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CONVEYANCING LEGAL DRAFTING LAW

(COURSE CONTENTS)

The law of Legal Drafting and Conveyance consists of legal drafting and conveyancing. The subject deals with the practical aspect of a lawyer’s work in practice. Every lawyer is required to have a fundamental knowledge of drafting skills which is necessary in writing legal documents. Some of these documents include agreements, deeds, legal opinion, will, reports, bills, motions, memos, etc.

 

There are necessary steps or techniques to follow in these legal drafting activities. As such, the course is designed to equip you with the required skills and knowledge in legal drafting and conveyancing practice. It reveals the keys to becoming a good draftsman. In addition to the rules and techniques of drafting, it also exposes certain habits to avoid when drafting legal document.

 

Particularly, the course may also be useful to those interested in learning about transfer of interest in land, those desirous of working in legislative houses (as legislative draftsman), probate, court and land registry.

 

Topics bordering on practical issues such as legal and legislative drafting, legal writing, interpretation of statutes, wills, codicil and customary conveyancing, etc have been explained in fuller details as outlined below.

 

 

1. INTRODUCTION AND DEFINITION OF LEGAL DRAFTING.

General Introduction

Meaning of Legal Drafting

Necessity to Pay attention In Drafting Legal Documents

 

2. RELEVANCE OF ENGLISH AND DRAFTSMAN HABITS

English as Official Language in Nigeria

Habits to Avoid when Drafting Legal Document

 

3. STAGES OF DRAFTING

Taking and understanding instruction

Analysis, Classification and Research

Planning the Draft

Composition

Editing the Draft

 

4. CLARITY AND ACCURACY IN LEGAL DRAFTING

Aid to Clarity and Accuracy

(a) Punctuation

(b) Use of Definition/Interpretation Clause

(c) Repetition of Preposition

(d) Ejusdem Generis

(e) Descriptive Words

(f) Schedule

(g) Use of Interpretation Act

Some Useful Words and Phrases

  

5. EXPRESSIONS AND WORDS RELATING TO TIME, AND RULES AND TECHNIQUES OF DRAFTING

Expressions and Words Relating to Time

Rules of Drafting

Techniques of Drafting

 

6. LETTER WRITING AND WORDS OF NEGOTIATION

Letter writing

Types of letter writing

Important of letter writing

Format of letter

Words of Negotiation

(a) ‘Subject to Contract’

(b) ‘Without Prejudice’

 

7. MEMORANDUM

Uses of memos

Format of Memos

Factors Affecting the Language Used In Memos

Types of Recipients

 

8. LEGAL OPINION

Legal opinion

Points to note when writing legal opinion

(a) Answer the question

(b) Make answer clear, simple and comprehensive

(c) Clarify the opinion limitation

Format of a legal opinion

 

9. REPORT WRITING

Report Writing

Types of Report Writing

Format of Report Writing

 

10. LEGISLATIVE DRAFTING, LEGISLATIVE POWER IN NIGERIA AND

QUALITIES GOOD LEGISLATIVE DRAFTSMAN

 

Legislative Drafting

Drafting process and Legislative process

Legislative power in Nigeria

Qualities of good legislative draftsman

 

11. SOURCES OF MATERIAL FOR AND CHALLENGES OF DRAFTING A BILL

Sources of Materials for Drafting a Bill

Challenges of Drafting a Bill in Nigeria

  

12. STAGES OF DRAFTING

Stages of Drafting / Drafting process

(a) Instructions

(b) Analysis

(c) Design

(d) Composition

(e) Scrutiny

 

13. COMPONENTS OF A BILL

Long Title

Preamble

Commencement

Enacting Formula

Establishment

Interpretation Clause

Short Title

Application

Duration

Saving

Repeal

Schedule

Explanatory Notes

 

14. INTERPRETATION OF STATUTES AND TOOLS OF INTERPRETATION

Interpretation of statutes

Tools for interpretation

 

15. RULES OF INTERPRETATION

Literal Rules

Golden Rule

Mischief Rules

Purposive Approach

Ejusden Generis Rule

Ut res magis volet quam pereat

Expressio unis est exclusio atterius

Noscitur a sociis

Contra proferentes

 

16. WILL

Definition of a Will

Applicable Laws

Advantages of Making a Will

Requisite Age for a Testator

Points to Note When Drafting a Will

 

17. CAPACITY

Testamentary Capacity

Sound Disposing Mind

Proof of Sound Disposing Mind

(a) Presumption of Sound Disposing Mind

(b) Positive Affirmative Evidence

Insane Delusion

Undue Influence and Fraud

 

