LAW5706 Clinical Law-II (Conveyancing) — Unit 1: Introduction to Conveyancing Drafting

Unit 1: Introduction to Conveyancing Drafting

1.1 Concept, Importance and Principles of Conveyancing Drafting

The conveyancing (the deed’s-craft): the definition (the transferring-of-rights-by-document (the “conveyance”-world (the sale-the-mortgage-the-gift-the-lease (the instruments’-family)))); the drafting’s-extended (all-formal-instruments (the contracts (the wills (the POAs (the family-deeds))))); The importance: the rights’-paper-life (the no-deed-no-right (the registration’s-requirement (the Land-Registration’s-world))); the disputes’-prevention (the clear-terms (the future-proof (the “the-deed-not-the-memory” rule))); the evidence’s (the documentary (the LAW5601-U3’s-best-evidence)); The principles (the exam’s-list): the clarity (the no-ambiguity (the one-meaning)); the completeness (the all-terms (the no-gaps (the “the-deed-reads-alone” test))); the accuracy (the names-the-plot-numbers (the consistency)); the legality (the statute’s-compliance (the Code’s-and-the-Registration’s-requirements)); the formality (the Nepali-paper (the margins (the 1.3’s))); the neutrality-then-the-protective (the client’s (the fair’s (the no-trick’s)));

1.2 Essential Components of a Well-Drafted Conveyancing Document

1. The title (the deed’s-name (the “Karar” (the type-clear)));
2. The parties’ (the executors’) (the full-names (the citizenship-numbers (the addresses (the ages (the “the-son/daughter/wife-of” identification (the minor’s-guardian’s-faces))))));
3. The recitals (the background’s (the WHEREAS’-world (the context (the purpose (the history))));
4. The testatum/consideration (the “now-therefore” (the price (the loan-amount (the exchange’s-value (the honest-valuation’s-discipline (the under-valuation’s-legal-risk))))));
5. The operative-clauses (the operative-part (the transfer’s (the obligations’ (the covenants’ (the terms’-numbered))));
6. The description of property (the kitta-and-the-plot (the area (the boundaries (the four-sides (the map’s-annex))));
7. The inheritance/party-status clauses (the “the-property-is-own-and-ancestral” declarations (the family’s-consent’s-faces (the wife’s-and-the-co-parceners’ (the 2063-and-the-2074’s-equality’s-faces))));
8. The indemnity-and-guarantee clauses (the defect’s-protection (the future-claims’-bar));
9. **The witnesses’ (the two’s (the names (the signatures (the identities))));
10. The execution (the parties’-signatures (the date (the place (the thumb’s (the literacy’s-faces)))); The registration (the Malpot’s (the office (the fee (the witness-examination (the original’s-deposit))));

1.3 Legal Language, Structure, Formatting and Paper Margin in Nepali Paper

1. The language’s: the formal (the precise (the no-slang (the defined-terms))); the Nepali’s-own (the “Kanooni Nepali” (the formal-register (the “hunu”/”garne” faces (the Legal-Nepali’s-course-note (the skipped-course’s-honest-mention: the practice’s-own-need)))); the English’s-parallel (the practice’s (the contract’s-English (the “whereas” (the hereby’s))));
2. The structure’s: the chronological (the title→parties→recitals→operative→witnesses); the numbered-paragraphs (the clause’s (the sub-clause’s)); the annexures’ (the A-B-C (the map’s (the citizenship’s (the receipt’s))));
3. The Nepali-paper’s-faces (the practical-exam!): the size’s (the official (the 34×22-cm-type-lore (the “Nepali-kagaz” standard)); the margin’s (the left-the-right-the-top-the-bottom (the binding-space (the left’s-wider (the sewing’s-need (the “dhago”‘s-lore (the file’s-filing)))))); the lines’ (the one-side (the neat (the no-overwriting (the clean-copy’s-discipline (the 6.1’s-handwriting’s)))); the pages’ (the numbering (the total’s-mention (the “iti-sak” (the end’s-mark (the Nepal-practice’s-famous-face)))));

Model Questions

1. What is conveyancing? Explain its principles. (10)
2. List the essential components of a conveyancing document. (10)
3. Describe the Nepali paper formatting requirements. (10)

📚 Get the complete notes: Download the full Clinical Law-II (Conveyancing) PDF (all units) — Law Info Nepal Original Notes Series.