Land Sale and Mortgage Agreement Template
Land Sale and Mortgage Agreement Template
Completion Date
Completion of the sale and purchase and the payment
CONTRACT FOR THE SALE OF LAND
of the balance of the Purchase Price shall take place on
Commencement - CDP the ……… day of …… (month, year) (hereinafter
1. Offer & Acceptance, Description and Price called “the Completion Date”) at the office of the
2. Deposits Vendor’s solicitors or where they may direct.
3. Completion Day
4. Capacity of Vendor 4. Capacity of Vendor
5. Vacant Possession The Vendor sells the Property as beneficial owner.
6. Nature of title being offered [Trustee or personal representative of (for these add the
7. Encumbrance, Requisitions & Covenants statement “… and no covenants for title will be given
8. Easements, Charges & Notices by the vendor save for that which is implied by law by
9. Inspections & Entire Agreement clause their selling of the property as trustees”)]
10. Non-Assignment
11. Non-Merger 5. Vacant Possession
12. Sale of Associated Movable Property The Property shall be sold with vacant possession [or
[Additional] subject to an existing tenancy] on completion of the
Testimonium sale and purchase.
Schedules
6. Nature of title being offered
Attestation
Title to the Property shall commence with [description
CONTRACT FOR SALE of the document forming the root of title] dated the……
day of …… (month, year) a copy of which shall be
Commencement - CDP supplied with the abstract of the Vendor’s title after the
THIS AGREEMENT is made the ……… day of …… completion of this agreement.
(month, year) BETWEEN …….. of ………
7. Encumbrance, Requisitions & Covenants
(hereinafter called “the Vendor”) of the one part AND
(1) The Property is sold subject to [and with the
…….. of ……… (hereinafter called “the Purchaser”) of
benefit of] [list encumbrances affecting the Property
the other part.
and if they are contained in a document, make it a
IT IS AGREED as follows: schedule]
(2) The Purchaser or the Purchaser’s solicitors having
1. Offer & acceptance, Description and Price of been supplied with copies of the …….. (encumbrances)
property
prior to the date of this agreement, shall not raise any
The Vendor shall sell and the Purchaser shall purchase
requisition or make any objection in relation to them
the land situated at ….. (hereinafter called “the
after the execution of this contract.
Property”) and described in the first schedule hereto at
(3) The conveyance of the Property shall contain a
the price of ………
covenant by the Purchaser that the Purchaser will
(hereinafter called “the Purchase Price”)
observe and perform the covenants and conditions
Notes: Write price in both words (and figures)
[contained or referred to in the documents] and will
2. Deposits indemnify the Vendor and his successors in title against
The Purchaser shall pay a deposit of …. percent (… %) all liability which may be incurred by any future breach
of the Purchase Price to the Vendor’s solicitor to hold of those covenants by the purchaser or his successors in
as agents for the Vendor by cash or banker’s draft on or title.
before the date of execution of this agreement.
8. Easements, Charges & Notices
Testimonium
3. Vesting Assent
By a vesting assent dated the…….day of……..(month,
year) (hereinafter called “the vesting assent”) the
Property was vested in the herein named Settlors.
TRUST INSTRUMENT
4. Operative Words
Commencement - CDP The Settlors have agreed to convey the Property to the
1. Recitals (Root of Settlors’ title) Trustees on trust for sale with power to postpone sale
2. Probate for the benefit of the Settlors and the trustees have
3. Vesting Assent agreed to so act.
4. Operative Words
5. Consideration for Acceptance & Appointment 5. Consideration for Acceptance & Appointment
6. Covenant of Non-Interference In consideration of the acceptance by the Trustees to act
7. Trustee’s Covenant to Account as Trustees for sale of the property for the benefit of the
Testimonium Settlors, the Settlors as beneficial co-owners of the
Schedules property hereby constitute and appoint the Trustees as
Attestation Trustees for sale of the property with effect from the
…………day of …………..(month and year). [or date
TRUST INSTRUMENT of the commencement of this instrument]
REGISTRAR OF LANDS
Attestation
SIGNED by the ……………………
Settlors herein
In the presence of:. …………………
WITNESS;
Name :
Address :
Signature:
SIGNED by the
Trustees herein in
The presence of
WITNESS;
Name :
Address :
Signature:
OATH OF PROOF
Address: ] ……………………….
