Conveyancing and Law of Property
CONVEYANCING AND LAW OF
PROPERTY ACT
CHAPTER 56:01
LAWS OF TRINIDAD AND TOBAGO
Ordinance No. 18 of 1939
Amended by
28 of 1973
51 of 1976
52 of 1976
136/1976
*47 of 1980
*20 of 1981
72 of 2000
*See Note of page 2
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–78 ..
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note on
Charges for Common Law Conveyancing Transactions
For charges for common law conveyancing transactions see “The Attorneys-at-law
(Remuneration) (Non-Contentious Business) Rules, 1997 (LN 77/1997)” contained in
the Real Property Act (Ch. 56:02) and the Legal Profession Act (Ch. 90.03).
Note on Act No. 47 of 1980
The fines imposed by this Act have been increased by the manner and the formula contained
in section 8 of, and the Second Schedule to, the Law Reform (Miscellaneous Provisions) Act
1980 (Act No. 47 of 1980).
Note on Act No. 20 of 1981
The Land Law and Conveyancing Act, 1981 (Act No. 20 of 1981) purported to repeal (in the
Fifth Schedule) the Act. However, Act No. 20 of 1981 had not, at the date of the revision of this
Act, been brought into operation.
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CHAPTER 56:01
CONVEYANCING AND LAW OF
PROPERTY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PART I
PRELIMINARY
2. Interpretation.
3. Deed to have same effect and questions arising thereon to be decided
as in England.
PART II
SALES AND OTHER TRANSACTIONS
CONTRACTS
4. Contracts for sale, etc., of land to be in writing.
5. Statutory commencement.
6. Regulation of obligations and rights of vendor and purchaser.
7. Applications to the Court by vendor and purchaser.
8. Discharge of encumbrances by the Court on sales or exchanges.
DEEDS
9. Lands lie in grant only.
10. Conveyances to be by Deed.
11. Sufficiency of forms in First Schedule.
12. Taker of estate not party to Deed.
13. Conditions and certain covenants not implied.
14. Construction of supplemental or annexed Deed.
15. Abolition of technicalities in regard to conveyances and Deeds.
16. General words implied in conveyances.
17. All estate clause implied.
PRODUCTION AND CUSTODY OF DOCUMENTS
18. Production and safe custody of documents.
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EASEMENTS
19. Grants of easements, etc., by way of use.
RECEIPT IN DEED
20. Receipt in Deed sufficient.
21. Receipt in Deed or endorsed evidence.
22. Receipt in Deed of endorsed authority for payment to Attorney-at-law.
RELEASES
23. Partial release of security from rent charge.
24. Release of part of land affected by a judgment.
CONVEYANCES BY A PERSON TO HIMSELF, ETC.
25. Conveyances by a person to himself, etc.
EXECUTION OF PURCHASE DEED
26. Rights of purchaser as to execution.
COVENANTS
27. Covenants for title.
On conveyance for value by beneficial owner.
Right to convey.
Quiet enjoyment.
Freedom from encumbrances.
Further assurance.
On conveyance of leaseholds for value by beneficial owner.
On mortgage by beneficial owner.
Right to convey.
Quiet enjoyment.
Futher assurance.
On mortgage of leaseholds by beneficial owner.
Validity of lease.
On settlement.
For further assurance limited.
On conveyance by trustee or mortgagee.
Against encumbrances.
Effect of conveyance by direction of beneficial owner.
Conveyance by husband and wife as beneficial owners.
No implied covenants except in above cases.
Devolution of benefit of implied covenant.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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Variation or extension of implied covenant.
Application of section.
28. Benefit of covenants relating to land.
29. Covenants binding land.
30. Effect of covenant with two or more jointly.
31. Construction of implied covenants.
PART III
MORTGAGES
32. Mortgages may be made by way of sale, demise or assignment, as in
England.
32A. Conveyance of land subject to mortgage after release of mortgage.
33. Power of mortgagor to require transfer instead of reconveyance.
Extension of mortgagor’s right.
Application of section.
34. Regulations respecting inspection, production and delivery of
documents and priorities.
35. Restriction on consolidation of mortgages.
36. Notice of trusts on transfer of mortgage.
37. Leasing powers of mortgagor and mortgagee in possession.
Leases authorised.
Time of taking effect.
Reserving best rent.
Covenant for payment of rent.
Building provisions.
Nominal rent for five years.
Enforcing contract for lease.
Application of section.
Mortgage Deed may contain different powers.
38. Powers of mortgagor and mortgagee in possession to accept surrenders
of lease.
Enforcing contract for surrender.
39. Powers incident to estate or interest of mortgagee.
40. Powers incident to mortgagee’s power of sale, without application
to Court.
Application of section.
41. Regulation of exercise of power of sale.
42. Power to mortgagee to convey on sale.
43. Application of proceeds of sale.
44. Provisions as to exercise of power of sale.
SECTION
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45. Mortgagee’s receipt sufficient discharge.
Application of money received under mortgage.
46. Amount and application of insurance money.
47. Appointment, powers, remuneration and duties of receiver.
48. Effect of advance on joint account, etc.
49. Sale of mortgaged property in action for redemption or foreclosure.
PART IV
STATUTORY MORTGAGES
50. Form of statutory mortgage.
Implied covenant.
Implied proviso for redemption.
51. Forms of statutory transfer of mortgage.
Effect of transfer.
52. Implied covenants, joint and several.
53. Form of reconveyance of statutory mortgage.
PART V
RENT CHARGES
54. Remedies for recovery of annual sums charged on land.
Entry and distraint on 21 days’ arrears.
Entry into possession on 40 days’ arrears.
PART VI
POWERS OF ATTORNEY
55. Execution under power of attorney.
56. Payment by attorney under power without notice of death, etc.
57. Effect of irrevocable power of attorney for value.
58. Effect of power of attorney irrevocable for a fixed time.
59. Duration of registered power of attorney.
60. Power of attorney—how revoked.
PART VII
CONTINGENT INTERESTS
61. Contingent or other interests.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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62. Contingent remainder.
63. Restriction on executory limitations.
PART VIII
LEASES
64. Effect of extinguishment of reversion.
65. Apportionment of conditions on severance.
66. Rent and benefit of lessee’s covenants.
67. Obligation of lessor’s covenants to run with reversion.
68. Effect of licence granted to lessee.
69. No fine to be exacted for licence to assign.
70. Restrictions on and relief against forfeiture of leases and under-leases.
PART IX
POWERS
71. Release of powers simply collateral.
72. Disclaimer of power.
73. Execution of powers not testamentary.
74. Application of this Part to existing powers.
PART X
MARRIED WOMEN AND INFANTS
MARRIED WOMEN
75.
76.
INFANTS
77. Management of land during minority or pending contingency.
PART XI
VOIDABLE DISPOSITIONS
78. Voluntary conveyances to defraud creditors voidable.
79. Voluntary disposition of land how far voidable as against purchasers.
} (Repealed by Act No. 52 of 1976).
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PART XII
NOTICE
80. Restriction on constructive notice.
81. Regulations respecting notice.
PART XIII
GENERAL
82. Protection of Attorneys-at-law and trustees adopting Act.
83. Fraudulent concealment of documents and falsification of pedigrees.
84. Consideration or rent reserved must be truly stated.
Reward to informer.
85. Return of consideration or rent not stated.
86. Aiding in untrue statement of consideration or rent.
87. Payment into Court, jurisdiction and procedure.
88. Orders of Court conclusive.
89. Power to make Rules of Court.
FIRST SCHEDULE.
SECOND SCHEDULE.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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CHAPTER 56:01
CONVEYANCING AND LAW OF PROPERTY ACT
An Act relating to Conveyancing and the Law of Property.
[1ST SEPTEMBER 1939]
1. This Act may be cited as the Conveyancing and Law of
Property Act.
PART I
PRELIMINARY
2. In this Act—
“bankruptcy” includes liquidation by arrangement, also in relation
to a corporation means the winding up thereof;
“building purposes” include the erecting and improving of, and
the adding to, and the repairing of buildings; and a “building
lease” is a lease for building purposes or purposes connected
therewith;
“conveyance” includes a mortgage, charge, lease, assent, vesting
declaration, vesting instrument, disclaimer, release and every
other assurance of property or of an interest therein by any
instrument, except a Will; “convey” has a corresponding
meaning; and “disposition” includes a conveyance and also
a devise, bequest, or an appointment of property contained
in a Will; and “dispose of” has a corresponding meaning;
“Court” means the Supreme Court;
“encumbrance” includes a mortgage in fee, or for a less estate,
and a trust for securing money, and a lien, and a charge of a
portion, annuity, or other capital or annual sum; and
“encumbrancer” has a corresponding meaning, and includes
every person entitled to the benefit of an encumbrance, or
to require payment or discharge thereof;
“income” includes rents and profits;
Ordinance
Ch. 27. No. 12.
1940.
Commencement.
Short title.
Interpretation.
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“land” includes land of any tenure, houses and other buildings,
mines and minerals, and other corporeal hereditaments; also
a rent and other incorporeal hereditaments, and an easement,
right, privilege, or benefit in, over, or derived from land, and
also an undivided share in land; and in this definition “mines
and minerals” include any strata or seam of minerals or
substances in or under any land, and powers of working and
winning the same; and “hereditaments” mean real property
which under an intestacy devolve on the next of kin;
“lessor” includes an under-lessor and a person deriving title under
a lessor or under-lessor; “ lessee” includes an under-lessee
and a person deriving title under a lessee or under-lessee;
and “ lease” includes an under-lease or other tenancy;
“mining lease” means a lease for mining purposes; that is, the
searching for, winning, working, getting, making
merchantable, carrying away, or disposing of mines and
minerals, or purposes connected therewith, and includes a
grant or licence for mining purposes;
“mortgage” includes any charge on any property for securing
money or money’s worth; and “mortgage money” means
money, or money’s worth, secured by a mortgage; and
“mortgagor” includes any person from time to time deriving
title under the original mortgagor, or entitled to redeem a
mortgage, according to his estate, interest, or right in the
mortgaged property; and “mortgagee” includes any person
from time to time deriving title under the original mortgagee;
and “mortgagee in possession” means a mortgagee who, in
right of the mortgage, has entered into and is in possession
of the mortgaged property;
“personal representative” means the executor or administrator for
the time being of a deceased person and includes the
Administrator General;
“possession” includes receipt of rents and profits or the right to
receive the same, if any;
“property” includes anything in action, and any interest in real
or personal property;
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“purchaser” includes a lessee or mortgagee, and an intending
purchaser, lessee, or mortgagee, or other person, who, for
valuable consideration, takes or deals for any property; and
“purchase” has a corresponding meaning;
“rent” includes yearly or other rent, toll, duty, royalty, or other
reservation, by the acre, the ton, or otherwise reserved or
issuing out of or charged upon land, but does not include
mortgage interest; “fine” includes a premium or fore-gift, and
any payment, consideration or benefit in the nature of a fine,
premium or fore-gift;
“sale” means a sale properly so called;
“securities” include stocks, funds and shares;
“Will” includes codicil.
3. Every Deed made after the 10th of June, 1844, shall be
taken to have the same effect as the same would have by the law
of England in force on the 1st of April, 1858, subject however, to
the provisions of any statutory enactments for the time being in
force in Trinidad and Tobago, and where any question shall arise
in any suit, action, or other proceeding in any Court or before
any Judge or Magistrate, as to the operation or construction of
any such Deed, or as to the estate, use, trust, confidence, or interest
of or in any real or personal property, created or given by, or
arising or resulting by the implication or construction of law from,
any such deed, or as to the quality, quantity, vesting, transfer, or
extinguishment of, or the incidents to any such estate, use, trust,
confidence, or interest; or whether the estate, possession, and
seisin of any lands, or the posession and seisin of any annual rent
is executed unto the person having the use, confidence, or trust
of such lands, or the title, interest, or use of such rent; or as to the
validity or effect of any condition contained in any such Deed,
or as to any power or the execution of any power given by any
such Deed; every such question shall be decided according to
the law of England in force on the 1st of April, 1858, subject
however, to the provisions of any statutory enactments for the
time being in force in Trinidad and Tobago.
Deed to have
same effect and
questions arising
thereon to be
decided as in
England.
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PART II
SALES AND OTHER TRANSACTIONS
CONTRACTS
4. (1) No action may be brought upon any contract for the
sale or other disposition of and or any interest in land, unless the
agreement upon which such action is brought, or some
memorandum or note thereof, is in writing, and signed by the
party to be charged or by some other person thereunto by him
lawfully authorised.
(2) This section applies to contracts whether made before
or after the commencement of this Act and does not affect the law
relating to part performance, or sales by the Court.
5. In the completion of any contract of sale of land after the
13th October, 2000 and subject to any stipulation to the contrary
in the contract, twenty years shall be the period of commencement
of the title which a purchaser may require.
6. (1) Under a contract to grant or assign a term of years,
whether derived or to be derived out of freehold or leasehold land,
the intended lessee or assign shall not be entitled to call for the
title to the freehold.
(2) Under a contract to sell and assign a term of years
derived out of a leasehold interest in land, the intended assign shall
not have the right to call for the title to the leasehold reversion.
(3) On a contract to grant a lease for a term of years to
be derived out of a leasehold interest, with a leasehold reversion,
the intended lessee shall not have the right to call for the title to
that reversion.
(4) Where by reason of any of the three last preceding
subsections, an intending lessee or assign is not entitled to call for
the title to the freehold or to a leasehold reversion, as the case may
be, he shall not, where the contract is made after the commencement
Contracts for
sale, etc., of
land to be in
writing.
Statutory
commencement.
[72 of 2000].
Regulation of
obligations and
rights of vendor
and purchaser.
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of this Act, be deemed to be affected with notice of any matter or
thing of which, if he had contracted that such title should be
furnished, he might have had notice.
(5) A purchaser shall not be deemed to be or ever to have
been affected with notice of any matter or thing of which, if he had
investigated the title or made enquiries in regard to matters prior
to the period of commencement of title fixed by this Act, or by any
other Act or Ordinance, or by any rule of law, he might have had
notice, unless he actually makes such investigation or enquiries.
(6) Where a lease whether made before or after the
commencement of this Act, is made under a power contained in
a settlement, Will, Order-in-Council, Act or Ordinance, or other
instrument, any preliminary contract for or relating to the lease
shall not, for the purpose of deduction of title to an intended assign,
form part of the title, or evidence of the title, to the lease.
(7) Recitals, statements, and descriptions of facts, matters,
and parties contained in Deeds, instruments, Acts or Ordinances,
or statutory declarations, twenty years old at the date of the contract,
shall, unless and except so far as they may be proved to be
inaccurate, be taken to be sufficient evidence of the truth of such
facts, matters, and descriptions.
(8) A purchaser of any property shall not—
(a) require the production, or any abstract or copy,
of any Deed, Will, or other document, dated or
made before the time prescribed by law, or
stipulated, for the commencement of the title,
even though the same creates a power
subsequently exercised by an instrument
abstracted in the abstract furnished to the
purchaser; or
(b) require any information, or make any
requisition, objection, or enquiry, with respect
to any such Deed, Will, or document, or the
title prior to that time, notwithstanding that any
such Deed, Will, or other document, or that prior
title, is recited, agreed to be produced, or noticed,
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and he shall assume, unless the contrary appears, that the recitals,
contained in the abstracted instruments, of any Deed, Will, or other
document, forming part of that prior title, are correct, and give all
the material contents of the Deed, Will, or other document so
recited, and that every document so recited was duly executed by
all necessary parties, and perfected if and as required, by
acknowledgment, registration, or otherwise:
Provided that this subsection shall not deprive a purchaser of
the right to require the production, or an abstract or copy of—
(i) any power of attorney under which any
abstracted document is executed; or
(ii) any document creating or disposing of an
interest, power or obligation which is not
shown to have ceased or expired, and
subject to which any part of the property is
disposed of by an abstracted document ; or
(iii) any document creating any limitation or
trust by reference to which any part of
the property is disposed of by an
abstracted document.
