Conveyancing Manual 2021 2022 Secure-Unlocked

COUNCIL OF LEGAL EDUCATION
HUGH WOODING LAW SCHOOL
ACADEMIC YEAR 2021/2022
Year II
CONVEYANCING & REGISTRATION OF

TITLE
Course Director: Mrs. Nisha Mathura-Allahar
No part of this manual may be reproduced in any form or by any means, electronic, mechanical, photocopy or otherwise,
without the prior permission of the Council of Legal Education.
© Hugh Wooding Law School

Council of Legal Education
ACKNOWLEDGEMENT
Much thanks is due to Mrs. Deborah Mendez-Bowen,

Course Director, Conveyancing and Registration of Title until 2008 who
compiled the original worksheets for this course. A restructuring of the
course and subsequent updates were made by Mrs. Nisha Mathura-
Allahar, Course Director 2008 to present.
Conveyancing & Registration of Title – 2021/2022

Course Director-Mrs. Nisha Mathura-Allahar
INTRODUCTION
Welcome. It is my pleasure to provide you with the means to undertake any Conveyancing
transaction in your particular territory.
In the Caribbean, there is no harmonisation of land laws and systems of Conveyancing. Each
of the territories while they may have similar systems to each other they all have unique
characteristics and this is reflected in the practice of Conveyancing.
It is very important at the onset that you familiarize yourself with the land laws of your
territory. You must obtain a general understanding of the systems of Conveyancing in your
territory.
This manual takes you through from the beginning of a Conveyancing transaction which may
start with an agreement for sale and end with a deed of conveyance or a deed of mortgage.
I am here to guide you through this course imparting as much practical aspects of
Conveyancing as possible. At the end of the course, you should have a working knowledge of
the Conveyancing systems as practiced in your territory and you should be able to adapt any
precedent or form to suit your clients’ needs.
This is the eighth year that the course is being taught under the seminar method of teaching.
The seminars require you to be responsible for your learning. The Tutor is there to clarify,
facilitate and encourage learning in a comfortable environment. Your preparation for these
seminars is key to learning the most that you can.
This academic year is unique as we will not be meeting face to face in a Hugh Wooding Law
School classroom but the course will be delivered fully online at least for the first term. We
intend to use ZOOM and TWEN platforms at the school for the delivery of the course. I want
to encourage you to embrace the changes and to commit to doing your part in the delivery of
the course of study.
The practice of Conveyancing can be a rewarding part of this noble profession. I hope that
you will find this course stimulating, informative and enjoyable. Conveyancing is my passion.
I wish you not only success in this course but also success in the practice of law.
Nisha Mathura-Allahar
nisha.mathura-allahar@hwlsedu.com

ASSESSMENT
Assessment in this course consists of:-
(a) Three (3) written assignments during the academic year;
(b) One (1) final examination in the month of May of 2022.
STUDENT RESPONSIBILITIES
 Students are required to attend one seminar per week as set out in the academic
timetable.
 Students are responsible for monitoring any changes in the timetable which may occur
during the academic year.
 Students are also strongly advised to familiarise themselves with the relevant topic to
the seminar. This ensures that the students will receive the maximum benefit from the
seminar.
ASSISTANCE TO STUDENTS
The Course Director and Tutors:
 Teach seminars
 Answer questions posed by students during seminars
 Grade examination scripts and provide feedback from assignments
In addition, the Course Director is available to provide assistance either in person, or through
appointments made at the Administration Office via email. This year all meetings will be
facilitated online through G Suite platform using Google Meets.

THE AIMS AND OBJECTIVES OF THE COURSE ARE TO:
UNIT 1
1. Understand and apply the law, practice and systems of Conveyancing in the West
Indies.
2. Advise on a Contract/Agreement for Sale of land, including all preliminary and

completion matters.
3. Draft comprehensive contracts/agreements for sale.
UNIT 2
1 Deduce title to common law unregistered land both freeholds and leaseholds.
2. Make requisitions on title.
3. Advise on title.
UNIT 3
1. Apply basic legal letter writing skills to common Conveyancing correspondence in
practice.
2. Draft Conveyancing letters.
UNIT 4
1. Apply the knowledge of drafting different types of Deeds which occur in practice.
2. Understand the practice of your territory in the drafting of Deeds.
3. Use a precedent.
4. Understand and apply, execution, attestation, stamping and registration/recording of
Deeds.
UNIT 5
4

1. Understand the founding principles and theory of the Registration of Title system in the
West Indies.
2. Draft Registration of Title forms and applications.
3. Advise on registration of title transactions and applications.
UNIT 6
1. Understand the law of mortgages as it applies to the systems of Conveyancing.
2. Draft mortgages and related documents.
3. Advise on mortgages and enforcement of securities.
COURSE OUTLINE & TABLE OF CONTENTS

UNIT 1
The nature and systems of Conveyancing in the West Indies, the Contract/Agreement of land
and preliminary matters.
Pages
1.1 THE NATURE AND SYSTEM OF CONVEYANCING
IN THE WEST INDIES…………………………………………………………13
1.2 THE CONTRACT/AGREEMENT FOR SALE OF LAND AND

PRELIMINARY MATTERS……………………………………………………14
1.3 CONTRACT/AGREEMENT FOR SALE OF LAND…………………………..17
1.4 TAKING INSTRUCTIONS….………………………………………………….31
1.5 DRAFTING OF AGREEMENT FOR SALE OF LAND AND

PRECEDENTS…………………………………………………………………..34
1.6 THE COMPLETION OF THE CONTRACT FOR SALE………………………50
SEMINAR ACTIVITIES AND QUESTIONS..................................................54
UNIT 2
Title – Deducing and advising on title to unregistered land both freehold and leasehold.
2.1 INVESTIGATION OF TITLES………………………………………………….60
2.2 FREEHOLD TITLE………………………………………………………………60
2.3 TYPES OF TITLE………………………………………………………………..61
2.4 THE METHOD OF INVESTIGATING FREEHOLD TITLE……………….…..63
2.5 LEASEHOLD TITLE…………………………………………………………….70
2.6 NOTICE…………………………………………………………………………..79
2.7 BREACHES OF COVENANT…………………………………………………..80
2.8 NOTICE, SEARCHS FOR INCUMBRANCES AND COMPLETION…………81

6

2.9 SEARCHES FOR INCUMBRANCES…………………………………………..82
2.10 JUDGMENTS……………………………………………………………………84
2.11 PENDING ACTIONS/LIS PENDENS…………………………………………..85
2.12 APPORTIONMENT AND INTEREST………………………………………….86
2.13 MERGER OF THE CONTRACT IN THE CONVEYANCE……………………86
2.14 CAPACITY TO CONVEY……………………………………………………….87
SEMINAR ACTIVITY AND QUESTIONS ON CAPACITY ………….……94
UNIT 3
Letter writing for Conveyancing
3.1 BASIC LETTER WRITING PRINCIPLES……………………………………….99
3.2 PRECEDENTS OF COMMON CONVEYANCING LETTERS…………………101
SEMINAR ACTIVITIES AND QUESTIONS...................................................107
UNIT 4
Deeds – Drafting of all types of common law Deeds, the execution, attestation,
stamping and registration of Deeds
4.1 DRAFTING DEEDS……………………………………………………………….109

4.2 PARTS OF A DEED……………………………………………………………….113
4.3 BASIC PRECEDENTS OF DEED OF CONVEYANCES ON SALE……………122
4.4 ASSIGNMENTS AND OTHER TYPES OF DEEDS……………………………..131
SEMINAR ACTIVITIES AND QUESTIONS…………………………………..132
UNIT 5
Registration of Title System in the West Indies
7

5.1 REGISTRATION…………………………………………………………………...141
5.2 SALIENT FEATURES OF THE REGISTRATION OF TITLE

SYSTEM…………………………………………………………………………....142
5.3 INDEFEASIBLITY OF TITLE…………………………………………………..…150
5.4 APPLICATIONS TO BRING LANDS UNDER THE REGISTERED

SYSTEM AND VESTING ORDER……………………………………………..…155
5.5 RESTRAINTS ON DISPOSITIONS OR DEALINGS…………………………..…156
5.6 APPLICATION ON DEATH OF JOINT PROPRIETOR……………………….....157
5.7 TRANSMISSION…………………………………………………………………..159
5.8 APPLICATION FOR A LOST CERTIFICATE OF TITLE………………………..160
5.9 DEVELOPMENTS/SUB DIVISION……………………………………………….161
5.10 COMMON REGISTRATION OF TITLE QUERIES………………………………161
SEMINAR ACTIVITIES AND QUESTIONS…………………………………...163
UNIT 6
Mortgages – unregistered and registered land, freeholds and leaseholds
6.1 MORTGAGES OF UNREGISTERED LAND…………………………………….167
6.2 MORTGAGES OF REGISTERED LAND……………………………………...…168
6.3 PRELIMINARY MATTERS……………………………………………………….169
6.4 LEGAL MORTGAGES OF FREEHOLDS………………………………………...170
6.5 REGISTERED LAND MORTGAGES AND PRECEDENTS……………………..171
6.6 DRAFTING OF MORTGAGES AND PRECEDENTS

(COMMON LAW/UNREGISTERED CONVEYANCING)……………………….172
8

6.7 USUAL COVENANTS CONTAINED IN A MORTGAGE……………………….211
6.8 ENFORCEMENT OF SECURITY (COMMON LAW/UNREGISTERED

LAND)……………………………………………………………………………….212
6.9 ENFORCEMENT OF SECURITY (REGISTERED LAND)……………………….216
6.10 TYPES OF MORTGAGES DEEDS…………………………………………...……216
6.11 EQUITABLE MORTGAGES……………………………………………………….217
SEMINAR ACTIVITY AND QUESTIONS………………………………...……220

Gordon Street, St Augustine
COURSE MATERIAL
READING LIST
 J.T. Farrand, 4th ed.(1983) – Contract and Conveyance

 D.G. Barnsley, 2nd ed.(1982) – Barnsley’s Conveyancing Law and Practice
 Gibson’s Conveyancing, 21st ed.(1980)
 Emmet On Title, 19th ed.(1987)
 Cheshire and Burns Modern Law of Real Property, 14th ed.
 G. Kodilinye,4th ed.(2015)- Commonwealth Caribbean Property Law
 S. Owusu,1st ed.(2007 )- Commonwealth Caribbean Land Law
 T.B.F. Rouff,(1957)- An Englishman’s Looks at the Torrens System
 W.F. Cenac,-Coutume de Paris To 1988
 F. Ramsahoye – The Development of Land Law in British Guiana
LEGISLATION
Anguilla Registered Land Act RSA 2000 CL3, Law of Property Misc.
Provisions Act RSA 2000 CL25 and amendments CAP 234
Antigua & Barbuda: Registered Land Act, cap 374; Land Adjudication Act, CAP
234; Land Surveyors Act, CAP 239.
Barbados: Property Act, Cap.236; Land Registration Act, Cap.229; Land

(Adjudication of Rights) Act Cap.228A; Land Boundaries
Act, Cap. 228B.
Title by Proceedings Act 2011
Dominica: Conveyancing and Law of Property Act, 1975; Title by

Registration Act, Cap. 56:50; Title by Registration (New
Register) Act, No.16 of 1980.
10

Grenada: Conveyancing and Law of Property Act Cap 64
Guyana: Civil Law of Guyana, Cap.6:01; Deeds Registry Act, Cap.

