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Land Sale and Mortgage Agreement Template

Precedents on Conveyancing drafting

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0% found this document useful (0 votes)
17 views24 pages

Land Sale and Mortgage Agreement Template

Precedents on Conveyancing drafting

Uploaded by

nanakwameat35
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

3.

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

1|DRAFTS by Uncle ROLLO


The Property is sold subject to the following matters AS WITNESS the hands and names of the parties
[list matters, other than encumbrances, subject to which hereto on the day and year first above written.
the Property is being conveyed (e.g. notices of new
rates for utility services, property rates, requirements of Schedules
public authorities, etc.) as a, b, c]. FIRST SCHEDULE
Description of the Property
9. Inspections & Entire Agreement clause ALL THAT piece and parcel of land numbered……….
The Purchaser admits that he has inspected the Property together with the building thereon covering an
and purchases it with knowledge of its actual states and approximate area of ………acre situate, lying and being
enters into this agreement solely as a result of his own at ………..in the…….Region of the Republic of Ghana
inspection and on the basis of the terms of this (hereinafter called “the Property”) and
agreement and not on reliance upon any written or oral measuring……….Feet more or less by……….Feet
or implied representation or warranty, made by or on more or less which said piece or parcel of land is more
behalf of the Vendor (save for those contained in particularly delineated on the plan attached hereto and
written replies given by the Vendor’s solicitors to any thereon shown edged pink.
preliminary inquiries raised by the Purchaser or the
Purchaser’s solicitors) and that this agreement contains SECOND SCHEDULE
the entire agreement between the parties. List of Encumbrances
Omitted

10. Non-Assignment THIRD SCHEDULE


Description of Movable Properties
This agreement is personal to the Purchaser and shall
Omitted
not be capable of assignment nor shall the Vendor be
required to convey the Property to anyone other than
Attestation
the Purchaser or his personal representative.
SIGNED by the ]
11. Non-Merger Vendor herein, ] ……………………….
In the presence of: ]
The provisions of this agreement shall not merge on
Name: ] ……………………….
completion of the conveyance of the Property so long
as they remain to be performed. Address: ] ……………………….

[12. Sale of Associated Movable Property Signature: ] ……………………….


[Additional]
1. The Vendor shall sell and the Purchaser shall
purchase the items of movable property specified in the SIGNED by the ]
third schedule hereto at the price of ………(amount in Purchaser herein, ] ……………………….
words and figures) In the presence of: ]
2. The vendor warrants that he is entitled to sell the Name: ] ……………………….
items specified in the third schedule free from any
Address: ] ……………………….
charge, lien, burden or adverse claim.
3. The property in any item specified in the third Signature: ] ……………………….
schedule shall pass to the purchaser on actual
completion.]

Testimonium

2|DRAFTS by Uncle ROLLO


described in the first schedule hereto, was conveyed to
the mortgagor forever.
The Mortgagor is the owner of the property at……..
(Address) in the…….Region of the Republic of
MORTGAGE AGREEMENT Ghana(hereinafter called “the Property”) and
particularly described in the schedule below.
Commencement - CDP
1. Recitals (Root of Mortgagors title) 2. Consideration and Receipt Clause (CRC)
2. Consideration and Receipt Clause In consideration of a loan of……(amount in words and
3. Operative Words & Habendum figures) which the mortgagee has given to the
4. Covenant to insure
mortgagor (receipt of which the mortgagor hereby
5. Non-Transferability Section 12 Notwithstanding
acknowledges), the mortgagor covenants with the
6. Implied Covenant in Section 8
mortgagee to repay the said loan together with a………
7. Provisos (Further Advances, Default & Notices)
(simple/compound) interest of…… per cent per annum
8. Discharge Clause
by………installments over a five-year period
Testimonium
commencing……….and according to the repayment
Schedules
schedule shown in the second schedule hereto.
Attestation
3. Operative Words & Habendum
MORTGAGE AGREEMENT
The mortgagor as beneficial owner hereby mortgages
Commencement - CDP the Property to the mortgagee to secure the repayment
THIS MORTGAGE is made the ……… day of …… of the principal money, interest and other money hereby
(month, year) BETWEEN……..of………in covenanted to be paid by the mortgagor.
the…….Region of the Republic of Ghana (hereinafter
called “the Mortgagor”) of the one part 4. Covenant to insure
AND……..of……in the…….Region of the Republic of The mortgagor shall insure and keep insured, at his own
Ghana (hereinafter called “the Mortgagee”) of the other expense, during the subsistence of this mortgage, the
part property together with all fixtures and fittings attached
FOR A COMPANY: ………Limited, a limited thereto, with a reputable insurance company to be
liability company registered under the laws of the mutually agreed on between the parties, in the names of
Republic of Ghana (hereinafter called “the Mortgagee”) both the mortgagor and the mortgagee and shall at any
and having its registered offices at……….in time at the request of the mortgagee or his duly
the…….Region of the Republic of Ghana and acting authorized representative produce the insurance policy
through its ………(position)…………..(name of rep.) and the premium payment receipts for the inspection of
of the other part
the mortgagee.

