Registered Land (CAP. 374 1

CHAPTER 374

THE REGISTERED LAND ACT

Arrangement of Sections
Section

PART I

PRELIMINARY

1. Short title.
2. Interpretation.
3. Reconciliation with other laws.

PART I1

ORGANIZATION AND ADMINISTRATION

DIVISION 1 -LAND REGISTRIES AND OFFICERS

4. Registration District.
5. Registrar.
6. General powers of Registrar
7. Indemnity of officers.
8. Seal of registry.

9. The Land Register and the Land Adjudication Act.
10. Compilation of the Land Register.
11. Manner of registration.
12. Cancellation of obsolete entries.
13. New editions of Register.

14. Registry Map and Land Adjudication Act.
15. Correction of the Registry Map and new editions.
16. Mutation.
17. General boundaries.

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2 CAP. 374) Registered Land

18. Fixed boundaries.
19. Maintenance of boundary features.
20. Interference with boundary features.
2 1 . Gombinations and subdivisions.
22. Reparcellation.

PART I11

EFFECT OF REGISTRATION

23. Effect of registration with absolute title.
24. Effect of registration with provisional title.
25. Effect of registration of a lease.
26. Effect of registration of Crown land.
27. Voluntary transfer.
28. Overriding interests.
29. Conversion of provisional into absolute title.
30. Entries to constitute actual notice.

PART IV

CERTIFICATE AND SEARCHES

31. Land certificates and certificates of lease.
32. Production of certificate.
33. Dispositions of leases and charges.
34. Lost or destroyed certificates.
35. Searches and copies.
36. Evidence.

PART V

DISPOSITIONS

37. Subsequent dealings.
38. Protection of persons dealing in registered land.
39. Additional fee for delayed registration.
40. Power to compel registration.
41. Priority of registered interests.
42. Stay of registration.
43. Merger of registered interests.

44. Leases.

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Registered Land (CAP. 374 3

45. Periodic tenancies.
46. Registration of leases.
47. Lessor's consent to dealing with lease.
48. Lease of charged land.
49. Duration of leases.
50. Future leases.
5 1. Holding over.
52. Agreements implied in leases on part of lessor.
53. Agreements implied in leases on part of lessee.
54. Meaning of "in repair".
55. Lessor's right of forfeiture and effect of forfeiture of

sub-leases.
56. Notice before forfeiture.
57. Relief against forfeiture.
58. Variation and extension of leases.
59. Substitution of leases.
60. Subleases.
61. Surrender of leases.
62. Determination of leases.
63. Voluntary registration of leases.

64. Form and effect of charges.
65. Second or subsequent charge.
66. Presumption that money paid is interest.
67. Agreements implied in charges.
68. Chargee's consent to transfer.
69. Variation of charges.
70. Right of redemption.
71. Right of third party to transfer of charge.
72. Chargee's remedies.
7 3. Appointment powers, remuneration and duties of

receiver.
74. Chargee's powers of leasing.
75. Chargee's power of sale.
76. Application of purchase money.
77. Variation of powers.
78. No right of entry into possession or foreclosure.
79. Discharge of charge.
80. Satisfaction of charges.
81. Tacking and further advances.
82. Consolidation.

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4 CAP. 374) Registered Land

83. Transfers.
84. Certificate as to payment of rates, taxes, etc.
85. Conditional transfers not registrable.
86. bonditions repugnant to interest transferred.
87. Transfer of part.
88. Transfer of leases.
89. Effect of transfer on agreement in leases.
90. Transfer of land or lease subject to charge.
91. Transfer of land subject to lease.
92. Transfer of unregistered leases.

93. Easements.
94. Restrictive agreements.
95. Profits.
96. Release and extinguishment of easements, restrictive

agreements and profits.
97. Discharge and modification of easement, restrictive

agreements and profits.
98. Natural rights.
99. Licences.

DIVISION 6-CO-PROPRIETORSHIP AND PARTITION

100. Registration of more than one proprietor.
101. Characteristics of joint proprietorship and severance

thereof.
102. Characteristics of proprietorship in common.
103. Partition of land owned in common.
104. When Registrar may order sale.
105. Procedure where share is small.

PART VI

INSTRUMENTS AND AGENTS

106. Form of instrument.
107. Execution of instruments.
108. Verification of execution.
109. Stamps, taxes and licence.
110. Disposal of instruments.
11 1. Minors.
112. Agents and persons under disability.

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1 13. Gift to person under disability.
114. Powers of attorney.
115. Effect of registered power of attorney.

PART VII

TRANSMISSIONS AND TRUSTS

116. Transmission on death of joint proprietor.
1 17. Transmission on death of sole proprietor or proprietor

in common.
118. Effect of transmission by death.
119. Transmission on bankruptcy.
120. Liquidation.
12 1. Transmission by compulsory acquisition or judgment

of court.
122. Trusts.
123. Survivor of trustees.

PART VIII

RESTRAINTS ON DISPOSITION

DIVISION 1-INHIBITION
124. Power of Court to inhibit registered dealings.
125. Effect of inhibition.
126. Cancellation of inhibition.

127. Lodging of cautions.
128. Notice and effect of cautions.
129. Withdrawal and removal of cautions.
130. Second caution in respect of the same matter.
13 1. Wrongful cautions.

DIVISION 3-RESTRICTIONS

132. Restrictions.
133. Notice and effect of restrictions.
134. Removal and variation of restrictions.

PART IX

PRESCRIPTION

135. Acquisition of land by prescription.
136. Principles of possession.

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13 7. Procedure on application.
138. Acquisition of easements and profits by prescriptions.

PART X
1

RECTIFICATION AND COMPENSATION

139. Rectification by Registrar.
140. Rectification by Court.
141. Right of compensation.
142. Amount of compensation.
143. Procedure for claiming compensation.
144. Recovery of compensation paid.
145. Errors in survey.

PART XI
DECISIONS OF REGISTRAR AND APPEALS

146. Power of Registrar to state case.
147. Appeals.
148. Effect of appeals on disposition.
149. Appeal Rules.

PART XI1
MISCELLANEOUS

150. Addresses.
15 1. Service of notices.
152. Meaning of "opportunity of being heard".
153. Offences.
154. Fees.
155. Recovery of fees and expenses.
156. Enforcement of Registrar's orders for payment.
15 7. Jurisdiction of Courts.
158. Rules.
159. Saving of rights.
160. Act to bind Crown and Government.
161. Other Law.

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Registered Land (CAP. 374 7

REGISTERED LAND

(30th December, 1975.)

PART I

PRELIMINARY

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

2. In this Act, except, where the context otherwise Inte~retation.
requires-

"application book" means the application book kept
under section 4 (6);

"charge" means an interest in land securing the pay-
ment of money or money's worth or the fulfilment
of any conditions, and includes a subcharge and
the instrument creating a charge;

"chargee" means the proprietor of a charge;

"chargor" means the proprietor of charged land or of
a lease or charge;

'6 Court" save as is otherwise expressly provided, means
the High Court;

"dealing" includes disposition and transmission;

"disposition" means any act inter uivos by a proprietor
whereby his rights in or over his land, lease or
charge are affected, but does not include an agree-
ment to transfer, lease or charge;

"easement" means a right attached to a parcel of land
which allows the proprietor of the parcel either to
use the land of another in a particular manner or

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8 CAP. 374) Registered Land

to restrict its use to a particular extent, but does
not include a profit;

"to file" means to place in relative parcel file;
1

"guardian" means any person responsible for protec-
ting the interests of any person who is under a
disability, whether by reason of age, unsoundness
of mind or any other cause;

" instrument" includes any deed, judgment, decree,
order or other document requiring or capable of
registration under this Act;

"interest" in land includes absolute ownership of land;

"land" includes land covered with water, all things
growing on land and buildings and other things
permanently affixed to land;

"Land Register" means the Land Register compiled
under Division 2 of Part 11;

'6 lease" means the grant, with or without considera-
tion, by the proprietor of land of the right to the
exclusive possession of his land, and includes the
right so granted and the instrument granting it,
and also includes a sublease, but does not include
an agreement for lease;

"lessee" means the holder of a lease;

"lessor" means the proprietor of leased land;

L 6 licence" means a permission given by the proprietor

of land or a lease which allows the licensee to do some act
in relation to the land or the land comprised in the lease
which would otherwise be a trespass, but does not include
an easement or a profit;

"minor" means a person under the age of eighteen
years;

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Registered Land (CAP. 374 9

"parcel" means an area of land separately delineated
on the Registry Map and given a number;

"periodic tenancy" means a tenancy from year to year,
half year to half year, quarter to quarter, month to month,
week to week or the like;

"personal representative" means executor of the will
or administrator of the estate;

"profit" means the right to go on the land of another
and take a particular substance from that land, whether the
soil or products of the soil;

L' proprietor" means the person registered under this
Act as the owner of land or a lease or a charge;

"the register" means the leaf of the Land Register kept
in respect of a parcel of land or of a registered lease;

' 6 to register" means to make an entry, note or record
in the register under this Act, and "registered",
6 L unregistered" and "registration" bear corresponding

meanings;

"Registrar" means the Registrar of lands appointed
under section 5;

"registration section" means a registration section
established under section 14;

"registry" means the land registry established under
section 4;

"Registry Map" means the map or series of maps refer-
red to in section 14;

"transfer" means the passing of land, a lease or a charge
by act of the parties and not by operation of law, and also
the instrument by which such passing is effected but does
not include an agreement to transfer.

6' transmission7' means the passing of land, a lease or
a charge from one person to another by operation of law

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10 CAP. 374) Rgistered Land

on death or insolvency or otherwise howsoever, and includes
the compulsory acquisition of land under any written law;

< d trustee" includes personal representative;
1

< < valuable consideration" includes marriage, but does
not include a nominal consideration.

Reconciliation
with other laws.

3. (1) Except as otherwise provided in this Act, no
other law and no practice or procedure relating to land shall
apply to land registered under this Act so far as it is incon-
sistent with this Act:

Provided that, except where a contrary intention appears
nothing contained in this Act shall be construed as permitting
any dealing which is forbidden by the express provisions of
any other law or as overriding any provision of any other
law requiring the consent or approval of any authority to
any dealing.

(2) The provisions of this Act shall apply only to land,
interests in land or dealings in land registered under this Act.

PART I1

ORGANIZATION AND ADMINISTRATION

Registration
District.

4. For the purposes of this Act there shall be
established and maintained at Saint John's in the island of
Antigua a land registry in which there shall be kept-

(a) a register, to be known as the Land Register,
in accordance with Division 2 of this Part;

( b ) a map to be known as the Registry Map, in
accordance with Division 3 of this Part;

(c) parcel files containing the instruments which
support subsisting entries in the Land Register and any
filed plans and documents;

(6) a book to be known as the application book
in which shall be kept a record of all applications
numbered consecutively in the order in which they are
made at the registry;

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(e) an index, in alphabetical order, of the names
of the proprietors of land, leases and charges, showing
the numbers of the parcels in which they are interested;
and

Cf) a register and file of powers of attorney;

5 . ( 1 ) The Public Service Commission may appoint Registrar.
a Registrar of Lands who shall be responsible for administer-
ing the land registry in accordance with this Act; but where
no such appointment is made the Registrar of the Supreme
Court shall be the Registrar of Lands by virtue of his office.

(2) Nothing done or omitted to be done by any person
duly appointed as Registrar of the Supreme Court in the
performance or purported performance of the functions and
duties of Registrar of Lands shall be or be deemed to be
invalid by reason only that such person had not been
appointed by the Public Service Commission.

6. The Registrar may exercise the following powers General of Registrar. powers
in addition to any other powers conferred on him by this
Act, that is to say-

(a) he may require any person to produce any
instrument, certificate or other document or plan relating
to the land, lease or charge in question, and that per-
son shall produce the same;

(b ) he may summon any person to appear and give
any information or explanation respecting land, a lease
or a charge, or any instrument, certificate or other docu-
ment or plan relating to the land, lease or charge in
question, and such person shall appear and give such
information or explanation;

(c) he may refuse to proceed with any registration
if any instrument, certificate or other document, plan,
information or explanation required to be produced or
given is withheld or any act required to be performed
under this Act is not performed;

(6 ) he may administer oaths or take a declaration
in lieu thereof, and may require that any proceedings,
information or explanation shall be verified on oath or
by statutory declaration;

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12 C A P . 374) Registered Land

(e) he may order that the costs, charges and
expenses incurred by him or by any person in connec-
tion with any investigation or hearing held by him for
the purpose of this Act shall be borne and paid by such
person in such manner and in such proportions as he
may think fit, and the amount of any such costs, charges
and expenses as shall have been incurred by the
Registrar shall be deemed to be a fee to which the pro-
visions of sections 154 and 155 of this Act shall apply.

Indemnity of
officers.

7. The Registrar shall not, nor shall any other officer
of the registry be, liable to any action or proceeding for or
in respect of any act or matter done or omitted to be done
in good faith in the exercise or supposed exercise of the powers
of this Act, or any regulations made thereunder.

Seal of registry. 8. The registry shall have a seal, and every instru-
ment purporting to bear the imprint of such seal shall be
received in evidence and, unless the contrary is shown, shall
be deemed without further proof to be issued by or under
the direction of the Registrar.

The Land
Register and the

9. (1) The Land Register shall comprise a register
Land in respect of every parcel which has been adjudicated in
Adjudication Act. accordance with the Land Adjudication Act and a register
Cap. 234. in respect of each lease required by this Act to be registered.

(2) Each register shall show whether the land is private
land or Crown Land and, in respect of private land, whether
the title is absolute or provisional, and shall be divided into
three sections as follows-

A the property section, containing a brief descrip-
tion of the land or lease, together with particulars of
its appurtenances and, where the title is provisional,
of the information recorded in the adjudication record
under section 16 (1) (d) of the Land Adjudication Act,
and a reference to the Registry Map and filed plan, if
any;

B the proprietorship section, containing the name,
and, where possible, address of the proprietor and a

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Registered Land (CAP. 374 13

note of any inhibition, caution or restriction affecting
his right of disposition;

C the incumbrances section, containing a note of
every incumbrance and every right adversely affecting
the land or lease.

(3) No entry shall be required in the proprietorship sec-
tion of land which is described as Crown Land.

