CONVEYANCING ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

I. Preliminary

   2   Limitation

   3   Interpretation

   4   Old practice retained as to preparation, investigation, etc of documents

 

II. Sales and Other Transactions

NOTICE

   5   Notice

 

COVENANTS FOR TITLE

   6   Application of stated conditions of sale to all purchases

   7   Completion of contract after death

 

DISCHARGE OF INCUMBRANCES ON SALE

   8   Provision by Court for incumbrances, and sale freed therefrom

 

GENERAL WORDS

   9   General words in conveyances of land or buildings

 

COVENANTS FOR TITLE

   10   Covenants for title to be implied

 

EXECUTION OF PURCHASE DEED

   11   Rights of purchaser as to execution

 

III. Leases

   12   Rent and benefit of lessee's covenants to run with reversion

   13   Obligation of lessor's covenants to run with reversion

   14   Apportionment of conditions on severance, etc

   15   On subdemise, title to leasehold reversion not to be required

   16   Contract for lease not part of title to lease

 

FORFEITURE

   17   Restrictions on and relief against forfeiture of leases

 

IV. Mortgages

   18   Obligation on mortgage to transfer instead of reconveying or satisfying the record

   19   Power for mortgagor to inspect title deeds

   20   Restriction on consolidation of mortgages

 

LEASES

   21   Leasing powers of mortgagor and of mortgagee in possession

 

SALE, INSURANCE, RECEIVER, TIMBER

   22   Powers incident to estate or interest of mortgagee

   23   Regulation of exercise of power of sale

   24   Conveyance, receipt, etc on sale by mortgagee and application of proceeds

   25   Mortgagee's receipts, discharges, etc

   26   Amount and application of insurance money

   27   Appointment, powers, remuneration and duties of Receiver

 

ACTION RESPECTING MORTGAGES

   28   Sale of mortgaged property in action for foreclosure, etc

 

V. Statutory Mortgage

   29   Form of statutory mortgage

   30   Statutory transfer of mortgage

   31   Implied covenants, joint and several

   32   Form of reconveyance of statutory mortgage

 

VI. Trust and Mortgage Estates on Death

   33   Devolution of trust and mortgage estates or death

 

VII. Trustees and Executors

   34   Retirement of trustee

   35   Powers of new trustees appointed by court

   36   Vesting of trust property in new or continuing trustees

   37   Power for trustees for sale to sell by auction, etc

   38   Trustees' receipts

   39   Power for executors and trustees to compound, etc

 

POWERS

   40   Disclaimer of power by trustees

 

VIII. Married Women

   41   Power of Court to bind interest of married woman

   42   Power of attorney of married women

 

IX. Infants

   43   Management of land and receipt and application of income during minority

   44   Application by trustees of income of property of infant for maintenance, etc

   45   Executory limitations, restriction on

 

X. Rent-charges and other Annual Sums

   46   Remedy for recovery of annual sums charged on land

 

XI. Powers of Attorney

   47   Execution under power of attorney

   48   Effect of power of attorney for value made absolutely irrevocable

   49   Effect of power of attorney, for value or not, made irrevocable for fixed time

   50   Payment by attorney under power without notice of death, etc good

   51   Powers of attorney to be proved and recorded

 

XII. Construction and Effect of Deeds and Other Instruments

   52   Use of formal words unnecessary

   53   Conveyance by person to himself, etc

   54   Words of limitation in fee or in tail

   55   Powers simply collateral

   56   Construction of supplemental or annexed deed or document

   57   Receipt in deed sufficient

   58   Receipt in deed or indorsed, evidence for subsequent purchaser

   59   Receipt in deed or indorsed, authority for payment to solicitor

   60   Sufficiency of Forms I, II, III and IV, in Second Schedule

   61   Covenants to bind heirs, etc

   62   Covenants to extend to heirs, etc

   63   Effect of covenant with two or more jointly

   64   Effect of advance on joint account

   65   Conveyance of easements, etc by way of use

   66   Provision for all the estate, etc

   67   Construction of implied covenants

 

XIII. Long Terms

   68   Enlargement of residue of long term into fee simple

 

XIV. Adoption of Act

   69   Protection of solicitor and trustees adopting Act

 

XV. Miscellaneous

   70   Persons not being admitted barristers or solicitors practising for reward, subject to penalties

   71   Regulations respecting notice

 

XVI. Court; Procedure; Orders

   72   Regulations respecting payments into Court and applications to the Court

   73   Orders of Court conclusive

 

OPERATION OF CONVEYANCES

   74   What conveyances of land are to have same operation as fine or recovery

      SCHEDULES

 

THE CONVEYANCING ACT

[Date of Commencement: 1st December, 1889]

Cap 73.

Law 1 of 1957.

Act 1 of 1979.

1   Short title

   This Act may be cited as the Conveyancing Act.

I. Preliminary

2   Limitation

   Nothing in this Act shall apply to land brought under the operation of the Registration of Titles Act.

3   Interpretation

   In this Act-

   "Property" unless a contrary intention appears, includes real and personal property, and any estate or interest in any property, real or personal, and any debt, and any thing in action, and any other right or interest in the nature of property, whether in possession or not;

   "Land" unless a contrary intention appears, includes land of any tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, also an undivided share in land;

   "Income" in relation to land, includes rents and profits, and possession includes receipt of income;

   "Conveyance" unless a contrary intention appears, includes assignment, appointment, lease, settlement and other assurance, and covenant to surrender, made by deed, on a sale, mortgage, demise or settlement, of any property, or on any other dealing with or for any property; and convey, unless a contrary intention appears, has a meaning corresponding with that of conveyance;

   "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 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 is, for the purpose of this Act, a mortgagee who, in right of the mortgage, has entered into and is in possession of the mortgaged property;

   "Incumbrance" 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 incumbrancer has a meaning corresponding with that of incumbrance, and includes every person entitled to the benefit of an incumbrance, or to require payment or discharge thereof;

   "Purchaser" includes a lessee or mortgagee, or an intending purchaser, lessee or mortgagee, or other person who, for valuable consideration, takes or deals for any property; and purchase has a meaning corresponding with that of purchaser;

   "Rent" includes yearly or other rent, toll, duty, royalty or other reservation, by the acre, the ton or otherwise; and fine includes premium or foregift, and any payment, consideration or benefit, in the nature of a fine premium or foregift,

   "Building purposes" include the erecting and the 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;

   "Mining Lease" is 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;

   "will" includes codicil;

   "instrument" includes deed, will, and Statute Law;

   "securities" includes stocks, funds, debentures and shares;

   "bankruptcy" includes liquidation by arrangement, and any other act or proceeding in law having, under any enactment for the time being in force, effects or results similar to those of bankruptcy; and bankrupt has a meaning corresponding with that of bankruptcy;

   "writing" includes print; and words referring to any instrument, copy, extract, abstract or other document, include any such instrument, copy, extract, abstract, or other document, being in writing or in print, or partly in writing and partly in print;

   "person" includes a corporation.

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