18. FORMAL REQUIREMENTS

Formal Requirement

Requirement of writing

The signature

Testator’s Signature

Acknowledgement of the Signature

Presence of Witness

Attestation

Form of Attestation

Incorporating other Documents

Gift to Witness, or His Husband or Wife

 

19. ALTERATIONS AND ERASURES IN A WILL, REVOCATION AND REVIVAL OF A WILL

Alterations and Erasures In a Will

Revocation of a Will

Doctrine of Dependent Relative Revocation

Revival of a Will

 

20. DOCTRINE OF ADEMPTION AND LAPSE, LEGACY AND DEVICE

Doctrine of Lapse

Exceptions to the Doctrine of Lapse

Doctrine of Ademption

Legacies and Device

Types of Legacies

 

21. EXECUTOR, RESTRICTIONS TO THE TESTATOR’S FREEDOM OF DISPOSITION, CODICIL AND CUSTODY OF A WILL

Executor

Factors to be considered when appointing Executor

Restrictions to the testator’s freedom of disposition

(a) Native law and custom

(b) Provision for Family and Dependents

Codicil

When New Will Be Needed

Custody of a Will/Codicil

 

22. CUSTOMARY MODES OF TRANSFER OF PROPERTY

Customary Conveyance

Gift of Land Under Customary Law

Sale of Land Under Customary Law

Pawn Under Customary Law

Pledge Under Customary Law

Tenancy Under Customary Law

Partitioning Under Customary

Allocation Under Customary Law

 

23. CUSTOMARY TENANCY

Customary Tenancy

Nature of customary tenancy

Types of tenancy

(a) Fixed tenancy

(b) Periodic tenancy

(c) Tenancy in perpetuity

(d) Kola tenancy

(e) Gratuitous tenancy

(f) Service tenancy

(g) Share tenancy

(h) Cash tenancy

Determination of Customary Tenancy

(a) Abandonment

(b) Extinction

(c) Accomplishment of purpose

 

24. INTRODUCTION TO CONVEYANCING PRACTICE IN NIGERIA

Definition of Conveyancing

Mode of Conveyancing Under Customary Law

Mode of Conveyancing Under the General Law

Nature and Scope of Conveyancing

Relevant Conveyancing Practice Legislations

 

 

25. CONTRACT OF SALE OF LAND IN NIGERIA

Meaning and Types of Contract of Sale of Land in Nigeria

Oral Contract

Open Contract

Formal Contract

Void Terms and Conditions

Procedures for Making the Contract Binding

Rights and Obligations of the Parties under the Contract

Discharge of a Contract of Sale

Advantages of the Formal Contract

Pre-Contract Enquiries

 

26. REMEDIES FOR BREACH OF CONTRACT OF SALE OF LAND

Specific performance

Damages

Rescission

Forfeiture and recovery of deposit

Lien

 

27. DEDUCING AND INVESTIGATION OF TITLE

Deducing of Title

Sound Root of Title, Document that Constitute Same

Defective Root of Title, Document that Constitute Same

Investigating of Title

Requisition on Title and Completion

 

28. PROOF OF TITLE TO LAND IN NIGERIA

Proof of ownership by Traditional Evidence

Proof by Act of Ownership

Proof by Act of Long Possession

Proof by Production of Document

Proof of Possession of Connected or Adjacent Land

 

29. CERTIFICATE OF OCCUPANCY

Meaning and Nature of Certificate of Occupancy

Who issues Certificate of Occupancy

Contents of Certificate of Occupancy

Duties and Obligations of Certificate of Occupancy Holder

How to Obtain Certificate of Occupancy

30. DEED OF ASSIGNMENT

Preliminary Parts

Operative Parts

Miscellaneous Provisions

Final Parts

Documents that Must be Executed as Deed

 

31. INTRODUCTION TO CONVEYANCE (TRANSFER) OF LAND UNDER REGISTERED TITLE SYSTEM

Procedures for Registration Under Registration of Title

Some Terminologies Under Registration of Title System

Difference between Registration of Title and Registration of Instruments

Advantages of Registered Titles System

Investigation and Completion Under Registration of Title System

 

32. POWER OF ATTORNEY

Capacity of Create Power of Attorney

Construction of Power of Attorney

Revocation of Power of Attorney

Execution of Donee

 

33. LEASES AND OTHER RELATED TERMINOLOGIES DISTINGUISHED

Leases and Tenancies

Leases and Assignment

Leases and Under-Lease

Leases and License

Agreement for a Leases

 

34. REQUIREMENTS OF A VALID FORMAL LEASE

It Must Be by a Deed

Parties and Property

Certainty of Duration

Exclusive Possession

 