10. (1) Whenever an adjudication record has become Z,",PP;? of
final under section 23 of the Land Adjudicatioi~ Act and the Register.
Adjudication Officer has delivered the adjudication record
to the Registrar, the Registrar shall prepare a register for
each parcel shown in the adjudication record and for any
lease required to be registered, and shall register therein any
of the particulars in the adjudication record which requires
registration.

(2) Any person having an interest in any parcel
registered under the Title by Registration Act shall be given Cap. 429.
notice by the Registrar in writing that the particulars of his
registration have been transferred to the Land Register com-
piled under this Act and thereupon the Title by Registra-
tion Act shall cease to apply to such parcel and this Act shall
apply thereto.

(3) On receipt of such notice the owner of a title
registered under the Title by Registration Act shall, unless
his certificate of title has been retained by the recording
officer, surrender such certificate to the Registrar and shall,
if he so requests, be given a land certificate or certificate
of lease under this Act without payment of any fee prescribed.

11. ( I ) The first registration of any parcel shall be g;;;;;t;',
effected by the preparation of a register in accordance with
the provisions of section 9 of this Act and the signing by
the Registrar of the particulars of the ownership and the par-
ticulars of incumbrances, if any, appearing thereon.

(2) Every subsequent registration shall be effected by
an entry in the register in such form as the Registrar may
from time to time direct, and by the cancellation of the entry,
if any, which it replaces.

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14 CAP. 374) Registered Land

Cancellation of
obsolete entries.

12. The Registrar may cancel any entry in the register
which he is satisfied has ceased to have any effect.

New editions of
Register.

13. The Registrar may at any time open a new edition
of a ;egister showing only subsisting entries and omitting
therefrom all entries that have ceased to have any effect.

DIVISION 3-MAPS, PARCELS AND BOUNDARIES
Registry Map
and Land 14. (1) The Registry Map shall be compiled from
Adiudication ~ c t . the demarcation maps made under the Land Adjudication

Act, and shall be dkided into registration sections which,
so far as is possible, shall have the same boundaries and
names as the adjudication sections; the registration sections,
where the adjudication sections are so divided, shall be
divided into blocks which shall be given the same letters or
numbers or combinations of letters and numbers as are given
on the demarcation maps.

(2) The parcels in each registration section or block shall
be numbered consecutively following the numbering in the
adjudication proceedings, and the name of the registration
section and the number or letter of the block (if any), and
the number of the parcel shall together be a sufficent reference
to any parcel.

(3) The Registrar may, at any time, cause registration
sections or blocks to be combined or divided, or cause their
boundaries to be varied.

(4) A plan may be filed in respect of a particular parcel
to augment the information available from the registry map,
and the filing of the plan shall be noted in the register.

Correction of the 15. (1) The Registrar may cause to be made a survey Registry Map
and new of any land for the purposes of this Act and, after informing
editions. every person affected thereby, may cause the Registry Map

to be corrected as a result of such survey.

(2) The Registrar may, at any time, direct the prepara-
tion of a new Registry Map or any part thereof, and there
may be omitted therefrom any matter which the Registrar
considers obsolete.

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16. (1) On the application of a proprietor of land, Mutation.
and subject to the agreement of all persons affected thereby,
the Registrar may order alteration of the Registry Map, but
no such alteration shall be effected except on the instruc-
tions of the Registrar in writing in the prescribed form, to
be known as a mutation form and the mutation form shall
be filed.

(2) Whenever the boundary of a parcel is altered on
the Registry Map, the parcel number shall be cancelled and
the parcel shall be given a new number.

17. (1) Except where, under section 18, it is noted ::>tries.
in the register that the boundaries of a parcel have been fued,
the Registry Map and any filed plan shall be deemed to
indicate the approximate boundaries and the approximate
situation only of the parcel.

(2) Where any uncertainty or dispute arises as to the
position of any boundary, the Registrar, on the application
of any interested party, shall, on such evidence as the
Registrar considers relevant, determine and indicate the posi-
tion of the uncertain or disputed boundary.

(3) Where the Registrar exercises the power conferred
by subsection (2), he shall make a note to that effect on the
Registry Map and in the register and shall file such plan
or description as may be necessary to record his decision.

(4) No Court shall entertain any action or other pro-
ceedings relating to a dispute as to the boundaries of
registered land unless the boundaries have been determined
as provided in this section.

(5) Except where, as aforesaid, it is noted in the register
that the boundaries of a parcel have been fixed, the Court
or the Registrar may, in proceedings concerning the parcel,
receive such evidence as to its boundaries and situation as
it or he thinks fit.

18. (1) If the Registrar in his discretion considers it E,"U',ddaries.
desirable to indicate on a filed plan, or otherwise to define
in the register, the precise position of the boundaries of a
parcel or any parts thereof, or if any interested person makes

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16 CAP. 374) Registered Land

application to the Registrar, the Registrar shall give notice
to the owners and occupiers of the land adjoining the boun-
daries in auestion of the intention to ascertain and fix the
boundaries.

I

(2
ing by
heard,

) The Registrar shall, after giving all persons appear-
the register to be affected an opportunity of being
cause to be defined by survey the precise position

of the boundaries in question, file a plan containing the
necessary particulars and make a note in the register that
the boundaries have been fixed, and thereupon the plan shall
be deemed to define accurately the boundaries of the parcel.

Maintenance of
boundary

19. (1) Every proprietor of land shall maintain in
features. good order any features which demarcate his boundaries,

whether established pursuant to the requirements of any other
law or pursuant to an order of the Registrar or of the pro-
prietor's own accord.

(2) The Registrar may in writing order the demarca-
tion within a specified time of any boundary in such perma-
nent manner as he may direct, and any person who fails
to comply with such an order shall be guilty of an offence
and liable on summary conviction to a fine of three hundred
dollars.

(3) The Registrar may in writing order which of
adjoining proprietors shall be responsible for the care and
maintenance of any feature demarcating a common boun-
dary, and any proprietor so ordered to be responsible who
allows the boundary feature or any part of it to fall into
disrepair or to be destroyed or removed shall be guilty of
an offence and liable on summary conviction to a fine of
three hundred dollars.

Interference with 20. ( 1 ) Any person who wilfully defaces, removes,
boundary
features. injures or otherwise impairs any boundary feature or any

part of it unless authorized to do so by the Registrar shall
be guilty of an offence and liable on summary conviction
to a fine of fifteen hundred dollars and to imprisonment for
three months.

(2) Any person convicted of such an offence, whether
or not any penalty therefor is imposed upon him, shall be

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Registered Land (CAP. 374

liable to pay the cost of restoring the boundary feature, and
such cost shall be recoverable as a civil debt by any person
responsible under section 19 for the maintenance of the
feature.

2 1. (1) Where contiguous parcels are owned by the Combinations
and subdivisions. same proprietor and are subject in all respects to the same

rights and obligations, the Registrar, on application by the
proprietor, may combine those parcels by closing the registers
relating to them and opening a new register or registers in
respect of the parcel or parcels resulting from the
combination.

(2) Upon the application of the proprietor of a parcel
for division of his parcel into two or more parcels, the
Registrar shall effect the division by closing the register
relating to the parcel and opening new registers in respect
of the new parcels resulting from the division, and recor-
ding in the new registers all subsisting entries appearing in
the closed register:

Provided that-

(i) nothing shall be done under this section which
would be inconsistent with this Act or any
other law; and

(ii) no parcel which is subject to a lease shall be
subdivided so as to subdivide the land com-
prised in such lease; and

(iii) where a proprietor is subdividing his parcel
for the purpose of building development, the
Registrar may require him to submit a plan
of the proposed subdivisions prepared by a
surveyor licensed under the Land Surveyors Cap. *39-
Act and certified by the appropriate authority
as conforming with the requirements of any
planning law for the time being in force.

22. (1) The Registrar may, on the application of the Beparcellation.
proprietors of contiguous parcels who are desirous of changing
the layout of their parcels, and with the consent in writing
of all other persons in whose names any right or interest
in such parcels is registered, and of any cautioner, cancel

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18 CAP. 374) Registered Land

the registers relating to such parcels and prepare new registers
in accordance with the revised layout:

Provided that, where in the opinion of the Registrar
a paoposed reparcellation involves substantial changes of
ownership which should be effected by transfers without
invoking this section, he may in his discretion refuse to effect
such reparcellation.

(2) Upon any such reparcellation, the new parcels shall,
notwithstanding section 37, vest in the persons in whose
names they are registered.

PART I11

EFFECT OF REGISTRATION

Effect of 23. Subject to the provisions of section 27 the registra-
registration with
absolute title. tion of any person as the proprietor with absolute title of

a parcel shall vest in that person the absolute ownership of
that parcel together with all rights and privileges belonging
or appurtenant thereto, free from all other interests and claims
whatsoever, but subject-

(a) to the leases, charges and other incumbrances
and to the conditions and restrictions, if any, shown
in the register; and

( b ) unless the contrary is expressed in the register,
to such liabilities, rights and interests as affect the same
and are declared by section 28 not to require noting
on the register:
Provided that-

(i) nothing in this section shall be taken to relieve
a proprietor from any duty or obligation to
which he is subject as a trustee;

(ii) the registration of any person under this Act
shall not confer on him any right to any
minerals or to any mineral oils unless the same
are expressly referred to in the register.

Effect of 24. Subject to the provisions of section 27 the registra-
registration with
provisional title. tion of any person as the proprietor with a provisional title

of a parcel shall not affect or prejudice the enforcement of

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Registered Land (CAP. 374 19

any estate, right or interest adverse to or in derogation of
the title of that proprietor arising before such date or under
such instrument or in such other manner as is specified in
the register of that parcel; but save as aforesaid, such registra-
tion shall have the same effect as the registration of a person
with absolute title.

25. Subject to the provisions of section 27, the Effect of
regstration of a registration of a person as the proprietor of a lease shall vest 1,,,,.

in that person the leasehold interest described in the lease,
together with all implied and expressed rights and privileges
belonging or appurtenent thereto and subject to all implied
and expressed agreements, liabilities and incidents of the
lease:

Provided that if the title of the lessor is a provisional
title the enforcement of any estate, right or interest affecting
or in derogation of the right of the lessor to grant the lease
shall not be prejudiced.

26. The registration of land as Crown Land shall, ~ ~ ; ~ r ; ~ o n of
subject to any registered incumbrances, enable the Governor- crown land.
General by a disposition registered under this Act to dispose
of such land.

27. Every proprietor who has acquired land, a lease voluntary
transfer.

or a charge by transfer without valuable consideration shall
hold it subject to any unregistered rights or interests subject
to which the transferor held it, and subject also to the provi-
sions of any law relating to bankruptcy and to the winding-
up provisions of the Companies Act, but save as aforesaid Cap. 94.
such transfer when registered shall in all respects have the
same effect as a transfer for valuable consideration.

28. Unless the contrary is expressed in the register, ~ ~ ~ ~ ~ . n g
all registered land shall be subject to such of the following
overriding interests as may for the time being subsist and
affect the same, without their being noted on the register-

(a) rights of way, rights of water and any easement
of profit subsisting at the time of first registration under
this Act;

( b ) natural rights of light, air, water and support;

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 374) Registered Land

(c) rights of compulsory acquisition, resumption,
entry, search, user or limitation of user conferred by
any other law;

(d) leases or agreements for leases for a term not
exceeding two years, and periodic tenancies within the
meaning of section 2;

(e) any unpaid moneys which, without reference
to registration under this Act, are expressly declared
by any law to be a charge upon land;

V) rights acquired or in process of being acquired
by virtue of any law relating to the limitation of actions
or by prescription;

(g) the rights of a person in actual occupation of
land or in receipt of the rents and profits thereof save
where inquiry is made of such person and the rights
are not disclosed;

(h ) electric supply lines, telephone and telegraph
lines or poles, pipelines, aqueducts, canals, weirs and
dams erected, constructed or laid in pursuance or by
virtue of any power conferred by any law:

Provided that the Registrar may direct registration of any
of the liabilities, rights and interests .hereinbefore defined
in such manner as he thinks fit.

Conversion of 29. (1 ) Any proprietor registered with a provisional
provisional into
absolute title. title or any interested person may at any time apply to the

Registrar to be registered or to have the proprietor registered,
as the case may be, with an absolute title.

( 2 ) If the applicant satisfies the Registrar that the
qualification to which the provisional title is subject has ceased
to be of effect, the Registrar shall make an order for the
registration of the proprietor with absolute title after such
advertisement as the Registrar may think fit;

(3) O n the making of any such order or on the applica-
tion of any interested party after the expiration of twelve
years from the date of first registration with a provisional
title, the Registrar shall substitute in the register the words
"absolute title7' for the words "provisional title" and the
title of the proprietor shall thereupon become absolute.

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 2 1

30. Every proprietor acquiring any land, lease or Entries to
constitute actual

charge shall be deemed to have had notice of every entry not;ce.
in the register relating to the land, lease or charge.

PART IV

CERTIFICATE AND SEARCHES

3 1. (1) The Registrar shall, if requested by any pro- ~ , " ; ~ ~ ~ f , " t " , ~ s
prietor of land or a lease where no land certificate or cer- .f lease.
&ate of lease has been issued, issue to him a land certificate
or a certificate of lease, as the case may be, in the prescribed
form showing all subsisting entries in the register affecting
that land or lease:

Provided that-

(i) only one such certificate shall be issued in
respect of each parcel of land or lease;

(ii) no certificate of lease shall be issued unless the
lease is for a certain period exceeding twenty-
five years.

(2) A land certificate or certificate of lease shall be only
prima facie evidence of the matters shown therein, and the
land or lease shall be subject to all entries in the register
whether they are shown on the certificate or not.

(3) When there is more than one proprietor, the pro-
prietors shall agree among themselves as to who shall receive
the certificate and failing agreement the certificate shall be
filed in the registry.

(4) The date of issue of a land certificate or certificate
of lease shall be noted in the register.

32. (1) If a land certificate or a certificate' of lease Production of
certificate.

has been issued, then, unless it is filed in the registry, or
the Registrar dispenses with its production, it shall be pro-
duced on the registration of any dealing with the land or
lease to which it relates, and a note of such registration shall
be made on the certificate.

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 374) Registered Land

(2) If the dealing is a transfer, the certificate if produced
shall be destroyed, and in such case a new certificate may
be issued to the new proprietor.

I

(3) If the dealing is a charge, the certificate, if any, shall
be filed in the registry.