(9) Where land sold is held by lease (other than an under-
lease), the purchaser shall assume, unless the contrary appears,
that the lease was duly granted; and, on production of the receipt
for the last payment due for rent under the lease before the date of
actual completion of the purchase, he shall assume, unless the
contrary appears, that all the covenants and provisions of the lease
have been duly performed and observed up to the date of actual
completion of the purchase.
(10) Where land sold is held by under-lease, the purchaser
shall assume, unless the contrary appears, that the under-lease and
every superior lease were duly granted; and, on production of the
receipt for the last payment due for rent under the under-lease before
the date of actual completion of the purchase, he shall assume,
unless the contrary appears, that all the covenants and provisions
of the under-lease have been duly performed and observed up to
the date of actual completion of the purchase, and further that all
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rent due under every superior lease, and all the covenants and
provisions of every superior lease, have been paid and duly
performed and observed up to that date.
(11) On a sale of any property, the following expenses
shall be borne by the purchaser where he requires them to be
incurred for the purpose of verifying the abstract or any other
purpose, that is to say:
(a) the expenses of the production and inspection of
all Acts or Ordinances, records, proceedings of
Courts, Deeds, Wills, Probates, Letters of
Administration, and other documents, not in the
possession of the vendor or his mortgagee or
trustee, and the expenses of all journeys incidental
to such production or inspection; and
(b) the expenses of searching for, procuring, making,
verifying, and producing all certificates,
declarations, evidences, and information not in the
possession of the vendor or his mortgagee or trustee,
and all attested, stamped, office, or other copies
or abstracts of, or extracts from, any Acts or
Ordinances or other documents aforesaid, not in the
possession of the vendor or his mortgagee or trustee,
and where the vendor or his mortgagee or trustee retains possession
of any document, the expenses of making any copy thereof, attested
or unattested, which a purchaser requires to be delivered to him,
shall be borne by that purchaser.
(12) On a sale of any property in lots, a purchaser of two
or more lots, held wholly or partly under the same title, shall not
have a right to more than one abstract of the common title, except
at his own expense.
(13) This section applies to contracts for sale made
before or after the commencement of this Act, and applies to
contracts for exchange in like manner as to contracts for sale,
except that it applies only to contracts for exchange made after
such commencement:
Provided that this section shall apply subject to any stipulation
or contrary intention expressed in the contract.
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(14) Nothing in this section shall be construed as binding
a purchaser to complete his purchase in any case where, on a
contract made independently of this section, and containing
stipulations similar to the provisions of this section, or any of them,
specific performance of the contract would not be enforced against
him by the Court.
7. (1) A vendor or purchaser of any interest in land, or their
representatives respectively, may apply in a summary way to the
Court, in respect of any requisitions or objections, or any claim for
compensation, or any other question arising out of or connected
with the contract (not being a question affecting the existence or
validity of the contract), and the Court may make such order upon
the application as to the Court may appear just, and may order
how and by whom all or any of the costs of and incident to the
application are to be borne and paid.
(2) Where the Court refuses to grant specific performance
of a contract, or in any action for the return of a deposit, the Court
may, if it thinks fit, order the repayment of any deposit.
(3) This section applies to a contract for the sale or
exchange of any interest in land.
8. (1) Where land subject to any encumbrance, whether
immediately realisable or payable or not, is sold or exchanged by
the Court, or out of Court, the Court may, if it thinks fit, on the
application of any party to the sale or exchange, direct or allow
payment into Court of such sum as is hereinafter mentioned, that
is to say—
(a) in the case of an annual sum charged on the land,
or of a capital sum charged on a determinable
interest in the land, the sum to be paid into Court
shall be of such amount as, when invested in
Government securities, the Court considers will
be sufficient, by means of the dividends thereof,
to keep down or otherwise provide for that
charge; and
Applications to
the Court by
vendor and
purchaser.
Discharge of
encumbrances
by the Court on
sales or
exchanges.
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(b) in any other case of capital money charged on
the land, the sum to be paid into Court shall be of
an amount sufficient to meet the encumbrance and
any interest due thereon,
but in either case there shall also be paid into Court such additional
amount as the Court considers will be sufficient to meet the
contingency of further costs, expenses and interests, and any other
contingency, except depreciation of investments, not exceeding
one-tenth part of the original amount to be paid in, unless the Court
for special reason thinks fit to require a larger additional amount.
(2) Thereupon the Court may, if it thinks fit, and either
after or without any notice to the encumbrancer, as the Court thinks
fit, declare the land to be freed from the encumbrance, and make
any order for conveyance, or vesting order, proper for giving effect
to the sale or exchange and give directions for the retention and
investment of the money in Court and for the payment or application
of the income thereof.
(3) The Court may declare all other land, if any, affected
by the encumbrance (besides the land sold or exchanged) to be
freed from the encumbrance, and this power may be exercised
either after or without notice to the encumbrancer, and
notwithstanding that on a previous occasion an order relating to
the same encumbrance, has been made by the Court which was
confined to the land then sold or exchanged.
(4) On any application under this section the Court may,
if it thinks fit, as respects any vendor or purchaser, dispense with
the service of any notice which would otherwise be required to be
served on the vendor or purchaser.
(5) After notice served on the persons interested in or
entitled to the money or fund in Court, the Court may direct payment
or transfer thereof to the persons entitled to receive or give a discharge
for the same, and generally may give directions respecting the
application or distribution of the capital or income thereof.
(6) This section applies to sales or exchanges whether
made before or after the commencement of this Act.
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DEEDS
9. (1) All lands and all interests therein lie in grant and are
incapable of being conveyed by livery or livery and seisin, or by
feoffment, or by bargain and sale; and a conveyance of an interest
in land may operate to pass the possession or right to possession
thereof without actual entry, but subject to all prior rights thereto.
(2) The use of the word “grant” is not necessary to convey
land or to create any interest therein.
10. (1) All conveyances of land or of any interest therein are
void for the purpose of conveying or creating a legal estate unless
made by Deed.
(2) This section does not apply to—
(a) disclaimers made under section 57 of the
Bankruptcy Act, and under the Companies Act;
(b) surrenders by operation of law, including
surrenders which may, by law, be effected without
writing;
(c) leases or tenancies or other assurances not
required by law to be made in writing;
(d) receipts not required to be by Deed;
(e) vesting orders of the Court;
(f) conveyances taking effect by operation of law.
11. Deeds in the form of and using the expressions in the forms
given in the First Schedule hereto, or in the like form or using
expressions to the like effect, shall, as regards form and expression
in relation to the provisions of this Act be sufficient.
12. A person may take an immediate or other interest in land
or other property or the benefit of any condition, right of entry,
covenant or agreement over or respecting land or other property,
although he may not be named as a party to the conveyance or
other instrument.
Lands lie in
grant only.
Conveyances to
be by Deed.
Ch. 9:70.
Ch. 81:01.
Sufficiency of
forms in First
Schedule.
Taker of estate
not party to
Deed.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
Conveyancing and Law of Property Chap. 56:01 19
L.R.O.
13. (1) An exchange or other conveyance of land made by Deed
after the 10th of June, 1844, does not imply any condition in law.
(2) The word “give” or “grant” does not, in a Deed made
after the date mentioned in subsection (1), imply any covenant
in law.
14. (1) A Deed expressed to be supplemental to a previous
deed, or directed to be read as an annex thereto, shall, as far as
may be, be read and have effect as if the Deed so expressed or
directed were made by way of endorsement on the previous Deed,
or contained a full recital thereof.
(2) This section applies to Deeds executed either before
or after the commencement of this Act.
15. (1) A conveyance of freehold land to any person without
words of limitation, or any equivalent expression, shall pass to the
grantee the fee simple or other the whole interest which the grantor
had power to convey in such land, unless a contrary intention
appears in the conveyance.
(2) A conveyance of freehold land to a corporation sole
by his corporate designation without the word “successors” shall
pass to the corporation the fee simple or other the whole interest
which the grantor had power to convey in such land, unless a
contrary intention appears in the conveyance.
(3) The foregoing provisions of this section apply only
to conveyances and Deeds executed after the commencement of
this Act:
Provided that in a Deed executed after the 1st of January, 1885,
it is sufficient—
(a) in the limitation of an estate in fee simple, to use
the words “in fee simple” without the word “heirs”;
(b) in the limitation of an estate tail, to use the
words “in tail” without the words “heirs of the
body”; and
(c) in the limitation of an estate in tail male or in
tail female, to use the words “in tail male” or
Conditions and
certain
covenants not
implied.
Construction of
supplemental or
annexed deed.
Abolition of
technicalities in
regard to
conveyances
and deeds.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
20 Chap. 56:01 Conveyancing and Law of Property
“in tail female”, as the case requires, without
the words “heirs male of the body”, or “heirs
female of the body”.
16. (1) A conveyance of land shall be deemed to include and
shall by virtue of this Act operate to convey, with the land, all
buildings, erections, fixtures, hedges, ditches, fences, ways, waters,
watercourses, liberties, privileges, easements, rights, and
advantages whatsoever, appertaining or reputed to appertain to the
land, or any part thereof, or, at the time of conveyance, demised,
occupied, or enjoyed with, or reputed or known as part or parcel
of or appurtenant to the land or any part thereof.
(2) A conveyance of land, having houses or other
buildings thereon, shall be deemed to include and shall by virtue
of this Act operate to convey, with the land, houses, or other
buildings, all outhouses, erections, fixtures, cellars, areas, courts,
courtyards, cisterns, sewers, gutters, drains, ways, passages, lights,
watercourses, liberties, privileges, easements, rights, and
advantages whatsoever, appertaining or reputed to appertain to the
land, houses, or other buildings conveyed, or any of them, or any
part thereof, or, at the time of conveyance, demised, occupied, or
enjoyed with, or reputed or known as part or parcel of or
appurtenant to, the land, houses, or other buildings conveyed, or
any of them, or any part thereof.
(3) This section applies only if and as far as a contrary
intention is not expressed in the conveyance, and has effect subject
to the terms of the conveyance and to the provisions therein
contained.
(4) This section shall not be construed as giving to any
person a better title to any property, right, or thing in this section
mentioned than the title which the conveyance gives to him to the
land expressed to be conveyed, or as conveying to him any
property, right, or thing in this section mentioned, further or
otherwise than as the same could have been conveyed to him by
the conveying parties.
(5) This section applies to conveyances made after the
1st of January, 1885.
General words
implied in
conveyances.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
Conveyancing and Law of Property Chap. 56:01 21
L.R.O.
17. (1) Every conveyance is effectual to pass all the estate,
right, title, interest, claim, and demand which the conveying parties
respectively have, in, to, or on the property conveyed, or expressed
or intended so to be, or which they respectively have power to
convey in, to, or on the same.
(2) This section applies only if and as far as a contrary
intention is not expressed in the conveyance, and has effect subject
to the terms of the conveyance and to the provisions therein
contained.
(3) This section applies to conveyances made after the
1st of January, 1885.
PRODUCTION AND CUSTODY OF DOCUMENTS
18. (1) Where a person retains possession of documents and
gives to another an acknowledgment in writing of the right of that
other to production of those documents, and to delivery of copies
thereof (in this section called an acknowledgment), that
acknowledgment shall have effect as in this section provided.
(2) An acknowledgment shall bind the documents to
which it relates in the possession or under the control of the person
who retains them, and in the possession or under the control of
every other person having possession or control thereof from time
to time, but shall bind each individual possessor or person as long
only as he has possession or control thereof; and every person so
having possession or control from time to time shall be bound
specifically to perform the obligations imposed under this section
by an acknowledgment, unless prevented from so doing by fire or
other inevitable accident.
(3) The obligations imposed under this section by an
acknowledgment are to be performed from time to time at the request
in writing of the person to whom an acknowledgment is given, or of
any person, not being a lessee at a rent, having or claiming any
estate, interest, or right through or under that person or otherwise
becoming through or under that person interested in or affected by
the terms of any document to which the acknowledgment relates.
All estate clause
implied.
Production and
safe custody of
documents.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
22 Chap. 56:01 Conveyancing and Law of Property
(4) The obligations imposed under this section by an
acknowledgment are—
(a) an obligation to produce the documents or any of
them at all reasonable times for the purpose of
inspection, and of comparison with abstracts or
copies thereof, by the person entitled to request
production or by any person by him authorised
in writing; and
(b) an obligation to produce the documents or any of
them at any trial, hearing or exmination in any
Court, or in the execution of any commission, or
elsewhere in Trinidad and Tobago, on any occasion
on which production may properly be required, for
proving or supporting the title or claim of the
person entitled to request production, or for any
other purpose relative to that title or claim; and
(c) an obligation to deliver to the person entitled to
request the same true copies or extracts, attested
or unattested, of or from the documents or any
of them.
(5) All costs and expenses of or incidental to the specific
performance of any obligation imposed under this section by an
acknowledgment shall be paid by the person requesting
performance.
(6) An acknowledgment shall not confer any right to
damages for loss or destruction of, or injury to, the documents to
which it relates, from whatever cause arising.
(7) Any person claiming to be entitled to the benefit of
an acknowledgment may apply to the Court for an order directing
the production of the documents to which it relates, or any of them,
or the delivery of copies of or extracts from those documents or
any of them to him, or some person on his behalf; and the Court
may, if it thinks fit, order production, or production and delivery,
accordingly, and may give directions respecting the time, place,
terms, and mode of production or delivery, and may make such
order as it thinks fit respecting the costs of the application, or any
other matter connected with the application.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
Conveyancing and Law of Property Chap. 56:01 23
L.R.O.
(8) An acknowledgment shall by virtue of this Act
satisfy any liability to give a covenant for production and delivery
of copies of or extracts from documents.
(9) Where a person retains possession of documents
and gives to another an undertaking in writing for safe custody
thereof, that undertaking shall impose on the person giving it,
and on every person having possession or control of the
documents from time to time, but on each individual possessor
or person as long only as he has possession or control thereof,
an obligation to keep the documents safe, whole, uncancelled,
and undefaced, unless prevented from so doing by fire or other
inevitable accident.
(10) Any person claiming to be entitled to the benefit of
such an undertaking may apply to the Court to assess damages
for any loss or destruction of, or injury to, the documents or any
of them, and the Court may, if it thinks fit, direct an inquiry
respecting the amount of damages, and order payment thereof
by the person liable, and may make such order as it thinks fit
respecting the costs of the application, or any other matter
connected with the application.
(11) An undertaking for safe custody of documents shall
by virtue of this Act satisfy any liability to give a covenant for
safe custody of documents.
(12) The rights conferred by an acknowledgment or an
undertaking under this section shall be in addition to all such other
rights relative to the production, or inspection, or the obtaining
of copies of documents, as are not, by virtue of this Act, satisfied
by the giving of the acknowledgment or undertaking, and shall
have effect subject to the terms of the acknowledgment or
undertaking, and to any provisions therein contained.