35. REQUIREMENTS OF A VALID FORMAL RENT

Rents

Implied covenants

Usual covenants

Express covenant

Proviso

 

36. OPTION TO RENEW CLAUSE

Time to Exercise the Option

Manner in which the Option is to be Exercised

Conditions Before the Option can be Exercised

The terms or which the new term is granted

Remedies for breach of option to renew

 

37. INSURANCE COVENANT IN A LEASE

Who is to Insure

Identity of the Insurance Company and Risk Covered by the Policy

Amount of Cover

Application of Insurance Money

Remedies for Breach

 

38. DETERMINATION OF LEASES

Forfeiture

Surrender/Abandonment

Merger

Disclaimer

 

39. MORTGAGES

Mortgages

Definition of Mortgage

Features of a Mortgage

Types of collateral

Types of Mortgage

Legal mortgage

(b) Meaning of legal mortgage

(c) Advantages

Equitable mortgage

(a) Meaning of equitable mortgage

(b) Advantages

 

40. CREATION OF MORTGAGE

Creation of Mortgage

Legal Mortgage

(a) Conveyancing Act, 1881

(b) The Property and Conveyancing Law, 1959

(c) Registration of Title Law Cap 121 of Lagos State

(d) Charge by Companies

(e) Mortgage of Life Policy

Equitable Mortgage

(a) Deposit of a Title Deed

(b) Agreement to Create a Legal Mortgage

(c) Equitable Charge of the Mortgagor’s Property

(d) Equitable Mortgage of Registered Land

 

41. MORTGAGE INSTITUTIONS

Federal Mortgage Bank of Nigeria

Housing Corporation

Housing Scheme

Private Property Developers

Commercial Banks

Life Endowment

 

42. RIGHT AND DUTIES OF PARTIES TO MORTGAGE

Right and Duties of Parties to Mortgage

Right and Duties of Mortgagee

(a) Power of Sale

(b) Power of Foreclosure

(c) Appointment of Receiver

(e) Taking Possession

Right and Duties of Mortgagor

(a) Legal Right to Redeem

(b) Equity of Redemption

(c) Equitable Right to Redeem

 

43. POWER OF SALE UNDER MORTGAGE

Power of Sale

Statutory Power of Sale

When Does the Power of Sale Arises?

When Does the Power of Sale Becomes Exercisable?

Equitable Power of Sale

Protection of Innocent Purchaser

Conduct of Sale

Timing of Sale

Application of the Proceeds of Sale

Court Jurisdiction to Order Sale

 

44. DISCHARGE OF MORTGAGE

Discharge of Mortgage

Modes of Discharging Mortgage

(a) Discharge of Mortgage created by Sub-demise

(b) Discharge of Equitable Mortgage created by Deposit of Title Deed

(c) Discharge under the Registration of Title Law

(d) Discharge of a Legal Mortgage of an Endowment Policy

(e) Discharge of Mortgage under the Statute of Limitation

 

45. FORM AND CONTENT OF A MORTGAGE

Form of Mortgage

The Position under Pre-1900 English Law

The Position under the Property and Conveyancing Law, 1959

Statutory Mortgage

The Position under the Registration of Title Law

The Position under the Companies and Allied Matters Act, 2004

Mortgage of Endowment Policy

The Position under Equitable Mortgage

The Position Equitable Charge of Registration Title

Content of a Mortgage Deed

(a) Parties

(b) Recitals

(c) Operative Part

(d) Covenant for Payment of Principal and Interest

(e) Interest

(f) Demise or Charge as Beneficial Owner

(g) Priviso for Redemption

(h) Other Covenant by the Mortgage

 

46. ATTESTATION AND EXECUTION OF MORTGAGE

Attestation

Execution

 

47. POST COMPLETION MATTERS IN CONVEYANCING

Consent Provisions in the Land Use Act

Conveyancing Transaction that Requires Governor’s Consent

Procedures for Obtaining Governor’s Consent

Problems with Requirement of Consent

Refusal of Consent and Effect of Non-Compliance with the Consent Provisions

 

 48. STAMPING OF DOCUMENTS

Documents that require stamping

Applicable laws

Procedures for stamping

Effect of refusal to stamp legal document

 

49. REGISTRATION OF INSTRUMENTS

Instruments defined

Types of Registration. Instruments

Procedure for Registration of Instrument

Effects of Non-registration

 

50. CHALLENGES OF CONVEYANCING PRACTICE IN NIGERIA

Multiplicity of Laws

Archaic and Obsolete Laws

Illiteracy

Poor Land Registry Practices

Lack of Professionalism