5:01; Land Registry Act, Cap.5:02; Deeds Registry
(Amendment) Act 2014 Act No. 5 of 2014
St. Kitts and Nevis: Conveyancing and Law of Property Ordinance, Cap. 271;
Title. By Registration Act, Cap. 279.
St. Vincent and the The Common Law as received.

Grenadines
St. Lucia: The Civil Code (Relevant Parts); Civil Code Amendment Act,
(14/1984); The Land Registration Act,(2/1987); Land
Registration (Amendment) Act, (2/1987); Land Adjudication
Act, (11/1984); Land Surveyors Act, (13/1984); Land
Registration Amendment Act, (7/1986).
Trinidad & Tobago: Conveyancing and Law of Property Act, Ch.56:01; Real
Property Act, Ch. 56:02; Real Property Limitation Act,
Ch.56:03;
All Relevant Planning Legislation per territory

Other Statutes and Regulations as required.
PRECEDENTS  The Encyclopaedia of Forms and Precedents, London

Butterworths, 3rd, 4th and 5th editions.
 Forms for registered system are to be found at back of

relevant legislation.
 Kellys Draftsman
11

CONVEYANCING AND REGISTRATION
OF TITLE
YEAR II
UNIT 1
12

UNIT 1
1.1 THE NATURE AND SYSTEMS OF CONVEYANCING IN THE WEST INDIES
Reading: Farrand -3rd and 4th ed., Ch.3

Barnsley’s 3rd ed. Ch.5
Kodilinye Ch.1 and 13
Owusu Ch. 3 & 4
Definition- Conveyancing is the mode of transferring or assuring interests in property. It

involves the drafting of legal documents to give effect to all manner of dealings in property
whether it may be a conveyance, gift, partition, assent, mortgage, etc. It involves investigating
and advising on title to properties as well as advising parties to a conveyancing transaction on
their rights and obligations.
The Systems Of Conveyancing

As a result of our diverse history in the West Indies most territories may have more than one
system of conveyancing which coexists (happily or unhappily).
The systems are:
(a) Common Law System or unregistered conveyancing;
(b) Registration of Title System;
(c) Roman Dutch System (applicable only to Guyana).
SYSTEMS OF CONVEYANCING BY TERRITORY

Unregistered Conveyancing Registered Conveyancing
Antigua/Barbuda x
Barbados x x
Dominica x x
Grenada x
Guyana Roman Dutch x
St. Kitts and Nevis x x
St. Lucia X (A Hybrid System)
St. Vincent and the x
Grenadines
Trinidad & Tobago x x
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1.2 THE CONTRACT FOR SALE OF LAND & PRELIMINARY MATTERS
A Conveyancing transaction is made up of three stages:
1. Pre-Contract Stage- preliminary enquiries and searches are made.

2. Contract Stage- an enforceable contract is entered into.
3. Conveyance Stage-the assurance of the legal estate in the Purchaser.
This section will deal with Stages 1 and 2 above.

It is important that a holistic view be taken of any conveyancing transaction and while for
purposes of study the course is divided into different Units they can make up the whole of one
transaction. For e.g. An executed contract for sale will progress to investigations of title,
requisitions on title, the preparation of the conveyance, execution of same, stamping and then
registering of the Conveyance, preparation of mortgage, execution, stamping and registering of
Mortgage simultaneously if purchase monies for the property is being borrowed.
Overview of a Conveyancing Transaction from the taking of Instructions to Completion

 Taking of instructions in writing at first interview which should be signed by
clients ending in a retainer
 The preparation of the agreement for sale or conveyance
 Preliminary inquiries and searches
 Advising client on results of searches i.e. title
 Completion documents – are any documents required to complete a particular
type of conveyancing transaction in your territory - these will vary according to
the nature of the transaction, the law and practice of the territory – includes
source of funds, identification of parties etc. see Mungalsingh v Juman (2015)
UKPC 38
 The execution of the legal document
 The stamping of the conveyance
 The registration of the conveyance
 Obtaining the certified copy, certificate of title or transport
 Return of ownership
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OUTLINE OF A SIMPLE CONVEYANCING TRANSACTION
SELLER/VENDOR BUYER/PURCHASER
TAKE INSTRUCTIONS TAKE INSTRUCTIONS
PREPARE PRE-CONTRACT
PACKAGE
PRE-CONTRACT SEARCHES
AND ENQUIRIES
APPROVE DRAFT CONTRACT
EXECUTE CONTRACT
INVESTIGATE TITLE
PREPARE PURCHASE DEED
APPROVE PURCHASE DEED

PRE-COMPLETION
SEARCHES
PREPARE FOR COMPLETION PREPARE FOR COMPLETION
COMPLETION
POST-COMPLETION POST-COMPLETION MATTERS

MATTERS
The chart above shows the responsibilities of the parties’ attorneys-at-law stages of the
transactions and serves as a reminder of the various procedures which are involved and the
stages in the transaction at which they take place.
15

Students should note the duties of an attorney at law with respect to money laundering in the
area of conveyancing practice-See the legislation which deals with money laundering for your
territory.
Various types of conveyancing fraud and identity theft are also concerning matters –
Purrunsingh v A’Court & Co. (A Firm) and Another 2016 EW HC 789 (Ch).
Dreamver v Mischon de Reya 2018(C of A) UK
PRE-CONTRACT STAGE:
At this stage the Vendors vesting title is perused, preliminary enquiries and searches are made.
Preliminary enquiries and searches are made for the following reasons:
(a) to establish some factual basis to contracting and to ascertain what if any, special
conditions should be embodied in the proposed contract.
(b) to ascertain what are the statutory restrictions on the use and enjoyment of the property
under Planning Laws e.g. Town and Country Planning Act.
(c) to ascertain what instruments are registered and therefore constitute notice as regards the
status of answers by the Vendor to preliminary enquires.
Cases: Re Forsey and Hollebone’s Contract (1927) 2 Ch 379

De LaSalle v Guilford (1901) 2 KB 215,
Gilchester Properties v Gomm (1948) 1 All ER 493
Hill v Harris (1965) 2 QB 601
Leyland and Taylor’s Contract (1900) 2 Ch. 625
Pre-Contract Enquiries
The rule of caveat emptor applies as the Vendor is under no duty to disclose material facts to
prospective purchaser.
Exceptions:
1. Fiduciary relationships e.g. Attorney/Client, Trustee/Beneficiary.
2. Positive representation is distorted.
16

3. Vendor is under a duty to disclose latent defects in title but note not patent defect
PRE-CONTRACT ENQUIRES
Preliminary Enquires of the Vendor:
1) There is no binding obligation to answer preliminary inquiries or to prove title before
contract.
2) An answer to a question before contract will be deemed a representation.
They do not form part of the contract and cannot give rise to breach of contract.
Exceptions:
1. A statement made in the course of negotiations inducing the contract-
MISREPRESENTATION.
2. A promise forming part of the contract, moving from the person making the statement
– COLLATERAL WARRANTY.
Planning Approvals:
These are not matter of title enabling the Purchaser to rescind the contract.
See relevant planning legislation for each territory:
1. compliance
2. system of conveyance
3. limitation periods
Inspection of the Property:

1. physical condition
2. boundaries
3. patent defects e.g.
(a) access
(b) adverse possessors
1.3 CONTRACT FOR THE SALE OF LAND

The Contract for the sale of land must be in writing see WI equivalent of S4 Statute of Frands
1677 (UK) S40 LPA 1925 (UK)
Antigua - No 17 of 1975 S 37 (2)
Trinidad & Tobago - Ch. 56:01 Ss - 4, 7
17

Barbados - Property Act 1979 Cap. 236 S 47, S 54
St. Lucia - S 37(2) Cap 5:01
Ch. 242 Art 917A, 918, 923, 957
Art 1967
Dominica - Ch. 54:01 S 4, 7
Grenada - Cap 273
Guyana - Cap 6:01 S 3 (IV)
St Kitts and - Cap. 10:04 S 4, 7
Nevis, Anguilla
St Vincent and - Received by Cap. 8, S5
the Grenadines
Cases: Baldeo v Singh (1961) British Guiana Rep. 149

Elias v George Sahely & Co. (Barbados) BB 1982 PC 2
Monnickendam v Leanse (1923) 39 TLR 445
CONTRACT FOR THE SALE OF LAND

S40 Law Property Act 1925 (UK) see also s4 Statute of Frauds 1967 (UK)
“No action may be brought upon any contract for the sale…Unless the Agreement…or some
memorandum is in writing…signed by the party to be changed…”
1. This is an evidential section.
2. It governs enforceability of the contract not validity.
3. It does not affect the law relating to formation of the contract.
4. This section pre supposes the existence of a concluded agreement between the parties.
Standard Form of Memorandum:

N.B. The Commonest memoranda found to satisfy the section have been receipts for deposits.
(a) Name and Description of Parties
Potter V Duffield (1874) LR 18 Eq. 4
(b) Property to be described
Timmins v. Moreland Street Pty Co. Ltd. (1958) Ch. 110
(c) Consideration
Smith v. Jones [1952] 2 All ER 907
18

(d) Terms of the Contract
Hawkins v. Price (1947) Ch. 645
Tweddlel v. Henderson (1975) 2 All ER 1096
(e) Existence of the Contract

Tiverton Estates Ltd. v. Wearwell Ltd (1974) 1 All ER 209
Chillingworth v Esche (1924) 1Ch 97
(f) Signature of Party to be charged

New Hart Builders Ltd. v. Brindley (1975) 1 All ER 1007
Rosenbaum v. Belson (1900) 2 Ch.
STANDARD FORM OF MEMORANDUM

a. Vendor and Purchaser must be identifiable.
b. Property should be adequately described and capable of being identified.
c. Consideration stated or there is a means of ascertaining it.
d. Documents “subject to contract” cannot constitute a sufficient memo - see
Tiverton Estates Ltd v Wearwell Ltd.
e. Document must be signed by the party to be charged cf a formal contract for sale of
land which is signed by both parties.
Case: Seechan v F.C.B 2001 Hct TT no. CV 696 of 1998 (unreported)
FORM OF MEMORANDUM
1. The written memo need not be formal.
“Received from Tom Brown the sum of $20,000 being ten
percent deposit of purchase price for property situate at 2
Knoxville comprising 5,000 superficial feet
signed
Alex Wright”
2. Several documents may be read together to form a memorandum for e.g. a series of
letters or a series of emails.
NOTE: Exchange of contracts does not apply to West Indian territories.
19

EXCEPTIONS TO S 40
Non Compliance with S40 LPA (1925) UK
Low V Fry (1931)152 LT 585, [1935] All ER 506.
NON-COMPLIANCE WITH S40

1. Contract is unenforceable by action.
2. To benefit from the section, a defendant must specifically pleas it in his defence.
3. Onus is on the defendant to please the section.
4. Oral contract may be enforced by means other than action.
See Monickendam v Leanse.
Emails – J. Pereira Fernandez SA v Metha 2 ALL ER 891 (2006)
TRINIDAD AND TOBAGO – Note proposed changes by Miscellaneous Provisions Act No.
17 of 2000
DOCTRINE OF PART PERFORMANCE-An oral contract for sale of land or one not
adequately evidenced in writing may be enforced under the doctrine of part performance.
Maddison v. Alderson (1883) 8 App. C 467

