or production of the previous
instrument, and a purchaser may accept the same evidence that the previous instrument does not
affect the title as if it had merely been mentioned in the supplemental instrument.
Giving of notice
67. Unless otherwise provided in a conveyance, a notice required to be given under the
conveyance shall be in writing and
(a) a notice to the transferee is sufficiently served if
(i) left addressed to the transferee on the premises conveyed;
(ii) sent to the transferee by registered post;
(iii) left at the last known address of the transferee in the country;
(iv) sent by secure electronic communication where thatis the mode of
communication between the transferee and transferor; or
(v) in the case of a company sent to its registered office in the country,
and
(b) a notice to the transferor is sufficiently served if
(i) delivered to the transferor personally;
(ii) sent to the transferor by registered post;
(iii) left at the last known address of the transferor in the country;
(iv) sent by secure electronic communication where that is the mode of
communication between the transferee and transferor; or
(v) in the case of a company sent to its registered office in the country.
Execution of conveyance
68. (1) A conveyance shall be executed by the grantor and the grantee and the signature or
mark of each of them shall be attested to by at least one witness.
(2) Subsection (1) does not apply to a vesting assent.
(3) Where an individual executes a conveyance, that individual shall sign or place the
mark of that individual on the conveyance and sealing shall not be necessary.
(4) Where a company to which the Companies Act, 2019 (Act 992) applies executes a
conveyance, that conveyance shall be executed in accordance with Act 992.
(5) A conveyance in favour of a purchaser, is duly executed by a corporation aggregate,
other than a company referred to in subsection (4), if the seal of the corporation is
affixed to the conveyance in the presence of and attested to by a secretary or the deputy
of the secretary or any other principal officer, and a member of the board of directors
or other governing body of the corporation or otherwise in accordance with the terms
of the conveyance or enactment establishing or regulating that corporation. (6) The
transferee under a conveyance is entitled to have that conveyance delivered to the
transferee by the transferor as soon as practicable after execution of the conveyance by
the transferor and the persons whose consent or concurrence is required.
(7) A conveyance is executed by an individual who cannot read and understand the language
of the conveyance or write if
 (a) the conveyance is marked by that individual with the mark or thumb-print
of the individual at the foot of the conveyance, and the mark or thumb-print of that
individual is attested to by a witness who has clearly written the name and address
of that witness on the instrument and endorsed on the conveyance a statement to the
effect that the conveyance was clearly and correctly read over and explained to that
individual in the language spoken by that individual and that the individual appears
to have understood and approved of the contents of the conveyance; and
(b) in the case of an individual who is unable to make a mark, the conveyance
is signed by some other person whom that individual has authorised in that behalf,
and who endorses on the conveyance a signed notice to that effect.
(8) A conveyance is deemed to have been executed by a body of persons not required by
law to have a common seal, if the conveyance
(a) is signed by the persons who are authorised by a relevant enactment to sign
the conveyance; or
(b) is signed, in the absence of an express provision in an enactment, by the
persons duly appointed in writing by that body of persons, evidence of which
appointment shall be produced when required; and
(c) has attached to it a plan endorsed at the back by both the grantor and grantee.
(9) A conveyance is deemed to have been executed by a stool, skin, clan or family if
the instrument is executed by all the individuals whose consent is by customary law a
necessary condition for the conveyance to bind the stool, skin, clan or family.
(10) A conveyance is deemed to have been executed under a power of attorney
if the conveyance is executed by the donee of the power either in the name of the donee
or in the name of the donor of the power.
(11) A conveyance is deemed to have been executed by an infant ora person
lacking capacity to contract, if the conveyance is executed by the person duly appointed
in accordance with law to represent that infant or that person who lacks capacity to
contract.
Receipt in conveyance and customary obligations
69. (1) A receipt for money, securities or any other consideration in the body of a conveyance
is a sufficient discharge from the consideration, money or securities to the person paying
or delivering them, without a further receipt for them being endorsed on the conveyance.
(2) A receipt for money, securities or any other consideration in the body of a
conveyance or endorsed on the conveyance is sufficient evidence in favour of a
subsequent purchaser, who does not have notice that the money or other consideration
acknowledged to have been received was not in fact paid or given, wholly or in part.
(3) In a conveyance of stool, skin, clan or family land, payment made for customary
obligations shall be stated and the statement is sufficient evidence of the performance
of customary obligation.
Rules for conveyance
70. (1) A conveyance may be described, at its commencement or otherwise, as a conveyance,
an assignment, a lease, a sublease, a trust instrument, an appointment or otherwise,
according to the nature of the transaction intended to be effected.
 (2) A conveyance shall be expressed in clear terms and in plain language, and in
particular the words “lease”, “conveys to”, “interest”, “land”, “all” and “at” may be
used in preference to the words “demise”, “grants and conveys unto”, “estate”, “piece
or parcel of land”, “all and singular” and “situate lying and being at” respectively.
(3) In a conveyance, so far as practicable,
(a) months shall be written in words without abbreviation and years shall be
written in figures;
(b) the names of the parties to the conveyance shall be written in full without
abbreviation followed by the full residential and postal address of the parties or, in
the case of a body corporate, the registered office or principal place of business of
the body corporate;
(c) where any other registered conveyance is recited, its registration number
shall be stated; and
(d) sums of money shall be written fully in words without abbreviation,
followed by the same amount expressed in figures within brackets.
(4) A conveyance shall, unless otherwise provided in this Act, be made on durable
material.
(5) Failure to observe a provision of this section does not invalidate a conveyance or
provision of a conveyance.