Dispositions of
leases and

33. On the registration of any dealing of a lease or
charges. charge the duplicate and the triplicate of the lease or charge

shall be produced to the Registrar, who shall note particulars
of the dealing on the filed lease or charge and on the duplicate
and triplicate thereof unless the Registrar is satisfied that
they cannot be produced.

Lost destroyed 34. (1) If a land certificate or certificate of lease is
certificates.

lost or destroyed, the proprietor may apply to the Registrar
for the issue of a new certificate, and shall produce evidence
to satisfy the Registrar of the loss or destruction of the
previous certificate.

(2) The Registrar may require a statutory declaration
that the certificate has been lost or destroyed.

(3) The Registrar, if satisfied with the evidence as to
the loss or destruction of the certificate, and after the publica-
tion of such notice as he may think fit, may issue a new
certificate.

(4) When a lost certificate is found, it shall be delivered
to the Registrar for cancellation.

Searches and 35. (1) Any person, on application in the prescribed
copies. form and on payment of the prescribed fee, may inspect dur-

ing official hours of business any register and any sheet of
the Registry Map or any filed instrument or plan.

(2) Any person, on application in the prescribed form
and on payment of the prescribed fee, shall be entitled to
a certified copy of any register or part of the Registry Map
or any plan or instrument filed in the registry.

(3) Any person on application in the prescribed form
and on payment of the prescribed fee, may require an official
search in respect of any parcel, and the Registrar shall issue

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 2 3

a certificate of official search setting forth particulars of the
subsisting entries in the register of that parcel.

36. (1) A certified copy of the register or part of the Evidence.
Registry Map or any plan or instrument filed in the registry
shall be admissible in evidence in all actions and matters
and between all persons or parties, to the same extent as
the orginal, and a signature on any such certified copy pur-
porting to be the signature of the Registrar shall be presumed
to be the signature of the Registrar until the contrary is
proved.

(2) No legal practitioner, trustee, personal representative
or other person in a fiduciary position shall be answerable
in respect of any loss occasioned by the inaccuracy of any
such certified copy as is referred to in subsection (1).

(3) No process for compelling the production of the
register, or of the Registry Map, or of any filed instrument
or plan, shall issue from any Court except with the leave
of that Court, which leave shall not be granted if a certified
copy will suffice, and any such process, if issued, shall bear
thereon a statement that it is issued with the leave of the
Court.

PART V

DISPOSITIONS

37. (1) No land, lease or charge registered under this Egz"
Act shall be capable of being disposed of except in accord-
ance with this Act, and every attempt to dispose of such land,
lease or charge otherwise than in accordance with this Act
shall be ineffectual to create, extinguish, transfer, vary or
affect any estate, right or interest in the land, lease or charge.

(2) Nothing in this section shall be construed as prevent-
ing any unregistered instrument from operating as a con-
tract, but no action may be brought upon any contract for
the disposition of any interest in land unless the agreement
upon which such action is brought, or some memorandum
or note thereof, is in writing, and is signed by the party to

LAWS OF ANTIGUA AND BARBUDA

2 4 CAP. 374) Registered Land

be charged or by some other person thereunto by him lawfully
authorised:

Provided that such an action shall not be prevented by
reasonionly of the absence of writing, where an intending
purchaser or lessee who has performed or is willing to per-
form his part of a contract-

(i) has in part performance of the contract taken
possession of the property or any part thereof;
or

(ii) being already in possession, continues in
possession in part performance of the contract
and has done some other act which is
exclusively referable to and in furtherance of
the contract.

Protection of
persons dealing

38. (1) No person dealing or proposing to deal for
in registered valuable consideration with a proprietor shall be required
land. or in any way concerned-

(a) to inquire or ascertain the circumstances in or
the consideration for which such proprietor or any
previous proprietor was registered; or

(6) to see to the application of any consideration
or any part thereof; or

Cap. 429.

Cap. 375.
(c) to search any register kept under the Title by

Registration Act or the Registration and Records Act.

(2) Where the proprietor of land, a lease or a charge
is a trustee he shall in dealing therewith be deemed to be
absolute proprietor thereof, and no disposition by such trustee
to a bonafide purchaser for valuable consideration shall be
defeasible by reason of the fact that such disposition amounted
to a breach of trust.

(3) Nothing contained in this section shall relieve a pur-
chaser for valuable consideration of his obligation to search
the registry.

Additional fee for 39. Where an instrument is presented for registra-
delayed
registration. tion later than three months from the date of the instrument,

then, as well as the registration fee, an additional fee equal

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 2 5

to the registration fee shall be payable for each three months
which have elapsed since such date:

Provided that in no such case shall the additional fee
exceed five times the original registration fee payable.

40. (1) If he is satisfied that any person, through his :,"z!2,",9'pe1
wilful default, has failed to renister any instrument which
is registrable under this Act, ;he ~ e ~ i s t r a r may by notice
in writing order such person to present such instrument for
registration, and thereupon the registration fee and any
additional fee payable under section 39 of this Act shall
become due and shall be payable whether the instrument
is presented for registration or not.

(2) Any person who fails to comply with an order of
the Registrar under subsection (1) of this section within one
month of the service of the notice shall be guilty of an offence
and shall be liable on summary conviction to a fine of three
hundred dollars.

41. (1) Interests appearing in the register shall have Priority of
registered

priority according to the order in which the instruments which ;,te,sts.
led to their registration were presented to the registry,
irrespective of the dates of the instruments and notwithstand-
ing that the actual entry in the register may be delayed:

Provided that where an instrument is prepared in the
registry it shall be deemed to have been presented on the
date on which application for its preparation was made to
the Registrar.

(2) Instruments sent by post or under cover and received
during the hours of business shall be deemed to be presented
simultaneously immediately before the closing of the office
to business on that day, and instruments so sent but received
between the time of closing and the next opening of the office
for business shall be deemed to be presented simultaneously
immediately after such opening.

(3) Where more than one instrument or application are
presented on the same day, or on different days but at so
short an interval from each other that in the opinion of the
Registrar there is doubt as to their order of priority, the

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 374) Registered Land

Registrar may refuse registration until he has heard and
determined the rights of the parties interested thereunder.

Stay of 42. (1) Where any person proposing to deal with
registration.

registered land has, with the consent in writing of the pro-
prietor, applied for an official search and has stated in his
application the particulars of the proposed dealing, the
registration of any instrument affecting the land to be com-
prised in or affected by the proposed dealing shall be stayed
for a period (hereinafter referred to as the suspension period)
of fourteen days from the time at which application for the
search was made, and a note shall be made in the register
accordingly.

(2) If within the suspension period a properly executed
instrument effecting the proposed dealing is presented for
registration, such instrument shall have priority over any
other instrument which may be presented for registration
during the suspension period, and shall be registered not-
withstanding any caution or other entry for which application
for registration may have been made during the suspension
period.

(3) Subject to subsection (2) any instrument or docu-
ment for which application for registration is made during
the suspension period other than that effecting the proposed
dealing shall be dealt with in the same manner, shall have
the same priority and shall be as effectual as if no stay of
registration had been obtained.

Merger of
registered

43. Where, upon the registration of a dealing, the
interests. interests of-

(a) lessor and lessee; or

( b ) chargor and chargee; or

(G) the proprietor of a parcel which is burdened
with an easement, restrictive agreement or profit and
the proprietor of a parcel which benefits therefrom,

vest in the same proprietor, such interests shall not merge
unless a surrender or discharge is registered or the parcels
are combined or there is a declaration of merger, which may
be contained in the instrument evidencing the dealing.

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374

44. Subject to the provisions of this Act and of any Leases.
other law, the proprietor of land may lease the land or part
of it to any person for a definite period or for the life of
the lessor or of the lessee or for a period which though
indefinite may be terminated by the lessor or the lessee, and
subject to such conditions as he may think fit:

Provided that, if only part is leased, the lease shall be
accompanied by a plan or other description which the
Registrar, in his absolute discretion, deems adequate to iden-
tify the part leased.

45. (1) Where in any lease the term is not specified ~ ; ~ ~ ~ ; s ,
and no provision is made for the giving of notice to terminate
the tenancy, the lease shall be deemed to have created a
periodic tenancy.

(2) Where the proprietor of land permits the exclusive
occupation of the land or any part thereof by any other per-
son at a rent but without any agreement in writing, that
occupation shall be deemed to constitute a periodic tenancy.

(3) The period of a periodic tenancy created by this
subsection shall be the period by reference to which the rent
is payable, and the tenancy may be terminated by either
party giving to the other notice, the length of which shall,
subject to any other law, be not less than the period of the
tenancy and shall expire on one of the days on which rent
is payable.

46. A lease for a specified period exceeding two years, Registration of
or for the life of the lessor or of the lessee, or a lease which l

eases
'

contains an option whereby the lessee may require the lessor
to grant him a further term or terms which, together with
the original term, exceed two years, shall be in the prescribed
form, and shall be completed by-

(a) opening a register in respect of the lease in the
name of the lessee; and

( b ) filing the lease; and

( c ) noting the lease in the incumbrances section of
the register of the lessor's land or lease.

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 374) Registered Land

Lessor's consent
to dealing with

47. Upon the registration of a lease containing an
lease. agreement, express or implied, by the lessee that he will not

transfer, sub-let, charge or part with possession of the land
leasd or any part thereof without the written consent of the
lessor, the agreement shall be noted in the register of the
lease, and no dealing with the lease shall be registered until
the consent of the lessor, verified in accordance with sec-
tion 108 has been produced to the Registrar.

Lease of charged
land.

48. Where any land is subject to a charge, no lease
of such land shall be registered without the previous consent
in writing of the proprietor of the charge, verified in accord-
ance with section 108, unless the charge expressly dispenses
with the necessity for such consent.

Duration of
leases.

49. (1) Where the period of a lease is expressed as
commencing on a particular day, that day is excluded in
computing that period.

(2) Where no day of commencement is named, the
period commences on the date of execution of the lease, and
that day is excluded in computing that period.

(3) Where the period is a year or a number of years,
in the absence of an express agreement to the contrary, the
lease shall last during the whole anniversary of the day on
which such period commences.

Future Leases. 50. (1) A lease may be made for a period to com-
mence on a future date, not being later than twenty-one years
from the date on which the lease is executed, but shall be
of no effect unless it is registered.

(2) Any instrument purporting to create a lease to com-
mence on a date more than twenty-one years after the date
of the instrument, or to take effect on the fulfilment of any
condition, is void.

Holding over. 5 1. (1) Where a person, having lawfully entered into
occupation of any land as lessee, continues to occupy that
land with the consent of the lessor after the termination of
the lease he shall, in the absence of any evidence to the con-
trary, be deemed to be a tenant holding the land on a periodic

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 2 9

tenancy on the same conditions as those of the lease so far
as those conditions are appropriate to a periodic tenancy.

( 2 ) For the purposes of this section, the acceptance of
rent in respect of any period after the termination of the
lease shall, if the former tenant is still in occupation and
subject to any agreement to the contrary, be taken as evidence
of consent to the continued occupation of the land.

52. (1) Save as otherwise expressly provided it shall ~ ~ f , " d " ; ~ ~ ~ ~ ~ ~ ~
be an implied convenant in every lease on the part of the ,, part of lessor.
lessor-

( a ) that so long as the lessee pays the rent and
observes and performs the agreements and conditions
contained or implied in the lease and on his part to be
observed and performed, the lessee shall peaceably and
quietly possess and enjoy the leased premises during
the period of the lease without any lawful interruption
from or by the lessor or any person rightfully claiming
through him;

(6) not to use or permit to be used any adjoining
or neighbouring land of which he is the proprietor or
lessee in any way which would render the leased premises
unfit or materially less fit for the purpose for which they
were leased;

(c) to keep the roof, main walls and main drains,
and, where part only of the building is leased, the com-
mon passages and common installations, in repair;

(4 where any dwelling-house, flat or room is leased
furnished, that such house, flat or room is fit for habita-
tion at the commencement of the tenancy; and

(e) that if at any time the leased premises or any
part thereof are destroyed or damaged by fire, civil com-
motion or accident not attributable to the negligence
of the lessee, his servants or licensees, so as to render
the leased premises or any part thereof wholly or par-
tially unfit for occupation or use, the rent or a just pro-
portion thereof according to the nature and extent of
the damage sustained shall be suspended and cease to
be payable until the leased premises have again been
rendered fit for occupation and use; but that if the leased

LAWS OF ANTIGUA AND BARBUDA

CAP. 374) Registered Land

premises have not been so rendered fit for occupation
and use within six months of their destruction or damage
as aforesaid, the lessee may at his option, and on giv-
ing one month's written notice of his intention so to
'do, terminate the lease.

Agreements
implied in leases

53. Save as otherwise expressly provided it shall be
on part of lessee. an implied covenant in every lease on the part of the lessee-

(a) to pay the rent reserved by the lease at the times
and in the manner therein specified;

( b ) to pay all rates, taxes and other outgoings which
are at any time payable in respect of the leased premises
during the continuance of the lease unless the same are
payable exclusively by the lessor by virtue of any law;

(c) in the case of agricultural land, to farm the same
in accordance with the practice and any rules of good
husbandry and to yield up the land at the end of the
term in good heart;

(d) where a building or part of a building is leased,
to keep the interior of the leased premises in repair,
fair wear and tear excepted;

( e ) where the lease is of furnished premises to keep
the furniture in as good condition as it was at the com-
mencement of the period, fair wear and tear only
excepted, and to replace such articles as are lost,
destroyed or so damaged as to be beyond repair with
articles of equal value to those so lost, destroyed, or
damaged;

V) to permit the lessor or his agent with or without
workmen or others at all convenient times and after
reasonable notice to enter on the leased premises and
examine their condition;

(g) to repair or otherwise make good any defect
or breach of agreement for which the lessee is responsi-
ble and of which notice has been given by the lessor
to the lessee, within such reasonable period as may be
specified in the notice; and

(h) not to transfer, charge, sublease or otherwise
part with the possession of the leased premises or any

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 3 1

part thereof without the previous written consent of the
lessor, which consent shall not be unreasonably withheld.

54. Where an agreement is contained or implied in Meaning of "in
repair".

any lease to keep a building or a particular part of a building
c c in repair", it shall, in the absence of an express provision
to the contrary, mean in such state of repair as that in which
a prudent owner might reasonably be expected to keep his
property, due allowance being made for the age, character
and locality of the building at the commencement of the lease:

Provided that there shall not be read into such an agree-
ment an undertaking to put any building into a better state
of repair than that in which it was at the commencement
of the lease.