Steadman v. Steadman (1974) Q.B. 161
Wakeham v. Mackenzie (1968) 1 WLR 1175
Delaney v. T P Smith Ltd. (1946) KB 393
Broughton v. Snook (1938) 1 All ER 411
Rawlinson v. Ames (1925) Ch. 96
Chaponiere v. Lambert (1917) 2 Ch. 356
Ex p. Foster, Re. Foster (1883) 22 Ch. D 797
Jackman v Jones BB 1987 HC 22
Consider: What are the dangers of informal Contracts?
PART PERFORMANCE
Equity will not allow a statute to be used as an instrument of fraud.
1. The act must be exclusively referable to the contract.
2. Part performance must be by the party by seeking to enforce the contract.
20

3. Terms of the Contract must be certain.
4. Contract must be oral.
No equally effective remedy must be available.

All equitable rules apply – parties must come with clean hands etc.
Sales by the Court
TYPES OF CONTRACT FOR SALE OF LAND
Readings : Conveyancing - 21st Ed Gibson Chap6, 7 - 8

Contract and Conveyancing - 4th Ed. J.T. Farrand Chaps. 4, 9, 12
Conveyancing Law & Practice 3rd Ed. Barnsley, Chap.21
The Law Quarterly Review Vol 107 534
The Law Quarterly Review Vol 106 36
Broadly speaking there are two kinds of contract for the sale of land - the "open" and the
"formal”. The type of contract regulates the rights and obligations of the parties.
1. The Open Contract is a bare agreement which expressly provides for nothing
beyond (a) the name of the parties, (b) the purchase price or other consideration - may be
money, an exchange of land or even love and affection as in a deed of gift; and (c) a
description of the property. In most cases the contract is an open one when the parties make
their own agreement without consulting a conveyancer or other legal practitioner.
The rights and obligations of the parties under an open contract are regulated by (a) case law
(b) the property statutes of the several territories and (c) the practice of conveyancers.
The Vendor must:
(i) Show that he has good title (or a marketable title) to the land he has agreed to sell and
that he can convey, or has the power to procure the conveyance of, the whole of the
legal and equitable estate in the land free from encumbrances.
21

(ii) Prepare and deliver to the purchaser an abstract of title commencing with a good root
of title. This will be explained in the part of the course on investigation of title. Note
practice in Trinidad and Tobago is different. See Chaitlal v Ramlal 2003 UKPC 12.
(iii) Produce his original title deeds to the purchaser who will then compare these with
those mentioned in the abstract. In Trinidad & Tobago and St Vincent and the
Grenadines however, by virtue of the provisions of the Registration of Deeds Act
Chap 19:06, original deeds are kept at the Registrar General's Office, so copies are
usually produced.
(iv) Identify the property by proving that the land being sold is what is described in
the contract and in the abstract. Applies to Guyana.
(v) Execute a conveyance/transfer/documents to effect transport of the property, hand

over the title deeds to the purchaser(where applicable) and deliver up vacant
possession to the purchaser. The purchaser must pay the purchase price - his only
obligation under an open contract.
GUYANA – (i), (ii) and (iii) DOES NOT APPLY TO GUYANA. In Guyana all searches
in both systems are carried out pre-contract.
Note-Everything required to be done under an open contract must be done within a reasonable
time - no time being fixed by law or practice for doing of any of the above mentioned things.
2. The Formal Contract: As nearly all the obligations under an open contract are on the
part of the vendor, it is usual and desirable, from the vendor's point of view, for a formal
contract to be drawn setting out and regulating the rights and obligations of the parties. The
formal contract is divided into two main parts:
(i) The particulars of sale describing the property and the estate or interest to be
transferred.
(ii) The condition of sale setting out the terms and conditions subject to which the
property is being transferred.
Case: Colby v Felix Enterprises Ltd & Anor 2011 CCJ 10 CCJ App. No. 7 of 2010, (2011)
79 WIR 113.
Under the formal contract the parties may agree, for example:
(a) to shorten the length of the title to be shown;
22

(b) to fix a date for delivery of the abstract and for completion;
(c) to provide for recission;
(d) to make time of the essence of the contract.
The document should be stamped with the appropriate stamp duty (where applicable) and
executed by the both parties. The original should be kept by the purchaser and the duplicate
by the vendor (not applicable in Trinidad & Tobago and St. Vincent and the Grenadines).
NOTE: There is no exchange of contract in the West Indies as in England.
Trinidad and Tobago students are required to be aware of the changes brought about by the
Miscellaneous Provisions (Registrar General, Registration of Deeds, Conveyancing and
Law of Property, Real Property, Stamp Duty and registration of Title to Land) Act, 2020.
Additional material on this Topic will be provided on TWEN.
DEPOSITS
Lord Mac Naughten in the case of Soper v. Arnold (1889) 14 AC 429stated:
"The Deposit serves two purposes - if the purchase is carried out, it goes against the
purchase money - but its primary purpose is that - it is a guarantee that the purchaser means
business.”
DEPOSIT
Amount of Deposit - usually 10%
Penalty - If more than 10% paid theVendor has to show special circumstances to justify
forfeiting more than 10% of the deposit.
* Workers Trust v Dojab Ltd (1993) 2 All ER 370
Cases: Bidaisee v Sampath TT 1995 PC 1

Pompey v Mahadeo (2002) 61 WIR 293, Civ App No 99 of 2000
Cf Recovery of unpaid deposit
Qu. Does a deposit of 10% adequately quantify loss in cases of non-
completion?
Payment of Deposit- Note once deposit is paid the Purchaser possesses a lien on the
Vendor’s property.
(a) To the Vendor
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PAYMENT OF THE DEPOSIT TO THE VENDOR
1. He holds it for his own benefit.
2. He is personally liable for it.
3. Unless otherwise states, he is entitled to the interest on deposit.
(b) To Stakeholder/Auctioneer
Cases: Skinner v. Trustee of Property of Reed (1967) Ch. 1194

Rowe v. May (1854) 18 Beav 613
Elias v George Sahely and Co. Barbados Ltd. BB 1982 PC 2
PAYMENT OF DEPOSIT TO STAKEHOLDER/AUCTIONEER

1. He receives it on behalf of both parties.
2. He is entitled to the interest on the deposit as this is his stake.
3. In the event of premature payment to a party not entitled, he is liable to the party
entitled to the deposit.
4. If a dispute arises on an incomplete sale, he should await the outcome before

paying over the deposit.
5. If the deposit is not recoverable front the stakeholder, the loss is borne by the
Vendor when the Contract is concluded.
Note: When drafting contracts for sale of land certain clauses may be implied by the use of
the term “as stakeholder”. The better practice is to include express stakeholder clauses in
the contract so that all parties are clear on their rights and obligations.
(c) To the Vendor's Agent/Attorney
Cases: Hall v Burnell (1911) 2 Ch 551 at 554

Ellis v Goulton (1893) 1 QB 350
Edgell v Day (1865) LR 1 CP 80
24

PAYMENT OF DEPOSIT
TO THE VENDOR’S AGENT/ATTORNEY

1. The Agent is accountable to the Vendor for the interest earned. See Edgell v Day.
2. Any action by the Purchaser to recover the deposit must be brought against the
Vendor.
Question:
What is the position where the Attorney at law may be acting for both parties?
Powers of Attorney- Where parties are abroad or are unable to act they may appoint an
attorney to act on their behalf. The attorney simply acts on behalf of the principal and is
not made a party to the agreement in his personal capacity .Powers of Attorney must be
done by Deed.
(d) To the Estate Agent
Cases: Ryan v Pilkington (1959) 1 ALL ER 689

Barrington v Lee (1971) 3 ALL ER 1231
Sorrell v Finch (1976) 2 ALL ER 37
PAYMENT OF DEPOSIT TO ESTATE AGENT

1. An Estate Agent is an agent of the Vendor and in general only to find a purchaser.
2. If the deposit is paid to him and he signs a receipt “as Agent”, he is bound to pay
the deposit to the principal on demand.
3. Agent is accountable to the Vendor for any interest earned.

4. Any action to recover the deposit must be brought against the Vendor/Principal.
FORFEITURE OF DEPOSIT BY THE VENDOR

Case: Howe v Smith (1884) 27 Ch D89
25

FORFEITURE OF DEPOSIT BY VENDOR
1. If the Purchaser fails to complete the sale the Vendor has the right to forfeit the
deposit although there is no express stipulation to that effect. See Hall v Burnell of
a contract that provides for instalments.
2. The right to forfeit arises as soon as the Purchaser is in default e.g. time if of the
essence.
3. The Vendor must be ready, will and able to complete.
Recovery of the Deposit by the Purchaser.
Cases: Chillingworth v Esche [1924]1Ch 97

Monnickendam v Leanse (1923) 39 TLR 445
Worker's Trust and Merchant Bk. v Dojap Investments Ltd.
(1993) 2 All ER 370
RECOVERY OF DEPOSIT BY PURCHASER

1. Where an agreement is made “subject to Contract” and a deposit paid.
2. Default by the Vendor to perform his part or a condition of the contract.
e.g. (a) defective title.
(b) unreasonable delay.
(c) misrepresentation or non-disclosure.
(d) planning approval.
3. Without fault, where the contract gives the Purchaser special power to rescind.
MISREPRESENTATION
A Misrepresentation induces the party to enter into the contract so it therefore must be
made before the contract. There is no remedy until the contract is concluded. The remedy
will be lost if the misrepresentation becomes a term of the contract.
 Antigua - Misrepresentation Act No. 7/1992

 Trinidad and Tobago - Misrepresentation Act Chap 82:35.
26

Essentials of Misrepresentation
A misrepresentation to have legal effect, must be a false statement by one party of some
material fact which has induced the other party to enter into the contract.
Generally speaking misrepresentation consists of an active statement or suggestion of the

false but non-disclosure of known facts may also amount to misrepresentation.
1. Where a statement was true when made but is falsified by later events which come
to the notice of the representor, he must correct the false impression.
2. A statement may be literally true but yet amount to a misrepresentation, if the

person making it omits some material fact which makes the statement misleading
or only a half-truth.
Dimmott v Hallett (1866), 2 Ch. App 21
3. Whenever there is a fiduciary relationship - where one party naturally reposes

confidence in the other, so that the other acquires influence, then the abuse of that
confidence or the obtaining of an advantage by exerting influence is treated by
equity as constructive fraud and any resulting contract or disposition may be set
aside.
Hedley Bryne v Heller (1964) AC 465
Esso Petroleum v Mardon (1976) 2 WLR 583
It must be proved that the representation was addressed to the party misled, or to a class of
parties to which he belongs. The right to rescind does not run with the land so that the
right to rescind is barred if the person misled conveys to a third party.
Gross v Lewis Hillman Ltd (1970) Ch. 455

(1969) 3 ALL ER 1476
Note- Recission is an equitable remedy so that all rules of equity apply and all delay must
be accounted for.
Bars to Recission for Misrepresentation:

(1) Affirmation of the contract - where the victim of the misrepresentation, having
discovered the true facts, evinces an intention to continue with the contract.
27

(2) Impossibility of restitution in integrum - A contract cannot be rescinded unless
it is possible to restore the parties substantially to their original position. However
the Court may order recission on the terms that the Purchaser pay compensation.
(3) Intervention of third party rights - The right to rescind is a mere equity and is
therefore defeated a purchaser for value of any interest in the property, legal or
equitable without notice of the right.
Misrepresentation by Agent:
The Principal and Agent are one, therefore misrepresentation by an agent will have the
same effect as if it were made by the principal, even though made without his knowledge
or approval and whether made for the principal's benefit or not.
Lloyd v Grace Smith & Co. (1912) AC 716

