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THE CONVEYANCING ACT
1
ARRANGEMENT OF SECTIONS
1. Short title.
I. Preliminary
- Limitation.
- Interpretation. 4. Old practice retained as to preparation, investigation, etc., of documents. 11. Sales and Other Transactions NOTICE 5. Notice.
COVENANTS FOR TITLE
6. Application of stated conditions of sale to all purchases. 7. Completion of contract after death. DISCHARGE OF^ INCUMBRANCES^ ON^ SALE 8. Provision by Court for incumbrances. and sale freed therefrom.
GENERAL WORDS
9. General words in conveyances of land or buildings. COVENANTS FOR TITLE 10. Covenants for title to be implied.
EXECUTION OF mRCHASE DEED
11. Rights of purchaser a5 to execution.
III. Leases
12. Rent and benefit of lessee’s covenants to run with reversion.
- Obligation of lessor’s covenants to run with reversion. 14. Apportionment of conditions on severance, etc.
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15. On subdemise, title to leasehold reversion not to be required.
- Contract for lease not part of title to lease.
FORFEITURE
17. Restrictions on and relief against forfeiture of leases.
IV. Mortgages
18. Obligation on mortgage to transfer instead of reconveying or
- Power for mortgagor to inspect title deeds. 20. Restriction on consolidation of mortgages.
satisfying the record.
LEASES
21. Leasing powers of mortgagor and of mortgagee in possession.
SALE, INSURANCE, RECEIVER,TIMBER
22. Powers incident to estate or interest of mortgagee. 23. Regulation of exercise of power of sale. 24. Conveyance, receipt, etc., on sale by mortgagee and application 25. Mortgagee’s receipts, discharges, etc. 26. Amount and application of insurance money. 27. Appointment, powers, remuneration and duties of Receiver.
of proceeds.
ACTIONRESPECTINGMORTGAGES
28. Sale of mortgaged property in action for foreclosure, etc.
V. Statutory Mortgage
- Form of statutory mortgage. 30. Statutory transfer of mortgage. 31. Implied covenants, joint and several. 32. Form of reconveyance of statutory mortgage.
VI. Trust and Mortgage Estates on Death
33. Devolution of trust and mortgage estates or death.
VII. Trustees and Executors
34. Retirement of trustee. 35. Powers of new trustees appointed by court.
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57. Receipt in deed sufficient. 58. Receipt in deed or indorsed, evidence for subsequent pmhaser.
- Receipt in deed or indorsed, authority for payment to attorney-at-law.
- Saciency of Fonns I. II. III and IV, in Second Schedule. 61. Covenants to bind heirs, etc. 62. Covenants to extend to heirs. etc. 63. Effect of covenant with two or more jointly.
- Effect of advance on joint account. 65. Conveyance of easements, etc., by way of use.
- Provision for all the estate, etc. 67. Construction of implied covenants.
wI. Long Terms
68. Enlargement of residue of long term into fee simple. xJv. Adoption ofActs 69. Protection of attorney-at-law and trustees adopting Act. XV. Miscellaneous 70. Persons not bemg admitted attorneys-at-lawpractising for reward, subject to penalties. 7 1. R e e o n s respecting notice. XVI. Court; Procedure; Orders 72. Regulations respectmg payments into Court and applicationsto the Court 73. Orders of Court conclusive. OPERATION OF CONVEYANCES 74. What conveyances of land are to have same aperation as lh or m e t y. SCHEDULE-FORMS
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cap. 73. Law 51 of 1957. ofAct1979.
THE CONVEYANCING ACT
[Ist December, 1889. 1st Sch.