1. Recitals (Root of Mortgagors title) 5. Non-Transferability Section 12 Notwithstanding


By a conveyance made the ……… day of …… (month, The mortgagor shall not transfer all or any part of his
year) between ……… of………… (address) in interest in the property during the subsistence of this
the…….Region of the Republic of Ghana of the one mortgage, without the prior written consent or
part and the Mortgagor herein of the other part and concurrence of the mortgagee, Section 12 of the
registered as …… at the Lands Commission office, Mortgages Act 1972, NRCD 96 notwithstanding.
in…….., the property known as…………situate at
………. in the…….Region of the Republic of Ghana 6. Implied Covenant in Section 8
(hereinafter called “the Property”) and which is

3|DRAFTS by Uncle ROLLO


The parties hereto agree to be bound by the implied has hereunto set its hand, name and common seal, the
covenants contained in Section 8 of the Mortgages Act, day and year first above written.
1972 (NRCD 96).
Schedules
7. Provisos [Always at number 7] FIRST SCHEDULE
(Further Advances, Default & Notices) Description of the Property
THE PARTIES HEREBY AGREE that: Omitted
1. If the Mortgagor shall duly and punctually repay the
principal money, interest and other money he has SECOND SCHEDULE
covenanted to pay to the Mortgagee in accordance Repayment schedule (omitted)
with the second schedule below, then if he so Omitted
desires, the security hereto shall be used to secure
Attestation
further advances not exceeding, in aggregate……
(amount) the Mortgagee shall give him at the SIGNED by the
original interest rate and priority so, however, that Mortgagor herein
the mortgagor shall give at least ….(length of ……………………………
notice) months’ notice in writing to the mortgagee In the presence of:
of his intention to take advantage of this provision.
WITNESS;
Note: [Omit the above clause if the question did not Name :
provide information on further advances] Address :
Signature:
2. If the Mortgagor shall default in the performance
of any or all of his obligations under this mortgage, SIGNED on behalf of by the
the Mortgagee shall proceed against the personal Mortgagee herein by its
covenant of the Mortgagor or realize the mortgage Managing Director/
property. lawful representative
3. Any notice required to be served under this …………………….
mortgage shall be sufficiently served if served on …………………………..
the mortgagor at the mortgaged property and on the (name of representative)]
mortgagee at the above stated address [Company: at in the presence of:
its registered office.]
WITNESS;
8. Discharge Clause
Name :
1. The security hereby provided shall be released
when the mortgagor discharges all his obligations Address :
under this mortgage. [obligation of the mortgagor]
2. The mortgagee hereby undertakes to give a written Signature:
discharge to the mortgagor in accordance with
Section 22(1) of NRCD 96 as soon as the mortgagor
has duly discharged his obligations under this
OATH OF PROOF
mortgage. [Obligation of the mortgagee]
I,………………….of …………..(town) make oath and
Testimonium say that on the ……… day of ……..(month, year), I
IN WITNESS whereof the Mortgagor hereto has was present and saw………………..duly execute the
hereunto set his/her hand and name and the Mortgagee

4|DRAFTS by Uncle ROLLO


instrument now produced to me and marked ‘A’ and ……..of………(address) and……..of………(address)
that he can read and write. (hereinafter called “the Trustees”) of the other part.