Fazal v Annamanthadoo (1991) 48 WIR 150 (Guy.)
Exclusion Clauses:
Any contract containing a term excluding or restricting any liability or any remedy for
misrepresentation is ineffective except in so far as the person relying on it can show that it
is fair and reasonable. See legislation.
Puffing Cases:
The law expects that a Vendor or his agent will ordinarily describe the property in glowing
terms but he must stop short of direct mis-statements as to matters of fact calculated to
induce buyers not knowing the property to purchase it.
See Texts for examples of "Puffing"
NON DISCLOSURE
Cases:
Yandle & Sons v Sutton 1922, 2 Ch. 199 at 210
Bell v Lever Bros. 1932, AC 161 at 227
Shepherd v Croft (1911), 1 Ch. 521
Re Leyland v Taylor (1900) 2 Ch. 625
See also the provisions in Ch 242 for St Lucia
Non-disclosure arises where there is a mistake in the particulars because some material
28

fact is omitted. Not every non-disclosure will amount to a breach of contract as a Vendor
is not under a duty to disclose every matter concerning his property.
MISDESCRIPTION
Cases:
Flight v Booth (1834) 1 Bing NC 370
Watson v Burton (1957), 1 WLR 19
Re Fawcett & Holmes Contract (1889), 42 Ch. D150
Jacobs v Revell (1990) 2 Ch. 858
Salisbury v Diasb (1963) 5 WIR 497
Yassin v Egerton (1959) 1 WIR 493
Re Weston and Thomas Contract (1907) 1 Ch.D 244
St. Lucia – ART, 1432, 1438 and 1441of the Civil Code
MISDESCRIPTION
1. Vendor is unable to convey property corresponding exactly to that described in the
contract.
e.g. (a) mistake as to quantum.
(b) mistake as to Vendor’s interest.
2. It involves a breach of contract by the Vendor.
3. Misdescription must be a statement which purports to be of fact.
EFFECT OF MISDESCRIPTION
Substantial Misdescription.
Test – “So far affecting the subject matter of the contract….it may be reasonably
supposed that but for such misdescription, the Purchaser would never have entered
into the contract. See Flight v Booth.
1. Vendor unable to enforce the contract even with an abatement in price.

2. It is one of fact depending on the circumstances of each particular case.
29

INSUBSTANTIAL MISDESCRIPTION
1. The Vendor will be able to enforce the contract with abatement in price.
See Jacobs v Revell.
2. The Purchaser’s position is stronger than the Vendor’s.
3. The Purchaser must make a claim before completion unless misdescription was
not discoverable before completion.
4. After completion the Purchaser can sue on implied covenants for title.
5. If misdescription is against the Vendor, he cannot claim compensation.
CONDITIONS OF SALE
1. “No misdescription shall annul the sales”.
2. The Purchaser shall not be entitles to compensation for any misdescription.
In above cases where misdescription is substantial Vendor cannot enforce the

contract.
REMEDIES
1. Common law remedies.
2. Where misrepresentation became a misdescription the Purchaser is restricted to his
remedies for the misdescription.
3. Misrepresentation Act – provides that…..a contract may be rescinded…for

misrepresentation n/w/s/ that the misrepresentation becomes a term of the contract.
4. The purchaser may pursue both misrepresentation and misdescription.
30

1.4 TAKING INSTRUCTIONS
The purpose of taking instructions is for the attorney-at-law to obtain from his client
sufficient information to enable him to carry out the whole of the clients’ transaction, not
just to enable him to take the first or next step in that transaction.
From time to time, the clients’ further instructions will be needed. However, obtaining as
much information as possible in one interview at the commencement of the transaction
will save time (both the clients time and that of the attorney-at-law) and will enable the
attorney-at-law to obtain a full picture of the transaction and thus to advise the client fully
and correctly.
If full instructions are not taken then it may cause the attorney-at-law to overlook
important matters and considerations.
The importance of obtaining proper evidence of the identity of your clients/parties to a

transaction cannot be overstressed. Money laundering and fraud of all types are on the
increase and in fact legislation now requires attorneys-at-law in many territories to play
their part in combatting this type of criminal activity.
Always consider if special other clauses need to be included in the agreement to cater for
the system of conveyancing or whether there is freehold, leasehold or absolute ownership
that is being sold.
31

SPECIMEN INSTRUCTION FORMS
DEED OF _______________
MEMO OF ______________ DATE:______________
FIRST PARTY SECOND PARTY

NAME(S) _________________________ NAME(S) _________________________
__________________________________ __________________________________
__________________________________ __________________________________
ADDRESS(ES) _____________________ ADDRESS(ES) _____________________
__________________________________ __________________________________
__________________________________ __________________________________
CONTACTS:_______________________ CONTACTS:_______________________
REMARKS: REMARKS:
COMPLETION
COST OF:_________________________
DOCUMENTS:_________________________
Stamp Duty: _______________________ Land Tax: _____________________________
Registration: _______________________ Water Rates: ___________________________
Affidavit: WASA Clearance: _______________________
Electricity: _____________________________
__________________________ Plan:__________________________________
Return & Certified Copy: _____________ Other:_________________________________
DATE_____________________________
THESE ARE MY INSTRUCTIONS:
Searches: __________________________
Misc:____________________________
Attorneys DATE: ________________________________
Fee:_______________________
SIGNATURE:____________________________
Vat:_______________________
32

AGREEMENT FOR SALE
DATE:_____________________
FIRST PARTY SECOND PARTY
NAME(S) _________________________ NAME(S)

__________________________________ _______________________________________
__________________________________ _______________________________________
ADDRESS(ES) ADDRESS(ES)
_________________________________ _______________________________________
_________________________________ _______________________________________
CONTACTS:_______________________ CONTACTS:___________________________
REMARKS:
COST OF:
ALL Fees:_________________________
VAT: _____________________________
MISC: ____________________________
33

1.5 DRAFTING OF AGREEMENTS FOR SALE OF LAND AND
PRECEDENTS
SOME POINTS WHICH SHOULD BE BORNE IN MIND BY THE

CONVEYANCER ON THE SALE OF FREEHOLD PROPERTY
1. THE PURCHASER(S)
(1) Full name, including middle name; private (and business) address;
occupation; phone no. proper identification.
(2) Married Women? Name and address of her husband.
(3) To whom is the property to be conveyed? The purchaser alone or to him

and other persons as joint tenants or tenants in common. Remember that in
the West Indies tenants in common can hold a legal estate in land. Is a trust
or settlement to be created etc.?
(4) Is the purchaser a corporation/firm or a minor? Make enquiries as to

capacity to hold land. Alien?
(5) Is there a fiduciary relationship between the vendor and purchaser, e.g.
attorney and client?
2. THE VENDOR(S)
(1) Same as (1) in 1 above
(2) Same as (2) in 1 above
(3) Is vendor ill or proposes to go abroad? If so, ensure that he appoints an

attorney to execute conveyance and so avoid delay in completion.
(4) Is vendor conveying in any special capacity e.g. as beneficial owner or a

personal representative, mortgagee, trustee, tenant for life etc?
34

6. THE PROPERTY
(1) Description: Situation, Identity, Area, Frontage, Depth, Any buildings

thereon? Boundaries, Is it being conveyed by reference to a plan or by
description of boundaries. Survey desired?
(2) User: How was property being used during vendor’s ownership? Are
there any existing restrictive covenants affecting the property? For what
purpose does purchaser require to use the property? Is the vendor imposing
any new restrictive covenants? Find out about Planning control affecting the
property before the contract is entered into.
(3) Right of access required? The purchaser’s attorney must know from his
client whether a right of way is required by him. If there is no contract to
grant a way, the vendor need not deduce a title to one (Curling v. Austin
(1862) 10 W.R. 682) unless the land is landlocked (Denne v Light 26 LJ. Ch.
459). Bear this point in mind when an estate is being split up. Is the vendor
reserving to himself a right way over property being sold?
(4) Existing easements to which property is subject? Tenancies? Are there any
tenants on property protected by Rent Restriction legislation? Any
insurances on property? How would the insurance money be applied if the
property destroyed after contract but before completion?
(5) Utilities, Rates and Taxes.

(6) Mines and Minerals excluded?
(7) Inspection: Whenever possible the property itself should be inspected by

or on behalf of the purchaser before the contract for sale is approved. Look
for quasi-easements, and signs of occupation by a third party – see Hunt v
Luck (1902) 1 Ch. 428. Ascertain whether there are fences, party walls,
roadways etc. that the purchaser may be liable to maintain or repair. Enquire
about subsidence, dry rot, termites etc. – these may be patent defects. Look
out for nuisances which may affect the property.
35

7. IS SALE BY AUCTION OR THROUGH REAL ESTATE AGENTS?
8. CONSIDERATION:
What is the purchase price; is it a gift; or in consideration of marriage? Is payment
to take place by instalments? Is part of purchase price to be left on mortgage? Is a
valuation of the property needed?
9. FIXTURES/GOODWILL/FURNITURE:
Find out about these. The Vendor should warrant that these are free from an liens or
encumbrances unless there is an agreement to the contrary.
10. DEPOSIT:
What amount? Normally a 10% deposit is required to guarantee that the purchaser
means business. Read the learning on deposits and note the following:
11. The nature and object of a deposit: See Howe v Smith (1884) 27 Ch. D.89 at 98;
Soper v Arnold (1889) 14 Ap. Cas. 429 at 435; Chillingworth v Esche 1924 1 Ch.
97. And distinguish a deposit from a mere payment on account.
12. The capacity of deposit holder when the deposit is paid to a third party: Ellis v
Goulton; Edgell v Day (1865) L.R. 1 C.P. 80.
13. Forfeiture and recovery of deposit: Sorrell v Finch 1977 App. Cas. 728.
4. The position when the deposit is lost or misappropriated by the deposit holder.
In such a case it may be necessary to distinguish between the position when
(i) there is a binding contract between the parties and (ii) there is no binding
contract (e.g. in agreement made “subject to contract”): See Sorrell v Finch
(1976) 2 A.E.R. 371.
8. THE TITLE:
When, and by what document title shall commence, or in other words, what
document shall form the root of title? Will there be any special provision in the
contract restricting the length of title?
36

Where are the title deeds? They should at some stage be inspected. (In Trinidad &
Tobago and St Vincent & the Grenadines the original title deeds are kept at the
Registrar’s office, but this is not so in other territories). The vendor’s attorney
usually prepares an Abstract of Title or a list of documents and events relating to
title.
Who will have custody of the title deed on completion? As a general rule, when the
vendor is selling all the property mentioned in the title deeds, these deeds must be
handed over to the purchaser. But if he is selling only a part of the property he (the
vendor) is entitled to retain them. In the latter case a covenant or undertaking by the
vendor for safe custody and production of the title deeds should be inserted in the
conveyance, but this is not necessary in Trinidad & Tobago and St. Vincent & the
Grenadines as the original documents are kept at the Deeds Registry.
9. EXISTING MORTGAGES AND CHARGES:

Is the property now subject to any mortgage or charge? If so does the purchaser
wish to take over the loan? In such a case the mortgagee need not join in the
conveyance of the property which will then be conveyed subject to the mortgage.
If the purchaser does not wish to take over the loan, then the property will have to be
conveyed and released either in a conveyance or by the mortgagee joining in (or
being made a party to) the conveyance to the purchaser. In such a case, will the
whole or any of the purchase money be paid to the mortgage? What is the exact
amount, with interest, due to date? There may be a need for settlement letters or
redemption statements as well as a Deed of Release and Reconveyance.
10. COMPLETION:
Date of completion? This is usually 90 days or 120 days it is entirely up to the
parties to fix the time for completion. Is time to be the essence of the contract?
11. POSSESSION:
Will vacant possession be given on completion? Will possession be given before
completion? Will vendor remain in possession for some time after completion?
Keys?
37

