FACILITIES FOR TITLE ACT

ARRANGEMENT OF SECTIONS

Preliminary

   1   Short title

   2   Interpretation

 

Application for loan and procedure thereafter

   3   Procedure to be followed with respect to loans

   4   Documents and particulars to be submitted

   5   Publication of notice of application

   6   Representative of agency to attend on land and note objections- acknowledgment of objections

   7   Prohibition of and procedure with respect to frivolous objections

   8   Duty of officers and representatives of agency to disclose knowledge of objections

   9   Circumstances in which a mortgage may or may not be accepted by an agency

   10   Effect of mortgage

   11   Mortgage under this Act to indicate that fact

   12   Title may be registered

   13   Certificate of compliance with the necessary formalities

   14   Registration of Titles Act to prevail over this Act

   15   Mortgage to secure further or future advances or to operate as continuing security

   16   Searches by agency

   17   Agency not under obligation to make a loan in reliance on the provisions of this Act

 

Claims by persons deprived of land and procedure thereafter

   18   Person deprived of land may bring action for damages

   19   Application to Minister for compensation may be made before commencement of action-procedure thereafter

   20   Payment of additional compensation to avoid hardship

   21   Notice of action to be served on the Minister

   22   Court to certify amount of damages and costs

   23   Limitation of actions

   24   Limitation on right to compensation

   25   Non-suit on ground of fraud or negligence

   26   Actions against estates of deceased persons, bankrupts and persons who cannot be found

   27   Agency to exercise power of sale where compensation paid during subsistence of mortgage

 

Establishment of Compensation Fund and incidental provisions

   28   Compensation Fund

   29   Recovery of compensation paid by mistake

   30   Minister may recover from agency in case of fraud or negligence of officer of agency

 

Civil proceedings-Jurisdiction

   31   Designation of Minister for purposes of litigation

   32   Costs awarded against Minister to be paid out of Compensation Fund

   33   Jurisdiction in civil cases

 

Exemption from duties and fees-Recording

   34   Exemption from duties and fees

   35   Memorandum of mortgage to be filed

 

Offences, penalties jurisdiction

   36   Offences

   37   Trial of offences

   38   Forms in First Schedule deemed to be documents for purposes of Perjury Act

 

Delegation of powers

   39   Delegation by Minister

   40   Powers of Minister

      SCHEDULES

 

THE FACILITIES FOR TITLE ACT

[Date of Commencement: 8th September, 1955]

Laws
37 of 1955,
39 of 1957.

LNs
32/1958,
80/1976.

Preliminary

1   Short title

   This Act may be cited as the Facilities for Title Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "agency" means an approved lending agency nominated in accordance with section 40;

   "agricultural purpose" includes any purpose for the encouragement or promotion of agricultural, horticultural or pastoral activities, afforestation, agriculture, fishculture or the keeping or breeding of livestock or poultry;

   "compensation" means compensation from the Compensation Fund;

   "Compensation Fund" means the Compensation Fund established under section 28;

   "the date of deprivation" means the date on which the land in relation to which the expression is used vests under the provisions of this Act in an agency as mortgagee;

   "land" means land in respect of which a loan or an application for a loan is made in accordance with the provisions of this Act;

   "the Minister" means the Minister responsible for agriculture;

   "mortgage" means any document operating as a mortgage and expressed to be made in reliance on the provisions of this Act, whether or not the same incorporates any other agreement or type of security;

   "the necessary formalities" means the formalities prescribed by sections 4, 5, 6, 9 and 11;

   "predecessors in title" includes all persons from or through whom an applicant for a loan derives legal or equitable title to the estate which he claims in the land;

   "Resident Magistrate" means Resident Magistrate for the parish in which the land is wholly or in part situated;

   "Resident Magistrate's Court" means Resident Magistrate's Court for the parish in which the land is wholly or in part situated.

Application for loan and procedure thereafter

3   Procedure to be followed with respect to loans

   Where a person applying to an agency for a loan for an agricultural purpose or for a purpose declared under section 40 to be an approved purpose is unable to show title under the Registration of Titles Act or a title at common law which satisfies the agency he may adopt the procedure hereinafter prescribed.