Signature: ] ……………………….
SIGNED by the ]
Purchaser herein, ] ……………………….
In the presence of: ]
Name: ] ……………………….
Address: ] ……………………….
Signature: ] ……………………….
OATH OF PROOF
REGISTRAR OF LANDS
CERTIFICATE OF PROOF
REGISTRAR OF LANDS
10 | D R A F T S b y U n c l e R O L L O
REGISTRAR OF LANDS and registered as number ……………. At the Deed
Registry of the Lands Commission, Accra and dated the
……. Day of …….. (month,year), the property
CERTIFICATE OF PROOF described in the schedule hereto (hereinafter called “the
Property”) was leased to the Sublessor herein for a term
On the ……… day of ……..(month, year),
of ………..years,
at……..o’clock in the……..noon, this document was
proved before me by the oath of the within 2. Purpose
named………………………..to have been duly The Sublessee requires the property for residential
execute by the within named………………………... purposes
4. Introductory Recital
SUB-LEASE AGREEMENT The Sublessor has agreed to Sublet the property to the
Sublessee for a term of……... years subject to the rent
Commencement - CDP reserved and the covenants, conditions and stipulations
1. Headlease (Recital) hereafter stated with effect from the ... day of........
2. Purpose (month, year)
3. Consent of the Headlease
4. Introductory Recital THIS DEED WITNESSES AS FOLLOWS;
5. Operative Clause
6. Sublessee’s Covenant 5. Operative Clause
7. Sublessor’s Covenant In consideration of the rent hereby reserved and the
8. Provisos covenants, conditions and stipulations herein contained
9. Notice clause the Sublessor as beneficial owner hereby SUBLEASES
Testimonium TO the Sublessee the property for a term of…….. years
Schedules commencing from the... day of... …..(month, year)
Attestation [PAYING THEREFOR the monthly rent of……….
(Amount) subject to review every…….. years payable
SUB-LEASE AGREEMENT by……..(mode of payment) to the Sublessor by the
Sublessee]
Commencement - CDP
THIS SUBLEASE is made the ……… day of …… 6. Sublessee’s Covenant
(month, year) BETWEEN …….. of ……… in THE SUBLESSEE COVENANTS WITH THE
the…….Region of the Republic of Ghana (hereinafter SUBLESSOR AS FOLLOWS;
called “the Sublessor”) of the one part AND …….. of
……… in the…….Region of the Republic of Ghana i. To pay the rent reserved in the manner agreed
(hereinafter called “the Sublessee”) of the other part. ii. To use the property for residential purposes only
iii. Not to assign, sublet or part with possession of any
1. Headlease (Recital) part of the property without the consent of the
By a lease made the …..day of ……….(month, year) Sublessor
between the ………………. Stool acting by its chief iv. At the expiration or sooner determination of the
……………..(name of chief) of the one part and the term granted to yield up in a peaceful manner the
sublessor herein as the Lessee therein of the other part
11 | D R A F T S b y U n c l e R O L L O
property together with all the Sublessee's fixtures not) or the Sublessee breaches his covenants or
for which the Sublessor shall pay reasonable challenges the title of the Sublessor in the property,
compensation to be agreed by the parties in a then aside any remedy the Sublessor may have, the
tenantable manner Sublessor can re-enter the property and the Sublease
v. To maintain the property and keep it in good and shall determine.