SWORN at………….this ] ………………. 1. Recitals (Root of Settlors’ title)


….day of……(month, year) ] Deponent BY a Will dated the…….day of……..(month, year)
BEFORE ME (hereinafter called “the Will”), ……..of………
(address), (hereinafter called “the Testator”)
REGISTRAR OF LANDS bequeathed the building situated at ………….
(hereinafter called “the Property”) and more
particularly described in the schedule hereto, to the
CERTIFICATE OF PROOF
herein named Settlors to hold as tenants in common
On the ……… day of ……..(month, year), absolutely.
at……..o’clock in the……..noon, this document was
2. Probate
proved before me by the oath of the within
On the…….day of……..(month, year), the Executors
named………………………..to have been duly
successfully proved the Will at the………Court,…….
execute by the within named………………………...
(location). The probate of the Will was duly registered
at……………..on………………as number……….
REGISTRAR OF LANDS (registration number).

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]

Commencement - CDP 6. Covenant of Non-Interference


THIS TRUST is made the………day of……(month,
The Settlors covenant with the Trustees not to interfere
year) BETWEEN……..of………(address),
or disturb the Trustees in any way in their management,
……..of………(address) and……..of………(address),
administration and control of the property prior to its
(hereinafter called “the Settlors”) of the one part AND
eventual sale.

5|DRAFTS by Uncle ROLLO


7. Trustee’s Covenant to Account instrument now produced to me and marked ‘A’ and
The Trustees hereby covenant with the Settlors to that he can read and write.
render………. [period; monthly, quarterly, annually]
SWORN at………….this ] ……………….
accounts to the Settlors of any income accruing from
….day of……(month, year) ] Deponent
any investment of the property prior to its sale and to
BEFORE ME
hold such income and the proceeds of the sale on trust
for the Settlors.
REGISTRAR OF LANDS
Testimonium
IN WITNESS whereof the Settlors and Trustees hereto CERTIFICATE OF PROOF
have hereunto set their hands and names the day and
year first above written. On the ……… day of ……..(month, year),
at……..o’clock in the……..noon, this document was
Schedules proved before me by the oath of the within
FIRST SCHEDULE named………………………..to have been duly
Description of the Property execute by the within named………………………...
Omitted

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

I,………………….of …………..(town) make oath and


say that on the ……… day of ……..(month, year), I
was present and saw………………..duly execute the

6|DRAFTS by Uncle ROLLO


In consideration of the sum of ..….... (Amount) paid by
CONVEYANCE the purchaser to the vendor (receipt of which is
acknowledged by the vendor) the vendor as beneficial
Commencement - CDP owner hereby CONVEYS TO the purchaser ALL
1. Recitals (Root of Vendor’s title)
2. Agreement to Convey (Habendum) THAT property forever free of encumbrances.
3. CRC & Operative Words of Conveyance
4. Covenant by Vendor (Title)
4. Covenant by Vendor (Title)
The vendor covenants to deliver to copies of the vesting
5. Covenant by Vendor (Non-existence of
assent and all relevant documents.
Encumbrances)
6. Purchaser’s Covenant of Indemnity
5. Covenant by Vendor (Non-existence of
Testimonium
Encumbrances)
Schedules
The vendor hereby declares that he has not previously
Attestation
conveyed or otherwise dealt with or encumbered the
CONVEYANCE property in any way.

Commencement - CDP 6. Purchaser’s Covenant of Indemnity


THIS CONVEYANCE is made the ……… day of The Purchaser covenants to observe and perform the
…… (month, year) BETWEEN …….. of ……… in covenants and conditions attached to the property and
the…….Region of the Republic of Ghana (hereinafter shall indemnify the Vendor against all liability arising
called “the Vendor”) of the one part AND …….. of from any future breach of those covenants by the
……… in the…….Region of the Republic of Ghana purchaser.
(hereinafter called “the Purchaser”) of the other part.
Testimonium
WHEREAS:
AS WITNESS the hands and names of the parties
1. Recitals (Root of Vendor’s title) hereto on the day and year first above written.
The vendor herein is the owner of the property intended
hereby to be conveyed and describe in the schedule Schedules
hereto (hereinafter called ‘the property’) by virtue of a FIRST SCHEDULE
Vesting assent (hereinafter called ‘the Vesting assent’) Description of the Property
dated the …... day of …….... (day, month) and ALL THAT piece and parcel of land numbered……….
executed in his favour by the administrators of the together with the building thereon covering an
estate of the late……... (name and last address of the approximate area of ………acre situate, lying and being
deceased) and registered as number……. (registration at ………..in the…….Region of the Republic of Ghana
number of the Vesting assent) at…..... (place of (hereinafter called “the Property”) and
registration of Vesting assent) on the ...... day of …... measuring……….Feet more or less by……….Feet
(month, year) more or less and bounded on the north by……..; on the
east by……; on the west by……; on the south by……,
2. Agreement to Convey (Habendum) which said piece or parcel of land is more particularly
The vendor herein has agreed to convey the property to delineated on the plan attached hereto and thereon and
the purchaser herein absolutely and forever. shown edged pink.