55. (1) Subject to the provisions of section 57 and :;&$',hiof
to any provision to the contrary in the lease, the lessor shall
have the right to forfeit the lease if the lessee- forfeiture of

sub-leases.

( a ) commits any breach of, or omits to perform,
any agreement or condition on his part expressed or
implied in the lease; or

( b ) is adjudicated bankrupt; or

(c) being a company, goes into liquidation.

(2) The right of forfeiture may be-

(a) exercised, where neither the lessee nor any per-
son claiming through or under him is in occupation of
the land, by entering upon and remaining in posses-
sion of the land; or

( b ) enforced by action in the Court.

( 3 ) The right of forfeiture shall be taken to have been
waived if-

( a ) the lessor accepts rent which has become due
since the breach of agreement or condition which entitled
the lessor to forfeit the lease or has by any other positive
act shown an intention to treat the lease as subsisting;
and

( b ) the lessor is, or should by reasonable diligence
have become, aware of the commission of the breach:

LAWS OF ANTIGUA AND BARBUDA

3 2 C A P . 374) Registered Land

Provided that the acceptance of rent after the lessor has
commenced an action in the Court under subsection (2) shall
not operate as a waiver.

I

(4) The forfeiture of a lease shall terminate every
sublease and every other interest appearing in the register
relating to that lease, but-

(a) where the forfeiture is set aside by the Court
on the grounds that it was procured by the lessor in
fraud of the sublessee; or

(6 ) where the Court grants relief against the
forfeiture under section 57,

every such sublease and other interest shall be deemed not
to have terminated.

Notice before 56. Notwithstanding anything to the contrary con-
forfeiture.

tained in the lease, no lessor shall be entitled to exercise the
right of forfeiture for the breach of any agreement or condi-
tion in the lease, whether expressed or implied, until the
lessor has served on the lessee a notice-

( a ) specifying the particular breach complained of;
and

( 6 ) if the breach is capable of remedy, requiring
the lessee to remedy the breach within such reasonable
period as is specified in the notice; and

(c) in any case other than non-payment of rent,
requiring the lessee to make compensation in money
for the breach,

and the lessee has failed to remedy the breach within a
reasonable time thereafter, if it is capable of remedy, and
to make reasonable compensation in money.

Relief against 57. (1) A lessee upon whom a notice has been served
forfeiture.

under section 56 or against whom the lessor is proceeding,
by action or re-entry, to enforce his right of forfeiture, may
apply to the Court for relief; and the Court may grant or
refuse relief, as the Court, having regard to the proceedings
and the conduct of the parties and the circumstances of the
case, thinks fit, and, if it grants relief, may grant it on such
terms as it thinks fit.

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Registered Land (CAP. 374 3 3

(2) The Court on application by any person claiming
as sublessee or chargee of any interest in the property or
part of the property comprised in the lease forfeited or sought
to be forfeited, may make an order vesting the property or
such part in such sublessee or chargee for the whole period
of the lease or any less period, upon such conditions as the
Court in the circumstances of the case thinks fit:

Provided that nothing in this subsection shall apply in
the case of a forfeiture arising from a breach to which the
sublessee is a party or from the breach of an express agree-
ment or condition against subleasing, parting with the posses-
sion of or disposing of the property leased.

(3) For the purpose of this section a lease limited to
continue as long only as the lessee abstains from commit-
ting a breach of agreement or condition shall be and take
effect as a lease to continue for any longer term for which
it could subsist, but terminable by a proviso for re-entry on
such breach.

(4) Nothing in this section shall empower the Court to
grant relief against forfeiture for non-payment of rent.

(5) This section shall have effect notwithstanding any
stipulation or agreement to the contrary and whether the
lease is registered or not.

58 . Subject to the provision of section 56 the ~ ~ ; ~ i ~ + ~ ; d
agreements and conditions contained or implied in any 1,,.
registered lease may be varied, rescinded or added to, and
the period of any registered lease may from time to time
be extended, by an instrument executed by the lessor and
the lessee for the time being and registered before the
expiration of the then current term of the lease.

59. Where upon presentation of a lease for registra- f zP:y ion of
tion the Registrar is satisfied that the lessee is the person
registered as the proprietor of a prior lease in respect of the
same land, he shall cancel the registration of the prior lease
and register the new lease subject to the incumbrances
registered against the prior lease.

LAWS OF ANTIGUA AND BARBUDA

3 4 CAP. 374) Registered Land

Subleases. 60. (1) Subject to any provision in his lease affec-
ting his right to do so, the proprietor of a registered lease
may, by a sublease in the prescribed form, sublease for any
period which is less than the remainder of the period of his
lease.

(2) Save as otherwise expressly provided in this Act,
the provisions of this Act affecting leases, lessors and lessees
shall apply to subleases, sublessors and sublessees, with such
adaptations as are necessary.

(3) If a lease is terminated by operation of law or under
any law relating to bankruptcy or liquidation proceedings
such termination shall terminate the sublease.

(4) In addition to the agreements specified by this Act
to be implied in leases, there shall be implied in every sublease
under this Act an agreement by the sublessor that he will,
during the continuance of the sublease, pay the rent reserved
by the lease under which the sublessor holds, and observe
and perform the agreements and conditions thereof.

(5) Where a sublessee has paid to the sublessor-'s lessor
the rent or any part of the rent payable by the sublessor
under the lease under which the sublessor holds, the sublessee
shall be entitled to set off any sum so paid against the rent
payable by him to the sublessor in respect of the sublease.

Surrender of
leases.

6 1. (1) Where the lessor and the lessee agree that the
lease shall be surrendered it shall be surrendered in the follow-
ing manner-

(a) an instrument shall be prepared in the
prescribed form, or else the word "surrendered" shall
be inscribed on the lease or on the duplicate or triplicate
thereof;

( b ) the instrument or inscription shall then be
executed by the lessor and lessee;

(c ) the Registrar shall then cancel the registration
of the lease; and

(6) the instrument or inscribed lease shall then be
filed;

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 3 5

and thereupon, or upon such earlier date as is expressed in
the instrument or inscription, the interest of the lessee shall
cease.

( 2 ) No lease which is subject to a charge or a sublease
shall be surrendered without the consent in writing of the
proprietor of the charge or sublease.

62. (1) Where- Determination of
leases.

( a ) the period of a lease has expired; or

(b) an event upon which a lease is expressed to ter-
minate has happened; or

( c ) a lessor has lawfully re-entered; or

(d) a notice duly given to terminate the lease has
expired, and the lessor has recovered possession of the
land leased,

the lease and every other interest appearing on the register
relating to the lease shall thereupon terminate, and the lessor
may apply in writing to the Registrar to cancel the
registration.

( 2 ) An application under this section shall be supported
by such evidence of the matters giving rise to the termina-
tion and the recovery of possession by the lessor as the
Registrar may require, and the Registrar on being satisfied
of the matters set forth in the application shall cancel the
registration of the lease.

63. Where an application is made to the Registrar zd;;zzn of
to register any lease which is not compulsorily registrable lease,.
under this Act but which is capable of registration, the
Registrar shall not register such lease unless-

( a ) it is in the prescribed form, or in such form
as the Registrar may approve, and

(b) in the case of a sublease, every lease superior
to that sublease complies with condition ( a ) of this sec-
tion and is registered in priority to the sublease.

LAWS OF ANTIGUA AND BARBUDA

3 6 CAP. 374) Registered Land

Form and effect
of charges.

64. (1) A proprietor, may, by an instrument in the
presc~ibed form, charge his land or lease or charge to secure
the payment of an existing or a future or a contingent debt
or other money or money's worth or the fulfilment of a con-
dition, and the instrument shall contain a special
acknowledgement that the chargor understands the effect of
section 72 of this Act and the acknowledgement shall be
signed by the chargor or, where the chargor is a corpora-
tion, by one of the persons attesting the affixation of the com-
mon seal.

(2) A date for the repayment of the money secured by
a charge may be specified in the charge instrument, and
where no such date is specified or repayment is not demanded
by the chargee on the date specified the money shall be
deemed to be repayable three months after the service of
a demand in writing by the chargee.

(3) The charge shall be completed by its registration
as an incumbrance and the registration of the person in whose
favour it is created as its proprietor and by filing the
instrument.

(4) A charge shall not operate as a transfer but shall
have effect as a security only; and a chargee may not re-
quire a chargor to give him a power of attorney in addition
to a charge for the sole purpose of security.

(5) There shall be included in an instrument of charge
securing the fulfilment of a condition or the payment of an
annuity or other periodical payment not of the nature of
interest on a capital sum such provisions as the parties think
fit for disposing, subject to the provisions of section 76 of
this Act, of the money which may arise on the exercise by
the chargee of his power of sale, either by setting aside the
proceeds of sale or part thereof and investing it to make future
periodical payments, or by payment to the chargee of such
proceeds or part thereof to the extent of the estimated capital
value of the chargee's interest, or otherwise.

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 37

65. A Proprietor whose land or lease or charge is sub- :;E,","~,";~
ject to a charge may create a second or subsequent charge charge.
in the same manner as the first charge and the same provi-
sions shall apply thereto, but any sale under the power
expressed or implied in any such charge shall be expressed
to be subject to all prior charges unless all those charges have
been discharged.

66. If any question arises whether any payment made Presumption that
money paid is by the chargor is in respect of principal or interest, such ;nterest~

payment shall be presumed to be in respect of interest to
the extent of all interest which is due and payable at the
date of payment.

67. It shall be an implied covenant in every charge Agreements
implied in

on the part of the chargor- charges.

( a ) to pay the principal money on the day therein
appointed and, so long as the principal money or any
part thereof remains unpaid, to pay interest thereon,
or on so much thereof as for the time being remains
unpaid, at the rate and on the days and in manner
therein specified;,

(b) to pay all rates, taxes and other outgoings which
are at any time payable in respect of the charged
property;

(c) to repair and keep in repair all buildings and
other improvements upon the charged land or comprised
in the charged lease and to permit the chargee or his
agent, at all reasonable times and after reasonable notice
to the chargor to enter the land and examine the state
and condition of such buildings and improvements;

(d) to insure and keep insured all buildings upon
the charged land or comprised in the charged lease
against loss or damage by fire in the joint names of the
chargor and chargee with insurers approved by the
chargee to the full value thereof;

( e ) in the case of a charge of agricultural land, to
farm the land in accordance with the rules of good
husbandry;

LAWS OF ANTIGUA AND BARBUDA

3 8 CAP. 374) Registered Land

(f) in the case of a charge of land or of a lease,
not to lease the charged land or any part thereof, or
sublease the whole or any part of the land comprised
in the charged lease, for any period longer than one
;ear without the previous consent in writing of the
chargee which consent shall not be unreasonably
withheld;

(g) not to transfer the land, lease or charge, charged
or any part thereof without the previous written con-
sent of the chargee which consent shall not be
unreasonably withheld;

(h) in the case of a charge of a lease, during the
continuance of the charge to pay the rent reserved by
the lease and observe and perform the agreements and
conditions thereof, and to keep the chargee indemnified
against all proceedings, expenses and claims on account
of the non-payment of the said rent or any part thereof,
or the breach or non-observance of the said agreements
and conditions or any of them, and, if the lessee has
an enforceable right to renew the lease, to renew it;

(2) where the charge is a second or subsequent
charge, to pay the interest from time to time accruing
due on each prior charge when it becomes due, and
to repay the principal money due on each prior charge;
and

the
Cd,

where the chargor fails to comply with any of
agreements implied by paragraphs (b), (c), (4, (e),
and (h) that the chargee may spend such money

as is necessary to remedy the breach, and may add the
amount so spent to the principal money, and that
thereupon the amount shall be deemed for all purposes
to be part of the principal money secured by the charge.

Chargee's consent 68. Where a charge contains an agreement, express
to transfer.

or implied, by the chargor with the chargee that he will not
transfer the land, lease or charge charged or any part thereof
without the written consent of the chargee, the agreement
shall be noted in the register and no transfer by the chargor
shall be registered until the written consent of the chargee
verified in accordance with section 108 has been produced
to the Registrar.

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 3 9

69. The amount secured, the method of repayment, Variation of
charges. the rate of interest or the term of the charge may be varied

by the registration of an instrument of variation executed
by the parties to the charge, but no such variation shall affect
the rights of the proprietor of any subsequent charge, unless
he has consented to the variation in writing on the instru-
ment of variation.

70. (1) Subject to the provisions of this section, a zj,h&fion.
chargor, on payment of all money due and owing under the
charge at the time of payment or on fulfilment of any condi-
tion secured thereby and on payment of any costs or expenses
properly incurred by the chargee in exercising any power
conferred on him by section 72 may redeem the charged land
or lease or charge at any time before it has been sold under
section 75 and any agreement or provision which purports
to deprive the chargor of this right of redemption shall be
void; and, for the purposes of this subsection, land, a lease
or a charge shall be deemed to have been sold when a bid
has been accepted at the auction sale.

(2) If the chargor wishes to redeem the charged land
or charge before the date for repayment specified in the
charge, he shall be entitled to do so on payment to the
chargee, in addition to any other money then due or owing
under the charge, of interest on the principal sum as
prescribed in subsection (3).

(3) If the chargor seeks to redeem the charged land or
lease or charge after the date specified in the charge, or where
no such date is specified, he shall give the chargee three
month's notice of his intention to redeem the charge or shall
pay him three months' interest in lieu thereof.

(4) If at any time the chargor is entitled and desires
to repay the money secured by the charge, and the chargee
is absent or cannot be found, or the Registrar is satisfied
that the charge cannot be discharged otherwise, the chargor
may deposit the amount due with the Registrar in trust for
the person entitled thereto, and thereupon the obligations
of the chargor under the charge shall cease, and the Registrar
shall cancel the registration of the charge, and shall pay the
amount deposited to the chargee if the chargee applies for

LAWS OF ANTIGUA AND BARBUDA

40 CAP. 374) Registered Land

it within twelve years of date of deposit, and if the amount
is not so paid it shall be paid into the Consolidated Fund.