tenantable repair, fair wear and tear excepted ii. If the property is destroyed by any means or
vi. Not to use the property for any immoral or illegal becomes unfit for the purpose of the Sublease then
activities there shall be an abatement or suspension of the rent
vii. To insure the property to its full value with a as appropriate until the property is restored or
reputable insurance company to be determined by otherwise made fit for purpose
mutual agreement between the parties against iii. The Sublessee shall have the option to renew the
damage or loss by fire, flood or storm Sublease for a further term of……... Years provided
viii. To generally observe and perform all the implied he has given the Sublessor at least six (6) months’
covenants set out in section 23(1) of the notice in writing prior to the expiration of the
Conveyancing Act 1973 as if same were set out in current term of his intention to do so subjects to
extenso herein new terms to be agreed upon by the parties
ix. To pay all rates, taxes and other outgoings payable
by the occupier of the property 9. Notice clause
x. Not to make any structural alteration to the premises Any notice required to be served shall be deemed to be
without prior written consent of the Sublessor served on the Sublessor at the above-stated address and
xi. Not to do any act or thing in the premises which on the Sublessee at the property
might constitute a nuisance or annoyance to
occupiers of adjoining and neighbouring premises Testimonium
xii. To install and maintain adequate security and safety AS WITNESS the hands and names of the parties
equipment on the premises hereto on the day and year first above written.
12 | D R A F T S b y U n c l e R O L L O
Address: ] ………………………. 4. Landlord’s Covenant
5. Provisos
Signature: ] ………………………. 6. Notice clause
Testimonium
Schedules
SIGNED by the ]
Attestation
Sublessee herein, ] ……………………….
In the presence of: ]
Name: ] ……………………….
TENANCY AGREEMENT
Address: ] ……………………….
Commencement - CDP
Signature: ] ………………………. THIS TENANCY AGREEMENT is made the ………
day of …… (month, year) BETWEEN …….. of
……… in the…….Region of the Republic of Ghana
(hereinafter called “the Landlord”) of the one part
OATH OF PROOF AND …….. of ……… in the…….Region of the
I,………………….of …………..(town) make oath and Republic of Ghana (hereinafter called “the Tenant”) of
say that on the ……… day of ……..(month, year), I the other part.
was present and saw………………..duly execute the
instrument now produced to me and marked ‘A’ and 1. Operative Clause
that he can read and write. The Landlord as beneficial owner LETS TO the Tenant
the property situate at……... in the ………. Region of
SWORN at………….this ] ………………. the Republic of Ghana (hereinafter called ‘the
….day of……(month, year) ] Deponent property’) and particularly described in the schedule
BEFORE ME below from year to year with effect from the ….. day of
…….(month, year) (commencement date) subject to the
REGISTRAR OF LANDS rent reserved and the covenants, conditions and
stipulations herein contained
13 | D R A F T S b y U n c l e R O L L O
the property together with all the Tenant's THE PARTIES HEREBY AGREE that:
fixtures for which the Landlord shall pay
reasonable compensation to be agreed by the i. If the rent hereby reserved is not paid for .......
parties in a tenantable manner months after becoming due (whether demanded or
v. To maintain the property and keep it in good not) or the Tenant breaches his covenants or
and tenantable repair, fair wear and tear challenges the title of the Landlord in the property,
excepted then aside any remedy the Landlord may have, the
vi. Not to use the property for any immoral or Landlord can re-enter the property and the lease
illegal activities shall determine.
vii. To insure the property to its full value with a ii. If the property is destroyed by any means or
reputable insurance company to be determined becomes unfit for the purpose of the lease then there
by mutual agreement between the parties against shall be an abatement or suspension of the rent as
damage or loss by fire, flood or storm appropriate until the property is restored or
viii. To pay all rates, taxes and other outgoings otherwise made fit for purpose
payable by the occupier of the property iii. The Tenant shall have the option to renew the lease
ix. Not to make any structural alteration to the for a further term of……... Years provided he has
premises without prior written consent of the given the Landlord at least six (6) months’ notice in
Landlord writing prior to the expiration of the current term of
x. Not to do any act or thing in the premises which his intention to do so subjects to new terms to be
might constitute a nuisance or annoyance to agreed upon by the parties
occupiers of adjoining and neighbouring iv. Either party may terminate the tenancy agreement
premises by giving six(6) months’ notice to that effect
xi. To install and maintain adequate security and
6. Notice clause
safety equipment on the premises
Any notice required to be served shall be deemed to be
xii. To generally observe and perform all the
served on the Landlord at the above-stated address and
implied covenants set out in section 23(1) of the
on the Tenant at the property
Conveyancing Act 1973 as if same were set out
in extenso herein
Testimonium
4. Landlord’s Covenant AS WITNESS the hands and names of the parties
hereto on the day and year first above written.