12. PREVIOUS DISPUTES:
Have there been any previous disputes over title to the property? You must ensure
that “a law suite” is not being purchased.
13. FEES:
14. RECORDING/REGISTRATION:
Under the Common Law Systems an Agreement for Sale can be recorded or
registered. The practice is usually not done unless there is a fear that one of the
parties may not honour their commitment.
Under the Registration of Title Systems-Agreements for Sale are not registrable ( an
equitable interest) but the parties especially the Purchaser can be protected by the
filing of a caveat/caution or stay of registration.
In Guyana in the Roman Dutch System the Deed Registry (Amendment) Act 2014
provides for the lodgement of a prohibition by the Purchaser to protect his
contractual interest
38

SIMPLE FORM OF AGREEMENT FOR SALE
OF FREEHOLD IN FEE SIMPLE
BY ABSOLUTE OWNER
(Unregistered Title)
AN AGREEMENT made the …...... day of …......, 19….. between ARTHUR BELL
CHIN of No. 16 Browne Street in the City of Atlas in (name of Country) Civil engineer
(hereinafter called the VENDOR) of the ONE part and DAVID ERIC FARMER of No. 20
Grey Street in the City of Atlas aforesaid, Chemist (hereinafter called the PURCHASER) of
the OTHER part.
WHEREBY IT IS AGREED as follows:
1. The Vendor will sell and the Purchaser will buy the unencumbered fee simple in
possession of ALL THAT piece or parcel of land (hereinafter referred to as the
property) situate at Bamboo Village in the parish of Saint George in (name of
country) the particulars whereof are comprised in the Schedule hereto.
2. The price shall be TWO HUNDRED THOUSAND DOLLARS ($200,000.00) of

which the sum of TWENTY THOUSAND DOLLARS ($20,000.00) by way of
deposit is now paid (the receipt whereof the Vendor hereby acknowledges) and the
balance shall be paid on the date fixed for completion.
3. The title an abstract whereof shall within seven days from the date hereof be
delivered to the Purchaser shall commence with a deed/indenture, dated 9th day of
January, 1912 being a conveyance on sale of the property made between Celia
Radgmen of the One Part and Beulah Ali of the Other Part and registered/recorded
in the Deeds and Land Registry/Registrar General’s Office in Liber at Folios
123/125 as No. 182 of 1912.
4. (Provisions as to requisitions and objections)
5. (Restrictions on requisitions and objections etc.)
39

6. The completion of the purchase and payment of the balance of the purchase money
shall take place on the ….... day of December 19 …. at the office at No. 5 Court
Street in the said City of Atlas of Messrs. Rice, Rice and Flour the Vendor’s
Attorneys.
7. (Provision for possession)
(Add or insert any other conditions or provisions required)
AS WITNESS OUR HANDS (OR, in WITNESS WHEREOF the parties hereto have
hereunto set their hands) the day and year first hereinabove written.
THE SCHEDULE
(Describe property)
SIGNED by the Vendor )

in the presence of: )
Newly Cumm ) A.B. Chin
Law Clerk )
No. 5 Court Street )
Atlas )
SIGNED by the Purchaser )

Newly Cumm ) David E. Farmer
Law Clerk )
No. 5 Court Street )
Atlas
40

AG
REEMENT FOR SALE – TRINIDAD & TOBAGO
This Agreement was prepared by me,

……………………………………..
Attorney-at-Law,
(Address and contact details of
preparing Attorney)
THIS AGREEMENT IS MADE this day of

in the Year of Our Lord Two Thousand and Seven Between-------------------
------ (hereinafter called “the Vendor”) of the One Part and -------------------------- a
Company duly registered under the Companies Act 1995 of the Laws of Trinidad and
Tobago having its registered office at ------------------------in the Island of Trinidad
(hereinafter called “the Purchaser”) of the Other Part.
WHEREAS the Vendor is seised and possessed free from encumbrances of the
parcel of land described in the Schedule hereto (hereinafter called “the said parcel of
land”) and has agreed with the Purchaser to sell to it the said parcel of land in manner
hereinafter appearing.
WHEREBY IT IS AGREED as follows:

1. The Vendor shall sell and the Purchaser shall buy the said parcel of land free from
all encumbrances subject to all restrictions and stipulations, if any, set out in the
Vendors’ title deed.
2. The purchase consideration shall be the sum of SIX HUNDRED AND FIFTY
THOUSAND DOLLARS ($650,000.00) whereof the sum of SIXTY FIVE
THOUSAND DOLLARS ($65,000.00) is now paid by the Purchaser to the
41

Vendor by way of deposit on account of the purchase price(the receipt of which
sum the said Vendor hereby acknowledges).
3. The balance of the purchase price being the sum of FIVE HUNDRED AND
EIGHTY FIVE THOUSAND DOLLARS ($585,00.00) shall be paid by the
Purchaser to the Vendor on or before the expiration of ONE HUNDRED AND
TWENTY DAYS (120 DAYS) from the date of this Agreement with time being
of the essence (hereinafter called “the Completion Date”) whereupon the
transaction shall be completed by the Vendor executing a proper assurance of the
said parcel of land in favour of the Purchaser or whomsoever it shall appoint.
4. The Vendor warrants that there is a good marketable title to the said parcel of land
but shall not be under any obligation to furnish any abstract of title to the
Purchaser.
5. The sale shall be subject to the title being in order and the said parcel of land shall
be sold with vacant possession free from all encumbrances’ liens charges rates
and taxes whatsoever including the Vendor providing up to date receipt for land
and building taxes in its name as well as an up to date W.A.S.A. Clearance.
6. Subject to the Vendor performing her obligations hereunder should the Purchaser
fail to pay the balance of the purchase price in accordance with the provisions of
Clause 3 above such failure on the part of the Purchaser shall be deemed to be a
repudiation by them of the contract and the said deposit in the sum of SIXTY
FIVE THOUSAND DOLLARS ($65,000.00) shall be absolutely forfeited to the
Vendor as liquidated damages for the Purchaser’s breach of contract and the
Vendor shall be at liberty without being obliged to tender any instrument of
transfer to retain the said parcel of land or to resell the same either by public
42

auction or by private treaty and any increase in price on resale shall belong to the
Vendor.
7. If the Vendor fails to provide a good and marketable title and by reason thereof
the Vendor is unable to complete the transaction on the Completion Date the
Purchaser is entitled forthwith to rescind this agreement and the Vendor will
refund to it the deposit.
8. If the title is in order and the Vendor fails to complete this transaction on the
completion date the Purchaser shall have a right of action for specific performance
and or damages for breach of contract.
9. At the request of the Purchaser the Vendor in her absolute discretion may extend
the date for completion of this transaction at terms and conditions acceptable to
the parties to the Agreement without prejudice to any other rights or remedies
which they may be entitled to pursue.
IN WITNESS WHEREOF the Vendor has hereunto set her hand the
day of in the Year of Our Lord Two Thousand and Seven and the
Common Seal of the Purchaser was hereunto affixed the day of
in the Year of Our Lord Two Thousand and Seven.
THE SCHEDULE ABOVE REFERRED TO:
ALL AND SINGULAR that certain piece or parcel of land situate at O’Meara in
the Ward of Arima in the Island of Trinidad comprising TWENTY THOUSAND FOUR
43

HUNDRED AND THIRTY THREE SUPERFICIAL FEET and abutting on the North
upon Mausica River on the South partly upon Lot No. 11 and partly upon a Road Reserve
33 feet wide on the East upon Lot No. 8 and on the West upon Mausica River and which
said piece or parcel of land is delineated and coloured pink and numbered “9” and “10”
on the General Plan annexed to Deed of Conveyance registered as No. 3752 of 1969 and
also registered as No. 8389 of 1975.
SIGNED by the within named )

)
And of me
ATTORNEY AT LAW
THE COMMON SEAL OF )

------------------- COMPANY LIMITED )
was hereunto affixed by )
its Secretary in the presence of )
)
one of its Directors by order and authority of the )
Board of Directors and in Conformity with its )
Bye-laws in the presence of:
And of me
ATTORNEY AT LAW
44

AGREEMENT FOR SALE
Drawn and Prepared by,
----------------------------
BARBADOS
THIS AGREEMENT is made the ....... day of ........ 20 ... BETWEEN

............................ (hereinafter called "the Vendor") of the ONE PART and ....................
(hereinafter called "the Purchaser) of the OTHER PART:
WHEREBY IT IS AGREED as follows:-
1. The Vendor will sell to the Purchaser and the Purchaser will purchase from the
Vendor the land described in the Schedule hereto together with the rights mentioned
in Section 66 of the Property Act 1979-11 in so far as they relate thereto.
2. The purchaser price is the sum of $ ...... of which the sum of $...... has been paid by
the Purchaser to Messrs. Broad & Lucas (Attorneys-at-Law for the Vendor) as
stakeholders the payment of which is hereby acknowledged by the Vendor.
3. The balance of purchase money shall be paid in cash and the sale and purchase
completed on or before the day of ............ 20 ....
4. The stamp duty on the Conveyance to the Purchaser will be borne by the Vendor.
5. The Purchaser will be given vacant possession on completion of the sale and
purchase.
6. A good and marketable title to the property will be given the Purchaser.
7. The transfer tax under the Property Transfer Tax Act Chapter 84A of the Laws of
45

Course Director Mrs. Nisha Mathura-Allahar
this Island and attributable to the Vendor shall be paid by the Vendor and the
transfer tax attributable to the Purchaser shall be paid by the Purchaser.
8. The land tax for the current year shall be apportioned from the date of completion of
the sale and purchase and if the Tax Demand Notice for the current year has not
been issued at the date of completion of the sale and purchase then the
apportionment shall be on the basis of the land tax paid for the previous year and
such apportionment shall be final and binding on the Vendor and the Purchaser.
9. The existing plan of the land will be given to the Purchaser. No newer plan will be
given nor will the said plan be checked by the Vendor will point out to the
Purchaser the linemarks shown on the said plan and at the expense of the Vendor
replace any such marks as shall be missing.
10. This agreement for the sale and purchaser of the said land is subject to the Central
Bank of Barbados granting approval for the said sale and purchase which the
Vendor will apply for immediately on the signing of the said agreement.
11. The Purchaser shall not be entitled to any indemnity whatsoever in respect of the
contingent liability which might arise under Section 9A of the Property Transfer Tax
Act Chapter 84A of the Laws of this Island and no requisition shall be made in
respect of such contingent liability or any indemnity in respect thereof.
12. If the Purchaser fails to complete the purchase in accordance with the terms of this
agreement the deposit paid as aforesaid shall be forfeited to the Vendor who shall
accept the same as liquidated damages for breach of this agreement and it shall not
46

be necessary for the Vendor to give notice or to tender a conveyance to the
Purchaser but this clause shall not be interpreted so as to make time of the essence
of the contract.
IN WITNESS whereof the said parties have hereunto set their hands the day and year
hereinbefore written.
THE SCHEDULE HEREINBEFORE REFERRED TO
SIGNED by the Vendor in the )

presence of me: )
......................................
SIGNED by the Purchaser in the )

presence of me: )
......................................
47

Course Director Mrs. Nisha Mathura-Allahar
GUYANA
COUNTY OF DEMERARA
Memorandum of Agreement of Sale and Purchase made and entered into at the city
of Georgetown, in the County of Demerara, Guyana this ........ day of ............. 19 ........ by
and between ........................................ of New York, United States of America herein
represented by their duly constituted Power of Attorney ........................ at present residing at
............................. Demerara (P.A. 1435/82) (hereinafter called the vendors) and
.................................. and ............................. present of ............................... Georgetown,
Demerara (hereinafter called "The Purchasers") which term shall include his heirs,
executors, administrators, representatives and assigns of the other part.
NOW THIS AGREEMENT WITNESSETH as follows:

PARTIES: Vendor and Purchasers
PROPERTY: Lot numbered 9 (nine) having an area of .148 (decimal one four
eight) of an English acre, a part of area "B" being a portion of
Plantation Lilliendaal, situate on the East coast of the County of
Demerara, Guyana the said lot and area "B" being defined on a
plan by I. Sheer Mohamed, Sworn Land Surveyor, dated 8th June,
1961, and deposited in the Deeds Registry on the 13th day of
December 1961 with the buildings and erections thereon".
PURCHASE PRICE: The sum of $43,500 (Forty-three thousand five hundred dollars)
of which sum of $4,300 (four thousand three hundred dollars) is
being paid as an advance (the receipt of which sum is hereby
acknowledged). The balance of $39,200 (thirty-nine thousand
two hundred dollars) is to be paid by the Purchasers at the time of
passing of Transport.
48

ADVERTISEMENT Transport is to be advertised and passed to the purchasers within
OF TRANSPORT: three months of the date of this agreement.
RATES AND TAXES: To be paid by the Vendor within three months of the date of this
agreement up to and including the day of completion of this
agreement and thereafter by the Purchaser.
LEGAL Legal fees and duty to the Registrar of Deeds to be borne

equally.
EXPENSES: Attorney's fees to be borne by the Purchaser.
SPECIAL CLAUSES: (If any)
IN WITNESS WHEREOF the parties have hereunto signed these presents

the day and year first above written in the presence of the subscribing witnesses.
For Vendor
Purchaser
WITNESSES:
1.
2.
49

1.6 THE COMPLETION OF THE CONTRACT FOR SALE
Readings : Gibson 21st Ed. Ch. 10

Barnsley Conveyancing Law and Practice 3rd Ed. Chap. 8 Pgs. 218-241,
Chap. 14 Pgs. 372-384
Farrand 3rd Ed. Ch. 7, Ch. 8 and Ch. 9
C. RIGHTS AND DUTIES PENDING COMPLETION:
Effect of Binding Contracts:
Vendor becomes trustee for the Purchaser:
Cases: Clarke v. Ramuz (1891) 2 Q.B. 456

Phillips v Lamdin (1949) 2 KB 33
Cedar Transport v First Wyvern Co. Ltd. (1980) 258 EG 1077
Lysaght v Edwards (1876) 2 Ch. D 499 esp. at pgs. 506-507 per Jessel M
Riverton v Haddad (1986) 40 WIR 236
EFFECTS OF BINDING CONTRACT

1. The Purchaser becomes the equitable Owner of the Property with the right to
dispose of the property.
2. Until completion the Vendor remains the legal Owner.
3. Vendor becomes trustee to the Purchaser.
(a) Duty to keep the property in reasonable condition.
(b) Duty to repair the property.
(c) Lien on the property for the balance of the Purchase money – refers to an
equitable lien and will not apply to Guyana.
(d) Right to retain possession.
(e) Rents and profits are for Vendor’s use and benefit.
(f) Vendor must discharge the outgoings e.g. rates and taxes.
50
Course Director – Mrs Nisha Mathura-Allahar
INSURANCE
The question of who is entitled to insurance moneys due on a policy of insurance

(fire or otherwise) effected on the property should be gone into.
Ascertain whether there is in your territory legislation similar to s. 47, L.P.A. 1925
(U.K.). There is in Barbados - s. 52 Property Act 1979. Read the three judgements
in:
Rayner v Preston (1881) 18 Ch. D. 1
Castellain v Preston (1883) 11 QBD 380
INSURANCE
1. The Property is at the risk of the Purchaser as soon as the contract is binding.
Common Law
1. If the property is damages by fore before completion, the Purchaser must pay the
purchase price in full and receive the property in its damaged condition.
2. To avoid the above the Vendor must expressly assign the benefit of the insurance to
the Purchaser.
Barbados
…Money paid under an insurance policy is held….on behalf of the Purchaser and is
to be paid to the Purchaser on completion.
N.B. This is subject to

1) Any express agreement by the parties; and
2) Payment of part of the premium by the Purchaser.
Guyana
….see s13 Civil Law Act Guyana – follows 1925 Act similar to Barbados (no 1971
UK position).
EFFECT OF DEATH:
On death of the Purchaser before completion, the Vendor must convey to his
personal representatives. On death of the Vendor before completion his personal
representatives must convey to the Purchaser.
51
VACANT POSSESSION:
Statutory meaning of Possession - "includes the receipt of rents and profits or the
right to receive the same if any."
Cases: Cook v Taylor (1942) Ch. 349

Hughes v Jones (1861) 3 De GF & J 307 at 314
James Macara v Barclay (1945) KB 148
Norwich Union Life Insurance v Preston (1987) 1 WLR 813
Faria v Osborne (1968) 13 WIR 306
VACANT POSSESSION
1. “Free from encumbrances” imply that it is a term of the contract that the purchaser
on completion shall be put in actual possession.
2. “Vacant possession” means free from any occupation by the Vendor or a third party
and free from any claims to a right to possession.
Note- the remedies for failure to give vacant possession.
DELAY - TIME OF THE ESSENCE:
Legislation Barbados Property Act 1979 Cap. 236 S 48

Cases: Phillips v Lamdin 1949 2 KB 33 at 412
Raineri v Miles 1979 3 ALL ER 763 at 789
Lock v Bell 1931 1 Ch. 45
Haroldwood Brick Co. Ltd v Ferris (1935) 2 KB 198
Re Barr's Contract 1956 Ch. 551
Ajit v Sammy (1967)1 AC 255
Re Stone's and Saville Contract [1963] 1 ALL ER 353
Baldeosingh v Maharaj (1960) 17 WIR 41
Graham v Pitkin (1992) 2 ALL ER 235
Behzadi v Shaftesbury Hotels Ltd. (1991) 2 ALL ER
52
Bacchus v Booklall GY 1972 CA 1
Sale v Allen (1987) 36 WIR 294
Chaitlal v Ramlal 2003 UKPC 12
Mungalsingh v Juman 2015 UKPC 38
TIME OF THE ESSENCE

Common Law - Date fixed for completion was regarded as of the essence of the
contract.
Equity - Time was not of the essence so the party guilty of delay could still
obtain specific performance of the contract.
TIME IS OF THE ESSENCE

1. Where the contract expressly states so.
i.e. "Time shall be of the essence."
2. When property being sold is of such a nature, an intention that time should
be of the essence can be implied.
NOTICE TO COMPLETE
1. When time was not originally of the essence, the injured party can serve a
notice specifying a reasonable time within which to complete.
2. 'Reasonable' depends on the circumstances of each case.
3. The party serving the notice must be ready willing and able to complete.
4. Whether or not time is of the essence, failure to complete on an agreed date is

a breach of contract and the injured party is entitled to damages.
Time will be waived where the parties continue negotiating after the time for completion
has passed.
53
UNIT 1 – SEMINAR ACTIVITIES AND QUESTIONS
Note: Questions in this Unit can be answered according to the Common Law
System, the Registration of Title System or the Roman Dutch System of
Conveyancing.
ACTIVITY 1 – MULTIPLE CHOICE QUIZ – tested and corrected in class.
ACTIVITY 2 - (Role Play)

Mr. and Mrs. Hari Puttar come into your office and instruct you that
they wish to purchase a dwelling house property on two lots of land
situate at Privet Lane at or for the price or sum of $2,500 000 free
from encumbrances from the owner Mr. Ron Howard. Mr. Howard
informed them that there is presently a mortgage on the said
property. Mr. and Mrs. Puttar have the deposit but will need to
borrow the balance of the purchase price from a lending institution.
Advise Mr. and Mrs. Hari Puttar on the contents of the contract for
sale, the steps in the transactions and the documents necessary for
the completion of the transaction.
ACTIVITY 3 - Applying the facts in Activity 2 compile a list of Completion

documents applicable to the system of Conveyancing in your
territory.
Question 1:
STUDENTS MUST ANSWER EITHER PART A OR PART B.
PART A
THIS QUESTION CAN BE ANSWERED IN ACCORDANCE WITH THE

COMMON LAW SYSTEM OR THE REGISTRATION OF TITLE SYSTEM.
Drake Redman and Kardee Beem, high school sweethearts, recently got married after
graduating from university. They have been working hard and saving to purchase their
forever home to start a family. While driving through “Minnaj Estates”, they saw a
54
property known as “Fenty’s Place”. They immediately stopped and spoke to the owner,
Taylor Farst, who was undecided about selling the house. Not wanting to lose out on this
property, Drake and Kardee, being prudent professionals, wrote the following on a piece
of paper:
“We, Drake Redman and Kardee Beem, subject to a proper contract to be

prepared by Ms. Farst’s attorneys-at-law, agree to purchase from Taylor Farst her
freehold property known as “Fenty’s Place” for the sum of $2,000,000 free from
encumbrances and we hereby pay the sum of $100,000 as deposit and part
payment towards the purchase price. Completion to take place within three
months of today’s date. Dated this 15th day of January, 2021.”
This document was signed by Drake and Kardee. Taylor then added the following receipt:
“I hereby confirm the above sale and acknowledge receipt of the deposit of
$100,000 mentioned above with the balance of the purchase price being
$1,900,000”.
Taylor also signed.
Subsequently, on January 20, 2021, Taylor’s attorneys-at-law prepared a formal contract

which was approved by Drake’s and Kardee’s attorneys-at-law and executed by Taylor.
During this time, Kardee’s good friend, Varune Fyve took her to see another freehold
property known as “Ohkur Manor” which is owned by Celina Romez in the nearby town
of Wapp-de-Ville. Kardee fell in love with “Ohkur Manor” and told Drake that they
would not be signing the formal contract from Taylor’s attorneys-at-law.
On April 15, 2021, Drake and Kardee did not complete the purchase of Fenty’s Place and
Taylor forfeited and kept the deposit of $100,000.
REQUIRED:
(a) Drake and Kardee have come to you seeking advice.
Advise them.
(Word Limit: 750 words)
(b) Drake and Kardee went ahead and are negotiating with Celina Romez to purchase
“Ohkur Manor” which is situate on the last acre of a three-acre parcel of land.
They wish to only purchase the acre on which the “Ohkur Manor” is constructed.
55
This parcel can only be accessed through the two acres at the front. The sale price
for “Ohkur Manor” is $3,000,000 and includes all appliances and furniture.
Advise Drake and Kardee on the clauses to be included in the said Agreement for
Sale and the need for such clauses.
(Word Limit: 1,000 words)
(c) Draft the Agreement for Sale.
(d) Draft the Deed of Conveyance/Deed of Sale/Memorandum of Transfer to vest the

property in Drake and Kardee equally.
(Candidates answering this question must provide their own particulars with respect to addresses,
descriptions of the parties and a proper description of the property).
(e) Drake and Kardee are taking a mortgage with Bank of Queen Bey to complete the
purchase of “Ohkur Manor.” Not wanting to use their both incomes, only Drake
would be a borrower under the mortgage while the property would be purchased
in both their names. They have come to you seeking advice as they are concerned
that due to the downturn in the economy due to COVID-19 what may happen if
Drake is unable to pay the loan and the bank has to sell “Ohkur Manor.” Kardee’s
friend, Varune told her that he heard that when you cannot pay your mortgage, the
bank throws you out and sells your property to its “friends” at reduced values and
you get nothing!!!!
Advise Drake and Kardee:
(i) on the contents of the Deed of Mortgage/Memorandum of