(13) This section applies only if and as far as a contrary
intention is not expressed in the acknowledgment or undertaking.
(14) This section applies to an acknowledgment or
undertaking given, or a liability respecting documents incurred,
after the 1st of January, 1885.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
24 Chap. 56:01 Conveyancing and Law of Property
EASEMENTS
19. (1) A conveyance of freehold land to the use that any
person may have, for an estate or interest not exceeding in
duration the estate conveyed in the land, any easement, right,
liberty, or privilege in, or over, or with respect to that land, or
any part thereof, shall operate to vest in possession in that
person that easement, right, liberty, or privilege, for the estate
or interest expressed to be limited to him; and he, and the
persons deriving title under him shall have, use, and enjoy
the same accordingly.
(2) This section applies only to conveyances made after
the 1st of January, 1885.
RECEIPT IN DEED
20. (1) A receipt for consideration money or securities in the
body of a Deed shall be a sufficient discharge for the same to the
person paying or delivering the same, without any further receipt
for the same being endorsed on the Deed.
(2) This section applies to Deeds executed after the 1st
of January, 1885.
21. (1) A receipt for consideration money or other
consideration in the body of a Deed or endorsed thereon shall,
in favour of a subsequent purchaser, not having notice that the
money or other consideration thereby acknowledged to be
received was not in fact paid or given, wholly or in part, be
sufficient evidence of the payment or giving of the whole
amount thereof.
(2) This section applies to Deeds executed after the 1st
of January, 1885.
22. (1) Where an Attorney-at-law produces a Deed, having
in the body thereof or endorsed thereon a receipt for consideration
money or other consideration, the Deed being executed, or the
endorsed receipt being signed, by the person entitled to give a
Grants of
easements, etc.,
by way of use.
Receipt in Deed
sufficient.
Receipt in deed
or endorsed
evidence.
Receipt in Deed
of endorsed
authority for
payment to
Attorney-at-law.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
Conveyancing and Law of Property Chap. 56:01 25
L.R.O.
receipt for that consideration, the Deed shall be a sufficient authority
to the person liable to pay or give the same for his paying or giving
the same to the Attorney-at-law, without the Attorney-at-law
producing any separate or other direction or authority in that behalf
from the person who executed or signed the deed or receipt.
(2) This section applies whether the consideration was
paid or given before or after the commencement of this Act.
RELEASES
23. (1) A release from a rent charge of part of the land charged
therewith does not extinguish the whole rent charge, but operates
only to bar the right to recover any part of the rent charge out of
the land released, without prejudice to the rights of any persons
interested in the land remaining unreleased, and not concurring in
or confirming the release.
(2) This section applies to releases made after the 1st of
October, 1864.
24. (1) A release from a judgment (including any writ or order
imposing a charge) of part of any land charged therewith does not
affect the validity of the judgment as respects any lands not
specifically released.
(2) This section operates without prejudice to the rights
of any persons interested in the property remaining unreleased and
not concurring in or confirming the release.
(3) This section applies to releases made after the 1st of
October, 1864.
CONVEYANCES BY A PERSON TO HIMSELF, ETC.
25. (1) In conveyances made after the 1st of October, 1864,
personal property, including chattels real, may be conveyed by a
person to himself jointly with another person by the like means
by which it might be conveyed by him to another person.
(2) In conveyances made after the 1st of January, 1885,
freehold land, or a thing in action, may be conveyed by a person to
Partial release of
security from
rent charge.
Release of part
of land affected
by a judgment.
Conveyances by
a person to
himself, etc.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
26 Chap. 56:01 Conveyancing and Law of Property
himself jointly with another person, by the like means by which it
might be conveyed by him to another person; and may, in like
manner, be conveyed by a husband to his wife, and by a wife to
her husband, alone or jointly with another person.
(3) After the commencement of this Act a person may
convey land to or vest land in himself.
(4) Two or more persons (whether or not being trustees
or personal representatives) may convey, and shall be deemed
always to have been capable of conveying, any property vested in
them to any one or more of themselves in like manner as they
could have conveyed such property to a third party: Provided that
if the persons in whose favour the conveyance is made are, by
reason of any fiduciary relationship or otherwise, precluded from
validly carrying out the transaction, the conveyance shall be liable
to be set aside.
EXECUTION OF PURCHASE DEED
26. (1) On a sale, the purchaser shall not be entitled to
require that the conveyance to him be executed in his presence,
or in that of his Attorney-at-law, as such; but shall be entitled
to have, at his own cost, the execution of the conveyance
attested by some person appointed by him, who may, if he
thinks fit, be his Attorney-at-law.
(2) This section applies to sales made before or after the
commencement of this Act.
COVENANTS
27. (1) In a conveyance there shall, in the several cases in
this section mentioned, be deemed to be included, and there shall
in those several cases, by virtue of this Act, be implied, a covenant
to the effect in this section stated, by the person or by each person
who conveys, as far as regards the subject matter or share of
subject matter expressed to be conveyed by him, with the person
if one, to whom the conveyance is made, or with the persons
jointly, if more than one, to whom the conveyance is made as
Rights of
purchaser as to
execution.
Covenants for
title.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
Conveyancing and Law of Property Chap. 56:01 27
L.R.O.
joint tenants, or with each of the persons, if more than one, to
whom the conveyance is made as tenants in common, that is to
say—
(A.) In a conveyance for valuable consideration other than
a mortgage, the following covenant by a person who
conveys and is expressed to convey as beneficial
owner, namely:
That the person who so conveys, has, with the
concurrence of every other person, if any, conveying
by his direction, full power to convey the subject
matter expressed to be conveyed, subject as, if so
expressed, and in the manner in which it is expressed
to be conveyed; and that that subject matter shall
remain to and be quietly entered upon, received, and
held, occupied, enjoyed, and taken, by the person to
whom the conveyance is expressed to be made, and
any person deriving title under him, and the benefit
thereof shall be received and taken accordingly,
without any lawful interruption or disturbance by the
person who so conveys or any person conveying by
his direction, or any other person not being a person
claiming in respect of an estate or interest subject
whereto the conveyance is expressly made; and that,
freed and discharged from, or otherwise by the person
who so conveys sufficiently indemnified against, all
estates, encumbrances, claims, and demands
whatever other than those subject to which the
conveyance is expressly made; and further that the
person who so conveys, and any person conveying
by his directions, and every other person having or
rightfully claiming any estate or interest in the subject
matter of conveyance, other than an estate or interest
subject whereto the conveyance is expressly made,
will, from time to time and at all times after the date
of the conveyance, on the request and at the cost of
any person to whom the conveyance is expressed to
On conveyance
for value by
beneficial
owner.
Right to convey.
Quiet
enjoyment.
Freedom from
encumbrances.
Further
assurance.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
28 Chap. 56:01 Conveyancing and Law of Property
be made, or of any person deriving title under him,
execute and do all such lawful assurances and things
for further or more perfectly assuring the subject
matter of the conveyance to the person to whom the
conveyance is made, and to those deriving title under
him, subject as, if so expressed, and in the manner
in which the conveyance is expressed to be made, as
by him or them or any of them shall be reasonably
required:
(B.) In a conveyance of leasehold property for valuable
consideration, other than a mortgage, the following further
covenant by a person who conveys and is expressed to
convey as beneficial owner, namely:
That the lease or grant creating the term or estate
for which the land is conveyed is, at the time of
conveyance, a good, valid, and effectual lease or
grant of the property conveyed, and is in full force,
unforfeited, unsurrendered, and in no wise become
void or voidable, and that all the rents reserved by,
and all the covenants, conditions, and agreements
contained in, the lease or grant, and on the part of
the lessee or grantee and the persons deriving title
under him to be paid, observed, and performed, have
been paid, observed, and performed up to the time
of conveyance:
(C.) In a conveyance by way of mortgage, the following
covenant by a person who conveys and is expressed to
convey as beneficial owner, namely:
That the person who so conveys has, with the
concurrence of every other person, if any, conveying
by his direction, full pover to convey the subject
matter expressed to be conveyed by him, subject as,
if so expressed, and in the manner in which it is
expressed to be conveyed; and also that, if default is
made in payment of the money intended to be secured
by the conveyance, or any interest thereon, or any
On conveyance
of leaseholds for
value by
beneficial
owner.
On mortgage by
beneficial
owner.
Right to convey.
Quiet
enjoyment.
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UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
Conveyancing and Law of Property Chap. 56:01 29
L.R.O.
part of that money or interest, contrary to any
provision in the conveyance, it shall be lawful for
the person to whom the conveyance is expressed to
be made, and the persons deriving title under him,
to enter into and upon, or receive, and thenceforth
quietly hold, occupy, and enjoy or take and have,
the subject matter expressed to be conveyed, or any
part thereof, without any lawful interruption or
disturbance by the person who so conveys, or any
person conveying by his direction, or any other
person not being a person claiming in respect of an
estate or interest subject whereto the conveyance is
expressly made; and that, freed and discharged from,
or otherwise by the person who so conveys
sufficiently indemnified against, all estates,
encumbrances, claims, and demands whatever, other
than those subject whereto the conveyance is
expressly made; and further, that the person who so
conveys, and every person conveying by his
direction, and every person deriving title under any
of them, and every other person having or rightfully
claiming an estate or interest in the subject matter of
conveyance, or any part thereof, other than an estate
or interest subject whereto the conveyance is
expressly made, will, from time to time and at all
times, on the request of any person to whom the
conveyance is expressed to be made, or of any person
deriving title under him, but, as long as any right of
redemption exists under the conveyance at the cost
of the person so conveying, or of those deriving title
under him, and afterwards at the cost of the person
making the request, execute and do all such lawful
assurances and things for further or more perfectly
assuring the subject-matter of conveyance and every
part thereof to the person to whom the conveyance
is made, and to those deriving title under him, subject
as, if so expressed, and in the manner in which the
Further
assurance.
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LAWS OF TRINIDAD AND TOBAGO
30 Chap. 56:01 Conveyancing and Law of Property
conveyance is expressed to be made, as by him or
them or any of them shall be reasonably required:
(D.) In a conveyance by way of mortgage of leasehold property,
the following further covenant by a person who conveys
and is expressed to convey as beneficial owner, namely:
That the lease or grant creating the term or estate
for which the land is held is, at the time of
conveyance, a good, valid, and effectual lease or
grant of the land conveyed and is in full force,
unforfeited, and unsurrendered, and in no wise
become void or voidable, and that all the rents
reserved by, and all the covenants, conditions, and
agreements contained in, the lease or grant, and on
the part of the lessee or grantee and the persons
deriving title under him to be paid, observed, and
performed, have been paid, observed, and performed
up to the time of conveyance; and also that the person
so conveying, or the persons deriving title under him,
will at all times, as long as any money remains on
the security of the conveyance, pay, observe, and
perform, or cause to be paid, observed, and
performed all the rents reserved by, and all the
covenants, conditions, and agreements contained in,
the lease or grant, and on the part of the lessee or
grantee and the persons deriving title under him to
be paid, observed, and performed, and will keep the
person to whom the conveyance is made, and those
deriving title under him, indemnified against all
actions, proceedings, costs, charges, damages,
claims, and demands, if any, to be incurred or
sustained by him or them by reason of the non-
payment of such rent or the non-observance or non-
performance of such covenants, conditions, and
agreements, or any of them:
(E.) In a conveyance by way of settlement, the following
covenant by a person who conveys and is expressed to
convey as settlor, namely:
That the person so conveying, and every person
deriving title under him by Deed or act or operation
On mortgage of
leaseholds by
beneficial
owner.
Validity of lease.
On settlement.
For further
assurance
limited.
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LAWS OF TRINIDAD AND TOBAGO
Conveyancing and Law of Property Chap. 56:01 31
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of law in his lifetime subsequent to that conveyance,
or by testamentary disposition or devolution in law
on his death, will, from time to time and at all times
after the date of that conveyance, at the request and
cost of any person deriving title thereunder, execute
and do all such lawful assurances and things for
further or more perfectly assuring the subject matter
of the conveyance to the persons to whom the
conveyance is made and those deriving title under
them, subject as, if so expressed, and in the manner
in which the conveyance is expressed to be made, as
by them or any of them shall be reasonably required:
(F.) In any conveyance, the following covenant by every
person who conveys and is expressed to convey as trustee
or mortgagee, or as personal representative of a deceased
person, or as committee of a person of unsound mind,
or as committee of an insane person so found by
inquisition, or under an order of the Court, which
covenant shall be deemed to extend to every such
person’s own acts only, namely:
That the person so conveying has not executed or
done, or knowingly suffered, or been party or privy
to, any Deed or thing, whereby or by means whereof
the subject matter of the conveyance, or any part
thereof, is or may be impeached, charged, affected,
or encumbered in title, estate, or otherwise, or
whereby or by means whereof the person who so
conveys is in anywise hindered from conveying the
subject matter of the conveyance, or any part thereof,
in the manner in which it is expressed to be conveyed.
(2) Where, in a conveyance, it is expressed that by
direction of a person expressed to direct as beneficial owner another
person conveys, then, within this section, the person giving the
direction, whether he conveys and is expressed to convey as
beneficial owner or not, shall be deemed to convey and to be
expressed to convey as beneficial owner the subject matter so
conveyed by his direction; and a covenant on his part shall be
implied accordingly.
On conveyance
by trustee or
mortgagee.
Against
encumbrances.
Effect of
conveyance by
direction of
beneficial
owner.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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32 Chap. 56:01 Conveyancing and Law of Property
(3) Where a wife conveys and is expressed to convey as
beneficial owner, and the husband also conveys and is expressed
to convey as beneficial owner, then, within this section, the wife
shall be deemed to convey and to be expressed to convey by
direction of the husband as beneficial owner; and, in addition to
the covenant implied on the part of the wife, there shall also be
implied, first, a covenant on the part of the husband as the person
giving that direction, and secondly, a covenant on the part of the
husband in the same terms as the covenant implied on the part of
the wife.
(4) Where, in a conveyance, a person conveying is not
expressed to convey as beneficial owner, or as settlor, or as trustee,
or as mortgagee, or as personal representative of a deceased person,
or as committee of a person of unsound mind, or under an order of
the Court, or by direction of a person as beneficial owner, no
covenant on the part of the person conveying shall be, by virtue of
this section, implied in the conveyance.
(5) The benefit of a covenant implied as aforesaid shall
be annexed and incident to, and shall go with, the estate or interest
of the implied covenantee, and shall be capable of being enforced
by every person in whom that estate or interest is, for the whole or
any part thereof, from time to time vested.
(6) A covenant implied as aforesaid may be varied or
extended by Deed, and, as so varied or extended shall, as far as
may be, operate in the like manner, and with all the like incidents,
effects, and consequences, as if such variations or extensions were
directed in this section to be implied.
(7) This section applies only to conveyances made after
the 1st of January, 1885.
28. (1) A covenant relating to any land of the covenantee shall
be deemed to be made with the covenantee and his successors in
title and the person deriving title under him or them, and shall
have effect as if such successors and other persons were expressed.
For the purposes of this subsection in connection with covenants
restrictive of the user of land “successors in title” shall be deemed
to include the owners and occupiers for the time being of the land
of the covenantee intended to be benefitted.
Conveyance by
husband and
wife as
beneficial
owners.
No implied
covenants
except in above
cases.
Devolution of
benefit of
implied
covenant.
Variation or
extension of
implied
covenant.
Application of
section.
Benefit of
covenants
relating to land.