(6) Where a date or sum of money is expressed both in words and in figures, and there
is discrepancy between the words and the figures, the words shall prevail over the
figures unless a contrary intention appears in the conveyance.
Model precedent
71. An instrument in the form of the model precedent contained in Part VIII of the Second
Schedule, or in similar form or using expressions to a similar effect, is sufficient, in regard
to form and expression.
Damages and penalty for fraudulent concealment
72. (1) A person disposing of property or an interest in property for valuable consideration to
a purchaser, or an agent of that person, who with intent to defraud conceals from the
purchaser an instrument, or encumbrance material to the property or interest, or falsifies a
plan of the land in relation to that property or the instrument, is liable to an action for
damages by the purchaser or a person deriving title under the purchaser for a loss sustained
by reason of the concealment or falsification of the instrument or the encumbrance.
(2) In estimating damages, where the property or an interest in the property is recovered
from the purchaser or persons deriving title under the purchaser, the court shall take
into account any expenditure made by the purchaser or those persons deriving title in
the improvement of the land.
(3) Without prejudice to subsections (1) and (2), a public officer or an agent of that
public officer disposing of property or an interest in property for valuable consideration
to a purchaser, who with intent to defraud conceals from the purchaser an instrument
or an encumbrance material to the title, or falsifies that instrument, commits an offence
and is liable on summary conviction to a fine of not less than five thousand penalty
 units and not more than ten thousand penalty units or to a term of imprisonment of not
less than five years and not more than ten years or to both.
(4) A professional who knowingly assists a person disposing of property or an interest
in property for valuable consideration to a purchaser, or an agent of that person, who
with intent to defraud conceals from the purchaser an instrument, or encumbrance
material to the property or interest, or falsifies the instrument, is liable to an action for
damages by the purchaser or a person deriving title under the purchaser for a loss
sustained by reason of the concealment or falsification of the instrument or the
encumbrance.
Electronic Conveyancing
Transfer by electronic conveyancing
73. (1) Where in this Act, a transfer of land or an interest in land is required to be made by a
conveyance, that transfer is lawfully made if the transfer is by an electronic conveyance.
(2) Except as otherwise provided in this Act and subject to modifications that are necessary,
the provisions on conveyancing in this Act apply to an electronic conveyance.
Structures for electronic conveyancing
74. For the purpose of facilitating electronic conveyancing, the Lands Commission shall as far
as is practicable
(a) establish a land information system equipped with the requisite information
technology infrastructure;
(b) train and equip staff with the appropriate knowledge and skills to manage
the land information system; and
(c) provide education generally on the land information system and particularly
on electronic conveyancing for staff of the Lands Commission, professionals who
provide services in relation to land and the general public.
Qualification for electronic conveyancing
75. An electronic conveyance shall only be made by a qualified legal practitioner who has been
granted access to the information system by the Lands Commission.
Conditions for access to electronic conveyancing
76. A legal practitioner may be granted access to provide electronic conveyancing service if
the Lands Commission is satisfied that the applicant has the facilities and equipment
required to provide the service.
Non-transferability of access
77. Access granted under section 76 is not transferable and is subject to conditions that the
Lands Commission determines are necessary.
Mandatory contents of an electronic conveyance
78. An electronic conveyance made under this Act shall, without limiting any requirement for
a conveyance under this Act
(a) make provision for the time and date on which that conveyance takes effect;
(b) the electronic signature of each person who authenticates the conveyance;
and
 (c) have each electronic signature on the conveyance certified in accordance
with the Electronic Transactions Act, 2008 (Act 772).
Additional requirements
79. The Commission may, by Regulations made under this Act, prescribe additional
requirements for electronic conveyancing.

Transfers
Transfer
154 (1) A proprietor may, by an instrument as specified in Form 19 of the Third Schedule,
transfer with or without consideration the land or interest in land of the proprietor to a
person.
(2) The transfer shall be effected by the registration of the transferee as proprietor of
the land or the interest in the land specified in the instrument and the instrument shall
be filed.
(3) A transfer of a part of a parcel of land shall not be made unless the parcel has first
been subdivided as provided for in section 116 and the subdivision is in conformity
with planning regulations.
155. Conditional transfer
1. A transfer of land or an interest in land within a title registration district which is to take
effect on the occurrence of an event or the fulfilment of a condition or at any time in the future is
not registrable under this Act.
Entering of order declaring title or interest in land
156.(1) Where an order of a court of competent jurisdiction declares a person to be a holder
of title in land or interest in land, the Land Registrar shall, when served with a certified
true copy of that order, enter a memorandum of the order in the land register.
(2) A beneficiary of a court order under subsection (1) may apply to the Land Registrar
to be registered as the proprietor of the parcel or the interest in land which is the subject
of the order.
(3) Where the court order is in respect of unregistered land, an applicant for registration
under subsection (2) shall submit to the Land Registrar the plan accepted by the court
as covering the land in respect of which the order was made.
(4) The plan shall be endorsed by the Registrar of the Court that gave the order to
establish the exact identity of the land sought to be registered.
(5) The Land Registrar shall not register the applicant as the proprietor of the land or
interest in land unless the Land Registrar is satisfied that the plan submitted under
subsection (3) is the same as the plan of the land to which the order relates.
(6) Where the order of a court of competent jurisdiction directs the Land Registrar to
register a person as the proprietor of a parcel or a holder of an interest in land, the Land
Registrar shall nevertheless comply with the procedure for the registration of land or
an interest in land under this Act.