THE LANDLORD COVENANTS WITH THE
TENANT AS FOLLOWS;
Schedules
i. To pay all rates and taxes on the property FIRST SCHEDULE
covenanted to be paid by the Landlord herein Description of the Property
ii. The Tenant performing all his covenants shall have ALL THAT piece and parcel of land numbered……….
peaceful and quiet enjoyment of the property together with the building thereon covering an
without any lawful disturbance from the Landlord approximate area of ………acre situate, lying and being
or any persons claiming through him at ………..in the…….Region of the Republic of Ghana
iii. To generally observe and perform all the implied (hereinafter called “the Property”) and
covenants in section 22(1) of the Conveyancing Act measuring……….Feet more or less by……….Feet
1973 to be observed by the Landlord as if same more or less which said piece or parcel of land is more
were set out in extenso herein particularly delineated on the plan attached hereto and
thereon and shown edged pink.
5. Provisos
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Attestation 1. Headlease (Recital)
SIGNED by the ] By a lease (hereinafter called “the Lease”) made the
Landlord herein, ] ………………………. …..day of ……….(month, year) between the
In the presence of: ] ………………. Stool acting by its chief ……………..
Name: ] ………………………. (name of chief) of the one part and the assignor herein
as the Lessee therein of the other part and registered as
Address: ] ………………………. number ……………. At the Deed Registry of the
Lands Commission, Accra and dated the ……. Day of
Signature: ] ………………………. …….. (month, year), the property described in the
schedule hereto (hereinafter called “the Property”) was
leased to the assignor herein for a term of ………..years
SIGNED by the ]
subject to the rent reserved and the covenants,
Tenant herein, ] ……………………….
conditions and stipulations therein stated.
In the presence of: ]
Name: ] ………………………. 2. Consent of Lessor
Address: ] ………………………. The Assignor has obtained the written consent of the
Lessor for the grant of this assignment.
Signature: ] ……………………….
3. Introductory Recital
The Assignor has agreed with the Assignee to assign to
him the property for the whole of the unexpired term
[or residue] in consideration of the sum of ……...
(amount) with effect from the …….day of …….
(month, years) subject to the rent reserved and the
ASSIGNMENT
covenants, conditions and stipulations contained in the
Commencement – CDP lease which run with the land.
1. Headlease (Recital)
2. Consent of the Lessor 4. CRC & Operative Words of Assignment
3. Introductory Recital In consideration of the sum of ..….... (Amount) paid by
4. CRC & Operative Words of Assignment the Assignee to the Assignor (receipt of which is
5. Assignee’s Covenant acknowledged by the Assignor) the Assignor as
6. Assignor’s Covenant beneficial owner hereby ASSIGNS TO the Assignee
Testimonium the whole of the unexpired term [or residue] of the lease
Schedules of the property subject to the rent reserved and the
Attestation covenants, conditions and stipulations contained in the
lease with effect from the …….day of …….(month,
ASSIGNMENT AGREEMENT
years) (Commencement Date).
Commencement - CDP
5. Assignee’s Covenant
THIS ASSGNMENT is made the ……… day of ……
THE ASSIGNEE COVENANTS WITH THE
(month, year) BETWEEN …….. of ……… in
SUBLESSOR AS FOLLOWS;
the…….Region of the Republic of Ghana (hereinafter
called “the Assignor”) of the one part AND …….. of i. To pay the rent reserved and henceforth to observe
……… in the…….Region of the Republic of Ghana and perform all the covenants, conditions and
(hereinafter called “the Assignee”) of the other part. stipulations in the lease which are capable of
assignment.
15 | D R A F T S b y U n c l e R O L L O
SIGNED by the ]
ii. To indemnify the Assignor fully against all liability Assignee herein, ] ……………………….
which may be incurred by any future breach of In the presence of: ]
those covenants by the Assignee Name: ] ……………………….
i. That all the rent reserved under the Lease had been
paid and the covenants, conditions and stipulations
in the lease had been performed or observed up to
the date of the assignment.
Testimonium
AS WITNESS the hands and names of the parties
hereto on the day and year first above written.