Right of third
party to transfer

71. On his tendering to the chargee such sums as
of charge. wodld have been payable to the chargee if the chargor had

sought to redeem the charge under section 70 any of the
following persons, that is to say-

( a ) any person, other than the chargor, who has
an interest in the land or lease or charge charged; or

( b ) any surety for the payment of the amount
secured by the charge; or

(6) any creditor of the chargor who has obtained
a decree for sale of the charged land, lease or charge,

may require the chargee to transfer the charge to him.

Chargee's
remedies.

72. ( 1 ) If default is made in payment of the prin-
cipal sum or of any interest or any other periodical payment
or of any part thereof, or in the performance or observance
of any agreement expressed or implied in any charge, and
continues for one month, the chargee may serve on the
chargor notice in writing to pay the money owing or to per-
form and observe the agreement, as the case may be.

(2) If the chargor does not comply with a notice served
on him under subsection ( 1 ) within three months of the date
of such service, the chargee may-

( a ) appoint a receiver of the income of the charged
property; or

( b ) sell the charged property;

Provided that a chargee who has appointed a receiver
may not exercise the power of sale unless the chargor fails
to comply with a further notice served on him under subsec-
tion ( 1 ) within three months of the date of such service.

(3) The chargee shall be entitled to sue for the money
secured by the charge in the following cases only-

( a ) where the chargor is bound to repay the same;

( b ) where, by any cause other than the wrongful
act of the chargor or chargee the charged property is

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 41

wholly or partially destroyed or the security is rendered
insufficient and the chargee has given the chargor a
reasonable opportunity of providing further security
which will render the whole security sufficient, and the
chargor has failed to provide such security;

(6 ) where the chargee is deprived of the whole or
part of his security by, or in consequence of, the wrongful
act or default of the chargor:

Provided that-

(i) in the case specified in paragraph (a) of this
sub-section-

(a) a transferee from the chargor shall not be liable
to be sued for the money unless he has agreed with the
chargee to pay the same; and

(6) no action shall be commenced until a notice
served in accordance with sub-section (1) has expired;

(ii) the Court may, at its discretion, stay a suit
brought under paragraph (a) or paragraph (6)
of this sub-section, notwithstanding any agree-
ment to the contrary, until the chargee has
exhausted all his other remedies against the
charged property.

73. (1) The appointment of a receiver under the Appointment
powers,

powers conferred by section 72 shall be in writing signed ..muner,tion
by the chargee. and duties of

receiver.

(2) A receiver may be removed at any time and a new
receiver appointed in writing signed by the chargee.

(3) A receiver appointed under this section shall be
deemed to be the agent of the chargor for the purposes for
which he is appointed; and the chargee shall be solely respon-
sible for the receiver's acts and defaults unless the charge
otherwise provides.

(4) The receiver shall have power to demand and
recover all the income of which he is appointed receiver,
by action or otherwise, in the name of the chargor, and to
give effectual receipts accordingly for the same.

LAWS OF ANTIGUA AND BARBUDA

42 CAP. 374) Rexistered Land

(5) A person paying money to the receiver shall not
be concerned to inquire into the validity of the receiver's
appointment.

"(6) Subject to the provisions of sub-section (8) the
receiver shall be entitled to retain out of any money received
by him all costs, charges and expenses incurred by him as
receiver, and, for his remuneration, a commission at such
rate, not exceeding five percent of the gross amount of all
moneys received, as is specified in his appointment, or if
no rate is so specified at the rate of five percent of that gross
amount, or such other rate as the chargor and the chargee
and other chargees, if any, agree or the Court thinks fit to
allow on application made by the receiver for that purpose.

( 7 ) The receiver shall apply insurance money in making
good the loss or damage in respect of which the money is
received.

(8) Subject to the provisions of subsection ( 7 ) the
receiver shall apply all money received by him in the follow-
ing order of priority-

(a) in the discharge of all rents, rates, taxes and
outgoings whatever affecting the charged property; and

(6) in keeping down all annual sums or other
payments, and the interest on all principal sums, having
priority to the charge in right whereof he is receiver; and

( 6 ) in payment of his commission, costs, charges
and expenses and of the premiums on fire, life and other
insurance, if any, properly payable under the charge
instrument or under this Act, and the cost of executing
necessary or proper repairs directed in writing by the
chargee; and

(d) in payment of the interest accruing due in
respect of any principal money due under the charge;
and

(e) in or towards the discharge of the money secured
by the charge, if so directed in writing by the chargee,

and shall pay the residue, if any, of the money received by
him to the person who, but for the appointment of the
receiver, would have been entitled to receive the income of

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 43

which he is appointed receiver, or who is otherwise entitled
to the charged property.

74. (1) The proprietor of a charge on land or a lease Chargee's powers
of leasing.

who has appointed a receiver under the powers conferred
on him by section 7 2 , shall, in the absence of any express
provision to the contrary contained in the charge, have power,
subject to the provisions of this Act and of any other written
law-

( a ) to grant leases in respect of the charged land
or the land comprised in the charged lease or any part
or parts thereof; and

( b ) to accept a surrender of any lease so granted
and of any lease created by the chargor,

and may, for such purposes, execute in the place of the
chargor any instrument required to effect such lease or
surrender.

( 2 ) Every lease granted by a chargee shall-

( a ) be made to take effect in possession not later
than twelve months after its date;

( b ) reserve the best rent that can reasonably be
obtained, regard being had to the circumstances of the
case, but without a fine or premium being obtained;

(c) be for a term not exceeding twenty-one years;
and

(6) contain a declaration by the chargee that he
has appointed a receiver, with the date of appointment.

75. (1) A chargee exercising his power of sale shall Chargee's power of sale.
act in good faith and have regard to the interests of the
chargor and may sell or concur with any person in selling
the charged land, lease or charge, or any part thereof,
together or in lots, by public auction for a sum payable in
one amount or by instalments, subject to such reserve price
and conditions of sale as the chargee thinks fit, with power
to buy in at the auction and to resell by public auction without
being answerable for any loss occasioned thereby.

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 374) Registered Land

(2) Where the chargor is in possession of the charged
land or the land comprised in the charged lease, the chargee
shall become entitled to recover possession of the land upon
a bid being accepted at the auction sale.

I

(3) A transfer by a chargee in exercise of his power of
sale shall be made in the prescribed form, and the Registrar
may accept it as sufficient evidence that the power has been
duly exercised, and any person suffering damage by an
irregular exercise of the power shall have his remedy in
damages only against the person exercising the power.

(4) Upon registration of such transfer, the interest of
the chargor as described therein shall pass to and vest in
the transferee freed and discharged from all liability on
account of the charge, or on account of any other incum-
brance to which the charge has priority (other than a lease,
easement or profit subsisting at the time the charge was
effected or to which the chargee has consented in writing).

(5) A chargee, in exercising his power of sale, shall have
the same powers and rights in regard to easements and restric-
tive agreements as are conferred upon a proprietor by sec-
tions 93 and 94.

Application of
purchase money.

76. The purchase money received by a chargee who
has exercised his power of sale, after discharge of any prior
incumbrances to which the sale is not made subject or after
payment into Court of a sum sufficient to meet any such
prior incumbrances, shall be applied-

(a) first, in payment of all costs and expenses
properly incurred and incidental to the sale or any
attempted sale;

(6) secondly, in accordance with any express pro-
vision in the charge (as required by section 64) for
disposing of such money and, in the absence of any such
express provision, in discharge of the money due to the
chargee at the date of the sale; and

( 6 ) thirdly, in payment of any subsequent charges
in the order of their priority,

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 45

and the residue of the money so received shall be paid to
the person who immediately before the sale was entitled to
redeem the charged land, lease or charge.

77. The provisions of sections 70 (2) and (3), 72, 73, variation of
powers.

74 and 75 may in their application to a charge be varied
or added to in the charge:

Provided that any such variation or addition shall not
be acted upon, unless the Court, having regard to the pro-
ceedings and conduct of the parties and to the circumstances
of the case, so orders.

78. For the avoidance of doubt, it is hereby declared ~ ; ~ , 4 ' S , " , ~ ~ t ~ : Z
that the chargee shall not be entitled to foreclose nor to enter foreclosure.
into possession of the charged land or the land comprised
in a charged lease nor to receive the rents and profits thereof
by reason only that default has been made in the payment
of the principal sum or of any interest or other periodical
payment or of any part thereof or in the performance or
observance of any agreement expressed or implied in the
charge.

79. (1) A discharge, whether of the whole or of a part Discharge of
charge. of a charge, shall be made by an instrument in the prescribed

form, and (if of the whole) the word "Discharged" may be
endorsed on the charge or the duplicate or triplicate and the
endorsement executed by the chargee and dated.

(2) A discharge shall be completed by cancellation in
the register of the charge, or part thereof as the case may
require and fding the instrument of discharge or the endorsed
charge.

80. Upon proof to the satisfaction of the Registrar- f;:;:;? of
(a) that all money due under a charge has been

paid to the chargee or by his direction; or

( b ) that there has occurred the event or cir-
cumstances upon which, in accordance with the provi-
sions of any charge, the money thereby secured ceases
to be payable and that no money is owing under the
charge,

LAWS OF ANTIGUA AND BARBUDA

46 CAP. 374) Registered Land

the Registrar shall order the charge to be cancelled in the
register, and thereupon the land, lease or charge shall cease
to be subject to the charge.

Tacking and 81. (1) Provisions may be made in the charge for a
further advances. chargee to make further advances or give credit to the chargor

on a current or continuing account, but, unless that provi-
sion is noted in the register, further advances shall not rank
in priority to any subsequent charge except with the consent
in writing of the proprietor of the subsequent charge.

(2) Except as provided in this section, there is no right
to tack.

Consolidation. 82. A chargee has no right to consolidate his charge
with any other charge unless the right is expressly reserved
in the charges or in one of them and is noted in the register
against all the charges so consolidated.

Transfers. 83. (1) A proprietor, by an instrument in the
prescribed form, may transfer his land, lease or charge to
any person with or without consideration.

(2) The transfer shall be completed by registration of
the transferee as proprietor of the land, lease or charge and
by filing the instrument.

(3) The transferee of a charge may require the chargor
to execute the transfer for the purpose of acknowledging the
amount due under the charge at the date of execution of
the transfer.

Certificate as to 84. The Registrar shall not register any instrument
payment of rates,
taxes, etc. purporting to transfer or to vest any land, or a lease of land,

situated within the area of a rating authority unless there
is produced to the Registrar a written statement by the
authority that all rates taxes and other charges payable to
the authority in respect of the land for the last twelve years
have been paid up to and including the last rateable period
before the day on which the instrument was presented for
registration:

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 47

Provided that no such statement shall be required where
the instrument relates to-

(i) land which is subject to a lease and the
leasehold interest is, by virtue of any written
law, the rateable property; or

(ii) a lease, and the land or another leasehold
interest is, by virtue of any written law, the
rateable property.

85. A transfer to take effect on the happening of any Conditional
transfers not event or on the fulfilment of any condition or at any future registrable.

time shall not be capable of registration.

86. (1) Any condition or limitation purporting to Conditions
repugnant to restrain absolutely a transferee or any person claiming under interest

him from disposing of the interest transferred shall be void. transfemed.

(2) Any condition or limitation made in relation to a
transfer which purports to determine the interest of the
transferee on the happening of any future event or on the
failure of a future event to happen shall be void.

(3) Except as provided in Division 5 of this Part, no
transfer of land shall contain a direction that the land shall
be used or enjoyed by the transferee in a particular manner.

87. No part of the land comprised in a register shall Transfer of part-
be transferred unless the proprietor has first subdivided the
land and new registers have been opened in respect of each
subdivision.

88. O n the transfer of a lease, unless the contrary Transfer of
leases. is expressed in the transfer, there shall be implied-

(a) a warranty on the part of the transferor that
the rent, agreements and conditions on the part of the
lessee to be paid, performed and observed have been
so paid, performed and observed up to the date specified
in the transfer or, if no such date is specified, the date
of the transfer; and

(6) an agreement on the part of the transferee to
pay the said rent as from the day following the date
specified in the transfer or the date of the transfer, as

LAWS OF ANTIGUA AND BARBUDA

48 CAP. 374) Registered Land

the case may be, and to perform and observe the said
agreements and conditions.

Effect of transfer
on agreement in

89. A transferee from a lessor or from a lessee shall
leases. possess all the rights, and be subject to all the liabilities, of

the lessor or lessee, as the case may be, expressed or implied
in the lease, or arising or which have arisen thereunder, and
the transferor shall cease to be under any obligation or
possessed of any rights in respect of the lease:

Provided that nothing in this section shall affect the rights
or liabilities of the lessor or lessee, as the case may be, in
respect of a breach of any of the agreements expressed or
implied in the lease which occurred before the transfer.

Transfer of land 90. In every transfer of land or a lease subject to a
or lease subject
to charge. charge, there shall be implied an agreement by the transferee

with the transferor to pay the interest secured by the charge
at the rate and at the times and in the manner specified in
the charge and to keep the transferor indemnified against
the principal sum secured by the charge and from and against
all liability in respect of any of the agreements on the part
of the transferor therein contained or implied.

Transfer of land
subject to lease.

91. A transfer of land which is subject to a lease shall
be valid without the lessee acknowledging the transferee as
lessor, but nothing in this section-

(a) affects the validity of any payment of rent made
by the lessee to the transferor; or

(b) renders the lessee liable, on account of his failure
to pay rent to the transferee, for any breach of agree-
ment to pay rent

before notice of the transfer is given to the lessee by the
transferee or transferor.

Transfer of
unregistered

92. A transfer of a lease of registered land which lease
leases. does not require registration, and is not registered, shall not

itself require registration, but if application is made to the
Registrar to register such transfer, he shall not do so unless
the transfer is in the prescribed form and the lease and prior
transfers or other dealings therewith have been registered.

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 49

93. (1) The proprietor of land or a lease may, by Easements.
an instrument in the prescribed form, grant an easement
over his land or the land comprised in his lease, to the pro-
prietor or lessee of other land for the benefit of that other land.

(2) Any proprietor transferring or leasing land or a lease
may in the transfer or lease grant an easement, for the benefit
of the land transferred or leased, over land retained by him,
or reserve an easement for the benefit of land retained by him.