THIS DEED WITNESSES AS FOLLOWS: Attestation


SIGNED by the ]
3. CRC & Operative Words of Conveyance Vendor herein, ] ……………………….

7|DRAFTS by Uncle ROLLO


In the presence of: ]
Name: ] ……………………….

Address: ] ……………………….

Signature: ] ……………………….

SIGNED by the ]
Purchaser herein, ] ……………………….
In the presence of: ]
Name: ] ……………………….

Address: ] ……………………….

Signature: ] ……………………….

OATH OF PROOF

I,………………….of …………..(town) make oath and


say that on the ……… day of ……..(month, year), I
was present and saw………………..duly execute the
instrument now produced to me and marked ‘A’ and
that he can read and write.

SWORN at………….this ] ……………….


….day of……(month, year) ] Deponent
BEFORE ME

REGISTRAR OF LANDS

CERTIFICATE OF PROOF

On the ……… day of ……..(month, year),


at……..o’clock in the……..noon, this document was
proved before me by the oath of the within
named………………………..to have been duly
execute by the within named………………………...

REGISTRAR OF LANDS

8|DRAFTS by Uncle ROLLO


LEASE AGREEMENT 5. Operative Clause
In consideration of the rent hereby reserved and the
Commencement - CDP
1. Capacity covenants, conditions and stipulations herein contained
2. Purpose the lessor as beneficial owner hereby LEASES TO the
3. Consent of Allodial Holder lessee the property for a term of…….. years
4. Introductory Recital commencing from the... day of... …..(month, year)
5. Operative Clause [‘’LEASE’’] [PAYING THEREFOR the monthly rent of……….
6. Lessee’s Covenant (Amount) subject to review every…….. years payable
7. Lessor’s Covenant by……..(mode of payment) to the lessor by the lessee]
8. Provisos [forfeiture, abatement]
6. Lessee’s Covenant
9. Notice clause
Testimonium THE LESSEE COVENANTS WITH THE LESSOR
Schedules AS FOLLOWS;
Attestation i. To pay the rent reserved in the manner agreed
LEASE AGREEMENT ii. To use the property for residential purposes only
iii. Not to assign, sublet or part with possession of any
Commencement - CDP part of the property without the consent of the lessor
THIS LEASE is made the ……… day of …… (month, iv. At the expiration or sooner determination of the
year) BETWEEN …….. of ……… in the…….Region term granted to yield up in a peaceful manner the
of the Republic of Ghana (hereinafter called “the property together with all the lessee's fixtures for
Lessor”) of the one part AND …….. of ……… in which the lessor shall pay reasonable compensation
the…….Region of the Republic of Ghana (hereinafter to be agreed by the parties in a tenantable manner
called “the Lessee”) of the other part. v. To maintain the property and keep it in good and
tenantable repair, fair wear and tear excepted
WHEREAS: vi. Not to use the property for any immoral or illegal
activities
1. Capacity
The lessor is the beneficial owner of the property vii. To insure the property to its full value with a
at……... in the ………. Region of the Republic of reputable insurance company to be determined by
Ghana (hereinafter called ‘the property’) and mutual agreement between the parties against
particularly described in the schedule below damage or loss by fire, flood or storm
viii. To generally observe and perform all the implied
2. Purpose covenants set out in section 23(1) of the
The lessee requires the property for residential purposes Conveyancing Act 1973 as if same were set out in
extenso herein
3. Consent of Allodial Holder ix. To pay all rates, taxes and other outgoings payable
The lessor has obtained the written consent of the stool by the occupier of the property
for the grant of the lease. x. Not to make any structural alteration to the premises
without prior written consent of the lessor
4. Introductory Recital xi. Not to do any act or thing in the premises which
The lessor has agreed to lease the property to the lessee constitutes a nuisance or annoyance to occupiers of
for a term of……... years subject to the rent reserved adjoining and neighbouring premises
and the covenants, conditions and stipulations hereafter xii. To install and maintain adequate security and safety
stated with effect from the ... day of........ (month, year) equipment on the premises
THIS DEED WITNESSES AS FOLLOWS;