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(2) This section applies to covenants made after the
1st of January, 1885.
29. (1) A covenant, bond, obligation, or contract by Deed
made after the 1st of January, 1885, binds the real estate as well as
the personal estate of the person making the same if and so far as
a contrary intention is not expressed in the covenant, bond,
obligation, or contract.
This subsection extends to a covenant implied by virtue of
this Act.
(2) Every covenant running with the land, whether entered
into before or after the commencement of this Act, shall take effect
in accordance with any statutory enactment affecting the devolution
of the land, and accordingly the benefit or burden of every such
covenant shall vest in or bind the persons who by virtue of any
such enactment or otherwise succeed to the title of the covenantee
or the covenantor as the case may be.
(3) The benefit of a covenant relating to land entered into
after the commencement of this Act may be made to run with the
land without the use of any technical expression if the covenant is
of such a nature that the benefit could have been made to run with
the land before the commencement of this Act.
(4) For the purposes of this section, a covenant runs with
the land when the benefit or burden of it, whether at law or in
equity, passes to the successors in title of the covenantee or the
covenantor, as the case may be.
30. (1) A covenant, bond, obligation, or contract by Deed made
with two or more jointly, to pay money or to make a conveyance, or
to do any other act, to them or for their benefit, shall be deemed to
include, and shall, by virtue of this Act, imply, an obligation to do
the act to, or for the benefit of, the survivor or survivors of them,
and to, or for the benefit of any other person to whom the right to
sue on the covenant, bond, obligation, or contract devolves, and
where made after the 1st of January, 1885, shall be construed as
being also made with each of them.
(2) This section extends to a covenant implied by virtue
of this Act.
Covenants
binding land.
Effect of
covenant with
two or more
jointly.
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LAWS OF TRINIDAD AND TOBAGO
34 Chap. 56:01 Conveyancing and Law of Property
(3) This section applies only if and as far as a contrary
intention is not expressed in the covenant, bond, obligation, or
contract, and has effect subject to the covenant, bond, obligation
or contract, and to the provisions therein contained.
(4) Except as otherwise expressly provided, this section
applies to a covenant, bond, obligation or contract made or implied
after the 1st of January, 1885.
31. In the construction of a covenant or proviso, or other
provision, implied in a Deed or assent by virtue of this Act, words
importing the singular or plural number, or the masculine gender,
shall be read as also importing the plural or singular number, or as
extending to females, as the case may require.
PART III
MORTGAGES
32. Subject to the provisions in any statutory enactments for
the time being in force in Trinidad and Tobago, all mortgages of
any land or chattels, debts, or other property in Trinidad and Tobago
may be made by way of sale, or demise, or assignment, according
to the nature of the property mortgaged, subject to a proviso or
condition for making void the same or for the reconveyance or re-
assignment of the property thereby sold, demised, or assigned
according to the forms used in the like cases in England as on the 11th
of December, 1845, and every mortgage so made shall vest in the
mortgagee the same legal estate and interest in the property comprised
in such mortgage as the mortgagee would take in the like case
according to the law of England at that date, subject nevertheless to
the same equity of redemption as the mortgagor or those claiming
through him would be entitled to in the like case according to the
course and practice of the Courts of equity in England at that date.
32A. (1) Subject to section 16 and any other provision of this
Act, where a Deed of conveyance of land that is subject to a
mortgage is executed by the mortgagor or other person entitled to
the equity of redemption and the Deed of release of the mortgage
is subsequently executed by the mortgagee or his successor in title,
all the estate right, title, interest, claim or demand that the Deed of
release is effectual to pass shall be deemed to vest in the person
Construction of
implied
covenants.
Mortgages may
be made by way
of sale, demise
or assignment,
as in England.
Conveyance of
land subject to
mortgage after
release of
mortgage.
[51 of 1976].
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entitled to the equity of redemption at the time of the execution of
the Deed of release although such person is not a party to the Deed
of release.
(2) This section does not apply to a mortgage or discharge
of a mortgage effected under the Real Property Act.
(3) This section applies to a Deed of conveyance or Deed
of release of a mortgage executed before or after 24th
December 1976.
(4) In this section:—
“Deed of release” includes a Deed of reconveyance and a partial
Deed of release or reconveyance;
“mortgage” includes a statutory mortgage under Part IV; and
“mortgagor” shall be construed accordingly.
33. (1) Where a mortgagor is entitled to redeem he shall, by
virtue of this Act, have, power to require the mortgagee, instead of
reconveying, and on the terms on which he would be bound to
reconvey, to assign the mortgage debt and convey the mortgaged
property to any third person, as the mortgagor directs; and the
mortgagee shall, by virtue of this Act, be bound to assign and
convey accordingly.
(2) This right shall belong to and be capable of being
enforced by each encumbrancer, or by the mortgagor,
notwithstanding any intermediate encumbrance; but a
requisition of an encumbrancer shall prevail over a requisition
of the mortgagor, and, as between encumbrancers, a requisition
of a prior encumbrancer shall prevail over a requisition of a
subsequent encumbrancer.
(3) This section does not apply in the case of a Mortgagee
being or having been in possession.
(4) This section applies to mortgages made either before
or after the commencement of this Act, and shall have effect
notwithstanding any stipulation to the contrary.
34. (1) A mortgagor, as long as his right to redeem subsists,
shall be entitled from time to time, at reasonable times, on his
request, and at his own cost, and on payment of the mortgagee’s
Ch. 56:02.
Power of
mortgagor to
require transfer
instead of
reconveyance.
Extension of
mortgagor’s
right.
Application of
section.
Regulations
respecting
inspection,
production and
delivery of
documents and
priorities.
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LAWS OF TRINIDAD AND TOBAGO
36 Chap. 56:01 Conveyancing and Law of Property
costs and expenses in this behalf, to inspect and make copies or
abstracts of or extracts from the documents of title relating to the
mortgaged property in the custody or power of the mortgagee.
This subsection applies to mortgages made after the 1st of
January, 1885.
(2) A mortgagee, whose mortgage is surrendered or
otherwise extinguished, shall not be liable on account of delivering
documents of title in his possession to the person not having the
best right thereto, unless he has notice of the right or claim of a
person having a better right, whether by virtue of a right to require
a surrender or reconveyance or otherwise.
35. (1) A mortgagor seeking to redeem any one mortgage is
entitled to do so without paying any money due under any separate
mortgage made by him, or by any person through whom he claims,
solely on property other than that comprised in the mortgage which
he seeks to redeem.
(2) This section applies only if and as far as a contrary
intention is not expressed in the mortgage Deeds or one of them.
36. (1) Where, on the transfer of a mortgage, the stamp duty,
if payable according to the amount of the debt transferred, would
exceed the sum of $2.40, a purchaser shall not, by reason only of
the transfer bearing a stamp of that amount, whether adjudicated
or not, be deemed to have or to have had notice of any trust, or that
the transfer was made for effectuating the discharge of a trustee or
the appointment of a new trustee.
(2) This section applies to transfers made before as well
as after the commencement of this Act.
37. (1) A mortgagor of land while in possession shall, as
against every encumbrancer, have power to make from time to
time any such lease of the mortgaged land, or any part thereof, as
is by this section authorised.
(2) A mortgagee of land while in possession shall, as
against all prior encumbrancers, if any, and as against the
mortgagor, have power to make from time to time any such lease
as is by this section authorised.
Restriction on
consolidation of
mortgages.
Notice of trusts
on transfer of
mortgage.
Leasing powers
of mortgagor
and mortgagee
in possession.
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(3) The leases which this section authorises are—
(a) an agricultural or occupation lease for any term
not exceeding twenty-one years;
(b) a mining lease for any term not exceeding thirty-
five years; and
(c) a building lease for any term not exceeding ninety-
nine years.
(4) Every person making a lease under this section may
execute and do all assurances and things necessary or proper in
that behalf.
(5) Every such lease shall be made to take effect in
possession not later than twelve months after its date.
(6) Every such lease shall reserve the best rent that can
reasonably be obtained, regard being had to the circumstances of
the case, but without any fine being taken.
(7) Every such lease shall contain a covenant by the lessee
for payment of the rent, and a condition of re-entry on the rent not
being paid within a time therein specified not exceeding thirty days.
(8) Every such building lease shall be made in
consideration of the lessee, or some person by whose direction the
lease is granted, having erected, or agreeing to erect within not
more than five years from the date of the lease, buildings, new or
additional, or having improved or repaired buildings, or agreeing
to improve or repair buildings within that time, or having executed,
or agreeing to execute, within that time, on the land leased, an
improvement for or in connection with building purposes.
(9) In any such building lease a peppercorn rent, or a
nominal or other rent less than the rent ultimately payable, may be
made payable for the first five years, or any less part of the term.
(10) A contract to make or accept a lease under this section
may be enforced by or against every person on whom the lease if
granted would be binding.
(11) This section applies only if and as far as a contrary
intention is not expressed by the mortgagor and mortgagee in the
mortgage Deed, and shall have effect subject to the terms of such
Deed and to the provisions therein contained.
Leases
authorised.
Time of taking
effect.
Reserving
best rent.
Covenant for
payment of rent.
Building
provisions.
Nominal rent for
five years.
Enforcing
contract for
lease.
Application of
section.
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LAWS OF TRINIDAD AND TOBAGO
38 Chap. 56:01 Conveyancing and Law of Property
(12) Nothing in this Act shall prevent the mortgage Deed
from reserving to or conferring on the mortgagor or the mortgagee,
or both, any further or other powers of leasing or having reference
to leasing; and any further or other powers so reserved or conferred
shall be exercisable, as far as may be, as if they were conferred by
this Act, and with all the like incidents, effects, and consequences,
unless a contrary intention is expressed in the mortgage Deed.
(13) Nothing in this Act shall be construed to enable a
mortgagor or mortgagee to make a lease for any longer term or on
any other conditions than such as could have been granted or
imposed by the mortgagor, with the concurrence of all the
encumbrancers, if this Act had not been passed.
(14) Subject as aforesaid, this section applies to any
mortgage made after the 1st of January, 1885, but the provisions
thereof, or any of them, may, by Deed made after that date between
mortgagor and mortgagee, be applied to a mortgage made before
that date, so nevertheless that any such Deed shall not prejudicially
affect any right or interest of any mortgagee not joining in or
adopting the Deed.
(15) For the purposes of this section “mortgagor” does not
include an encumbrancer deriving title under the original mortgagor.
(16) The powers of leasing conferred by this section shall,
after a receiver of the income of the mortgaged property or any
part thereof has been appointed by a mortgagee under his statutory
power, and so long as the receiver acts, be exercisable by such
mortgagee instead of by the mortgagor, as respects any land affected
by the receivership, in like manner as if such mortgagee were in
possession of the land, and the mortgagee may, by writing, delegate
any of such powers to the receiver.
(17) The provisions of this section referring to a lease
shall be construed to extend and apply, as far as circumstances
admit, to any letting, and to an agreement, whether in writing or
not, for leasing or letting.
38. (1) For the purpose only of enabling a lease authorised
under the last preceding section, or under any agreement made
pursuant to that section, or by the mortgage Deed (in this section
referred to as an authorised lease) to be granted, a mortgagor of
land while in possession shall, as against every encumbrancer,
Mortgage Deed
may contain
different
powers.
Powers of
mortgagor and
mortgagee in
possession to
accept
surrenders of
lease.
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have, by virtue of this Act, power to accept from time to time a
surrender of any lease of the mortgaged land or any part thereof
comprised in the lease, with or without an exception of or in
respect of all or any of the mines and minerals therein, and, on a
surrender of the lease so far as it comprised part only of the land
or mines and minerals leased, the rent may be apportioned.
(2) For the same purpose, a mortgagee of land while in
possession shall, as against all prior or other encumbrancers, if
any, and as against the mortgagor, have, by virtue of this Act, power
to accept from time to time any such surrender as aforesaid.
(3) On a surrender of part only of the land or mines and
minerals leased, the original lease may be varied: Provided that
the lease when varied would have been valid as an authorised lease
if granted by the person accepting the surrender; and, on a surrender
and the making of a new or other lease, whether for the same or
for any extended or other term, and whether subject or not to the
same or to any other covenants, provisions, or conditions, the value
of the lessee’s interest in the lease surrendered may, subject to the
provisions of this section, be taken into account in the determination
of the amount of the rent to be reserved, and of the nature of the
covenants, provisions, and conditions to be inserted in the new or
other lease.
(4) Where any consideration for the surrender, other than
an agreement to accept an authorised lease, is given by or on behalf
of the lessee to or on behalf of the person accepting the surrender,
nothing in this section authorises a surrender to a mortgagor without
the consent of the encumbrancers, or authorises a surrender to a
second or subsequent encumbrancer without the consent of every
prior encumbrancer.
(5) No surrender shall, by virtue of this section, be
rendered valid unless—
(a) an authorised lease is granted of the whole of the
land or mines and minerals comprised in the
surrender to take effect in possession immediately
or within one month after the date of the
surrender; and
(b) the term certain or interest granted by the new
lease is not less in duration than the unexpired
term or interest which would have been subsisting
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LAWS OF TRINIDAD AND TOBAGO
40 Chap. 56:01 Conveyancing and Law of Property
under the original lease if that lease had not been
surrendered; and
(c) where the whole of the land, mines, and minerals
originally leased has been surrendered, the rent
reserved by the new lease is not less than the rent
which would have been payable under the original
lease if it had not been surrendered; or where part
only of the land or mines and minerals has been
surrendered, the aggregate rents respectively
remaining payable or reserved under the original
lease and new lease are not less than the rent
which would have been payable under the original
lease if no partial surrender had been accepted.
(6) A contract to make or accept a surrender under this
section may be enforced by or against every person on whom the
surrender, if completed, would be binding.
(7) This section applies only if and as far as a contrary
intention is not expressed by the mortgagor and mortgagee in the
Mortgage Deed, and shall have effect subject to the terms of the
Mortgage Deed and to the provisions therein contained.
(8) This section applies to a mortgage made after the
20th of May, 1924, but the provisions of this section, or any
of them, may, by Deed made after that date, between mortgagor
and mortgagee, be applied to a mortgage made before that
date, so nevertheless that any such Deed shall not prejudicially
affect any right or interest of any mortgagee not joining in or
adopting the Deed.
(9) The provisions of this section referring to a lease shall
be construed to extend and apply, as far as circumstances admit, to
any letting, and to an agreement, whether in writing or not, for
leasing or letting.
(10) Nothing in this section shall prevent the Mortgage
Deed from reserving to or conferring on the mortgagor or
mortgagee, or both, any further or other powers relating to the
surrender of leases; and any further or other powers so conferred
or reserved shall be exercisable, as far as may be, as if they were
conferred by this section, and with the like results, unless a contrary
intention is expressed in the Mortgage Deed.
Enforcing
contract for
surrender.
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(11) Nothing in this section operates to enable a mortgagor
or mortgagee to accept a surrender which could have been accepted
by the mortgagor with the concurrence of all the encumbrancers
if this Act had not been passed.
(12) For the purposes of this section “mortgagor”
does not include an encumbrancer deriving title under the
original mortgagor.
(13) The powers of accepting surrenders conferred by this
section shall, after a receiver of the income of the mortgaged
property or any part thereof has been appointed by the mortgagee,
under the statutory power, and so long as the receiver acts, be
exercisable by such mortgagee instead of by the mortgagor, as
respects any land affected by the receivership, in like manner as if
such mortgagee were in possession of the land; and the mortgagee
may, by writing, delegate any of such powers to the receiver.