Schedules
FIRST SCHEDULE
Description of the Property
ALL THAT piece and parcel of land numbered……….
together with the building thereon covering an
approximate area of ………acre situate, lying and being
at ………..in the…….Region of the Republic of Ghana
(hereinafter called “the Property”) and
measuring……….Feet more or less by……….Feet
more or less which said piece or parcel of land is more
particularly delineated on the plan attached hereto and
thereon and shown edged pink.
Attestation
SIGNED by the ]
Assignor herein, ] ……………………….
In the presence of: ]
Name: ] ……………………….
Address: ] ……………………….
Signature: ] ……………………….
16 | D R A F T S b y U n c l e R O L L O
AND I HEREBY AGREE TO:
a. To ratify and confirm all that my Attorney shall
do or purport to do or cause to be done in
pursuance of this authority.
b. To indemnify my Attorney in respect of all
POWER OF ATTORNEY expenses and liabilities he should incur in the
lawful and reasonable execution of the power
Commencement - CDP
1. Appointment & Purposes conferred herein.
2. Ratification & Indemnity Clauses
3. Interpretation & Duration
Testimonium 3. Interpretation & Duration
Attestation I DECLARE THAT:
a. This Power of Attorney shall in all respects, be
Commencement - CDP
THIS POWER OF ATTORNEY is made this ……. day interpreted in accordance with the laws of the
Region of the Republic of Ghana (herein referred to as b. This Power of Attorney shall remain in force
the “Attorney”) as my true and lawful attorney in my the day and year first above written.
17 | D R A F T S b y U n c l e R O L L O
7. That …………
Testimonium
BEFORE ME
3. That …………
5. That …………
6. That …………
18 | D R A F T S b y U n c l e R O L L O
The Testator died on the ……… day of ……… (month,
year) and the Executors successfully proved the Will on
the ……… day of ……… (month, year) at the High
Court ….... (location).
4. Operative Words
The Executors hereby ASSENT TO the Vesting in the
VESTING ASSENT
Beneficiary of ALL the property for all the interest of
the Testator at the time of his death.
Commencement - CDP
1. Testator’s Title & Description of property
5. No Previous Vesting
2. Appointment of Executors and Devise
The Executors hereby declare that they have not
3. Probate
4. Operative Words previously assented to the vesting of the property in nor
5. No Previous Vesting conveyed same to any person.
6. Production of Copies of Probate
Testimonium 6. Production of Copies of Probate
Schedules The Executors hereby acknowledge the right of the
Attestation Beneficiary to the production of the probate of the Will
and to delivery of copies thereof
Commencement - CDP
VESTING ASSENT Testimonium
BY……………..AND……………. AS WITNESS the hands and names of the parties
hereto on the day and year first above written.
THIS ASSENT is made the ……… day of ………
(month, year) by ………… of ………. And ………… Schedules
of ………. (hereinafter called ‘the Executors’) FIRST SCHEDULE
(Description of the Property)
1. Testator’s Title & Description of property ALL THAT piece and parcel of land numbered……….
…………. (Late) of ……………. in the ……….. together with the building thereon covering an
Region of the Republic of Ghana (hereinafter called the approximate area of ………acre situate, lying and being
Testator) was the owner of the building situate at……... at ………..in the…….Region of the Republic of Ghana
in the ………. Region of the Republic of Ghana (hereinafter called “the Property”) and
(hereinafter called ‘the Property’) and particularly measuring……….Feet more or less by……….Feet
described in the schedule below. more or less which said piece or parcel of land is more
particularly delineated on the plan attached hereto and
2. Appointment of Executors and Devise thereon and shown edged pink.
The testator made a will (hereinafter called “the Will’)
dated the….. day of…... (month, year) in which he Attestation
appointed ……..... and ………… as executors SIGNED by the ] ……………………….
(hereinafter called ‘the Executors’) and devised the
property to his son ………..... of ……..... (hereinafter Executors herein, ] ……………………….
called ‘the Beneficiary’) absolutely.
In the presence of: ]
3. Probate Name: ] ……………………….
Address: ] ……………………….
19 | D R A F T S b y U n c l e R O L L O
Signature: ] ……………………….
Occupation: ] ……………………….