Mortgage; and
(Word limit: 1,000 words)
(ii) whether or not there is any truth to what he friend Varune told her
about banks when selling properties.
PART B
THIS QUESTION IS TO BE ANSWERED IN ACCORDANCE WITH THE

ROMAN DUTCH SYSTEM OF CONVEYANCING:
Case 1
Daphne and Simon Hastings became the joint owners of a parcel of land comprising five
56
acres with a dwelling house thereon, in Whistletown, Demerara by Transport No. 1234 of
2010. The property is currently mortgaged to Bridgerton Bank to secure the sum of
$15,000,000 for the term of 25 years.
On April 1, 2021 Simon died without severing the joint tenancy. Simon’s funeral was
held one week later at Peaceful Pastures.
Daphne, who was very distraught after her husband Simon’s death, initiated preliminary
talks with Lady Danbury about purchasing the property for $50,000,000 free from
encumbrances. Daphne intends to use the proceeds of the sale to settle the mortgage.
Daphne also wishes to fly out of the territory as soon as possible and wishes to appoint
her brother, Tony Viscount, as her lawful attorney under a power of attorney to carry out
the entire sale transaction for her.
Lady Danbury has the entire purchase price and is eager to purchase the property.
It has recently come to Tony’s attention that Simon and Daphne have a debt of
$1,000,000 with Regency Tailors.
Case 2
Tech Limited on February 3, 2011 mortgaged their property at Business Park to Merchant
Bank to secure a loan of $10,000,000 to construct a new office building for the expansion
of their business. Due to mismanagement and competition, Tech Limited has experienced
a sharp decline in profit and has recently stopped servicing their 2011 mortgage.
In March, 2015, Tech Limited obtained a second mortgage from Bailout Bank for
$7,000,000.
In July 2020, Robotics Ltd. Obtained a judgment in the sum of $3,000,000 against Tech
Limited for non-payment of a debt due to them. In addition, there is $5,000,000 owing to
Merchant Bank and $4,000,000 owing to Bailout Bank. There is also outstanding
$3,000,000 Value Added Tax, $20,000 in land taxes and $10,000 in water rates.
A recent valuation indicates that the property is now valued at $25,000,000.
Merchant Bank proceeded to execution sale and realised the sum of $27,000,000.
57
REQUIRED
(a) Advise Daphne and Tony on the steps and procedure to vest the property
in Lady Danbury free from encumbrances.
(Word Limit:2,200 words)
(b) Draft the documents to vest the property in Lady Danbury.
Students are NOT required to draft the Power of Attorney or the

Cancellation documents.
(Candidates answering this question must provide their own particulars with respect to
addresses, descriptions of the parties and a proper description of the property).
(c) Advise Merchant Bank on the distribution of the proceeds of sale in order
of priority.
58
OF TITLE
YEAR II
UNIT 2
59
UNIT 2
2.1 INVESTIGATION OF TITLES
This unit deals with the investigation of title for both freehold and leasehold
estates.
The actual investigation involves the tracing of the fee simple/leasehold interest
and the examination of the historical background of that estate to ensure that it is
good and marketable.
The investigation of title is technical and as such, it is important that the student
should grasp the techniques involved. Investigation of title can be one of the most
important and intellectually rewarding elements of a Conveyancing transaction.
Please note that the investigation of title explained in this unit applies to common
law/unregistered Conveyancing.
2.2 FREEHOLD TITLE
Reading: Barnsley's Conveyancing Law & Practice 3rd Ed. Part 4 Chap.
9 - 10
Contract and Conveyancing 4th Ed. J.T. Farand Chap. 6
Under an open contract for the sale of land the Vendor must show a good title. The
prima facie implication is that the Vendor is entitled to and is selling the land in fee
simple absolute free from encumbrances. This implication arises even where the
sale is of registered land, i.e. the Vendor is registered as the proprietor of the
freehold estate with an absolute title.
Cases: Re Stone and Saville's Contract( 1963) 1 ALL ER 352

Elliot v Pierson (1948) Ch 452
Jones v Lipman (1962) 1 WLR 832
Chaitlal v Ramlal 2003 UKPC 12
60
TITLE
VENDOR'S OBLIGATION AS TO TITLE
1. To show a good title

i.e. to state all matters essential to the title.
2. To make a good title

i.e. to prove by proper evidence the matters stated in the abstract.
2.3 TYPES OF TITLES
A Good Marketable Title -
Cases: Re Atkinson and Horsell's Contract (1912) 2 Ch 1

Re Spollon and Long Contract (1936) Ch 713 at 718
Mungalsingh v Juman [2015] UKPC 38
Watch video of case at https://www.jcpc.uk/watch/jcpc-2013-0113/070715-am.html
GOOD TITLE
1. The Vendor shows that he alone or with the concurrence of some other
persons, can convey to the purchaser the whole legal and equitable interest
in the property to be sold.
2. It can be forced on an unwilling Purchaser.
A Bad Title
Case: Re Scott and Alvarez Contract 1895, 2 Ch 603 CA p 163
Technical Defect in Title
Note: The distinction between a Bad Title and a title with a mere technical defect.
Cases: Cumberland Court (Brighton) Ltd v Taylor 1964 Ch 29 at 37

Re Stirrups Contract (1961) 1 WLR 449
61
BAD TITLE
The Vendor has no valid interest in the property or has no power to sell.
TECHNICAL DEFECT IN TITLE
A hitch in the smooth showing of the title which does not detract from the Vendor’s
beneficial ownership
i.e. a conveyancing mistake which is open to correction by a general rule of

law.
Doubtful Title will not be forced on a reluctant purchaser under an Open Contract
Horton v Kurzke (1971) 1WLR 769, (1971) 2 All ER 577
DOUBTFUL TITLE
Where the Vendor is not shown with certainty to have the ownership he contracted to sell
e.g. There may be doubt as to:
(1) the law itself as to some point
(2) as to some fact or construction on which the title depends which the Vendor
can only clear by litigation. This cannot be forced on an unwilling
Purchaser.
EXONERATIONS OF TITLE
Obtain an exoneration from your client whenever title is less than perfect.
62
2.4 THE METHOD
CONCEPT MAP
FREEHOLD TITLE
ASCERTAIN ROOT (an acceptable historical

document complying with
statutory period/common
law period
ESTABLISH CHAIN (to present date)
REQUISITIONS ON TITLE
ANSWERS TO
REQUISITIONS
ADVISE CLIENT ON TITLE
63
The principles governing the method by which the Vendor may perform his obligation
to show and then prove his title.
Period of Title (Freehold)

The Vendor must prove title for a specified period of time preceding the sale of the land.
Bahamas Chap 123 S 3 (4) (30 years)

Barbados Cap 263 Property Act 1979 - S50 (1) (20 years)
Dominica Ch. 54:01 S5 (40 years)
Trinidad & Tobago Ch. 56:01 S5 (20 years)
St. Christopher/Nevis Cap 10:04 S.5 (40 years)
Grenada Conveyancing and Law of Property (30 years)
Act(Amendment) Act No. 12 of 2018
St. Vincent and the Common Law position applies (60 years)
Grenadines
Cases: (1) Barnwell v Harris (1809) 1 Taunt 430 at 432

(2) Bryant v Foot (1867) LR 2 QB 161 pg 179-181
Note- the period of title may be agreed between the parties to a formal contract for sale of
land. The period of title accepted in practice may be different.
FREEHOLD LAND
PERIOD OF TITLE
1. The Vendor must deduce a title for the full statutory period preceding the sale of the
property.
2. This period is a minimum period and the title must be deduced so far back beyond
the statutory period as necessary to arrive at a proper root of title.
Root of Title
An instrument to be a good root of title must be an instrument of disposition dealing with or

proving on the face of it (without the aid of extrinsic evidence) the ownership of the whole
64
legal and equitable estate in the property sold, containing a description by which the
property can be identified and showing nothing to cast any doubt on the title of the
disposing parties.
(Williams on Vendor and Purchaser 4th Ed. Vol. 1 Pg. 124)
Best Roots in Order of Strength
(1) A Legal Mortgage
(2) A Conveyance on Sale
(3) Specific Devise in a Will
SPECIFIC DEVISE IN A WILL
e.g. "I devise my property situated at No. 2 Knox Lane to my son Tom Brown for his
absolute use".
On death of beneficial owner - equitable estate vests in the devisee, legal estate
vests in the personal representative. Therefore, the Purchaser is entitled to
particulars of the will showing the devise, the grant of probate and the Deed of
Assent.
(4) Grant or Lease by Crown or Certificate of Title (Bahamas Only) Cap 123 S 3 (4).
(5) (Barbados only) A Registrar’s conveyance under Title by Proceedings Act 2014.
(6) (Barbados only) A Conveyance on Sale under the Tenantries Freehold Purchase Act
CAP 239B.
(7) (Grenada only) a deed registered under S39(2) CLPA Amendment Act) the
Possessory Titles Act, 2016
Note- Warrants of Transfer are not accepted as a good root.
Cases: Re Copelins Contract 1937 4 ALL ER 447

Lennox Tobe v Willie Williams and Klint Ryan CV 2010-0519
Randolph & Murray v Briggant HCA No. 1101 of 1998
65
Pre-Root Title
See Page 98 - 99 4th Ed. of Farrand about the Pre-Root Title.

S45 (1) of the LP Act 1925 U.K. has been enacted in Trinidad & Tobago, St. Kitts,
Dominica and Barbados but there appears to be no such legislation in Grenada and St.
Vincent.
Trinidad & Tobago Ch. 56:01 S6(8)

Dominica Ch. 54:01 S6(8)
Barbados Property Act 1979 Cap 236 S51(1) (2) (3)
St. Christopher/Nevis Cap. 10:04 S6(8)
Bahamas Cap. 123 S5
Cases: Re Scott & Alvarez 1895 1 Ch 596

Re Alveraz's Contract 1895 2 Ch 603
Re Marsh and Earl Granville (1883) 24 Ch D II
PRE-ROOT TITLE
Purchaser shall be entitled to require the production or abstract of a copy of a document

prior to the root of title in the following cases:
1. where an abstracted document is executed under a power of attorney

2. where the property is subject to a document creating or disposing of an interest
which is still subsisting e.g. a plan or restrictive covenants
3. where the property is limited or subject to a trust
Chain of Title
Title must be traced from the Root of Title right down to the vendor. The chain of title
must not be confused with the chain of representation which will be dealt with later. The
latter will help to continue the former.
CHAIN OF TITLE
1. The Vendor must show the links in the chain of title stretching between the root
of title to himself.
66
2. The links are every document or event affecting or effecting a disposition or
devolution of any legal or equitable estate or interest in the property sold during
the period of title.
The Abstract of Title – What is the meaning of this term?
This is prepared by the vendor's attorney at the Vendor's expense and delivered to the
purchaser's attorney. See. Enc. of Forms and Precedents 4th Ed. Vol. 18, p. 730 for Forms
of Abstracts. In most of the West Indian territories, it has become the practice for the
Vendor's attorney to produce, in place of the formal abstract, a list of the relevant
documents of title, or photocopies of them.
St Vincent and the Grenadines and Trinidad & Tobago position-Chaitlal v Ramlal 2003
UKPC 12
Note:
(1) The documents which must be included in and those which may be left out
of the Abstract.
(2) Verification of the Abstract.
(3) Requisitions and Replies thereto. See Enc. of Forms & Precedents, 4th Ed.,
Vol. 18, p. 785 for forms.
ABSTRACT OF TITLE
A summary of the documents and events by which any dispositions of the property have
been made during the period for which title has to be shown.
This is usually done by the production of photocopies of the deeds.
EXAMPLE OF ABSTRACT OF TITLE
1. Deed No. 202 of 1940 - Deed of Conveyance

Joe Brown to Kay Harris.
2. Deed No. 10 of 1965 - Deed of Mortgage

Kay Harris to Money Bank Ltd.
67
3. Deed No. 820 of 1980 - Deed of Release
Money Bank Ltd to Kay Harris.
4. Death of Kay Harris estate.