39. (1) A mortgagee, where the mortgage is made by Deed,
shall, by virtue of this Act, have the following powers, to the like
extent as if they had been in terms conferred by the Mortgage
Deed, but not further, namely:
(a) a power, when the mortgage money has become
due, to sell, or to concur with any other person in
selling, the mortgaged property, or any part
thereof, either subject to prior charges or not, and
either together or in lots by public auction or by
private contract, subject to such conditions
respecting title, or evidence of title or other matter
as the mortgagee thinks fit, with power to vary
any contract for sale, and to buy in at an auction,
or to rescind any contract for sale, and to resell,
without being answerable for any loss occasioned
thereby; and
(b) a power, at any time after the date of the Mortgage
Deed, to insure and keep insured against loss or
damage by fire any building, or any effects or
property of an insurable nature, whether affixed
to the freehold or not, being or forming part of
the property which or an estate or interest wherein
is mortgaged, and the premiums paid for any such
Powers incident
to estate or
interest of
mortgagee.
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42 Chap. 56:01 Conveyancing and Law of Property
insurance shall be a charge on the mortgaged
property or estate or interest, in addition to the
mortgage money, and with the same priority, and
with interest at the same rate, as the mortgage
money; and
(c) a power, when the mortgage money has become
due, to appoint a receiver of the income of the
mortgaged property or any part thereof; and
(d) a power, while the mortgagee is in possession,
to cut and sell timber and other trees ripe for
cutting, and not planted or left standing for
shelter or ornament, or to contract for any such
cutting and sale, to be completed within any time
not exceeding twelve months from the making
of the contract.
(2) The provisions of this Act relating to the foregoing
powers, comprised either in this section, or in any subsequent
section regulating the exercise of those powers, may be varied or
extended by the Mortgage Deed, and, as so varied or extended,
shall, as far as may be, operate in the like manner and with all the
like incidents, effects, and consequences, as if such variations or
extensions were contained in this Act.
(3) This section applies only if and as far as a contrary
intention is not expressed in the Mortgage Deed, and shall have
effect subject to the terms of the Mortgage Deed and to the
provisions therein contained.
(4) This section applies only where the Mortgage Deed
is executed after the 1st of January, 1885.
40. (1) The power of sale conferred on a mortgagee by
section 39 shall include the following powers as incident
thereto, namely:
(a) a power to impose or reserve or make binding,
as far as the law permits, by covenant, condition,
or otherwise, on the unsold part of the mortgaged
property or any part thereof, or on the purchaser
and any property sold, any restriction or
reservation with respect to building on or other
Powers incident
to mortgagee’s
power of sale,
without
application to
Court.
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user of land, or with respect to mines and
minerals, or for the purpose of the more
beneficial working thereof, or with respect to
any other thing;
(b) a power to sell the mortgaged property, or any
part thereof, or any mines and minerals apart from
the surface—
(i) with or without a grant or reservation of
rights of way, rights of water, easements,
rights, and privileges for or connected with
building or other purposes in relation to the
property remaining in mortgage or any part
thereof, or to any property sold;
(ii) with or without an exception or reservation
of all or any of the mines and minerals in
or under the mortgaged property, and with
or without a grant or reservation of powers
of working, wayleaves, or rights of way,
rights of water and drainage and other
powers, easements, rights and privileges for
or connected with mining purposes in
relation to the property remaining unsold
or any part thereof, or to any property sold;
(iii) with or without covenants by the purchaser
to expend money on the land sold.
(2) Subsections (2) and (3) of section 39 shall apply to
the foregoing powers conferred by this section.
(3) This section applies only where the Mortgage Deed
is executed after the 20th of May, 1924.
41. A mortgagee shall not exercise the power of sale conferred
by this Act unless and until—
(a) notice requiring payment of the mortgage money
has been served on the mortgagor or one of two
or more mortgagors, and default has been made
in payment of the mortgage money, or of part
thereof, for three months after such service; or
Application of
section.
Regulation of
exercise of
power of sale.
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44 Chap. 56:01 Conveyancing and Law of Property
(b) some interest under the mortgage is in arrear and
unpaid for two months after becoming due; or
(c) there has been a breach of some provision
contained in the Mortgage Deed or in this Act,
and on the part of the mortgagor, or of some
person concurring in making the mortgage, to be
observed or performed, other than and besides a
covenant for payment of the mortgage money or
interest thereon.
42. (1) A mortgagee exercising the power of sale conferred
by this Act shall have power, by Deed, to convey the property
sold, for such estate and interest therein as is the subject of the
mortgage, freed from all estates, interests, and rights to which the
mortgage has priority, but subject to all estates, interests, and rights
which have priority to the mortgage.
(2) Where a conveyance is made in exercise of the power
of sale conferred by this Act, the title of the purchaser shall not be
impeachable on the ground—
(a) that no case had arisen to authorise the sale; or
(b) that due notice was not given; or
(c) whether the mortgage was made before or after the
commencement of this Act, that the power was
otherwise improperly or irregularly exercised,
and a purchaser is not, either before or on conveyance, concerned
to see or enquire whether a case has arisen to authorise the sale, or
due notice has been given, or the power is otherwise properly and
regularly exercised; but any person damnified by an unauthorised,
or improper, or irregular exercise of the power shall have his remedy
in damages against the person exercising the power.
43. The money which is received by the mortgagee, arising
from the sale, after discharge of prior encumbrances to which the
sale is not made subject, if any, or after payment into Court under
this Act of a sum to meet any prior encumbrance, shall be held by
him in trust to be applied by him, first, in payment of all costs,
Power to
mortgagee to
convey on sale.
Application of
proceeds of sale.
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charges, and expenses properly incurred by him as incident to
the sale or any attempted sale, or otherwise; and secondly, in
discharge of the mortgage money, interest, and costs, and other
money, if any, due under the mortgage; and the residue of the
money so received shall be paid to the person entitled to the
mortgaged property, or authorised to give receipts for the proceeds
of the sale thereof.
44. (1) The power of sale conferred by this Act may be
exercised by any person for the time being entitled to receive and
give a discharge for the mortgage money.
(2) The power of sale conferred by this Act does not affect
the right of foreclosure.
(3) The mortgagee shall not be answerable for any
involuntary loss happening in or about the exercise or execution
of the power of sale conferred by this Act or of any trust connected
therewith, or, as regards mortgages executed after the 20th of May,
1924, of any power or provision contained in the Mortgage Deed.
(4) At any time after the power of sale conferred by this
Act has become exercisable, the person entitled to exercise the
same may demand and recover from any person, other than a person
having in the mortgaged property an estate, interest, or right in
priority to the mortgage, all the Deeds and documents relating to
the property, or to the title thereto, which a purchaser under the
power of sale would be entitled to demand and recover from him.
45. (1) The receipt in writing of a mortgagee shall be a
sufficient discharge for any money arising under the power of
sale conferred by this Act, or for any money or securities
comprised in his mortgage, or arising thereunder; and a person
paying or transferring the same to the mortgagee shall not be
concerned to enquire whether any money remains due under
the mortgage.
(2) Money received by a mortgagee under his mortgage,
or from the proceeds of securities comprised in his mortgage, shall
Provisions as to
exercise of
power of sale.
Mortgagee’s
receipt sufficient
discharge.
Application of
money received
under mortgage.
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be applied in like manner as in this Act directed respecting money
received by him arising from a sale under the power of sale
conferred by this Act; but with this variation, that the costs, charges,
and expenses payable shall include the costs, charges, and expenses
properly incurred of recovering and receiving the money or
securities, and of conversion of securities into money, instead of
those incident to sale.
46. (1) The amount of an insurance effected by a mortgagee
against loss or damage by fire under the power in that behalf
conferred by this Act shall not exceed the amount specified in the
Mortgage Deed, or, if no amount is therein specified, two-third
parts of the amount that would be required, in case of total
destruction to restore the property insured.
(2) An insurance shall not, under the power conferred
by this Act, be effected by a mortgagee in any of the following
cases, namely:
(a) where there is a declaration in the Mortgage Deed
that no insurance is required;
(b) where an insurance is kept up by or on behalf
of the mortgagor in accordance with the
Mortgage Deed;
(c) where the Mortgage Deed contains no stipulation
respecting insurance, and an insurance is kept
up by or on behalf of the mortgagor with the
consent of the mortgagee to the amount to which
the mortgagee is by this Act authorised to insure.
(3) All money received on an insurance of mortgaged
property against loss or damage by fire or otherwise effected under
this Act, or on an insurance for the maintenance of which the
mortgagor is liable under the Mortgage Deed, shall if the mortgagee
so requires, be applied by the mortgagor in making good the loss
or damage in respect of which the money is received.
(4) Without prejudice to any obligation to the contrary
imposed by law, or by special contract, a mortgagee may require
Amount and
application of
insurance
money.
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that all money received on an insurance of mortgaged property
against loss or damage by fire or otherwise effected under this
Act, or on an insurance for the maintenance of which the mortgagor
is liable under the Mortgage Deed, be applied in or towards the
discharge of the Mortgage money.
47. (1) A mortgagee entitled to appoint a receiver under the
power in that behalf conferred by this Act shall not appoint a
receiver until he has become entitled to exercise the power of sale
conferred by this Act, but may then, by writing under his hand,
appoint such person as he thinks fit to be receiver.
(2) A receiver appointed under the powers conferred by
this Act, shall he deemed to be the agent of the mortgagor; and the
mortgagor shall be solely responsible for the receiver’s acts or
defaults unless the Mortgage Deed otherwise provides.
(3) The receiver shall have power to demand and
recover all the income of which he is appointed receiver, by
action, distress, or otherwise, in the name either of the mortgagor
or of the mortgagee, to the full extent of the estate or interest
which the mortgagor could dispose of, and to give effectual
receipts accordingly for the same, and to exercise any powers
which may have been delegated to him by the mortgagee
pursuant to this Act.
(4) A person paying money to the receiver shall not be
concerned to inquire whether any case has happened to authorise
the receiver to act.
(5) The receiver may be removed, and a new receiver may
be appointed, from time to time by the mortgagee by writing under
his hand.
(6) The receiver shall be entitled to retain out of any
money received by him, for his remuneration, and in satisfaction
of all costs, charges, and expenses incurred by him as receiver, a
commission at such rate, not exceeding eight per centum on the
gross amount of all money received as is specified in his
appointment, and if no rate is so specified, then at the rate of eight
per centum on that gross amount, or at such other rate as the Court
thinks fit to allow, on application made by him for that purpose.
Appointment,
powers,
remuneration
and duties of
receiver.
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(7) The receiver shall, if so directed in writing by the
mortgagee, insure to the extent, if any, to which the mortgagee
might have insured and keep insured against loss or damage by
fire, out of the money received by him, any buildings, effects, or
property comprised in the mortgage, whether affixed to the freehold
or not, being of an insurable nature.
(8) Subject to the provisions of this Act as to the
application of insurance money, the receiver shall apply all money
received by him as follows:
(a) in discharge of all rents, taxes, rates, and
outgoings whatever affecting the mortgaged
property;
(b) in keeping down all annual sums or other
payments, and the interest on all principal sums,
having priority to the mortgage in right whereof
he is receiver;
(c) in payment of his commission, and of the
premiums on fire, life, or other insurances, if
any, properly payable under the Mortgage Deed
or under this Act, and the cost of executing
necessary repairs directed in writing by the
mortgagee;
(d) in payment of the interest accruing due in
respect of any principal money due under the
mortgage; and
(e) in or towards discharge of the principal money if
so directed in writing by the mortgagee,
and shall pay the residue, if any, of the money received by him to
the person who, but for the possession of the receiver, would have
been entitled to receive the income of which he is appointed
receiver, or who is otherwise entitled to the mortgaged property.
48. (1) Where, in a mortgage, or an obligation for payment
of money, or a transfer of a mortgage or of such an obligation,
the sum, or any part of the sum, advanced or owing is expressed
to be advanced by or owing to more persons than one out of
money, or as money, belonging to them on a joint account, or a
Effect of
advance on joint
account, etc.
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mortgage, or such an obligation, or such a transfer is made to
more persons than one, jointly, and not in shares, the mortgage
money, or other money, or money’s worth for the time being due
to those persons on the mortgage or obligation, shall be deemed
to be and remain money or money’s worth belonging to those
persons on a joint account, as between them and the mortgagor
or obligator; and the receipt in writing of the survivors or last
survivor of them, or of the personal representatives of the last
survivor, shall be a complete discharge for all money or money’s
worth for the time being due, notwithstanding any notice to the
payer of a severance of the joint account.
(2) This section applies if and so far as a contrary intention
is not expressed in the mortgage, obligation, or transfer, and has
effect subject to the terms of the mortgage, obligation, or transfer,
and to the provisions therein contained.
(3) This section applies to any mortgage, obligation or
transfer made after the 1st of January, 1885.
49. (1) Any person entitled to redeem mortgaged property
may have a judgment or order for sale instead of for redemption in
an action brought by him either for redemption alone, or for sale
alone, or for sale or redemption in the alternative.
(2) In any action, whether for foreclosure, or for
redemption, or for sale, or for the raising and payment in any
manner of mortgage money, the Court, on the request of the
mortgagee, or of any person interested either in the mortgage money
or in the right of redemption, and, notwithstanding that—
(a) any other person dissents, or
(b) the mortgagee or any person so interested does
not appear in the action,
and without allowing any time for redemption or for payment of
any mortgage money, may direct a sale of the mortgaged property
on such terms as it thinks fit, including the deposit in Court of a
reasonable sum fixed by the Court to meet the expenses of sale
and to secure performance of the terms.
(3) But, in an action brought by a person interested in the
right of redemption and seeking a sale, the Court may, on the
Sale of
mortgaged
property in
action for
redemption or
foreclosure.
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application of any defendant, direct the plaintiff to give such
security for costs as the Court thinks fit, and may give the conduct
of the sale to any defendant, and may give such directions as it
thinks fit respecting the costs of the defendants or any of them.
(4) In any case within this section the Court may, if it
thinks fit, direct a sale without previously determining the priorities
of encumbrancers.
(5) For the purposes of this section the Court may, in
favour of a purchaser, make a vesting order conveying the
mortgaged property, or appoint a person to do so, subject or not to
any encumbrance, as the Court may think fit.
PART IV
STATUTORY MORTGAGES
50. (1) A mortgage of freehold or leasehold land may be made
by a Deed expressed to be made by way of statutory mortgage,
being in the form given in Part I of the Second Schedule hereto,
with such variations and additions, if any, as circumstances may
require; and the provisions of this section shall apply thereto.
(2) There shall be deemed to be included, and there shall
by virtue of this Act be implied, in the Mortgage Deed—
(A.) A covenant with the mortgagee by the person
expressed therein to convey as mortgagor to the effect
following, namely:
That the mortgagor will, on the stated day, pay to
the mortgagee the stated mortgage money, with
interest thereon in the meantime, at the stated rate,
and will thereafter, if and as long as the mortgage
money or any part thereof remains unpaid, pay to
the mortgagee interest thereon, or on the unpaid part
thereof, at the stated rate, by equal quarterly
payments, the first thereof to be made at the end of
three calendar months from the day stated for
payment of the mortgage money:
(B.) A proviso to the effect following, namely:
That if the mortgagor, on the stated day, pays to
the mortgagee the stated mortgage money, with
Form of
statutory
mortgage.
Second
Schedule.