9|DRAFTS by Uncle ROLLO


7. Lessor’s Covenant Schedules
THE LESSOR COVENANTS WITH THE LESSEE FIRST SCHEDULE
AS FOLLOWS; Description of the Property
ALL THAT piece and parcel of land numbered……….
i. To pay all rates and taxes on the property together with the building thereon covering an
covenanted to be paid by the lessor herein approximate area of ………acre situate, lying and being
ii. The lessee performing all his covenants shall have at ………..in the…….Region of the Republic of Ghana
peaceful and quiet enjoyment of the property (hereinafter called “the Property”) and
without any lawful disturbance from the lessor or measuring……….Feet more or less by……….Feet
any persons claiming through him more or less which said piece or parcel of land is more
iii. To generally observe and perform all the implied particularly delineated on the plan attached hereto and
covenants in section 22(1) of the Conveyancing Act thereon and shown edged pink.
1973 to be observed by the lessor as if same were
set out in extenso herein Attestation
SIGNED by the ]
8. Provisos
Lessor herein, ] ……………………….
THE PARTIES HEREBY AGREE that: In the presence of: ]
i. If the rent hereby reserved is not paid for ....... Name: ] ……………………….
months after becoming due (whether demanded or
Address: ] ……………………….
not) or the lessee breaches his covenants or
challenges the title of the lessor in the property, then Signature: ] ……………………….
aside any remedy the lessor may have, the lessor
can re-enter the property and the lease shall
determine. SIGNED by the ]
ii. If the property is destroyed by any means or Lessee herein, ] ……………………….
becomes unfit for the purpose of the lease then there In the presence of: ]
shall be an abatement or suspension of the rent as Name: ] ……………………….
appropriate until the property is restored or
otherwise made fit for purpose Address: ] ……………………….
iii. The lessee shall have the option to renew the lease
Signature: ] ……………………….
for a further term of……... Years provided he has
given the lessor at least six (6) months’ notice in
writing prior to the expiration of the current term of
his intention to do so subjects to new terms to be OATH OF PROOF
agreed upon by the parties
I,………………….of …………..(town) make oath and
9. Notice clause say that on the ……… day of ……..(month, year), I
Any notice required to be served shall be deemed to be was present and saw………………..duly execute the
served on the lessor at the above-stated address and on instrument now produced to me and marked ‘A’ and
the lessee at the leased property that he can read and write.

Testimonium SWORN at………….this ] ……………….


AS WITNESS the hands and names of the parties ….day of……(month, year) ] Deponent
hereto on the day and year first above written. BEFORE ME

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

3. Consent of Allodial Holder


REGISTRAR OF LANDS
The Sublessor has obtained the written consent of the
Headlessor for the grant of the Sublease.

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.

7. Sublessor’s Covenant Schedules


THE SUBLESSOR COVENANTS WITH THE FIRST SCHEDULE
SUBLESSEE AS FOLLOWS; Description of the Property
ALL THAT piece and parcel of land numbered……….
i. To pay all rates and taxes on the property together with the building thereon covering an
covenanted to be paid by the Sublessor herein approximate area of ………acre situate, lying and being
ii. The Sublessee performing all his covenants shall at ………..in the…….Region of the Republic of Ghana
have peaceful and quiet enjoyment of the property (hereinafter called “the Property”) and
without any lawful disturbance from the Sublessor measuring……….Feet more or less by……….Feet
or any persons claiming through him more or less which said piece or parcel of land is more
iii. To generally observe and perform all the implied particularly delineated on the plan attached hereto and
covenants in section 22(1) of the Conveyancing Act thereon and shown edged pink.
1973 to be observed by the Sublessor as if same
were set out in extenso herein Attestation
SIGNED by the ]
8. Provisos Sublessor herein, ] ……………………….
THE PARTIES HEREBY AGREE that: In the presence of: ]
i. If the rent hereby reserved is not paid for ....... Name: ] ……………………….
months after becoming due (whether demanded or

