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Various definitions and provisions under the Jamaican Conveyancing Act, including definitions for terms such as 'property,' 'land,' 'income,' 'conveyance,' 'mortgage,' 'purchaser,' and 'rent.' It also includes provisions regarding expenses, trustees, and long terms.
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ARRANGEMENT OF SECTIONS
1. Short title.
I. Preliminary
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.
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15. On subdemise, title to leasehold reversion not to be required.
FORFEITURE
17. Restrictions on and relief against forfeiture of leases.
IV. Mortgages
18. Obligation on mortgage to transfer instead of reconveying or
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
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.
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.
[Ist December, 1889. 1st Sch.
I. Preliminary
2. Nothing in this Act shall apply to land brought under Limitation the operation of the Registration of Titles Act.
in any property, real or personal, and any debt, and any thing in action, and any other right or interest in
“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,
property, or on any other dealing with or for any
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"
(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
[The inclusion of this page is authorized by L.N. 87120041
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-
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;
completion of the purchase, he shall assume, unless the
the under-lease have been duly performed and observed up to the date of actual completion of the purchase, and fur-
the covenants and provisions of every superior lease, have been paid and duly performed and observed up to that date.
production and inspection of all Statutes, whether of
courts, deeds, wills, probates, letters of administration and
inspection, and the expenses of searching for, procuring, making, verifying and producing, all certificates, declara-
abstracts of or extracts from any Statutes or other docu- ments aforesaid not in the vendor’s possession, if any such
of the title, or of any abstract delivered, or for zhy other
the vendor the enrolment in the Record Office of all
shall have effect subject to the terms of the. &&act, I and
(8) This &ion applies only to sales made aft&- the
section, or any of them, specific perfomince of the c6ntract J ...
n
(6) This section applies only to titles and purchasers ". ? - .~
.I.
of cootract
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
may give directions respecting the application or distribu- tion of the capital or income thereof.
commencement of this Act, and to sales thereafter made.
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
buildings thereon shall be deemed to include, and shall by virtue of this Act operate to convey with the land, houses
areas, cQurts, courtyards, cisterns, sewers, gutters, drains, ways, I .I ,. passages, lights, watercourses, liberties, privileges,
buildings conveyed, or any of them, or ariy part thereof, or at the time of conveyance demised, occupied or enjoyed with
words in
[The- inclusion of this page is authorized by L.N. 4801 19731
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.
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.
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
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
there shall in those several cases by virtue of this Act be implied, a covenant to the effect in this section stated, by
or with each of the person& if more than one, to whom the conveyance is made as tenants in common, that is to say-
and is expressed to convey as beneficial owner, namely-
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
derives title otherwise than by purchase for value,
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
assuring the subject matter of the conveyance to the person to whom the conveyance is made, and
expressed, and in the manner in which the con-
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
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.
[The inclusion of this page is authorized by L.N. 480/1973]
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-
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
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
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*
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.
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-
and in the manner in which the conveyance is
them shall be reasonably required.
(F) In any conveyance, the following covenant by every
person, or as committee of a lunatic so found by inquisition
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
conveys is in anywise hindered from conveying the
thereof in the manner in which it is expressed to be conveyed.
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]