4   Documents and particulars to be submitted

   The person applying for the loan shall submit to the agency-

   (a)    an application in the, appropriate form set out in the First Schedule, the particulars of which shall be verified by a statutory declaration made by the applicant; and

   (b)   certificates in the appropriate form set out in the First Schedule from at least two persons of any one or more of the classes mentioned in the Second Schedule to the effect that within their personal knowledge the applicant for the loan is the reputed owner of an estate in fee simple in the land in respect of which the application is made and has been in continuous and undisturbed possession of the land by himself, his agents or tenants for a period of at least seven years or for a period which when added to any period or periods of continuous and undisturbed possession of the land by his predecessors in title as reputed owners in fee simple amounts to at least seven years and is in possession of the land on the date of the application;

   (c)   receipts or a certificate from an officer duly authorised to issue the same showing payment of quit rents, property tax, rates and assessments on the land, by the applicant or by the applicant and his predecessors in title for a period of at least seven years immediately preceding the date of the application;

   (d)   all deeds and other documents in his possession relating to the title to the land.

[39/1957 s 2.]

5   Publication of notice of application

   (1) If the agency is in favour of making a loan the agency shall cause notice of the application in the appropriate form set out in the First Schedule to be published in two consecutive ordinary issues of the Gazette and, as soon as may be convenient after the receipt of the application but not later than the date of first publication in the Gazette, the agency shall-

   (a)   put up a copy of the notice in some conspicuous place on the land and in two other places at least in the vicinity of the land; and

   (b)   send a copy of the notice by registered post to every person (other than the applicant) stated in the application to be an occupier of the land or to be an occupier or owner of any land contiguous thereto.

   (2) The Government Printer may, in order to save expense, combine in one notice in such manner as may be convenient any number of notices received by him for publication in the Gazette under this section, so, however, that all the particulars required to be inserted in the notice in respect of each application are clearly and accurately stated.

6   Representative of agency to attend on land and note objections- acknowledgment of objections

   (1) On the date and at the hour mentioned in the notice of application, which date shall be not earlier than the first publication of the notice in the Gazette nor less than ten nor more than twenty-eight clear days after copies of the notice have been sent by registered post as provided by section 5, the agency shall cause a representative duly authorised to act on its behalf, to attend on the land, view the same, check the boundaries thereof, make a valuation thereof and note any objection or information pertaining to the title or boundaries that may be stated or given by any person.

[39/1957 s 3(a).]

   (2) Where from any cause beyond the control of the agency or its representative the latter is unable to attend on the land on the date mentioned in the notice of application the same or any other representative of the agency may subsequently attend on the land within three months of the first publication of the notice of application in the Gazette for the purposes specified in subsection (1), if notice of his intention so to do on a specified date and at a specified hour be sent at least ten clear days before the date of attendance by registered post, addressed to the persons to whom copies of the notice of application are required to be sent by registered post under subsection (1) of section 5.

   (3) A representative shall on the occasion of his attendance on the land for the purposes specified subsection (1) give-

[39/1957 s 3(b).]

   (a)   to any person stating any objection pertaining to the title or boundaries of the land a written acknowledgment of the objection with the particulars thereof; and

   (b)   to the applicant a copy of every objection noted by the representative.

7   Prohibition of and procedure with respect to frivolous objections

   (1) No person shall notify to an agency or to any representative of an agency, or to any director, manager, agent or officer thereof, any objection to the acceptance of a mortgage (whether as to title, boundaries or any other matter) without having reasonable grounds for so doing.

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   (2) Any person who notifies any such objection as aforesaid, without having reasonable grounds for so doing, shall be liable to the applicant affected as for a tort.

   (3) If the applicant succeeds in any action instituted under subsection (2) the agency may on receipt of a certificate disclosing the issues determined and the result thereof and signed by the Clerk of the Resident Magistrate's Court (whose duty it shall be to issue the same at the request of the applicant) disregard the objection and accept a mortgage from the applicant in accordance with the provisions of subsection (1) of section 9.

   (4) In any subsequent application by the same applicant the agency shall disregard the objection or any renewal thereof.

8   Duty of officers and representatives of agency to disclose knowledge of objections

   (1) Every representative of an agency and every director, manager, agent or officer thereof shall inform the agency in writing of any objection (whether as to title, boundaries or any other matter) which is made or communicated to him and of any knowledge which he may have that any person is entitled to or claims an estate or interest in the land or a boundary adverse to the title of an applicant for a loan.

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