Part I.
Implied
covenant.
Implied proviso
for redemption.
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interest thereon in the meantime, at the stated
rate, the mortgagee at any time thereafter, at the
request and cost of the mortgagor, shall reconvey
the mortgaged property to the mortgagor, or as
he shall direct.
51. (1) A transfer of a statutory mortgage may be made by a
Deed expressed to be made by way of statutory transfer of
mortgage, being in such one of the three forms (A), (B) or (C)
given in Part II of the Second Schedule hereto as may be appropriate
to the case, with such variations and additions, if any, as
circumstances may require, and the provisions of this section shall
apply thereto.
(2) In whichever of those three forms the Deed of transfer
is made, it shall have effect as follows, namely:
(a) there shall become vested in the person to whom
the benefit of the mortgage is expressed to be
transferred, who, with his executors,
administrators, and assigns, is hereafter in this
section designated the transferee, the right to
demand, sue for, recover, and give receipts for
the mortgage money, or the unpaid part thereof,
and the interest then due, if any, and thenceforth
to become due thereon, and the benefit of all
securities for the same, and the benefit of and
the right to sue on all covenants with the
mortgagee, and the right to exercise all powers
of the mortgagee;
(b) all the estate and interest, subject to redemption,
of the mortgagee in the mortgaged land shall vest
in the transferee, subject to redemption.
(3) If the Deed of transfer is made in the form (B), there
shall also be deemed to be included, and there shall, by virtue of
this Act, be implied therein, a covenant with the transferee by the
person expressed to join therein as covenantor to the effect
following, namely:
That the covenantor will, on the next of the
days by the Mortgage Deed fixed for payment of
Forms of
statutory
transfer of
mortgage.
Second
Schedule.
Part II.
Effect of
transfer.
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interest, pay to the transferee the stated mortgage
money, or so much thereof as then remains unpaid,
with interest thereon, or on the unpaid part thereof,
in the meantime, at the rate stated in the mortgage
deed; and will thereafter, as long as the mortgage
money or any part thereof remains unpaid, pay to
the transferee interest on that sum, or the unpaid
part thereof, at the same rate, on the successive days
by the Mortgage Deed fixed for payment of interest.
(4) If the Deed of transfer is made in the form (C), it
shall, by virtue of this Act, operate not only as a statutory
transfer of mortgage, but also as a statutory mortgage, and
the provisions of this section shall have effect in relation
thereto accordingly.
52. In a Deed of statutory mortgage, or of statutory transfer of
mortgage, where more persons than one are expressed to convey
as mortgagors, or to join as covenantors, the implied covenant on
their part shall be deemed to be a joint and several covenant by
them; and where there are more mortgagees or more transferees
than one, the implied covenant with them shall be deemed to be a
covenant with them jointly, unless the amount secured is expressed
to be secured to them in shares or distinct sums, in which latter
case the implied covenant with them shall be deemed to be a
covenant with each severally in respect of the share or distinct
sum secured to him.
53. A reconveyance of a statutory mortgage may be made by
a Deed expressed to be made by way of statutory re-conveyance
of mortgage, being in the form given in Part III of the Second
Schedule hereto, with such variations and additions, if any, as
circumstances may require.
PART V
RENT CHARGES
54. (1) Where a person is entitled to receive out of any
land, or out of the income of any land, any annual sum, payable
Implied
covenants, joint
and several.
Form of re-
conveyance of
statutory
mortgage.
Second
Schedule.
Part III.
Remedies for
recovery of
annual sums
charged on land.
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half-yearly or otherwise, whether charged on the land or on the
income of the land, and whether by way of rent charge or otherwise,
not being rent incident to a reversion, then, subject and without
prejudice to all estates, interests, and rights having priority to the
annual sum, the person entitled to receive the same shall have such
remedies for recovering and compelling payment of the same as
are described in this section, as far as those remedies might have
been conferred by the instrument under which the annual sum
arises, but not further.
(2) If at any time the annual sum or any part thereof is
unpaid for twenty-one days next after the time appointed for any
payment in respect thereof, the person entitled to receive the annual
sum may enter into and distrain on the land charged or any part
thereof, and dispose according to law of any distress found, to the
intent that thereby or otherwise the annual sum and all arrears
thereof, and all costs and expenses occasioned by non-payment
thereof, may be fully paid.
(3) If at any time the annual sum or any part thereof is
unpaid for forty days next after the time appointed for any payment
in respect thereof, then, although no legal demand has been made
for payment thereof, the person entitled to receive the annual sum
may enter into possession of and hold the land charged or any part
thereof, and take the income thereof, until thereby or otherwise
the annual sum and all arrears thereof due at the time of his entry,
or afterwards becoming due during his continuance in possession,
and all costs and expenses occasioned by non-payment of the annual
sum, are fully paid; and such possession when taken shall be
without impeachment of waste.
(4) In the like case the person entitled to the annual charge,
whether taking possession or not, may also by Deed demise the
land charged, or any part thereof, to a trustee for a term of years,
with or without impeachment of waste, on trust, by mortgage, or
sale, or demise, for all or any part of the term, of the land charged,
or of any part thereof, or by receipt of the income thereof, or by all
or any of those means, or by any other reasonable means, to raise
and pay the annual sum and all arrears thereof due or to become
due, and all costs and expenses occasioned by non-payment of the
annual sum, or incurred in compelling or obtaining payment
thereof, or otherwise relating thereto, including the costs of the
Entry and
distraint on 21
days’ arrears.
Entry into
possession on
40 days’ arrears.
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preparation and execution of the Deed of demise, and the costs of
the execution of the trusts of that Deed; and the surplus, if any, of
the money raised, or of the income received, under the trusts of
that Deed shall be paid to the person for the time being entitled to
the land therein comprised in reversion immediately expectant on
the term thereby created.
(5) It is hereby declared that the rule of law relating
to perpetuities does not apply to any powers or remedies
conferred by this section, nor to the same or like powers or
remedies conferred by any instrument for recovering or
compelling the payment of any annual sum within the meaning
of this section.
(6) The powers and remedies conferred by this section
are exercisable whether the annual sum is created under a power
contained in an instrument coming into operation before or after
the commencement of this Act, and take effect unless the instrument
creating the power or under which the annual sum is created
otherwise directs.
(7) This section applies to powers and remedies conferred
by or implied in an instrument executed before as well as after the
commencement of this Act.
PART VI
POWERS OF ATTORNEY
55. (1) The donee of a power of attorney other than a power
of attorney to which subsection (2) applies may, if he thinks fit,
execute or do any assurance, instrument, or thing in and with his
own name and signature, and his own seal, where sealing is
required, by the authority of the donor of the power; and every
assurance, instrument, and thing so executed and done shall be as
effectual in law, to all intents, as if it had been executed or done by
the donee of the power in the name and with the signature and seal
of the donor thereof.
(2) Where a person is authorised under a power of attorney
or under any statutory or other power to convey any interest in
property in the name or on behalf of a corporation sole or aggregate
Execution under
power of
attorney.
[51 of 1976].
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he may as attorney execute the conveyance by affixing the name
of the corporation and his own signature thereto in the presence of
at least one witness not being a party thereto, and such execution
shall take effect and be valid in like manner as if the corporation
had executed the conveyance.
(3) This section applies to powers of attorney created by
instruments executed either before or after the commencement of
this Act.
56. (1) Any person making any payment or doing any act, in
good faith, in pursuance of a power of attorney shall not be liable
in respect of the payment or act by reason that before the payment
or act the donor of the power had died or become subject to
disability or 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 same.
(2) This section does not affect any right against the payee
of any person interested in any money so paid; and that person
shall have the like remedy against the payee as he would have had
against the payer if the payment had not been made by him.
(3) This section applies only to payment and acts made
and done after the 1st of January, 1885.
57. (1) If a power of attorney given for valuable consideration
is in the instrument creating the power expressed to be irrevocable,
then, in favour of a purchaser—
(a) the power shall not be revoked at any time, either
by anything done by the donor of the power
without the concurrence of the donee of the power,
or by the death, disability, or bankruptcy of the
donor of the power; and
(b) any act done at any time by the donee of the power
in pursuance of the power shall be as valid as if
anything done by the donor of the power without
the concurrence of the donee of the power, or the
death, disability or bankruptcy of the donor of
the power, had not been done or happened; and
(c) neither the donee of the power nor the purchaser
shall at any time be prejudicially affected by
Payment by
attorney under
power without
notice of death,
etc.
Effect of
irrevocable
power of
attorney for
value.
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notice of anything done by the donor of the power
without the concurrence of the donee of the power,
or of the death, disability or bankruptcy of the
donor of the power.
(2) This section applies to powers of attorney created by
instruments executed after the 1st of January, 1885.
58. (1) If a power of attorney, whether given for valuable
consideration or not, is in the instrument creating the power
expressed to be irrevocable for a fixed time therein specified, not
exceeding one year from the date of the instrument, then, in favour
of a purchaser—
(a) the power shall not be revoked for and during
that fixed time either by anything done by the
donor of the power without the concurrence of
the donee of the power, or by the death, disability
or bankruptcy of the donor of the power; and
(b) any act done within that fixed time by the donee
of the power in pursuance of the power shall be
as valid as if anything done by the donor of the
power without the concurrence of the donee of
the power, or the death, disability or bankruptcy
of the donor of the power had not been done or
happened; and
(c) neither the donee of the power, nor the purchaser,
shall at any time be prejudicially affected by
notice either during or after that fixed time of
anything done by the donor of the power during
that fixed time without the concurrence of the
donee of the power, or of the death, disability or
bankruptcy of the donor of the power, within that
fixed time.
(2) This section applies to powers of attorney created by
instruments executed after the 1st of January, 1885.
59. Every power of attorney not falling within the provisions
of section 57 or section 58, registered in the office of the Registrar
General, shall, unless a contrary intention appears therein, continue
in force until the revocation of such power by the principal shall,
Effect of power
of attorney
irrevocable for a
fixed time.
Duration of
registered power
of attorney.
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be registered, or an entry is made thereon as hereinafter provided,
and every act, Deed, or instrument of the attorney after revocation
and before registration of revocation shall be valid in favour of
any person bona fide and without notice dealing with the attorney
in the name of the principal.
60. Every power of attorney may be revoked by the registration
of any Deed revoking the same, or by an entry in writing under the
hand of the Registrar General on the power of attorney registered
in his office of the death, unsoundness of mind, or bankruptcy of
the principal, upon evidence by statutory declaration sufficient to
satisfy the Registrar General of such death or disability.
PART VII
CONTINGENT INTERESTS
61. All rights and interests in land may be disposed of,
including—
(a) a contingent, executory, or future equitable
interest in any land, or a possibility coupled with
an interest in any land, whether or not the object
of the gift or limitation of such interest or
possibility be ascertained;
(b) a right of entry, into or upon land whether
immediate or future, and whether vested or
contingent.
62. (1) A contingent remainder shall be deemed to be
capable of taking effect notwithstanding the determination by
forfeiture, surrender, or merger of any preceding estate of freehold
in the same manner in all respects as if such determination had
not happened.
(2) Every contingent remainder which would have been
valid as a springing or shifting use had it not had a sufficient
estate to support it as a contingent remainder, shall, in the event
of the particular estate determining before the contingent
remainder vests, be capable of taking effect in all respects as if
the contingent remainder had originally been created as a
springing or shifting use.
Power of
attorney—how
revoked.
Contingent or
other interests.
Contingent
remainder.
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63. (1) Where there is a person entitled to land for an estate in
fee, or for a term of years absolute or determinable on life, or for
term of life, with an executory limitation over on default or failure
of all or any of his issue, whether within or at any specified period
of time or not, that executory limitation shall be or become void and
incapable of taking effect, if and as soon as there is living any issue
who has attained the age of twenty-one years, of the class on default
or failure whereof the limitation over was to take effect.
(2) This section applies only where the executory
limitation is contained in an instrument coming into operation after
the 1st of January, 1885.
PART VIII
LEASES
64. Where a reversion expectant on a lease of land is
surrendered or merged, the estate or interest which as against the
lessee for the time being confers the next vested right to the land;
shall be deemed the reversion for the purpose of preserving the
same incidents and obligations as would have affected the original
reversion had there been no surrender or merger thereof.
65. (1) Notwithstanding the severance by conveyance
surrender, or otherwise of the reversionary estate in any land
comprised in a lease, and notwithstanding the avoidance or cesser
in any other manner of the term granted by a lease as to part only
of the land comprised therein, every condition or right of re-entry,
and every other condition contained in the lease, shall be
apportioned, and shall remain annexed to the severed parts of the
reversionary estate as severed, and shall be in force with respect to
the term whereon each severed part is reversionary, or the term in
the part of the land as to which the term has not been surrendered,
or has not been avoided or has not otherwise ceased, in like manner
as if the land comprised in each severed part, or the land as to
which the term remains subsisting, as the case may be, had alone
originally been comprised in the lease.
(2) This section applies only to leases made after the
1st of January, 1885.
Restriction on
executory
limitations.
Effect of
extinguishment
of reversion.
Apportionment
of conditions on
severance.
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66. (1) Rent reserved by a lease, and the benefit of every
covenant or provision therein contained, having reference to the
subject-matter thereof, and on the lessee’s part to be observed and
performed, and every condition of re-entry and other condition
therein contained, shall be annexed and incident to and shall go
with the reversionary estate in the land, or in any part thereof,
immediately expectant on the term granted by the lease,
notwithstanding severance of that reversionary estate, and without
prejudice to any liability affecting a covenantor or his estate.
(2) Any such rent, covenant or provision shall be capable
of being recovered, received, enforced, and taken advantage of,
by the person from time to time entitled, subject to the term, to the
income of the whole or any part, as the case may require, of the
land leased.
(3) Where that person becomes entitled by conveyance or
otherwise, such rent, covenant or provision may be recovered,
received, enforced or taken advantage of by him notwithstanding
that he becomes so entitled after the condition of re-entry or forfeiture
has become enforceable but this subsection does not render
enforceable any condition of re-entry or other condition waived or
released before such person becomes entitled as aforesaid.
(4) This section applies to leases made before or after
the commencement of this Act, but does not affect the
operation of—
(a) any severance of the reversionary estate, or
(b) any acquisition by conveyance or otherwise of
the right to receive or enforce any rent, covenant
or provision,
effected before the commencement of this Act.
67. (1) The obligation under a condition or of a covenant
entered into by a lessor with reference to the subject-matter of the
lease shall, if and as far as the lessor has power to bind the
reversionary estate immediately expectant on the term granted by
the lease, be annexed and incident to and shall go with that
reversionary estate, or the several parts thereof, notwithstanding
Rent and benefit
of lessee’s
covenants.
Obligation of
lessor’s
covenants to run
with reversion.
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severance of that reversionary estate, and may be taken advantage
of and enforced by the person in whom the term is from time to time
vested by conveyance, devolution in law, or otherwise; and, if and
as far as the lessor has power to bind the person from time to time
entitled to that reversionary estate, the obligation aforesaid may be
taken advantage of and enforced against any person so entitled.
(2) This section applies to leases made before or after the
commencement of this Act, whether the severance of the
reversionary estate was effected before or after such commencement:
Provided that, where the lease was made before the 1st of
January, 1885, nothing in this section shall affect the operation of
any severance of the reversionary estate effected before such date.
This section takes effect without prejudice to any liability
affecting a covenantor or his estate.
