Land Settlement Act

Link to law: http://laws.gov.ag/acts/chapters/cap-237.pdf
Published: 1939

Land Settlerunt (CAP. 237 1

CHAPTER 237

THE LAND SETTLEMENT ACT

Arrangement of Sections
Section

1. Short title.

PART I - PRELIMINARY

2. Interpretation.
3. Power to declare Crown Land as land settlement area.
4. Appropriation of lands for establishment of small

holdings.

PART I1 - RESTRICTION ON DEALINGS WITH
LANDS ALLOTTED AND SOLD FOR SMALL

HOLDINGS AND THE CROPS THEREON

5. Restriction on dealing with small holdings.

PART I11 - MISCELLANEOUS

6. Regulations.

LAWS OF ANTIGUA AND BARBUDA

Land Settlement (CAP. 237 3

LAND SETTLEMENT

1. This Act may be cited as the Land Settlement Act. Short title.

PART I - PRELIMINARY

2. In this Act- Interpretation.

"small holder" means the holder of a small holding;

"small holding" means an agricultural holding allot-
ted from lands declared to be a Land Settlement
area under section 3.

3. The Cabinet may by order declare any area of E:r;n2$dc',","
Crown Land in Antigua and Barbuda to be a Land Settle- land settle,,nt
ment area. area.

4. (1) Land declared to be a Land Settlement area kp,pd,";:Pn of
shall be deemed to be appropriated to the uses of establishing establishment of
and locating small holdings thereon under such system of small holdings.
administration and disposal thereof as the Cabinet may by
rules made under this Act prescribe.

(2) The Cabinet may sell, exchange, let or otherwise
dispose of any such land as may not be required for such uses.

PART I1 - RESTRICTION O N DEALINGS WITH
LANDS ALLOTTED AND SOLD FOR SMALL

HOLDINGS AND T H E CROPS THEREON.

5 . (1) NO small holder shall let, sell, incumber or Restriction aa
dealin with

otherwise deal with (except by way of devise) any small ,,all [olding*,
holding or any right title or interest thereto without the con-
sent of the Governor-General in writing:

Provided that on the decease of a small holder if the
small holding would, by reason of any devise, bequest,

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 237) Land Settlement

intestacy or otherwise, become sub-divided, the Governor-
General may require the small holding to be sold within
twelve months after such decease to some one person, and
the proceeds of such sale to be distributed among the parties
entitled thereto excluding creditors:

Provided further that the Governor-General shall pay
due regard to the legal and moral rights of the members of
the family of a deceased small holder in the event of such sale.

(2) So long as any amount shall be due and owing in
respect of the purchase price of a small holding, no crop
or part thereof shall be sold, incumbered or otherwise dealt
with without the consent in writing of the Governor-General.

(3) Every dealing or attempted dealing with a small
holding in contravention of the provisions of this section shall
be void and on such contravention the small holding shall
revest in the Governor-General.

Cap. 227.
Cap. 429.

Regulations.

(4) Notwithstanding anything contained in section 3 of
the Judgments Act, and section 109 of the Title by Registra-
tion Act, a judgment for the payment of money shall not
operate as or constitute a charge upon a small holding and
the provisions of the said Acts (which relate to the sale of
a judgment debtor's land) shall not apply to a small holding.

PART I11 - MISCELLANEOUS

6. (1) The Cabinet may make regulations for all or
any of the following purposes-

(a) regulating the system of establishing and
locating small holders of Land Settlement areas and of
making advances to them;

(6) the administration and disposal of small
holdings and all matters connected therewith or inciden-
tal thereto;

(6) providing for the clearance and maintenance
of paths and drains on such lands;

(6) controlling and prohibiting the cultivation of
certain kinds of crops on small holdings and prescrib-
ing the conditions under which such holdings may be

LAWS OF ANTIGUA AND BARBUDA

Land Settlement (CAP. 237

cultivated, including the cultivation thereon of certain
specified crops;

(e) prescribing the terms and conditions on or sub-
ject to which small holdings are to be sold;

V) prescribing the forms to be used under this Act;
(g) the further and better carrying into effect the

purposes of this Act.

(2) All such regulations, before they shall have any force
or effect shall be laid before the Legislature and such
Legislature may approve, or amend the same.
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