1. This Act may be cited as the Conveyancing Act.^ Short^ title.
I. Preliminary
2. Nothing in this Act shall apply to land brought under Limitation the operation of the Registration of Titles Act.
- In this Act- Interpre- bation. “Property” unless a contrary intention appears, includes
real and personal property, and any estate or interest
in any property, real or personal, and any debt, and any thing in action, and any other right or interest in
the nature of property, whether in possession or not;
“Land” unless a contrary intention appears, includes land of any tenure, and tenements and hereditaments, cor- poreal or incorporeal, and houses and other buildings, also an undivided share in land;
“Income” in relation to land, includes rents and profits, and possession includes receipt of income;
“Conveyance” unless a contrary intention appears, includes assignment, appointment, lease, settlement and other assurance, and covenant to surrender, made by deed,
on a sale, mortgage, demise or settlement, of any
property, or on any other dealing with or for any
property; and convey, unless a contrary intention
appears, has a meaning corresponding with that of
conveyance; me inclusion of this page is authorized by L.N. 57/1980]
C O W EYANCING
merchantable, carrying away or disposing of, mines and minerals, or purposes connected therewith, and includes a grant or licence for mining purposes; "will" includes codicil; "instrument" includes deed, will, and Statute Law; "securities" includes stocks, fbnds, debentures and shares; "bankruptcy" includes liquidation by arrangement, and any other act or proceeding in law having, under any enactment for the time being in force, effects or results similar to those of bankruptcy; and bankrupt has a meaning corresponding with that of bankruptcy; "writing" includes print; and words referring to any instrument, copy, extract, abstract or other document, include any such instrument, copy, extract, abstract, or other document, being in writing or in print, or partly in writing and partly in print; "person" includes a corporation. The Supreme Court is referred to as "the Court"
- Nothing in this Act contained shall be taken to alter the oldpractice practice heretofore existing in this Island in conveyancing, by^ retained^ as^ to which where there is no agreement to the contrary the following investigation. conditions always attach- etc.. documznts.of
(a) The attorney-at-law of the vendor, lessor and mortgagee has the right to prepare and complete the conveyance, lease or mortgage. (b) The purchaser or lessee pays to the vendor or lessor one-half of the vendor's or lessor's costs so incurred, including stamping the conveyance or lease and, in the case of a lease, of recording it also. (c) The purchaser records his conveyance at his expense. [The inclusion of this page is authorized by L.N. 87120041
(4 The vendor perfects his title on the record at his own expense. (e) The mortgagor pays all the costs of the mortgage, including all the mortgagee's costs for investiga- ting the title and stamping and recording the mortgage. V) The purchaser on a sale examines into the vendor's title and approves of the conveyance at his sole cost. (g) No vendor is required to give to a purchaser any abstract of title, but in submitting the draft con- veyance he furnishes the purchaser's attorney-at-law with any information he may have of the title.
Il.-Sales and Other Transactions
NOTICE Notice. (^) 5.+1) A purchaser shall not be prejudicially affected by notice of any instrument, fact or thing, unless- (a) it is within his own knowledge or would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made by him; or (b) in the same transaction with respect to which a question of notice to the purchaser arises, it has come to the knowledge of his counsel as such, or of his attorney-at-law or other agent as such or would have come to the knowledge of his attorney-at-law or other agent as such if such inquiries and inspections had been made as ought reasonably to have been made by the attorney-at-law or other agent. (2) This section shall not exempt a purchaser from any liability under, or any obligation t o perform or observe, any covenant, condition, provision or restriction, contained in any instrument under which his title is derived, mediately
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if and as required, by fine, recovery, acknowledgement, enrolment or otherwise. (3) Where land sold is held by lease (not including under-lease), the purchaser shall assume, unless the contrary appears, that the lease was duly granted; and, on production of the receipt for the last payment due for rent under the lease before the date of actual completion of the purchase, he shall assume, unless the contrary appears, that all the covenants and provisions of the lease have been duly per-
formed and observed up to the date of actual completion
of the purchase. (4) Where land sold is held by under-lease, the purchaser shall assume, unless the contrary appears, that the under-lease and every superior lease were duly granted;
and on production of the receipt for the last payment due
for rent under the under-lease before the date of actual
completion of the purchase, he shall assume, unless the
contrary appears, that all the covenants and provisions of
the under-lease have been duly performed and observed up to the date of actual completion of the purchase, and fur-
ther that all rent due under every superior lease, and all
the covenants and provisions of every superior lease, have been paid and duly performed and observed up to that date.
(5) On a sale of any property, the expenses of the
production and inspection of all Statutes, whether of
Jamaica or of the United Kingdom, records, proceedings of
courts, deeds, wills, probates, letters of administration and
other documents, not in the vendor’s possession, and the
expenses of all journeys incidental to such production or
inspection, and the expenses of searching for, procuring, making, verifying and producing, all certificates, declara-
tions, evidences and information, not in the vendor’s pos-
session, and all attested, stamped, office or other copies, or
abstracts of or extracts from any Statutes or other docu- ments aforesaid not in the vendor’s possession, if any such
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production, inspection, journey, search, proCOring, makhg
or verifying is required by a purchaser, either for verification
of the title, or of any abstract delivered, or for zhy other
purpose, shall be borne by the purchaser who requires the
same; and where the vendor retains ppssessian Qf any do&-
ment, the expenses of making any copy thereof, attested or
unattested, which a purchaser requires to be delivered 40
Provided that the vendor may not retain any d&&nent. - <
relating only to the title of the property sold :
Provided also that nothing in this subsection shall
restrict the purchaser's rights to require at the expense'of
the vendor the enrolment in the Record Office of all
instruments necessarily making up his vendor's-title for the
period during which the vendor is required by law Qr-by
agreement to make title.
on sales properly so called, notwithstanding any hterpreta-
tion in t h i s Act.