68. (1) Where a licence is granted to a lessee to do any act,
the licence, unless otherwise expressed, extends only—
(a) to the permission actually given; or
(b) to the specific breach of any provision or covenant
referred to; or
(c) to any other matter thereby specifically authorised
to be done,
and the licence does not prevent any proceeding for any subsequent
breach unless otherwise specified in the licence.
(2) Notwithstanding any such licence—
(a) all rights under covenants and powers of re-entry
contained in the lease remain in full force and are
available as against any subsequent breach of
covenant, condition or other matter not
specifically authorised or waived, in the same
manner as if no licence had been granted; and
(b) the condition or right of entry remains in force in
all respects as if the licence had not been granted
save in respect of the particular matter authorised
to be done.
Effect of licence
granted to
lessee.
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(3) Where in any lease there is a power or condition of
re-entry on the lessee assigning, subletting or doing any other
specified act without a licence, and a licence is granted—
(a) to any one of two or more lessees to do any act or
to deal with his equitable share or interest,
(b) to any lessee, or to any one of two or more lessees
to assign or underlet part only of the property, or
to do any act in respect of part only of the property,
the licence does not operate to extinguish the right of entry in case
of any breach of covenant, or condition by the co-lessees of the
other shares or interests in the property, or by the lessee or lessees
of the rent of the property as the case may be in respect of such
shares or interests or remaining property, but the right of entry
remains in force in respect of the shares, interests or property not
the subject of the licence.
(4) This section applies to licences granted after the
1st of October, 1864.
69. In all leases containing a covenant, condition, or agreement
against assigning; underletting, or parting with the possession, or
disposing of the land or property leased without licence or consent,
such covenant, condition, or agreement shall, unless the lease
contains an express provision to the contrary, be deemed to be
subject to a proviso to the effect that no fine or sum of money in
the nature of a fine shall be payable for or in respect of such licence
or consent; but this proviso does not preclude the right to require
the payment of a reasonable sum in respect of any legal or other
expense incurred in relation to such licence or consent.
70. (1) A right of re-entry or forfeiture under any proviso or
stipulation in a lease for a breach of any covenant or condition in
the lease shall not be enforceable, by action or otherwise, unless
and until the lessor serves on the lessee a notice—
(a) specifying the particular breach complained
of; and
(b) if the breach is capable of remedy, requiring the
lessee to remedy the breach; and
No fine to be
exacted for
licence to
assign.
Restrictions on
and relief
against
forfeiture of
leases and
under-leases.
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(c) in any case, requiring the lessee to make
compensation in money for the breach,
and the lessee fails, within a reasonable time thereafter, to remedy
the breach, if it is capable of remedy, and to make reasonable
compensation in money, to the satisfaction of the lessor, for
the breach.
(2) Where a lessor is proceeding, by action or otherwise,
to enforce such a right of re-entry or forfeiture, the lessee may, in
the lessor’s action, if any, or in any action brought by himself,
apply to the Court for relief; and the Court may grant or refuse
relief, as the Court, having regard to the proceedings and conduct
of the parties under the foregoing provisions of this section, and to
all the other circumstances, thinks fit; and in case of relief may
grant it on such terms, if any, as to costs, expenses, damages,
compensation, penalty, or otherwise, including the granting of an
injunction to restrain any like breach in the future, as the Court in
the circumstances of each case, thinks fit.
(3) Where a lessor is proceeding by action or otherwise
to enforce a right of re-entry or forfeiture under any covenant,
proviso, or stipulation in a lease, or for non-payment of rent, the
Court may, on application by any person claiming as under-lessee
any estate or interest in the property comprised in the lease or any
part thereof, either in the lessor’s action (if any) or in any action
brought by such person for that purpose, make an order vesting,
for the whole term of the lease or any less term, the property
comprised in the lease or any part thereof in any person entitled as
under-lessee to any estate or interest in such property upon such
conditions as to execution of any Deed, or other document, payment
of rent, costs, expenses, damages, compensation, giving security,
or otherwise, as the Court in the circumstances of each case may
think fit, but in no case shall any such under-lessee be entitled to
require a lease to be granted to him for any longer term than he
had under his original sub-lease.
(4) For the purposes of this section—
(a) “lease” includes an original or derivative under-
lease; also an agreement for a lease where the
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lessee has become entitled to have his lease
granted; also a grant at a fee farm rent, or securing
a rent by condition;
(b) “lessee” includes an original or derivative under-
lessee, and the persons deriving title under a
lessee; also a grantee under any such grant as
aforesaid and the persons deriving title under him;
(c) “lessor” includes an original or derivative under-
lessor, and the persons deriving title under a
lessor; also a person making such grant as
aforesaid and the persons deriving title under him;
(d) “under-lease” includes an agreement for an under-
lease where the under-lessee has become entitled
to have his under-lease granted;
(e) “under-lessee” includes any person deriving title
under an under-lessee.
(5) This section applies although the proviso or stipulation
under which the right of re-entry or forfeiture accrues is inserted
in the lease in pursuance of the directions of any Order-in-Council
or Act or Ordinance or other law.
(6) For the purposes of this section, a lease limited to
continue as long only as the lessee abstains from committing a
breach of covenant shall be and take effect as a lease to continue
for any longer term for which it could subsist, but determinable by
a proviso for re-entry on such a breach.
(7) This section does not extend—
(a) to a covenant or condition against the assigning,
underletting, parting with the possession, or
disposing, of the land leased; or to conditions for
forfeiture on the bankruptcy of the lessee, or on
the taking in execution of the lessee’s interest; or
(b) in case of a mining lease, to a covenant or
condition for allowing the lessor to have access
to or inspect books, accounts, records, weighing
instruments, or other things, or to enter or inspect
the mine or the workings thereof.
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(8) This section shall not affect the law relating to
re-entry or forfeiture or relief in case of non-payment of rent.
(9) This section applies to leases made either before or
after the commencement of this Act, and shall have effect
notwithstanding any stipulation to the contrary.
PART IX
POWERS
71. A person to whom any power, whether coupled with an
interest or not, is given, may by Deed release, or contract not to
exercise, the power.
72. (1) A person to whom any power, whether coupled with
an interest or not, is given, may by Deed disclaim the power, and,
after disclaimer, shall not be capable of exercising or joining in
the exercise of the power.
(2) On such disclaimer, the power may be exercised by
the other person or persons or the survivor or survivors of the other
persons, to whom the power is given, unless the contrary is
expressed in the instrument creating the power.
73. (1) A Deed executed and attested in the manner in
which Deeds are required by law to be executed and attested
is so far as respects the execution and attestation thereof a
valid execution of a power of appointment by Deed or by any
instrument in writing, not testamentary, notwithstanding that
it is expressly required that a Deed or instrument in writing,
made in exercise of the power, is to be executed or attested
with some additional or other form of execution or attestation
or solemnity.
(2) This section does not operate to defeat any direction
in the instrument creating the power that—
(a) the consent of any particular person is to be
necessary to a valid execution;
(b) in order to give validity to any appointment, any
act is to be performed having no relation to the
mode of executing and attesting the instrument.
Release of
powers simply
collateral.
Disclaimer of
power.
Execution of
powers not
testamentary.
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(3) This section does not prevent the donee of a power
from executing it in accordance with the power by writing or
otherwise than by an instrument executed and attested as a deed;
and where a power is so executed this section does not apply.
(4) This section applies to appointments by deed made
after the 1st of October, 1864.
74. This Part of this Act applies to powers created or arising
either before or after the commencement of this Act.
PART X
MARRIED WOMEN AND INFANTS
MARRIED WOMEN
75.
(Repealed by Act No. 52 of 1976).
76.
INFANTS
77. (1) If and as long as any person who is entitled to a
beneficial interest in possession affecting land is an infant, the
trustees appointed for this purpose by the settlement, or if there
are none so appointed, then the trustees of the settlement, unless
the settlement or the order of the Court whereby they or their
predecessors in office were appointed to be such trustees expressly
provides to the contrary, or if there are none, then any persons
appointed as trustees for this purpose by the Court on the
application of a guardian or next friend of the infant, may enter
into and continue in possession of the land on behalf of the infant,
and in every such case the subsequent provisions of this section
shall apply.
(2) The trustees shall manage or superintend the
management of the land, with full power—
(a) to fell timber or cut underwood from time to
time in the usual course for sale, or for repairs
or otherwise;
Application of
this Part to
existing powers.
Management of
land during
minority or
pending
contingency.
[28 of 1973].
}
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(b) to erect, pull down, rebuild, and repair houses,
and other buildings and erection;
(c) to continue the working of mines, minerals, and
quarries which have usually been worked;
(d) to drain or otherwise improve the land or any
part thereof;
(e) to insure against loss by fire;
(f) to make allowances to and arrangements with
tenants and others;
(g) to determine tenancies, and to accept surrenders
of leases and tenancies; and
(h) generally to deal with the land in a proper and
due course of management,
but so that, where the infant is impeachable for waste, the trustees
shall not commit waste, and shall cut timber on the same terms
only, and subject to the same restrictions on and subject to which
the infant could; if of full age, cut the same.
(3) The trustees may from time to time, out of the income
of the land, including the produce of the sale of timber and
underwood, pay the expenses incurred in the management, or in
the exercise of any power conferred by this section, or otherwise
in relation to the land, and all outgoings not payable by any tenant
or other person, and shall keep down any annual sum, and the
interest of any principal sum, charged on the land.
(4) Where the infant’s estate or interest is an undivided
share of land, the powers of this section relative to the land may be
exercised jointly with persons entitled to possession of, or having
power to act in relation to, the other undivided share or shares.
(5) This section has effect subject to an express
appointment by the settlement, or the Court, of trustees for the
purposes of this section or of any enactment replaced by this section.
(6) Where any person is contingently entitled to land, this
section shall, subject to any prior interests or charges affecting
that land, apply until his interest vests, or, if his interest vests during
his minority, until he attains the age of twenty-one years.
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This subsection applies only where a person becomes
contingently entitled under an instrument coming into operation
after the 1st of January, 1885.
(7) This section applies only if and as far as a contrary
intention is not expressed in the instrument, if any, under which
the interest of the infant or person contingently entitled as aforesaid
arises, and has effect subject to the terms of that instrument and to
the provisions therein contained.
PART XI
VOIDABLE DISPOSITIONS
78. (1) Save as provided in this section, every conveyance of
property, made whether before or after the commencement of this
Act, with intent to defraud creditors, shall be voidable, at the
instance of any person thereby prejudiced.
(2) This section does not affect the operation of a
disentailing assurance, or the law of bankruptcy for the time being
in force.
(3) This section does not extend to any estate or interest
in property conveyed for valuable consideration and in good faith
or upon good consideration and in good faith to any person not
having at the time of the conveyance, notice of the intent to
defraud creditors.
79. (1) Every voluntary disposition of land made with intent
to defraud a subsequent purchaser is voidable at the instance of
that purchaser.
(2) For the purposes of this section, no voluntary
disposition, whenever made, shall be deemed to have been made
with intent to defraud by reason only that a subsequent disposition
for valuable consideration was made, if such subsequent disposition
was made after the 29th of December, 1915.
(3) In this section, the expression “disposition” includes
a transfer under the provisions of the Real Property Act, and also
includes every mode of conveyance or disposition mentioned or
referred to in the Act 27 Elizabeth, Chapter 4.
Voluntary
conveyances to
defraud
creditors
voidable.
Voluntary
disposition of
land how far
voidable as
against
purchasers.
Ch. 56:02.
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PART XII
NOTICE
80. (1) A purchaser shall not be prejudicially affected by
notice of any instrument, fact, or thing unless—
(a) it is within his own knowledge, or would have
come to his knowledge, if such enquiries and
inspections had been made as ought reasonably
to have been made by him; or
(b) in the same transaction with respect to which a
question of notice to the purchaser arises, it has
come to the knowledge of his Attorney-at-law, as
such, or of his other agent, as such, or would have
come to the knowledge of his Attorney-at-law or
other agent, as such, if such enquiries and
inspections had been made as ought reasonably
to have been made by the Attorney-at-law or
other agent.
(2) This section shall not exempt a purchaser from any
liability under, or any obligation to perform or observe, any
covenant, condition, provision, or restriction contained in any
instrument under which his title is derived, mediately or
immediately; and such liability or obligation may be enforced in
the same manner and to the same extent as if this section had not
been enacted.
(3) A purchaser shall not, by reason of anything in this
section, be affected by notice in any case where he would not have
been so affected if this section had not been enacted.
(4) This section applies to purchases made either before
or after the commencement of this Act.
81. (1) Any notice required or authorised by this Act to be
served shall be in writing.
(2) Any notice required or authorised by this Act to be
served on a lessee or mortgagor shall be sufficient, although only
addressed to the lessee or mortgagor by that designation, without
his name, or generally to the persons interested, without any name,
Restriction on
constructive
notice.
Regulations
respecting
notice.
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and notwithstanding that any person to be affected by the notice is
absent, under disability, unborn, or unascertained.
(3) Any notice required or authorised by this Act to be
served shall be sufficiently served if it is left at the last known
place of abode or business in Trinidad and Tobago of the lessee,
lessor, mortgagee, mortgagor, or other person to be served, or,
in case of a notice required or authorised to be served, on a
lessee or mortgagor, is affixed or left for him on the land or any
house or building comprised in the lease or mortgage, or, in
case of a mining lease, is left for the lessee at the office or
counting-house of the mine.
(4) Any notice required or authorised by this Act to be
served shall also be sufficiently served if it is sent by post in a
registered letter addressed to the lessee, lessor, mortgagee,
mortgagor, or other person, to be served, by name, at the aforesaid
place of abode or business, office, or counting-house, and if that
letter is not returned through the Post Office undelivered; and that
service shall be deemed to be made at the time at which the
registered letter would in the ordinary course be delivered.
(5) This section does not apply to notices served in
proceedings in the Court.
PART XIII
GENERAL
82. (1) The powers given by this Act to any person, and the
covenants, provisions, stipulations, and words which under this
Act are to be deemed to be included or implied in any instrument,
or are by this Act made applicable to any contract for sale or other
transaction, are and shall be deemed in law proper powers,
covenants, provisions, stipulations, and words, to be given by or
to be contained in any such instrument, or to be adopted in
connection with, or applied to, any such contract or transaction,
and an Attorney-at-law shall not be deemed guilty of neglect or
breach of duty, or become in any way liable, by reason of his
omitting, in good faith, in any such instrument, or in connection
with any such contract or transaction, to negative the giving,
inclusion, implication, or application of any of those powers,
Protection of
Attorney-at-law
and trustees
adopting Act.
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covenants, provisions, stipulations, or words, or to insert or
apply any others in place thereof, in any case where the
provisions of this Act would allow of his doing so.
(2) But, save as expressly provided by this Act, nothing
in this Act shall be taken to imply that the insertion in any such
instrument, or the adoption in connection with, or the application
to, any contract or transaction, of any further or other powers,
covenants, provisions, stipulations, or words is improper.
(3) Where the Attorney-at-law is acting for trustees,
executors, or other persons in a fiduciary position, those persons
shall also be protected in like manner.
(4) Where such persons are acting without an
Attorney-at-law, they shall also be protected in like manner.
83. (1) Any person disposing of property or any interest
therein for money or money’s worth to a purchaser, or the
Attorney-at-law or other agent of such person, who—
(a) conceals from the purchaser any instrument or
encumbrance material to the title, or
(b) falsifies any pedigree upon which the title may
depend in order to induce the purchaser to accept
title offered or produced,
with intent in any of such cases to defraud, is guilty of a
misdemeanour punishable by fine, or by imprisonment for
two years, or by both.