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

CERTIFICATE OF PROOF 2. Consideration Clause


On the ……… day of ……..(month, year), The tenant shall pay an annual rent of……….
at……..o’clock in the……..noon, this document was (Amount) payable yearly in advance by……..(mode of
proved before me by the oath of the within payment) and subject to review every…….. years by
named………………………..to have been duly agreement of the parties to the Landlord.
execute by the within named………………………...
3. Tenant’s Covenant
REGISTRAR OF LANDS THE TENANT COVENANTS WITH THE
LANDLORD AS FOLLOWS;

i. To pay the rent reserved in the manner agreed


TENANCY AGREEMENT ii. To use the property for residential purposes only
iii. Not to assign, sublet or part with possession of
Commencement - CDP any part of the property without the consent of
1. Operative Clause the Landlord
2. Consideration Clause iv. At the expiration or sooner determination of the
3. Tenant’s Covenant term granted to yield up in a peaceful manner

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

14 | D R A F T S b y U n c l e R O L L O
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: ] ……………………….

6. Assignor’s Covenant Address: ] ……………………….


THE ASSIGNOR COVENANTS WITH THE
Signature: ] ……………………….
SUBLESSOR AS FOLLOWS;

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.

ii. To indemnify the Assignee fully against all liability


for breaches of covenants, conditions and
stipulations contained in the lease which had been
incurred prior 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

of ……..(month, year) by ….. of …….. in the ….. Republic of Ghana

Region of the Republic of Ghana (herein referred to as b. This Power of Attorney shall remain in force

the “principal”) until expressly revoked by me

1. Appointment & Purposes Testimonium


I appoint ……of …….. (address) (herein referred to as IN WITNESS WHEREOF I have set y hand and name,

the “Attorney”) as my true and lawful attorney in my the day and year first above written.

name and on my behalf to do the following acts or


Attestation
things or any of them as he shall in my interest think
SIGNED by the ]
proper: Principal herein, ] ……………………….
In the presence of: ]
a. To act for me and for my behalf in sale and
transfer of my interest in my property at……... Name: ] ……………………….
in the ………. Region of the Republic of Ghana Address: ] ……………………….
(hereinafter called ‘the property’) and other
Signature: ] ……………………….
matters relevant to the said property.
b. To render faithful account immediately
BEFORE ME
c. To engage a lawyer in good standing to
represent me and enforce in all respects rights as
I would be entitled to. NOTARY PUBLIC

2. Ratification & Indemnity Clauses

17 | D R A F T S b y U n c l e R O L L O
7. That …………

Testimonium

WHEREFORE, I make this solemn declaration


STATUTORY DECLARATION believing all the above to be true and correct, in
accordance with the provisions of the Statutory
HEADING
Commencement Declaration Act, 1971 (Act 389).
1. Declarant
Clause 2 onwards: Facts Nkoaaaaa Schedules [If any]
Testimonium FIRST SCHEDULE
Schedules [If any] (Description of the Property)
Attestation ALL THAT piece and parcel of land numbered……….
together with the building thereon covering an
HEADING
approximate area of ………acre situate, lying and being
IN THE MATTER OF A STATUTORY
at ………..in the…….Region of the Republic of Ghana
DECLARATION BY…….CONFIRMING (hereinafter called “the Property”) and
OWNERSHIP OF LAND AT………(ADDRESS) measuring……….Feet more or less by……….Feet
more or less which said piece or parcel of land is more
Commencement particularly delineated on the plan attached hereto and
I,…………………….., of……………., in…………… thereon and shown edged pink.

Region of the Republic of Ghana, do hereby solemnly Attestation


and sincerely declare as follows: DECLARED IN …… THIS] ……………

Declarant ...DAY OF….(month, year)] DECLARANT


Jurat in case of illiterate: after the contents
1. That I am the declarant herein. herein had been read over and explained to the
Declarant in the twi language and the Declarant
Clause 2 onwards: Facts Nkoaaaaa seemed perfectly to understand and approve of
some before signing this declaration.
2. That …………

BEFORE ME
3. That …………

4. That ………… NOTARY PUBLIC

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

I,………………….of …………..(town) make oath and


say that on the ……… day of ……..(month, year), I
was present and saw………………..duly execute the
instrument now produced to me and marked ‘A’ and
that he can read and write.