(3) The instrument creating the easement shall specify
clearly-

(a) the nature of the easement, the period for which
it is granted and any conditions, limitations or restric-
tions intended to affect its enjoyment, and

( b ) the land burdened by the easement and, if
required by the Registrar, the particular part thereof
so burdened; and

(6) the land which enjoys the benefit of the
easement,

and shall, if so required by the Registrar, include a plan
sufficient in the Registrar's estimation to define the easement.

(4) The grant or reservation of the easement shall be
completed by its registration as an incumbrance in the register
of the land burdened and in the property section of the land
which benefits, and by filing the instrument.

(5) An easement granted by the proprietor of a lease
shall be capable of existing only during the subsistence of
the lease.

94. (1) Where an instrument, other than a lease or Restrictive
agreements.

charge, contains an agreement (hereinafter referred to as a
restrictive agreement) by one proprietor restricting the
building on or the user or other enjoyment of his land for
the benefit of the proprietor of other land, and is presented
to the Registrar, the Registrar shall note the restrictive agree-
ment in the incumbrances section of the register of the land

LAWS OF ANTIGUA AND BARBUDA

5 0 CAP. 374) Registered Land

Profits.

or lease burdened by the restrictive agreement, either by
entering particulars of the agreement, or by referring to the
instrument containing the agreement, and shall file the
instryment.

(2) Unless it is noted in the register, a restrictive agree-
ment is not binding on the proprietor of the land or lease
burdened by it or on anybody acquiring the land or lease.

(3) The note of a restrictive agreement in the register
does not give the restrictive agreement any greater force or
validity than it would have had if it had not been registrable
under this Act and had not been noted.

(4) In so far as the restrictive agreement is capable of
taking effect, not only the proprietors themselves but also
their respective successors in title shall be entitled to the
benefit and subject to the burden of it respectively, unless
the instrument otherwise provides.

95. (1) The proprietor of land or a lease may, by
an instrument in the prescribed form, grant a profit.

(2) The instrument shall indicate clearly the nature of
the profit, the period for which it is to be enjoyed and-

(a) whether it is to be enjoyed in gross, or as
appurtenant to other land or a lease; and

(6) whether it is to be enjoyed by the grantee
exclusively or by him in common with the grantor.

(3) The grant of a profit shall be completed-

(a) by its registration as an incumbrance in the
register of the land or lease which it affects; and

(b) where it is appurtenant to other land or a lease,
by its registration in the property section of the register
of the land or lease to which it is appurtenant; and

(c) by filing the instrument.

(4) A profit which is not appurtenant to land may be
dealt with as though it were land.

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 5 1

(5) A profit granted by the proprietor of a lease shall
be capable of subsisting only during the subsistence of the
lease.

96. (1) Upon presentation of a duly executed release ~ ~ , " ~ i ~ ~ ~ e , t
in the prescribed form, the registration of the easement, profit of easement,
or restrictive agreement shall be cancelled, and the easement, :=::Ah;
profit or restrictive agreement shall be cancelled, and the profits.
easement, profit or restrictive agreement shall thereupon be
extinguished.

(2) On the application of any person affected thereby,
the Registrar may cancel the registration of an easement,
profit or restrictive agreement upon proof to his satisfaction
that-

(a) the period of time for which it was intended
to subsist has expired; or

(b) the event upon which it was intended to ter-
minate has occurred; or

(c) it has been abandoned.

97. The Court shall have power, on the application Discharge and
modification of

of any person interested in land affected by an easement,
restrictive agreement or profit by order wholly or partially restrictive

agreements and to extinguish or to modify any such easement, restrictive profits.
agreement or profit (with or without payment by the appli-
cant of compensation to any person suffering loss in conse-
quence of the order), on being satisfied-

(a) that, by reason of changes in the character of
the property or the neighbourhood or other cir-
cumstances of the case which the Court deems material,
the easement, restrictive agreement, or profit ought to
be held to be obsolete; or

(b) that the continued existence of the easement,
restrictive agreement or profit impedes the reasonable
user of the land for public or private purposes without
securing practical benefits to other persons or, as the
case may be, will, unless modified, so impede such user;
or

LAWS OF ANTIGUA AND BARBUDA

52 CAP. 374) Registered Land

(c) that the proposed discharge or modification will
not injure the person entitled to the benefit of the ease-
ment, or restrictive agreement or profit.
1

Natural rights. 98. Nothing in this Act shall be construed as
derogating from the natural right to support, light, air or
access to a highway appertaining to any land nor from such
ancillary rights as are necessary for effective enjoyment of
an easement.

Licences. 99. ( 1 ) Without prejudice to section 127 a licence is
not capable of registration.

( 2 ) A licence relating to the use or enjoyment of land
is ineffective against a bonafide purchaser for valuable con-
sideration unless the licensee has protected his interest by
lodging a caution under section 127.

DIVISION 6-CO-PROPRIETORSHIP AND PARTITION
Registration of
more than one

100. (1) When any land is conveyed, transferred,
proprietor. devised, or devolves to two or more persons in their own

right, such persons shall be deemed and taken to be pro-
prietors in common, unless expressly declared to be joint
proprietors:

Provided that all land conveyed, transferred or devised
to executors or trustees shall be held by them as joint
proprietors.

( 2 ) Every instrument made in favour of two or more
persons, and the registration giving effect to it, shall show-

( a ) whether such persons are joint proprietors or
proprietors in common; and

( 6 ) where they are proprietors in common, the
share of each proprietor.

Characteristics 1 . ( 1 ) Where the land, lease or charge is owned
joint
proprietorship jointly, no proprietor is entitled to any separate share in the
and severance land, and consequently-
thereof.

( a ) dispositions may be made only by all the joint
proprietors; and

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 5 3

(6) on the death of a joint proprietor, his interest
shall vest in the surviving proprietor or the surviving
proprietors jointly.

(2) For avoidance of doubt it is hereby declared that-

( a ) the sole proprietor of any land, lease or charge
may transfer the same to himself and another person
jointly; and

( b ) a joint proprietor of any land, lease or charge
may transfer his interest therein to all the other
proprietors.

(3) Joint proprietors, not being trustees, may execute
an instrument in the prescribed form signifying that they
agree to sever the joint proprietorship, and the severance
shall be completed by registration of the joint proprietors
as proprietors in common in equal shares and by filing the
instrument.

102. (1) Where any land, lease or charge is owned F$zzz 2
in common, each proprietor shall be entitled to an undivided comma,.
share in the whole, and on the death of a proprietor his share
shall be administered as part of his estate.

(2) No proprietor in common shall deal with his
undivided share in favour of any person other than another
proprietor in common of the same land, except with the con-
sent in writing of the remaining proprietor or proprietors
of the land, but such consent shall not be unreasonably
withheld.

103. (1) An application for the partition of the land :;:::;of land
owned in common may be made in the prescribed form to com,o,.
the Registrar by-

( a ) any one or more of the proprietors; or

( b ) any person in whose favour an order has been
made for the sale of an undivided share in the land in
execution of a decree,

and subject to the provisions of this Act and of any written
law by or under which minimum areas or frontages are
prescribed or the consent of any authority to a partition is

LAWS OF ANTIGUA AND BARBUDA

54 CAP. 374) Registered Land

required, the Registrar shall effect the partition of the land
in accordance with any agreement of the proprietors in com-
mon or, in the absence of agreement, in such manner as
the Registrar may order.

(2) Partition shall be completed by closing the register
of the parcel partitioned and opening registers in respect of
the new parcels created by the partition and filing the agree-
ment or order.

When Registrar
may order sale.

104. (1) Where for any reason the land sought to
be partitioned is incapable of partition or the partition would
adversely affect the proper use of the land, and a demand
is made by the applicant or one or more of the other pro-
prietors in common that the land or any share or shares in
the land be sold, the Registrar shall, in default of any agree-
ment between the proprietors in common, value the land
and the shares of the proprietors in common and order the
sale of the land or the separation and sale of such shares
by public auction or make such other order for the disposal
of the application as he thinks fit.

(2) A proprietor in common shall be entitled to pur-
chase the land or any share so offered for sale, either at the
auction or at any time by private treaty.

Procedure where
share is small.

105. (1) Where the land sought to be partitioned is
capable of partition generally, but the resultant share of any
particular proprietor in common would be less in area than
any minimum prescribed by or under any written law; the
Registrar shall add such share to the share of any other pro-
prietor or distribute such share between two or more other
proprietors in such manner and in such proportion as, in
default of agreement, he thinks fit.

(2) Where the Registrar proceeds in accordance with
subsection (1) he shall assess the value of the share added
or distributed and shall order that there be paid to the pro-
prietor of the share by each proprietor who had received an
addition to his share the value of such addition.

(3) Where any sum is payable under subsection (2) by
any proprietor in common to any other proprietor in com-
mon, the Registrar may order that such sum be secured by
way of charge on the share of the person liable to pay it.

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 55

PART VI

INSTRUMEN.I.S AND AGEN-I.S

106. (1) Every disposition of land, a lease or charge Form of
instrument.

shall be effected by an instrument in the prescribed form
or in such other form as the Registrar may in any particular
case approve.

(2) Leases and charges shall be presented for registra-
tion in triplicate.

(3) Instruments shall contain a true statement of the
amount or value of the purchase price or loan or other con-
sideration (if any), and an acknowledgement of the receipt
of the consideration.

107. (1) Every instrument evidencing a disposition Execution of
instruments.

shall be executed by all persons shown by the register to be
proprietors of the interest affected and by all other parties
to the instrument:

Provided that the Registrar may dispense with execu-
tion by any particular party (other than the donee under
a disposition by way of gift) where he considers that such
execution is unnecessary.

(2) Subject to subsection (2) of section 120 an instru-
ment shall be deemed to have been executed only:

(a) by a natural person, if signed by him;

(b) by a corporation-

(i) if sealed with the common seal of the corpora-
tion, affixed thereto in the presence of and
attested by its clerk, secretary or other per-
manent officer and by a member of the board
of directors, council or other governing body
of the corporation; or

(ii) in the case of a corporation not required by
law to have a common seal, if signed by such
persons as are authorised in that behalf by any
law or by the statute or charter of the corpora-
tion or, in the absence of any express provi-
sion, by the persons duly appointed in writing

LAWS OF ANTIGUA AND BARBUDA

5 6 CAP. 374) Registered Land

for that purpose by the corporation, evidence
of which appointment has been produced to
the satisfaction of the Registrar.

s

Verification of
execution.

108. (1) Subject to subsection (3) of this section, a
person executing an instrument shall appear before the
Registrar or such public officer or other person as is
prescribed and, unless he is known to the Registrar or such
public officer or other person, shall be accompanied by a
credible witness for the purpose of establishing his identity.

(2) The Registrar or public officer or other person shall
satisfy himself as to the identity of the person appearing before
him and ascertain whether he freely and voluntarily executed
the instrument, and shall complete thereon a certificate to
that effect.

(3) Subject to subsection (4) an instrument which is
required to be executed by or on behalf of the Crown, shall
be deemed to be executed when it has been signed by the
Governor-General.

(4) A caution which is required to be executed by or
on behalf of Government shall be deemed to be executed
when it has been signed by the Attorney-General or the
Permanent Secretary to the Minister to whom responsibility
for lands is assigned.

(5) The Registrar may dispense with verification under
this section-

(a) if he considers that it cannot be obtained except
with difficulty and he is otherwise satisfied that the docu-
ment has been properly executed; or

( b ) in cases in which to his knowledge the docu-
ment has been properly executed,

and shall record on the document his reasons for dispensing
with the appearance of the parties.

(6) No instrument executed out of Antigua and Barbuda
shall be registered unless it has endorsed thereon or attached
thereto a certificate in the prescribed form completed under
the hand and seal of a Judge, magistrate, justice of the peace,

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 57

notary public, commissioner for oaths, or a diplomatic or
consular agent of Antigua and Barbuda.

109. (1) No instrument required by law to be Stamps* taxes
and licence.

stamped shall be accepted for registration unless it is duly
stamped.

( 2 ) Notwithstanding any other provisions of this Act,
no instrument of transfer, lease or charge shall be accepted
for registration unless-

( a ) it has endorsed thereon or attached thereto a
certificate by the Commissioner of Inland Revenue that
all taxes in respect of the land to be transferred leased
or charged, including land appreciation tax, if any, have
been paid;

( b ) Where the transferee, lessee or chargee is not
a Citizen of Antigua and Barbuda, there is produced
evidence that the transferee, lessee or chargee, as the
case may be, has obtained the necessary licence to hold
land under the Non-citizens Land Holding Regulation Zg3.
Act or evidence that such licence is not required.

0 . (1) Subject to subsection ( 2 ) of this section and Disposal of
instruments.

to subsection ( 2 ) of section 112, all instruments accepted by
the Registrar shall be retained in the registry for as long
as they support a current entry in the register and for six
years thereafter.

(2) When a lease or charge is registered, particulars of
registration shall be noted on the duplicate and the triplicate
thereof, and the duplicate and the triplicate shall be returned
to the person who presented them.

(3) Six years or more after an entry in the register has
been superseded or has ceased to have any effect, the
Registrar may destroy any instrument which supported the
entry.

1 . (1) For the avoidance of doubt it is hereby Minors-
declared that the name of a minor may be entered in the
register either on first registration or as a transferee or on
transmission.

LAWS OF ANTIGUA AND BARBUDA

58 CAP. 374) Refistered Land

(2) Nothing in this section enables any minor to deal
with land or any interest in land by virtue of such registra-
tion, and, where to his knowledge a minor is registered, the
Registrar shall enter a restriction accordingly.

I

(3) Where a disposition by a minor whose minority has
not been disclosed to the Registrar has been registered, such
disposition may not be set aside only on the grounds of
minority.

Agents and 2 . (1) Except as provided in subsection (3) no
persons under
disability. instrument executed by any person as agent for any other

person shall be accepted by the Registrar unless the person
executing it was authorised in that behalf by a power of
attorney executed and verified in accordance with sec-
tions 107 and 108.

(2) The original of such power of attorney or, with the
consent of the Registrar, a copy thereof certified by the
Registrar shall be filed.

(3) Where any person who, if not under a disability,
might have made any application, done any act or been a
party to any proceeding under this Act or under any rules
made thereunder a minor, a person of unsound mind or a
person under any other disability, the guardian of such per-
son, or if there is no such guardian a person appointed under
some written law to represent that person, may make any
application, do any act and be party to any proceeding on
behalf of that person, and shall generally represent that per-
son for the purposes of this Act.