OATH OF PROOF
REGISTRAR OF LANDS
CERTIFICATE OF PROOF
REGISTRAR OF LANDS
20 | D R A F T S b y U n c l e R O L L O
5. Movable Property/Legacy
I give all my household chattels to all my children.
Each child should have an equal share in the chattels.
6. Creation of Trust
I direct my executors and trustees to create a trust fund
(hereinafter called the Fund) into which they shall pay
WILLS
the following:
Commencement - CDP
1. Revocation Clause a) Dividends on my forty-five percent (45%) shares in
2. Appointment of Executors ABC Company Limited
3. Payment of Debts & Expenses b) The income accruing from the rental of my
4. Pecuniary Legacy residential flats at ………….. in the …….. Region
5. Movable Property/Legacy
of the Republic of Ghana.
6. Creation of Trust
7. Purpose/ Utilization of the Trust c) Proceeds from the realization of my Five million
8. Realization of the Trust Ghana Cedis (GHC5,000,000) bonds with the
9. Immovable Property/Devise Government of Ghana
10. Immovable Property/Devise 7. Purpose/ Utilization of the Trust
11. Residuary Clause
I direct my executors and trustees to use the Fund for
Schedule
Attestation the following purposes:
21 | D R A F T S b y U n c l e R O L L O
10. Immovable Property/Devise Occupation: ] ……………………….
I give my cocoa farm at ……….. on ……… Stool land
in the ……….. Region of Republic of Ghana to my
2. Name: ] ……………………….
maternal family
Address: ] ……………………….
11. Residuary Clause
All properties, movable and immovable, of whatever Signature: ] ……………………….
description, which I shall die possessed or to which I Occupation: ] ……………………….
shall be entitled at the time of my death but which I
have not otherwise disposed of in this will, I give to all
my children in equal shares and as tenants in common
provided that if at the time any of them is still a minor,
then my executors shall hold such share in trust for CERTIFICATE OF COMPETENT PERSON
them till they attain the age of majority. I ……………(name, occupation) of ……………. in the
…….. Region of the Republic of Ghana hereby declare
Schedule that on the …… day of ………. (month, year), I read
and explained the contents of this will marked ‘A’ to
SCHEDULE ONE ……………… the testator herein, who is illiterate
(Description of Property) (and/or blind) in the …….. language and he seemed
perfectly to understand and approve of the contents
Attestation before I guided the said testator’s hand to the
SIGNED by ……..., as his last will and ] appropriate place on the will to make his mark.
testament in the presence of us both, ] DATED AT THE DAY AND MONTH FIRST
……………………. ABOVE WRITTEN AT ACCRA
present at the same time, ]
after the contents herein had been read ]
over, interpreted and explained to him ] ………………………..
in the twi language by ……….(full name,] (DETAILS OF COMPETENT
address and occupation of the person ] PERSON)
explaining) and he seemed perfectly to ]
understand and approve of same before ]
his hand was guided by the said ……….. ]
(name of the person explaining) to the ]
appropriate place on this will to make his]
mark and we, at his request and in his ]
presence and in the presence of each other, ]
hereby subscribe our names and signatures ]
as attesting witnesses to the execution of ]
this will by the testator. ]
[Note: Green bold part only added when testator is
blind or illiterate]
Witnesses:
1. Name: ] ……………………….
Address: ] ……………………….
Signature: ] ……………………….
22 | D R A F T S b y U n c l e R O L L O
by Otumfour Osei Tutu II ]
………………………
as the Confirming party ]
Name of Elder 2 ]
……………………….
Attestation
Name of Elder 3 ] SIGNED AND SEALED by ]
………………………. NANA TIRIMUODENFUOR ]
for and on behalf of the Lessor ]
………………….
SIGNED AND SEALED ]
In the presence of: ]
23 | D R A F T S b y U n c l e R O L L O
Name of Elder 1 ]
……………………….
Name of Elder 2 ]
……………………….
Name of Elder 3 ]
……………………….
SIGNED by the ]
Lessee herein, ]
……………………….
Address: ]
……………………….
Signature: ]
……………………….
24 | D R A F T S b y U n c l e R O L L O