SWORN at………….this ] ……………….


….day of……(month, year) ] Deponent
BEFORE ME

REGISTRAR OF LANDS

CERTIFICATE OF PROOF

On the ……… day of ……..(month, year),


at……..o’clock in the……..noon, this document was
proved before me by the oath of the within
named………………………..to have been duly
execute by the within named………………………...

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:

a) To pay my just debts, funeral expenses and


Commencement - CDP
testamentary expenses
LAST WILL AND TESTAMENT
b) To pay all pecuniary legacies under the will
OF…………………….
c) To support and educate my children, ……………
I, ……………… of………, in the ……….. Region of
(Names and Ages from eldest to youngest) until the
the Republic of Ghana, do hereby declare this to be my
last of them has completed university or attained the
last will and testament which I make this …… day of
age of thirty (30) years, whichever one comes first.
………. (month, year).
8. Realization of the Trust
I direct my executors and trustees to realize the fund
1. Revocation Clause
after taking action as directed in clause 7 herein and
I hereby revoke all previous wills, codicils and other
distribute the proceeds equally among my children who
testamentary documents made by me before this day.
are alive at the time and to my widow aforementioned if
2. Appointment of Executors she is alive and not remarried.
I appoint ……….. of ………….. and ……….. of
9. Immovable Property/Devise
………….. to be the executors of this my will.
I give my House at ………….. in the …….. Region of
3. Payment of Debts & Expenses the Republic of Ghana to my children namely,
…………; ………….. and ……………. all of ………
I direct my executors to pay all my just debts, funeral
in the ………. Region of the Republic of Ghana
and testamentary expenses.
absolutely as tenants in common subject to the right of
4. Pecuniary Legacy my wife …………. of ………. in the Western Region
of the Republic of Ghana to stay in the said house for
I give all my monies held in my bank accounts at
life.
Sikasuo Royal Bank, Osu Branch to my wife
absolutely.

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 ]

LEASE AGREEMENT OF KUMASI LANDS

Commencement - CDP SIGNED by the ]


THIS LEASE is made the ……… day of …… (month, Lessee herein, ]
year) BETWEEN the …Atasamanso Stool… ……………………….
(hereinafter called “the Lessor”) acting by its legal
representative …NANA TIRIMUODENFUOR…, In the presence of: ]
Chief of …Atasamanso Stool… of the Ashanti Region Name: ]
of the Republic of Ghana with the consent and ……………………….
concurrence of the elders of the Atasamanso Stool
which consent or concurrence is necessary for the valid Address: ]
disposition of land at customary law and which consent ……………………….
and concurrence is signified by some of the said elders
attesting to the execution of this instrument by the said Signature: ]
chief and with the confirmation of Otumfour Osei ……………………….
Tutu II, Asantehene of Manhyia Palace in Kumasi
LEASE BY A STOOL TO AN INDIVIDUAL
in the Ashanti Region of the Republic of Ghana
(hereinafter called “the Confirming Party”) of the Commencement - CDP
one part AND …….. of ……… in the…….Region of THIS LEASE is made the ……… day of …… (month,
the Republic of Ghana (hereinafter called “the Lessee”) year) BETWEEN the …… Stool (hereinafter called
of the other part. “the Lessor”) acting by its legal representative …
NANA TIRIMUODENFUOR…, Chief of …… Stool
of the ……… Region of the Republic of Ghana with
Attestation the consent and concurrence of the elders of the
SIGNED AND SEALED by ] …………… Stool which consent or concurrence is
NANA TIRIMUODENFUOR ] necessary for the valid disposition of land at customary
for and on behalf of the Lessor ] law and which consent and concurrence is signified by
…………………. some of the said elders attesting to the execution of this
instrument by the said chief of the one part AND
In the presence of: ] …….. of ……… in the…….Region of the Republic of
Name of Elder 1 ] Ghana (hereinafter called “the Lessee”) of the other
………………………. part.

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, ]
……………………….

In the presence of: ]


Name: ]
……………………….

Address: ]
……………………….

Signature: ]
……………………….

24 | D R A F T S b y U n c l e R O L L O

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