(4) Before accepting any document executed by a guard-
ian or a person so appointed to represent a person under
a disability, the Registrar shall satisfy himself that the per-
son claiming to be the guardian is entitled to execute the
document or require the production of the appointment of
the person so appointed, and shall file a note of the explana-
tion which satisfied him or a copy of the appointment, as
the case may be.

Gift to person 3 . A person under a disability who has been
under disability. registered as proprietor of land, a lease or a charge acquired

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 59

by him by way of gift may, within six months after he ceases
to be under a disability, repudiate the gift if he has not already
disposed of the subject-matter thereof, but no such repudia-
tion shall be effective until-

(a) he has transferred the land, lease or charge to
the donor who shall be bound to accept it; and

( b ) the transfer has been registered.

114. ( 1 ) Upon the application of the donor or the
donee of a power of attorney which contains any power to
dispose of any interest in land, such power of attorney shall
be entered in the register of powers of attorney and the
original, or with the consent of the Registrar a copy thereof
certified by the Registrar, shall be filed in the file of powers
qf attorney.

(2) Every such power of attorney shall be in the
prescribed form or such other form as the Registrar may
in any particular case approve, and shall be executed and
verified in accordance with sections 107 and 108.

(3) The donor of a power of attorney filed in accord-
ance with the provisions of sub-section ( 1 ) may at any time
give notice to the Registrar in the prescribed form that the
power has been revoked, and thereupon the revocation shall
be entered in the register of powers of attorney and noted
upon the power, and the notice shall be filed in the file of
powers of attorney.

(4) Any interested person may give notice in writing
to the Registrar that a power of attorney which has been
registered under subsection ( 1 ) has been revoked by the
death, bankruptcy or disability of the donor or the death
or disability of the donee, accompanied by such evidence
as the Registrar requires, and thereupon the revocation shall
be entered in the register of powers of attorney and noted
upon the power, and the notice shall be filed in the file of
powers of attorney.

(5) Subsections (3) and (4) do not apply to a power of
attorney given for valuable consideration during any time
during which it is, by virtue of the terms thereof, irrevocable.

LAWS OF ANTIGUA AND BARBUDA

60 CAP. 374) Registered Land

(6) If owing to the length of time since the execution
of a power of attorney or for any other reason the Registrar
considers it desirable, he may require evidence that the power
has not been revoked, and may refuse to register any disposi-
tion by the donee of the power of attorney until satisfactory
evidence is produced.

Effect of
registered power

5 . ( 1 ) A power of attorney which has been
of attorney. registered under section 114 and of which no notice of revoca-

tion has been registered under that section shall be deemed
to be subsisting as regards any person acquiring any interest
in land affected by the exercise of the power, for valuable
consideration and without notice of revocation and in good
faith, or any person deriving title under such a person.

(2) Any person making any payment or doing any act
in good faith in pursuance of a power of attorney registered
under section 114 shall not be liable in respect of the pay-
ment or act by reason only that before the payment or act
the donor of the power had died or become subject to a
disability or become bankrupt, or had revoked the power,
if the fact of death, disability, bankruptcy or revocation was
not at the time of the payment or act known to the person
making or doing the payment or act.

PART VII

Transmission on
death of joint

6 ~f one of two or more joint proprietors of any
proprietor. land, lease or charge dies, the Registrar, on proof to his

satisfaction of the death, shall delete the name of the deceased
from the register.

Transmission on 1 1 ( I ) If a sole proprietor or a proprietor in com-
death of sole
proprietor or mon dies, his personal representative, on application to the
proprietor in Registrar in the prescribed form and on production to him
common. of the grant, shall be entitled to be registered by transmis-

sion as proprietor in the place of the deceased with the addi-
tion after his name of the words "as executor of the will
of (here insert name of deceased) deceased" or "as administrator
of the estate of (here insert name of the deceased) deceased7', as
the case may be.

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 6 1

(2) Upon production of a grant, the Registrar may,
without requiring the personal representative to be registered,
register by transmission-

( a ) any transfer by the personal representative;

(b ) any surrender of a lease or discharge of a charge
by the personal representative.

(3) In this section, "grant" means the grant of Pro-
bate of the will or the grant of letters of administration of
the estate of the deceased proprietor.

118. ( 1 ) Subject to any restriction of his power of ~~~~fSifn by
disposing of the land, lease or charge contained in his death.
appointment, the personal representative or the person
beneficially entitled on the death of the deceased proprietor,
as the case may be, shall hold the land, lease or charge sub-
ject to any liabilities, rights or interest which are unregistered
but are nevertheless enforceable and subject to which the
deceased proprietor held the same, but for the purpose of
any dealing he shall be deemed to have been registered as
proprietor thereof with all the rights conferred by this Act
on a proprietor who has acquired land, a lease or a charge,
as the case may be, for valuable consideration.

(2) The registration of any person as aforesaid shall
relate back to and take effect from the date of the death of
the proprietor.

119. (1) A trustee in bankruptcy shall, upon produc- t;;:;
tion to the Registrar of a certified copy of the order of the
court adjudgini a proprietor bankrupt,'or directing that the
estate of a deceased proprietor shall be administered accor-
ding to the law of bankruptcy, be registered as proprietor
of any land, lease or charge of which the bankrupt or deceased
proprietor is proprietor in his place, and a copy of the order
shall be filed.

(2) A trustee in bankruptcy shall be described in the
register as "trustee of the property of.. .......................
...........................................................................

(here insert name of bankrupt)

LAWS OF ANTIGUA AND BARBUDA

62 CAP. 374) Registered Land

(3) The trustee in bankruptcy shall hold any land, lease
or charge of which he is registered as proprietor subject to
any restrictions contained in any law relating to bankruptcy
or in any order of court and subject to any liabilities, rights
or interests which are unregistered but are nevertheless
enforceable and subject to which the bankrupt or the deceased
proprietor held the same, but for the purpose of any dealing
with such land, lease or charge the trustee in bankruptcy
shall have all the rights and be subject to all the limitations
conferred or imposed by this or any other written law on
a proprietor who has acquired land, a lease or a charge for
valuable consideration.

Liquidation. 120. (1) Where a company is being wound up, the
liquidator shall produce to the Registrar any resolution or
order appointing him liquidator, and the Registrar shall enter
the appointment in respect of any land, lease or charge of
which the company is registered as proprietor, and shall file
the copy of the resolution or order.

(2) An instrument executed by or on behalf of a com-
pany in liquidation delivered for registration after the
appointment of the liquidator has been entered under subsec-
tion (1) shall be sealed with the common seal of the com-
pany and attested by the liquidator or, in the case of a com-
pany not required by law to have a common seal, shall be
signed by the liquidator whose signature shall be verified
in accordance with section 108.

Transmission by
compulsory

121. Where the Crown or any person has become
acquisition or entitled to any land, lease or charge under any law or by
judgment virtue of any order or certificate of sale made or issued under
court.

any law, the Registrar shall, on the application of any
interested person supported by such evidence as he may
require, register the Crown or the person entitled, as the
proprietor.

Trusts. 122. (1) A person acquiring land or a lease or a
charge in a fiduciary capacity may be described by that
capacity in the instrument of acquisition and, if so described,
shall be registered with the addition of the words "as trustee",
but the Registrar shall not enter particulars of any trust in
the register.

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 63

(2) An instrument which declares or is deemed to
declare any trust, or a certified copy thereof, may be deposited
with the Registrar for safe custody; but such instrument or
copy shall not form part of the register or be deemed to be
registered.

(3) Where the proprietor of land, a lease or a charge
is a trustee, he shall hold the same subject to any unregistered
liabilities, rights or interest to which it is subject by virtue
of the instrument creating the trusts, but for the purpose
of any registered dealings he shall be deemed to be the
absolute proprietor thereof, and no person dealing in good
faith for valuable consideration shall be deemed to have notice
of the trust, nor shall any breach of the trust create any right
to indemnity under this Act.

123. Whenever two or more proprietors are registered S u m i v ~ r tr stees. of
jointly as trustees, and the survivor of such proprietors would
not be entitled to exercise alone the powers which are vested
in them, the Registrar shall enter a restriction to that effect.

PART VIII

124. (1) The Court may make an order in this Divi- Er';i;:tCourt
sion referred to as an inhibition, inhibiting for a particular regstered
time, or until the occurrence of a particular event, or dealings.
generally until further order, the registration of any dealing
with any land, lease or charge.

(2) A copy of the inhibition under the seal of the Court,
with particulars of the land, lease or charge affected thereby,
shall be sent to the Registrar, who shall register it in the
appropriate register, and no inhibition shall bind or affect
the land, lease or charge until it has been registered.

125. So long as an inhibition remains registered, no EkLi;dn.
instrument which is inconsistent with it shall be registered.

126. The registration of an inhibition shall be z;b';%p of
cancelled in the following cases and in no other-

LAWS OF ANTIGUA AND BARBUDA

64 CAP. 374) Refistered Land

Lodging of
cautions.

Cap. 169.

(a) on the expiration of the time limited by the
inhibition; or

( b ) on proof to the satisfaction of the Registrar of
the occurrence of the event specified in the inhibition; or

(c) on the land, lease or charge being sold by a
chargee, unless such sale is itself inhibited; or

(6) by order of the Court.

DIVISION 2-CAUTIONS

127. (1) Any person who-
(a) claims any unregistrable interest whatsoever,

in land or a lease or a charge; or

(6) is entitled to a licence; or

(c) has presented a bankruptcy petition against the
proprietor of any registered land, lease or charge; or

(6) being a Bank or financial institution as defined
in section 2 of the Financial Institutions (Non-Banking)
Act has advanced money to the proprietor of land or
a lease or a charge,

may lodge a caution with the Registrar forbidding the
registration of dispositions of the land, lease or charge con-
cerned and the making of entries affecting the same.

(2) A caution may either-

(a) forbid the registration of dispositions and the
making of entries altogether; or

(b) forbid the registration of dispositions and the
making of entries to the extent therein expressed.

(3) A caution shall be in the prescribed form and shall
state the interest claimed by the cautioner and the Registrar
may require the cautioner to support it by a statutory
declaration.

(4) The Registrar may reject a caution which he con-
siders unnecessary.

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Registered Land (CAP. 374 65

(5) Subject to the provisions of this section, the cau-
tion shall be registered in the appropriate register.

128. (1 ) The Registrar shall give notice in writing Notice and effect
of cautions.

of a caution to the proprietor whose land, lease or charge
is affected by it.

(2) So long as a caution remains registered, no disposi-
tion which is inconsistent with it shall be registered except
with the consent of a cautioner or by order of the Court.

129. (1) A caution may be withdrawn by the cau- EE:yyl and
tioner or removed by order of the Court or, subject to the cautions.
provisions of subsection (2), by order of the Registrar.

(2) (a) The Registrar may, on the application of any
person interested, serve notice on the cautioner warn-
ing him that his caution will be removed at the expira-
tion of the time stated in the notice which shall not be
less than fourteen days.

(b) If at the expiration of the time stated the cau-
tioner has not objected, the Registrar shall remove the
caution.

(c) If the cautioner objects to the removal of the
caution, he shall notify the Registrar in writing of his
objection within the time specified in the notice, and
the Registrar after giving the parties an opportunity of
being heard, shall make such order as he thinks fit, and
may in the order make provision for the payment of
costs.

(3) O n registration of a transfer by a chargee in exer-
cise of his power of sale under section 75 the Registrar shall
remove any caution which purports to prohibit any dealing
by the chargor and which was registered after the charge
by virtue of which the transfer has been effected.

(4) O n the withdrawal or removal of a caution, its
registration shall be cancelled, but any liability of the
cautioner previously incurred under section 131 shall not be
affected by the cancellation.

LAWS OF ANTIGUA AND BARBUDA

66 CAP. 374) Registered Land

Second caution
in respect of the

130. The Registrar may refuse to accept a further
same matter. caution by the same person or anyone on his behalf in rela-

tion to the same matter as a previous caution.

Wrongful
cautions.

13 1. Any person who lodges or maintains a caution
wrongfully and without reasonable cause shall be liable, in
an action for damages at the suit of any person who has
thereby sustained damage, to pay compensation to such
person.

Restrictions. 132. (1) For the prevention of any fraud or improper
dealings or for any other sufficient cause, the Registrar may,
either with or without the application of any person interested
in the land, lease or charge, after directing such inquiries
to be made and notices to be served and hearing such persons
as he thinks fit, make an order (in this Division referred to
as a restriction) prohibiting or restricting dealings with any
particular land, lease or charge.

(2) A restriction may be expressed to endure-

( a ) for a particular period; or

( b ) until the occurrence of a particular event; or

(c) until the making of a further order, and may
prohibit or restrict all dealings or only such dealings
as do not comply with specified conditions, and the
restriction shall be registered in the appropriate register.

(3) The Registrar shall order a restriction to be entered
in any case where it appears to him that the power of the
proprietor to deal with the land, lease or charge is restricted.

Notice and effect
of restrictions.

133. (1) Upon the entry of a restriction the Registrar
shall give notice thereof in writing to the proprietor affected
thereby.

(2) So long as any restriction remains registered, no
instrument which is inconsistent with it shall be registered
except by order of the Court or of the Registrar.

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Registered Land (CAP. 374 6 7

134. (1) The Registrar may at any time, upon Removal and
variation of

application by any person interested or of his own motion, Rstrictions.
and after giving the parties affected thereby an opportunity
of being heard, order the removal or variation of a restriction.

(2) Upon the application of a proprietor affected by a
restriction, and upon notice thereof to the Registrar, the
Court may order a restriction to be removed or varied, or
make such other order as it thinks fit, and may make an
order as to costs.

PART IX

135. (1) The ownership of land may be acquired by f~u;? of
peaceable, open and uninterrupted possession without the prescription.
permission of any person lawfully entitled to such posses-
sion for a period of twelve years:

Provided that no person shall so acquire the ownership
of Crown land.

(2) Any person who claims to have acquired the owner-
ship of land by virtue of the provisions of subsection (1) may
apply to the Registrar for registration as proprietor thereof.

136. (1) Where it is shown that a person has been Principles of
possession.

in possession of land, or in receipt of the rents or profits
thereof, at a certain date and is still in possession or receipt
thereof, it shall be presumed that he has, from that date,
been in uninterrupted possession of the land or in uninter-
rupted receipt of the rents or profits until the contrary be
shown.

