SETTLED LAND ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

I
Interpretation

   2   Interpretation

 

II
Sale, Exchange, Partition

General Powers and Regulations

   3   Powers to tenant for life to sell, etc

   4   Exchanges

   5   Powers of tenant for life

   6   Regulations respecting sale, exchange and partition

 

Special Powers

   7   Transfer of incumbrances on land sold, etc

 

III
Leases

General Powers and Regulations

   8   Power for tenant for life to lease for ordinary or building or mining purposes

   9   Leases

   10   Regulations respecting leases generally

 

Building and Mining Leases

   11   Regulations respecting building leases

   12   Regulations respecting mining leases

   13   Variation of building or mining lease according to circumstances of district

   14   Effect of grant for building purposes

   15   Part of mining rent to be set aside as capital

 

Special Powers

   16   Leasing powers for special objects

 

Surrenders

   17   Surrender and new grant of leases

 

IV
Sales, Leases, and other Dispositions

Streets and Open Spaces

   18   Dedication for streets open spaces, etc

 

Surface and Minerals Apart

   19   Separate dealing with surface and minerals with or without wayleaves, etc

 

Mortgage

   20   Mortgage for equality money, etc

   21   The raising of money

 

Undivided Share

   22   Concurrence in exercise of powers as to undivided shares

 

Conveyance

   23   Completion of sale, lease, etc, by conveyance

 

V
Investment or other Application of Capital Trust Money

   24   Capital money under Act; investment, etc, by trustees or Court

   25   Regulations respecting investment, devolution and income of securities, etc

   26   Investment in land in Jamaica

   27   Settlement of land purchased, taken in exchange, etc

 

Dealings as between Tenant for Life and the Estate

   28   Dealings as between tenant for life and the estate

 

VI
Improvements

Improvements with Capital Trust Money

   29   Description of improvements authorised by Act

   30   Approval by Court of scheme for improvement and payment thereon

   31   Concurrence in improvements

   32   Obligation on tenant for life and successors to maintain, insure, etc

   33   Payment out of Court of capital money

   34   Court may order payment for improvements executed

 

Execution and Repair of Improvements

   35   Protection as regards waste in execution and repair of improvements

 

Improvement of Land

   36   What included

 

VII.
Contracts

   37   Power for tenant for life to enter into contracts

 

VIII
Miscellaneous Provisions

   38   Application of money in Court under Lands Clauses Act and other enactments

   39   Application of money in hands of trustees under powers of settlement

   40   Application of money paid for lease for reversion

   41   Cutting and sale of timber and part of proceeds to be set aside

   42   Proceeding for protection or recovery of land settled or claimed to be settled

   43   Heirlooms

 

IX
Trustees

   44   Appointment of trustees by Court

   45   Trustees for the purposes of this Act

   46   New trustees appointed under the Trustee Act

   47   Number of trustees to act

   48   Trustees' receipts

   49   Protection of each trustee individually

   50   Protection of trustees generally

   51   Trustees' reimbursement

   52   Reference of differences to Court

   53   Notice to trustees

 

X
Court Procedure

   54   Regulations respecting payments into Court, applications, etc

   55   Payment of costs out of settled property

 

XI
Restrictions, Savings and General Provisions

   56   Powers not assignable, contract not to exercise powers void

      Definition of instrument creating settlement

   57   Prohibition or limitation against exercise of powers void

   58   Provision against forfeiture

   59   Tenant for life trustee for all parties interested

   60   General protection of purchasers, etc

   61   Exercise of powers, limitation of provisions, etc

   62   Saving for other powers

   63   Additional or larger powers by settlement

 

XII
Limited Owners Generally

   64   Enumeration of other limited owners to have powers of tenant for life

 

XIII
Infants; Married Women; Lunatics

   65   Infant absolutely entitled to be as tenant for life

   66   Tenant for life, infant

   67   Married woman how to be affected

   68   Tenant for life, lunatic

 

XIV
Settlement by Way of Trusts for Sale

   69   Provision for case of trust to sell and re-invest in land

 

XV
Powers of Administrator-General

   70   Administrator-General when appointed trustee to have all the powers of trustees under this Act

   71   Administrator-General not disqualified as trustee by reason of official interest

 

THE SETTLED LAND ACT

[Date of Commencement: 1st June, 1888]

Cap 355.

Law 43 of 1955.

Acts
33 of 1965,
6 of 1987,
32 of 1995.

1   Short title

   This Act may be cited as the Settled Land Act.

I
Interpretation

2   Interpretation

   (1) In this Act-

   a "building lease" is a lease for any building purpose or purposes connected therewith;

   "building purposes" includes, the erecting and the improving of, and the adding to, and the repairing of buildings;

   "the Court" means the Supreme Court;

   "fine" includes premium or fore-gift, and any payment, consideration, or benefit in the nature of a fine, premium, or fore-gift;

   "income" includes rents and profits;

   "land'' includes incorporeal hereditaments, also an undivided share in land;

   "mines and minerals" means mines and minerals whether already opened or in work or not, and include all minerals and substances (other than such minerals, mineral oil and substances as may be vested in the Crown) in, on, or under the land, obtainable by underground or by surface working;

a "mining lease" is a lease for any mining purposes or purposes connected therewith, and includes a grant or licence for any mining purposes;

   "mining purposes" includes the sinking and searching for, winning, working, getting, making merchantable, smelting or otherwise converting or working for the purposes of any manufacture, carrying away, and disposing of mines and minerals, in or under the settled land, or any other land and the erection of buildings, and the execution of engineering and other works suitable for those purposes;

   "payment in relation to rent'' includes delivery;

   "possession'' includes receipt of income

   "rent" includes yearly or other rent, and toll, duty, royalty, or other reservation, by the acre or the ton or otherwise;

   "securities" includes stocks. funds. and shares:

[43/1955 s 2.]

   "trust corporation" means a corporation declared to be a trust corporation for the purposes of the Judicature (Trust Corporations) Act;

   "will" includes codicil, and other testamentary instrument, and a writing in the nature of a will.

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