(7) This section applies only if and as far as a con-
trary intention is not expressed in the contract of.sale, &d
shall have effect subject to the terms of the. &&act, I and
to the provisions therein contained.
(8) This &ion applies only to sales made aft&- the
commencement of this Act.
(9) Nothing in this section shall be constived as
binding a purchaser to complete his purchase & 'any .c8se
where, on a contract made independently of this section,
and containing stipulations similar to the provisions of this
section, or any of them, specific perfomince of the c6ntract J ...
would not be edorced agaihsthim 6y the COUit.' - - , -
him, shall be borne by that purchaser: A.
n
(6) This section applies only to titles and purchasers ". ? - .~
.I.
7i-(l) Where at the death of any person'there is sub- amptetion
of cootract
sisting a contract enforceable against -- his." heir_- u. r devis6e- - - - for after death.
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the Court thinks fit, declare the land to be freed from the incumbrance, and make any order for conveyance, or vesting order, proper for giving effect to the sale, and give directions for the retention and investment of the money in court. (3) After notice served on the persons interested in or entitled to the money or fund in court, the Court may direct payment or transfer thereof to the persons entitled
to receive or give a^ discharge for the same, and generally
may give directions respecting the application or distribu- tion of the capital or income thereof.
(4) This section applies to sales not completed at the
commencement of this Act, and to sales thereafter made.
GENERALWORDS
9.-(1) A conveyance of land shall be deemed to include General and shall by virtue of this Act operate to convey with the conveyances land, all buildings, erections, fixtures, commons, hedges, :E&!: ditches,. fences, ways, waters, watercourses, liberties, privileges, easement s, rights and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or at the time of conveyance demised, occupied
or enjoyed therewith, or reputed or known as part or parcel
of or appurtenant to the land, or any part thereof.
(2) A conveyance of land having houses or other
buildings thereon shall be deemed to include, and shall by virtue of this Act operate to convey with the land, houses
or other buildings, all outhouses, erections, fixtures, cellars,
areas, cQurts, courtyards, cisterns, sewers, gutters, drains, ways, I .I ,. passages, lights, watercourses, liberties, privileges,
easements,.,.. .rights and; advantages, whatsoever, appertain-
ing or reputed to appertain to the land, houses, or-other
buildings conveyed, or any of them, or ariy part thereof, or at the time of conveyance demised, occupied or enjoyed with
words in
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Covenants for title to be implied.
In convey- ances for value by beneficial owner.
or reputed or known as part or parcel of or appurtenant to, the land, houses or other buildings conveyed, or any of them, or any part thereof.
(3) This section applies only if and as far as a con-
trary intention is not expressed in the conveyance, and shall have effect subject to the terms of the conveyance, and to the provisions therein contained.
(4) This section shall not be construed as giving to
any person a better title to any property, right or thing, in this section mentioned than the title which the conveyance gives to him to the land expressed to be conveyed, or as conveying to him any property, right or thing in this section
mentioned, further or otherwise than as the same could
have been conveyed to him by the conveying parties. (5) This section applies only to conveyances made after the commencement of this Act.
COVENANTS FOR TITLE
10.41) In a conveyance there shall in the several cases
in this section mentioned be deemed to be included, and
there shall in those several cases by virtue of this Act be implied, a covenant to the effect in this section stated, by
the person or by each person who conveys, as far as regards
the subject matter or share of subject matter expressed to
be conveyed by him, with the person, if one, to whom the
conveyance is made, or with the persons jointly, if^ more
than one, to whom he conveyance is made as joint tenants,
or with each of the person& if more than one, to whom the conveyance is made as tenants in common, that is to say-
(A) In a conveyance for valuable consideration, other than
a mortgage, the following covenant by a person who conveys
and is expressed to convey as beneficial owner, namely-
that, notwithstanding anything by the person who SO
conveys, or any one through whom he derives title me inclusion of this page is authorized by L.N. 480/
through or under any one through whom the person who so conveys derives title otherwise than by purchase for value; and further, that the person who so^ conveys, and any person conveying by his direction, and every other person having or right- fully claiming any estate or interest in the subject matter of conveyance, other than an estate or interest subject whereto the conveyance is expressly made, by, through, under or in trust for, the person who so conveys, or by, through or under any person conveying by his direction, or by, through or under
any one through whom the person who so conveys
derives title otherwise than by purchase for value,
will, from time to time and at all times after the
date of the conveyance, on the request and at the cost of any person to whom the conveyance is expressed to be made, or of any person deriving title under him, execute and do all such lawful
assurances and things for further or more perfectly
assuring the subject matter of the conveyance to the person to whom the conveyance is made, and
to those deriving title under him, subject as, if SO
expressed, and in the manner in which the con-
veyance is expressed to be made, as by him or them
or any of them shall be reasonably required; (in which covenant a purchase for value shall not be deemed to include 8 conveyance in consideration of marriage).