(2) Possession of land or receipt of the rents or profits
thereof by any person through whom a claimant derives his
possession shall be deemed to have been the possession or
receipt of the rents or profits by the claimant.

(3) Where from the relationship of the parties or from
other special cause it appears that the person in possession
of land is or was in possession on behalf of another, his posses-
sion shall be deemed to be or to have been the possession
of that other.

LAWS OF ANTIGUA AND BARBUDA

68 CAP. 374) Registered Land

(4) If a person whose possession of land is subject to
conditions imposed by or on behalf of the proprietor con-
tinues in such possession after the expiry of the term during
which such conditions subsist, without fulfilment or com-
pliadce with them by such person and without any exercise
by the proprietor of his right to the land, such subsequent
possession shall be deemed to be peaceable, open and uninter-
rupted possession within the meaning of section 135.

(5) For the purposes of subsection (4) of this section-

(a) a tenancy at will shall be deemed to have ter-
minated at the expiration of a period of one year from
the commencement thereof unless it has previously been
determined.

( 6 ) a periodic tenancy shall be deemed to have ter-
minated at the expiration of the period:

Provided that where any rent has subsequently been
paid in respect of the tenancy it shall be deemed to have
terminated at the expiration of the period for which the rent
has been paid.

(6) Possession shall be interrupted-

(a ) by physical entry upon the land by any person
claiming it in opposition to the person in possession with
the intention of causing interruption if the possessor
thereby loses possession; or

( b ) by the institution of legal proceedings by the
proprietor of the land to assert his right thereto; or

(6) by any acknowledgement made by the person
in possession of the land to any person claiming to be
the proprietor thereof that such claim is admitted.

(7) No person possessing land in a fiduciary capacity
on behalf of another shall acquire by prescription the owner-
ship of the land as against such other.

Procedure on 137. (1) On application by any person for registra-
application.

tion as proprietor under section 135 the application shall be
advertised by the Registrar at the expense of the applicant
in such manner as the Registrar may direct.

LAWS OF ANTIGUA AND BARBUDA

Retistered Land (CAP. 374 69

( 2 ) The Registrar shall give notice of any such applica-
tion to the proprietor of the land affected and to any other
person who may, in his opinion, be affected thereby.

(3) After one month has elapsed from the date of giv-
ing notice under subsection (2) the Registrar, on being
satisfied that the applicant has acquired the ownership of
the land claimed, may allow the application and register him
as proprietor of the land claimed, subject to any interests
on the register which have not been extinguished by the
possession.

138. ( 1 ) Except in respect of Crown land, easements Acquisition of
easements and

and profits may be acquired without registration by profits by
peaceable, open and uninterrupted enjoyment thereof for a prescription.
period of twenty years:

Provided that no easement or profit shall be so acquired
unless the proprietor of the land burdeneJ by such easement
or profit is, or by reasonable diligence might have been, aware
of such enjoyment and might by his own efforts have
prevented it.

( 2 ) Where any person claims to have acquired an ease-
ment or profit by virtue of the provisions of subsection ( 1 )
he may apply to the Registrar for registration thereof, and
the Registrar, on being satisfied as to the claim and subject
to such notices, advertisements and conditions as the
Registrar may direct, shall register the easement or profit
as an incumbrance on the register of the land affected and,
in the case of an easement, in the property register of the
land which benefits.

PART X

139. (1) The Registrar may rectify the register or :$:;? by
any instrument presented for registration in the following
cases-

( a ) in formal matters and in the case of errors or
omissions not materially affecting the interest of any
proprietor;

LAWS OF ANTIGUA AND BARBUDA

70 CAP. 374) Refistered Land

( 6 ) where any person has acquired an interest in
land by prescription under PART IX;

(c) in any case and at any time with the consent . of all persons interested;
(d) where, upon resurvey, a dimension or area

shown in the register or registry map is found to be
incorrect, but in such case the Registrar shall first give
notice to all persons appearing by the register to be
interested or affected of his intention so to rectify.

( 2 ) Upon proof of the change of the name or address
of any proprietor, the Registrar shall, on the written applica-
tion of the proprietor make an entry in the register to record
the change.

Rectification by
Court.

140. (1) Subject to the provisions of subsection ( 2 )
the Court may order rectification of the register by direc-
ting that any registration be cancelled or amended where
it is satisfied that any registration including a first registra-
tion has been obtained, made or omitted by fraud or mistake.

( 2 ) The register shall not be rectified so as to affect the
title of a proprietor who is in possession or is in receipt of
the rents or profits and acquired the land, lease or charge
for valuable consideration, unless such proprietor had
knowledge of the omission, fraud or mistake in consequence
of which the rectification is sought, or caused such omis-
sion, fraud or mistake or substantially contributed to it by
his act, neglect or default.

Right of
Compensation.

141. (1) Subject to the provisions of this Act and of
any written law relating to the limitation of actions, any per-
son suffering damage by reason of-

(a) any rectification of the register under this Act;
or

( b ) any mistake or omission in the register which
cannot be rectified under this Act, other than a mistake
or omission in a first registration; or

(c) any error in a certificate of official search issued
by the Registrar or in a copy of or extract from the

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 7 1

register or in a copy of or extract from any document
or plan, certified under the provisions of this Act,

shall be entitled to be compensated by the Government out
of money provided from the Consolidated Fund.

(2) No compensation shall be payable under this Act
to any person who has himself caused or substantially con-
tributed to the damage by his fraud or negligence, or who
derives title (otherwise than under a registered disposition
made bona fide for valuable consideration) from a person who
so caused or substantially contributed to the damage.

142. Where compensation 1s awarded in respect of ion,
the loss of any interest in land, it shall not exceed-

(a) where the register is not rectified, the value of
the interest at the time when the mistake or omission
which caused the damage was made; or

(6) where the register is rectified, the value of the
interest immediately before the time of rectification.

143. The Registrar may, on the application of any Procedure for
claiming

interested party, determine whether a right of compensa- compensation.
tion has arisen under this Part of this Act and, if so, award
compensation and may add thereto any costs and expenses
properly incurred in relation to the matter.

144. Where any moneys are paid by way of com- Recovery compensation of
pensation under this Part of this Act, the Governor-General paid.
shall be entitled to recover by suit or otherwise the amount
so paid from any person who has caused or substantially
contributed to the loss by his fraud or negligence, and to
enforce any express or implied agreement or other right which
the person who is compensated would have been entitled to
enforce in relation to the matter in respect of which the com-
pensation has been paid.

145. (1) As between the Government and a pro- Errors in survey.
prietor, no claim to compensation shall arise and no suit
shall be maintained on account of any surplus or deficiency
in the area or measurement of any land disclosed by a survey
showing an area or measurement differing from the area or

LAWS OF ANTIGUA AND BARBUDA

7 2 CAP. 374) Registered Land

measurement disclosed on any subsequent survey or from
the area or measurement shown in the register or on the
Registry Map.

I (2 ) As between a proprietor and any person from or
through whom he acquired the land, no claim to compensa-
tion shall be maintainable on account of any surplus or defi-
ciency in the area or measurement above or below that shown
in any other survey or above or below the area or measure-
ment shown in the Register or on the Registry Map, after
a period of six months from the date of registration of the
instrument under which the proprietor acquired the land.

PART XI

Power of
Registrar to state

146. Whenever any question arises with regard to
case. the exercise of any power or the performance of any duty

conferred or imposed on him by this Act, the Registrar may
and shall if required to do so by an aggrieved party state
a case for the opinion of the Court; and thereupon the Court
shall give its opinion thereon, which shall be binding upon
the Registrar.

Appeals. 147. (1) The Governor-General or any person
aggrieved by a decision, direction, order, determination or
award of the Registrar may, within thirty days of the deci-
sion, direction, order, determination or award, give notice
to the Registrar in the prescribed form of his intention to
appeal to the Court against the decision, direction, order,
determination or award.

(2) On receipt of a notice of appeal, the Registrar shall
prepare and send to the Court and to the appellant, and
to any other person appearing to him from the register to
be affected by the appeal, a brief statement of the question
in issue.

(3) O n the hearing of the appeal, the appellant and the
Registrar and any other person who, in the opinion of the
Court, is affected by the appeal may, subject to any rules
of court, appear and be heard in person or by a legal
practitioner.

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 7 3

(4) The Court may make such order on the appeal as
the circumstances may require, and every such order shall
be given effect to by the Registrar.

(5) The costs of the appeal shall be in the discretion
of the Court.

148. (1) An appeal to the Court shall not affect a ~ ~ ; ~ s ; ~ s ; $ ~ ~ "
disposition for valuable consideration made in good faith and
registered before delivery of notice of the appeal to the
Registrar.

(2) A note that an appeal is pending shall be made in
the register affected by the appeal and any disposition shall
be subject to such notice.

149. The Court may make rules of Court for AppealRules.
regulating applications and appeals to the Court under the
provisions of this Act, and for the fees to be paid in respect
thereof.

PART XI1

150. Any person who under this Act submits a Addresses.
caution or any instrument for registration or, is the proprietor
of any land, lease or charge, shall furnish to the Registrar
in writing a postal address within Antigua and Barbuda for
service, and shall notify him in writing of any change in
that address-

Provided that the Registrar may in his discretion
dispense with this requirement in regard to any particular
registration or kind of registration.

15 1. A notice under this Act shall be deemed to have k;:. of
been served on or given to any person-

(a) if served on him personally; or

(6 ) if served on an attorney holding a power of
attorney whereunder such attorney is authorised to
accept such service; or

(c) if sent by registered post to him at his last known
postal address in Antiuga and Barbuda or elsewhere and

LAWS OF ANTIGUA AND BARBUDA

74 CAP. 374) Re~istered Land

a receipt purporting to have been signed by him has
been received in return; or

(6) if service cannot be effected in one of the above
,mentioned ways, by displaying it in a prominent place
on the land affected for a period of three weeks and by
two publications in a local newspaper.

Meaning of
"opportunity of

152. (1) Where by this Act a thing is to be or may
being heard-. be done after giving a person an opportunity of being heard,

that person shall be deemed to have been given such an
opportunity-

(a) if he attends before the Registrar personally or
by a legal practitioner or other agent, and is given such
an opportunity; or

( b ) if he intimates personally or by a legal practi-
tioner or other agent, that he does not wish to be heard;
or

(c) if he fails to attend pursuant to a notice in
writing indicating the nature of the thing to be done
and appointing a day and time not less than thirty days
after service of the notice at which he will, if he attends
before the Registrar, be heard.

(2) Where a person or a legal practitioner or other agent
on his behalf attends before the Registrar concerning a mat-
ter on which he is entitled to an opportunity of being heard,
or fails to attend pursuant to such a notice as aforesaid, the
Registrar may, if he thinks fit, adjourn the hearing from
time to time, and, notwithstanding the failure to attend, may,
if he thinks fit, hear such person at any time.

(3) Where by this Act all persons interested are to be
given an opportunity of being heard, it shall be sufficient
if all persons who, according to any subsisting entry in the
register, appear to be so interested or affected are given such
opportunity.

Offences. 153. (1) Any person who-
(a) knowingly misleads or deceives any person

authorised by or under this Act to require information
in respect of any land or interest in land; or

LAWS OF ANTIGUA AND BARBUDA

Registered Land (CAP. 374 7 5

( b ) fraudulently issues or makes, or fraudulently
procures the issue or making, of any certificate or other
document, or any registration, or any erasure or altera-
tion in any certificate or other document or in any
register; or

(c) fraudulently uses, assists in fraudulently using
or is privy to the fraudulent use of any instrument or
form purporting to be issued or authorised by the
Registrar; or

(6) causes any defacement, obliteration, mutilation
or unauthorised entry or alteration to be made on or
in any register or filed instrument,

shall be guilty of an offence and liable on summary convic-
tion to a fine of fifteen thousand dollars or to imprisonment
for one year.

(2) If any person after the delivery to him of a sum-
mons to attend before the Registrar or to produce any docu-
ment neglects or refuses without reasonable cause to attend
in accordance with the summons, or to produce any docu-
ment which he is required by the summons to produce, or
to answer upon oath or otherwise any question which is
lawfully put to him by the Registrar under the powers con-
ferred by this Act, he shall be guilty of an offence and liable
on summary conviction to a fine of three hundred dollars.

154. (1) There shall be payable in respect of land Fees.
certificates, certificates of leases, searches, survey plans,
printed forms and all other matters connected with registra-
tion such fees as shall from time to time be prescribed, and
the Registrar may refuse registration until the fees are paid.

(2) The Registrar may act notwithstanding that the
prescribed fee or any part thereof has not been paid, but
the unpaid fee or part of a fee shall be recorded in the register.

(3) The Registrar may refuse to register a disposition
of any land, lease or charge against which unpaid fees are
recorded until such fees are paid.

LAWS OF ANTIGUA AND BARBUDA

76 CAP. 374) Registered Land

Recovery of fees
and expenses.

155. Unpaid fees or expenses incurred by the
Registrar shall constitute a civil debt recoverable by the
Registrar.

Enforcement of 156. An order for the payment of a sum of money
Registrar's orders
for payment. made by the Registrar under any power conferred by this

Law shall be deemed to be an order of a Magistrate's court
and shall be enforceable as such.

Jurisdiction of
Courts.

157. Civil suits and proceedings relating to the owner-
ship or the possession of land, or to a lease or charge,
registered under this Act or to any interest in any such land,
lease or charge, being an interest which is registered or
registrable under this Act, or being an interest which is refer-
red to in section 28 shall be tried by the Court, or where
the value of the subject matter in dispute does not exceed
fifteen hundred dollars by a Magistrate's court.

Rules. 158. The Minister responsible for legal affairs may
make rules generally to give effect to the purposes and pro-
visions of this Act, and in particular, and without prejudice
to the generality of the foregoing, for prescribing the forms
to be used under this Act and the fees payable for anything
to be done thereunder, and for prescribing anything which
under this Act may be prescribed.

Saving of rights. 159. Nothing in this Act shall prejudice any of the
interests, rights, powers and privileges conferred on the
Crown or the Government by any other written law.

Act to bind
Crown and

160. Subject to section 159, this Act binds the Crown
Government. and the Government.

Other Law. 161. Any matter not provided for in this Act or in
any other written law in relation to land, leases and charges
registered under this Act and interests therein shall be decided
in accordance with the principles of justice, equity and good
conscience.