(2) Any such person or his Attorney-at-law or agent is
also liable to an action for damages by the purchaser or the persons
deriving title under him for any loss sustained by reason of—
(a) the concealment of the instrument or encumbrance;
(b) any claim made by a person under such pedigree
whose right was concealed by such falsification
as aforesaid.
(3) In estimating damages, where the property or any
interest therein is recovered from the purchaser or the persons
Fraudulent
concealment of
documents and
falsification of
pedigrees.
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deriving title under him, regard shall be had to any expenditure by
him or them in improvements of any land.
(4) No prosecution for any offence under this section shall
be commenced without leave of the Director of Public Prosecutions.
(5) Before leave to prosecute is granted there shall be given
to the person intended to be prosecuted such notice of the application
for leave to prosecute as the Director of Public Prosecutions may direct.
84. Where by any Deed any lands are sold, mortgaged, leased,
assigned, or otherwise disposed of for valuable consideration, the
full consideration money or rent directly or indirectly paid,
reserved, secured, or agreed to be paid for the same shall be truly
expressed in words at length in or upon such Deed, or the principal
of such Deeds if there be more than one. And if such full
consideration money or rent is not truly expressed as aforesaid,
both the payer or person agreeing to pay the same, and the seller,
lessor, or person agreeing to accept the same, shall forfeit the sum
of two hundred and forty dollars, and shall also be charged with
the payment of five times the excess of fee which would have
been payable for such Deed in respect of the full consideration
money in case the same had been truly expressed; and such penalty
and quintuple excess shall be deemed to constitute a debt due to
the State, and may be sued for and recovered accordingly:
Provided that if any party by this section made liable to the
payment of such penalty and quintuple excess as aforesaid, gives
information to the Registrar General whereby such penalty, or
quintuple excess, or any part thereof, is recovered, the party giving
the information shall not only be indemnified and discharged from
his liability, but may also be rewarded by the President out of the
penalty or quintuple excess so recovered, to such extent as the
President thinks proper. And where any other person gives
information whereby any such penalty or quintuple excess is
recovered, he may be rewarded in like manner.
85. Where the full consideration money or rent reserved is
not truly expressed in the manner by this Act directed, it shall be
lawful, where any money has been paid in the name of such
Consideration or
rent reserved
must be truly
stated.
Reward to
informer.
Return of
consideration or
rent not stated.
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consideration or rent, for the payer, his executors or administrators,
to recover back from the payee, his executors or administrators, so
much of such consideration money or rent as is not expressed as
aforesaid, or the whole thereof if not part of the same is so
expressed.
86. Any Attorney-at-law or other person employed in or about
the preparing of any Deed in or upon which the full consideration
money or rent reserved is required to be truly expressed as aforesaid,
or employed for any of the parties to such Deed in any manner
about or relating to the transaction therein mentioned, who
knowingly and wilfully inserts or expresses, or causes to be inserted
or expressed, in or upon any such Deed, any other than the full and
true consideration money or rent directly or indirectly paid,
reserved, secured, or agreed to be paid for the same, or who in anywise
aids or assists in any of the acts aforesaid, shall, for every such offence,
forfeit the sum of two thousand four hundred dollars, which may be
sued for and recovered as a debt due to the State. And every Attorney-
at-law so offending, and being thereof lawfully convicted, shall
thenceforth be disabled to practise as an Attorney-at-law:
Provided that no party, Attorney-at-law, or other person shall be
liable to any penalty, disability, or forfeiture by reason of the full
consideration money or rent reserved not being truly expressed in
or upon any Deed, unless the fees actually paid for the same are
less than would have been payable in case the full consideration
money or rent reserved had been truly expressed according to the
directions of this Act.
87. (1) Payment of money into Court effectually exonerates
therefrom the person making the payment.
(2) Subject to any Rules of Court to the contrary—
(a) every application to the Court under this Act shall,
save as otherwise expressly provided, be by
summons at Chambers;
(b) on an application by a purchaser notice shall be
served in the first instance on the vendor;
(c) on an application by a vendor notice shall be
served in the first instance on the purchaser;
Aiding in untrue
statement of
consideration
or rent.
Payment into
Court,
jurisdiction and
procedure.
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(d) on any application notice shall be served on such
persons, if any, as the Court thinks fit.
(3) The Court shall have full power and discretion to make
such order as it thinks fit respecting the costs, charges and expenses
of all or any of the parties to any application.
88. (1) An order of the Court under any statutory or other
jurisdiction shall not, as against a purchaser, be invalidated on the
ground of want of jurisdiction, or of want of any concurrence,
consent, notice, or service, whether the purchaser has notice of
any such want or not.
(2) This section applies to all orders made before or after
the commencement of this Act.
89. (1) The Chief Justice, with the concurrence of a Puisne
Judge, may make Rules of Court for regulating the practice and
procedure in respect of proceedings of any kind under this Act.
(2) The provisions of the Supreme Court of Judicature
Act shall apply to such rules in the same manner as they apply to
Rules of Court made under that Act.
Orders of Court
conclusive.
Powers to make
Rules of Court.
Ch. 4:01.
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FIRST SCHEDULE
SHORT FORMS OF DEEDS
I. MORTGAGE
THIS DEED OF MORTGAGE made the ....................... day of ...................
20 .......... between A. of [etc.] of the one part and B. of [etc.] and C. of [etc.] of
the other part. Witnesseth that in consideration of the sum of $ ...........................
paid to A. by B. and C. out of money belonging to them on a joint account of
which sum A. hereby acknowledges the receipt, A. hereby covenants with B.
and C. to pay to them on the ..................... day of ....................... 20 ........ the
sum of $ ............................. with interest thereon in the meantime at the rate of
[ ............... ] per centum per annum and also as long after that day as any principal
money remains due under this mortgage to pay to B. and C. interest thereon at
the same rate by equal quarterly payments on the .................. day of ...................
20 ..........., and the ..................... day of........................... , 20 ..........
AND THIS DEED also witnesseth that for the same consideration A. as
beneficial owner hereby conveys to B. and C. All that [etc.] To hold to and to
the use of B. and C. in fee simple subject to the proviso for redemption following
(namely) that if A. or any person claiming under him shall on the ..................
day of ................ , 20 ............. , pay to B. and C. the sum of $ ........................
and interest thereon at the rate aforesaid then B. and C. or the persons claiming
under (them will at the request and cost of A. or the persons claiming under
him reconvey the premises to A. or the persons claiming under him. And A.
hereby covenants with B. as follows [here add covenant as to fire insurance
or other special covenant required].
In witness, etc.
II. FURTHER CHARGE
This Deed made the ............... day of ..................... , 20 .............. , between
[the same parties as the forgoing mortgage] and supplemental to a Deed of
Mortgage dated the .................. day of ....................... , 20 ............ , and made
between the same parties for securing the sum of $ .................... and interest at
[ ................. ] per centum per annum on property at [etc.] Witnesseth that in
consideration of the further sum of $ ....................... paid to A. by B. and C. out
of money belonging to them on a joint account [add receipt and covenant as in
the foregoing mortgage] and further that all the property comprised in the before-
mentioned Deed of Mortgage shall stand charged with the payment to B. and C.
of the sum of $ ....................... and the interest thereon hereinbefore covenated
to be paid as well as the sum of $ ...................... and interest secured by the
same Deed.
In witness, etc.
(Section 11).
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III. CONVEYANCE ON SALE
THIS DEED made this .................. day of ........................., 20 .............
between A. of [etc.] of the first part B. of [etc.] and C. of [etc.] of the second part
and M. of [etc.] of the third part. WHEREAS by a Deed dated [etc.] and made
between [etc.] the lands hereinafter mentioned were conveyed by A. to B. and
C. in fee simple by way of mortgage for securing $ ............................... and
interest, and by a supplemental Deed dated [etc.] and made between the same
parties those lands were charged by A. with the payment to B. and C. of the
further sum of $ ........................ and interest thereon. AND WHEREAS a
principal sum of $ ...................... remains due under the two before-mentioned
Deeds but all interest thereon has been paid as B. and C. hereby acknowledge.
Now this Deed witnesseth that in consideration of the sum of $ .......................
paid by the direction of A. to B. and C. and of the sum of $ ....................... paid
to A. those two sums making together the total sum of $ .......................... paid
by M. for the purchase of the fee simple of the lands hereinafter mentioned of
which sum of $ ......................... B. and C. hereby acknowledge the receipt and
of which total sum of $ ........................ A. hereby acknowledges the payment
and receipt in manner before-mentioned, B. and C. as mortgagees and by the
direction of A. as beneficial owner hereby convey and A. as beneficial owner
hereby conveys and confirms to M. All that [etc.] To hold to and to the use of M.
in fee simple discharged from all money secured by and from all claims under
the before-mentioned Deeds. [Add, if required, And A. hereby acknowledges
the right of M. to production of the documents of title mentioned in the Schedule
hereto and to delivery of copies thereof and hereby undertakes for the safe
custody thereof].
In witness, etc.
[The Schedule above referred to].
[To contain list of documents retained by A.].
IV. MARRIAGE SETTLEMENT
THIS DEED made the ...................... day of ...................., 20 ...............,
between John M. of [etc.] of the first part Jane S. of [etc.] of the second part and
X. of [etc.] and Y. of [etc.] of the third part Witnesseth that in consideration of
the intended marriage between John M. and Jane S. John M. as settlor hereby
conveys to X. and Y. All that [etc.] To hold to X. and Y. in fee simple to the use
of John M. in fee simple until the marriage and after the marriage to the use of
John M. during his life without impeachment of waste with remainder after his
death to the use that Jane S. if she survives him may receive during the rest of
her life a yearly jointure rent charge of $ .................... to commence from his
death and to be paid be equal quarterly payments the first thereof to be made at
the end of three calendar months from his death if she is then living or if not a
proportional part to be paid at her death, and subject to the before-mentioned
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rent charge to the use of X. and Y. for a term of five hundred years without
impeachment of waste on the trusts hereinafter declared, and subject thereto to
the use of the first and other sons of John M. and Jane S. successively according
to seniority in tail male with remainder [insert here, if thought desirable, to the
use of the same first and other sons successively according to seniority in tail
with remainder] to the use of all the daughters of John M. and Jane S. in equal
shares as tenants in common in tail with cross remainders between them in tail
with remainder to the use of John M. in fee simple. [Insert trusts of term of 500
years for raising portions; also, if required, power to charge jointure and portions
on a future marriage; also powers of sale, exchange, and partition and other
powers and provisions, if and as, desired].
In witness, etc.
SECOND SCHEDULE
STATUTORY MORTGAGE
PART I
DEED OF STATUTORY MORTGAGE
THIS DEED made by way of statutory mortgage the .................... day of
..................... , 20 ................ between A. of [etc.] of the one part and M. of [etc.]
of the other part Witnesseth that in consideration of the sum of $ ...................
now paid to A. by M. of which sum A. hereby acknowledges the receipt, A. as
mortgagor and as beneficial owner hereby conveys to M. all that [etc.,] To hold
to and to the use of M. in fee simple for securing payment on the ..................
day of ...................... , 20 ............ of the principal sum of $ .................. as the
mortgage money with interest thereon at the rate of [ ] per centum per annum.
In witness, etc.
N.B. Variations in this and subsequent forms to be made, if required, for
leasehold land, or for giving effect to special arrangements.
PART II
(A)
DEED OF STATUTORY TRANSFER,
MORTGAGOR NOT JOINING
THIS DEED made by way of statutory transfer of mortgage the ...................
day of ...................... , 20 ................. , between M. of [etc.] of the one part and
T. of [etc.] of the other part, supplemental to a Deed made by way of statutory
mortgage dated the .................. day of ..................... , 20 ............... , and made
(Section 50).
(Section 51).
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between [etc.] Witnesseth that in consideration of the sum of $ ....................
now paid to M. by T. being the aggregate amount of $ ................... mortgage
money and $ ................... interest due in respect of the said mortgage of which
sum M. hereby acknowledges the receipt, M. as mortgagee hereby conveys and
transfers to T. the benefit of the said mortgage.
In witness, etc.
(B)
DEED OF STATUTORY TRANSFER,
A COVENANTOR JOINING
THIS DEED made by way of statutory transfer of mortgage the ..............
day of ....................., 20 ................, between A. of [etc.] of the first part, B. of
[etc.] of the second part and C. of [etc.] of the third part, supplemental to a
Deed made by way of statutory mortgage dated the ................ day of ...............
20 ........... , and made between [etc.] Witnesseth that in consideration of the
sum of $ .............. now paid to A. by C. being the mortgage money due in
respect of the said mortgage, no interest being now due and payable thereon,
of which sum A. hereby acknowledges the receipt, A. as mortgagee with the
concurrence of B. who joins herein as covenantor hereby conveys and transfers
to C. the benefit of the said mortgage.
In witness, etc.
(C)
STATUTORY TRANSFER AND STATUTORY
MORTGAGE COMBINED
THIS DEED made by way of statutory transfer of mortgage and statutory
mortgage the ................ day of ......................., 20 .................., between A. of
[etc.] of the first part B. of [etc.] of the second part and C. of [etc.] of the third
part, supplemental to a Deed made by way of statutory mortgage dated the
................. day of ...................... ,20 ..................... and made between [etc.]
Whereas the principal sum of $ ...................... only remains due in respect of
the said mortgage as the mortgage money and no interest is now due and payable
thereon. And whereas B. is seised in fee simple of the land comprised in the said
mortgage subject to that mortgage. Now this Deed witnesseth that in
consideration of the sum of $ ...................... now paid to A. by C. of which sum
A. hereby acknowledges the receipt and B. hereby acknowledges the payment
and receipt as aforesaid* A. as mortgagee hereby conveys and transfers to C.
the benefit of the said mortgage. And this Deed also witnesseth that for the
same consideration A. as mortgagee and according to his estate and by direction
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of B. hereby conveys and B. as beneficial owner hereby conveys and confirms
to C. All that [etc.] To hold to and to the use of C. in fee simple for securing
payment on the ................. day of ..................... ,20.................. , of* the sum of
$ ...................... as the mortgage money with interest thereon at the rate of [ ]
per centum per annum.
In witness, etc.
[Or, in case of further advance, after aforesaid at* insert and also in
consideration of the further sum of $ ............................ now paid by C. to B. of
which sum B. hereby acknowledges the receipt, and after of at* insert the sums
of $ ........................ and $ .............................. making together].
* Variations to be made, as required, in case of the Deed being made be
endorsement, or in respect of any other thing.
PART III
DEED OF STATUTORY
RE-CONVEYANCE OF MORTGAGE
THIS DEED made by way of statutory reconveyance of mortgage the
................... day of .............., 20 ............., between C. of [etc.] of the one
part and B. of [etc.] of the other part, supplemental to a Deed made by way
of statutory transfer of mortgage dated the ...................... day of ............... ,
20 ............. , and made between [etc.] Witnesseth that in consideration of
all principal money and interest due under that Deed having been paid of
which principal and interest C. hereby acknowledges the receipt, C. as
mortgagee hereby conveys to B. all the lands and hereditaments now vested
in C. under the said Deed to hold to and to the use of B. in fee simple
discharged from all principal money and interest secured by and from all
claims and demands under the said Deed.
In witness, etc.
N.B. Variations as noted above.
(Section 53).
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