Inconvey- (B) .In a conveyance of leasehold property for valuable leasehold consideration, other than a mortgage, the following further propertyforvalue, by covenant by a person who conveys and is expressed to
beneficial convey as beneficial owner, namely-
that notwithstanding anything by the person who so conveys, or any one through whom he derives title otherwise than by purchase for value, made, done, executed or omitted, or knowingly suffered, the
ances of
owner.
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lease or grant creating the term or estate for which the land is conveyed is, at the time of conveyance, a good, valid and effectual lease or grant of the property conveyed, and is in full force, unfor- feited, unsurrendered, and in nowise become void or voidable, and that, notwithstanding anything as aforesaid, all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee, and the persons deriving title under him, to be paid, observed and performed, have been paid, observed and performed, up to the time of conveyance; (in which covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage).
(c) In a conveyance by way of mortgage, the following In covenant by a person who conveys and is expressed to mortgagesbybene-
convey as beneficial owner, namely- ficial^ owner.
that the person who so conveys has, with the concur- rence of every other person, if any, conveying by his direction, full power to convey the subject matter expressed to be conveyed by him, subject as, if so expressed and in the manner in which it is expressed to be conveyed; and also that if default is made in payment of the money intended to be secured by the conveyance, or any interest thereon, or any part of that money or interest, contrary to any provisions in^ the conveyance, it shall be lawful for the person to whom the conveyance is expressed to be made, and the persons deriving title under him, to enter into and upon, or receive and thence-
forth quietly hold, occupy and enjoy, or take and
have, the subject matter expressed to be conveyed, or any part thereof, without any lawful interrup- tion or disturbance by the person who so conveys, nhe inclusion of this page is authorized by L.N. 480/1973]
that the lease or grant creating the term or estate for which the land is held is, at the time of convey- ance, a good, valid and effectual lease or grant of the land conveyed, and is in full force, unforfeited and unsurrendered, and in nowise become void or
voidable, and that all rents reserved by, and all
the covenants, conditions and agreements, con- tained in, the lease or grant and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, have been paid, observed and performed, up to the time of conveyance; and also that the person so conveying or the persons deriving title under him, will, at all times, as long as any money remains on the security of the conveyance, pay, observe and perform, or cause to be paid, observed and per- formed, all the rents reserved by, and all the covenants, conditions and agreements, contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, and will keep the person to whom the conveyance is made, and those deriving title under him, indemnified
against all actions, proceedings, costs, charges,
damages, claims and demands, if any, to be incurred or sustained by him or them by reason of the non-payment of such rent, or the non-observ- ance or non-performance of such covenants, conditions and agreements, or any of them.
(E) In a conveyance by way of settlement, the following In settle- covenant by a person who conveys and is expressed to ments*
convey as settlor, namely-
that the person so conveying, and every person deriving title under him by deed, or act or operation of law, in his life time subsequent to that conveyance, or [The inclusion of this page is authorized by L.N. 480/1973]
\
20 CONVEYANCZNG
In convey- ances by trustee or mortgagee.
In convey- ances by direction of beneficial owner.
by testamentary disposition or devolution in law
on his death, will, from time to time, and at all times, after the date of that conveyance, at the request and cost of any person deriving title there- under, execute and do all such lawful assurances and things for further or more perfectly assuring the subject matter of the conveyance to the persons to whom the conveyance is made, and those deriv-
ing title under them, subject as, if so expressed,
and in the manner in which the conveyance is
expressed to be made, as by them or any of
them shall be reasonably required.
(F) In any conveyance, the following covenant by every
person who conveys and is expressed to convey as trustee
or mortgagee, or as personal representative of a deceased
person, or as committee of a lunatic so found by inquisition
or under an order of the Court, which covenant shall be
deemed to extend to every such person’s own acts only,
namely- that the person so conveying has not executed or done, or knowingly suffered or been party or privy to, any deed or thing whereby or by means whereof
the subject matter of the conveyance, or any part
thereof, is or may be impeached, charged, affected
or incumbered, in title, estate or otherwise, or
whereby or by means whereof the person who SO
conveys is in anywise hindered from conveying the
subject matter of the conveyance, or any part
thereof in the manner in which it is expressed to be conveyed.
(2) Where in a conveyance it is expressed that by
direction of a person expressed to direct as beneficial owner
another person conveys, then, within this section, the person giving the direction, whether he conveys and is expressed to convey as beneficial owner or not, shall be deemed to phe inclusion of .this page is authorized by L.N. 480/1973]