Recitals Twenty Years Old
S. 45 (6) of L.P.A. 1925 (U.K.) re-enacts s2 of the Vendor and Purchaser Act, 1874 (U.K.).
This provision has been enacted in most of the territories in Property and Conveyancing
Legislation.
Barbados Property Act 1979 S51(5)
Dominica Ch. 54:01 S6(7)
Trinidad & Tobago Ch. 56:01 S6(7)
St. Kitts and Nevis Cap. 10:04 S6(7)
Bahamas Cap. 123 S3(3)
Cases: Re Wallis and Grout's Contract (1906) 2 Ch. 206

Bolton v London School Board (1879)11 Ch D 986
Selkirk v Romar Investments Ltd. (1963) 3 All ER 994 (PC)
PROOF OF TITLE – THE EVIDENCE
1. Death - Original Death Certificate

e.g. (1) death of joint tenant
(2) life tenant
Right of survivorship applies therefore there is no need to probate or administer the estate of
the deceased.
2. Marriage - Original Marriage Certificate
3. Change of Name/Alias - Deed Poll /Statutory Declaration
4. Death of sole owner or tenant in common

* Intestacy - Grant of Letters of Administration
68
* Testacy - Grant of Probate
* Both must be followed by Deed of Assent
5. Presumption of Death - Court Order
6. Deeds - Abstracts from originals lodged in the

Deeds Registry
Deeds of Gift
7. Public Acts - No proof
8. Recitals - Twenty years old
A recital in a Deed 20 years old should be taken as conclusive evidence of the facts stated.
e.g. (1) recital as to death
(2) recital as to payment of estate and succession duties
9. Companies - Articles of Incorporation
PROCEDURE FOR INVESTIGATION OF TITLE
1. Make a thorough study of the Deeds and documents produced by the Vendor.
2. Instruct a title clerk to make a search in the office of the Registrar General to
verify the title and to make all other appropriate searches.
3. Make necessary requisitions of the Vendor as to gaps in the title.
4. Upon receiving satisfactory answers to requisitions and being satisfied as to the

absence of defects and encumbrances other than those provided for in the
contract (if any) accept the title.
69
2.5 LEASEHOLD TITLE
Reading: Farrand: 4th Ed. pp. 131-141, 163-166 or corresponding pages in

Barnsley 21st Ed. Starting at pg. 150 Gibson
LEGISLATION
U.K. Statutes: Vendor and Purchaser Act, 1894 ss. 1, 2; Conveyancing

Act, 1881, ss. 3, 13 and Law of Property Act 1925, s. 44.
Trinidad & Tobago: Ch. 56:01, ss. 5, 6; Act No. 51 of 1976.
Barbados: Property Act 1979, ss. 50, 51.
Grenada: Landlord & Tenant Ordinance, CAP s. 12.
Dominica & St. Kitts Conveyancing and Law of Property Statutes, ss. 5, 6
& Nevis:
Bahamas: Cap 123 S 3 (1) (2)
St. Vincent and the Common Law position

Grenadines
Cases: Patman v Harland (1881) 17 Ch. D. 353

Feilden v Slater (1869) L.R. 7 Eq. 523
LEASEHOLD TITLE
St Vincent & the Grenadines - Common Law: The position at common law must be
known.
Frend v Buckley (1870) L.R. 5 Q. B. 213

Souter v Drake (1834) 5 B & Ad. 992
Becker v Partridge (1966) 2 QB 155
70
LEASEHOLD TITLE
COMMON LAW - Grenada and St Vincent and the Grenadines
The Purchaser is entitled to proof of the Vendor's title for 60 years in St Vincent and the
Grenadines. The Purchaser is entitled to proof of the Vendor’s title for 30 years in
Grenada.
However
(a) when the lease is more than 60/30 years old at the date of the contract the lease no
matter how old must be produced.
(b) The Vendor is not bound to show title with respect to intermediate transactions.
Freeholder- freehold reversion

2006 2006
30 60
1976 1946
1860 150 years
1890 1915 1946 1976

L A B C V P
2006
(a) Vendor must prove 1860 lease (more than 60/30 years old)
(b) Vendor must prove title from 1946/1976 Deed to date
(c) Vendor not bound to prove 1890 and 1915 transactions (intermediate
transactions)
71
When the lease is less than 60 years old at the date of the contract, the Vendor must prove
title in addition to the lease itself, the freehold title for the balance of the full sixty-
year/thirty year period.
Freeholder Freehold title for 29 years 2006 2006

60 1975
1946 31
1975 199 years
1985 2006
Lessee V P
NOTE: The Vendor must prove the freehold title for 29 years and the 1985 transaction.
Statutory period of Title: The words "nevertheless earlier title than ... years may be
required in cases similar to those in which earlier title than .... years might, immediately
before the commencement of this Act have been required" contained in s. 50(1) Property
Act (Barbados) and in s. 5 of the Conveyancing and Law of Property statutes of Trinidad
and Tobago, Dominica and St. Kitts and Nevis should be noted. They refer (inter alia) to
the rule that the lease, no matter how old must be produced. This rule is restricted however
by the provisions of s. 6 Trinidad & Tobago, Dominica & St. Kitts and Nevis, sub-sections
(2) - (4) of S. 50 of the Barbados Property Act, and s. 12 of the Landlord and Tenant
Ordinance, Grenada.
72
Trinidad & Tobago, Dominica, St. Kitts and Nevis, Bahamas:
Note: S6 (3) does not apply to Bahamas (only S6 (1) and (2)
Section 6(1) to (3) of the Conveyancing & Law of Property statutes of these
territories reads as follows:
"(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." (underlining mine).
Application of S6 (1)
Freeholder Refers to grant of a lease derived out of the Freehold land.
199 years
The Lessee cannot call for freehold title

therefore he is entitled to no title.
Lessee
Freeholder Refers to an assignment derived out of Freehold title.
199 years
The Assignee cannot call for freehold title

but he can call for the lessee's lease i.e. Deed of lease
F to L
Assignee
Lessee/Assignor
73
Assignment of a Lease out of a freehold interest. The Assignor can call for the lease
which is being purchased however old and title to it for the 20 years preceding the
contract if the lease has been in existence for that long.
A Freehold
(1950)
Intermediate
Transaction
B C(1955) D (1960) E(1980)
Assume C, D and E each in turn entered into an open contract in the years indicated to
buy the lease granted in 1950 from A to B. Then before completion of each
assignment/also suppose your statutory period of title is 20 years.
Applying S6(1) then the following is the result.

1. None able to investigate the freehold title.
2. C, able to examine the lease 1950.
3. D, able to examine the lease 1950 and the assignment from B to C (1955)
4. E, able to examine the lease 1950 and the assignment from C to D in 1960 (20
years) but not (1955) transactions.
74
F Refers to grant of lease out of a leasehold interest.
199 years
L The underlessee cannot call for the freehold title but

can call for the lessor's lease i.e. lease F to L.
150 years
UL
The rule in Patman v Harland (1881) 17 Ch. D 353- (prior 1926 UK) an intending
lessee or assignee was fixed with constructive notice of matters or defects which he
would have discovered had he investigated the superior title not withstanding that he
was statutorily precluded from calling for such title. The Lessee or Assignee was held
to have accepted the consequences of not contracting out of the statute.
The case of Patman v Harland was decided on this subsection, then contained in s. 2
(first rule) of the Vendor & Purchaser Act 1874 (U.K.).
"(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" underlining mine).
This sub-section deals with assignments only ("sell and assign") of underleases ("a
term of years to be derived out of a leasehold interest with a leasehold reversion").
75
F Refers to an assignment of a lease out of a
leasehold interest
199 years
L Leasehold The Assignee can call for the lease L to UL but

Reversion NOT the head lease F to L or the freehold title.
150 years
UL A Note: Title to leasehold reversion is the

lease F to L.
S (6)(3) Does not apply to The Bahamas
Applies to Grenada see s.12 Landlord and Tenant Ordinance
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.
Freehold reversion This section deprives

a person who agrees to
take a grant of a lease
199 years from examining the head lease
or other superior title.
Leasehold reversion
N.B. The Lessee is entitled

150 years to inspect the lease out
of which the underlease is
Under-lease is to be granted.
The Sub-underlessee can call

99 years for the title L to U.
Sub Under Lessee
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These sections apply to open contracts only. See the proviso to sub-section (13).
Sub-section (4) is intended to abolish the rule in Patman v Harland and sub-sections
(9) and (10) raise rebuttable presumptions only.
Note- if the Purchaser discovers the existence of breach of title by other means he can
object to title.
Grenada
The common law applies but is restricted by s.12 of the Landlord & Tenant Act 164.
This section is the same as S.6 (3) of Ch. 27 No.12, Trinidad and Tobago.
Barbados
The relevant provisions are contained in s.50 of the Property Act Cap 236, 1979. Sub-section
(2) to (4) read as follows:-
"(2) Under a contract ... to grant a term of not less than 10 years, the
intended lessee is entitled to call for the title to -
(a) the fee simple ... where the term is to be directly derived out of the said fee
simple ..., or
BARBADOS
Section 50 (2) deals with contracts to grant leases of 10 years and over and is divided
into 2 main parts.
1. S. 2 (a) gives an intended tenant the right to call for the title to the fee simple
when the intended landlord is the fee simple owner.
F
Lessee can call for
the freehold title
Lease 10
yrs. and up
(b) the grantor's term of years where the term is to be derived out of a term of years and
any stipulation or agreement to the contrary is void ..." etc.
77
2. gives the tenant the right to call for the title to the Landlord's term on the
granting of leases 10 years and up where the term is derived out of a term of
years.
F
Note: Underlease can call
for lease F to L
Lease 10
yrs. and up
NB: Ss (3) and (4) precludes a sub-lessee from
UL calling for title to the fee simple.
3. Under a contract to grant a term of not less than 10 years to be derived out of a
fee simple ..., to grant a term of years to be derived out of another term of years
or to assign a term of years, the intended lessee or assignee is not entitled to
call for the title to the fee simple ..."
Ss (3) precludes an intended lessee or assignee from calling for the fee simple title in the
following cases.
F 1. Where a term for not less than

10 yrs. is granted.
Lease not less 2. Where there is a grant of a

than 10 yrs. Sub-lease.
L
3. Where there is an assignment
of a lease.
UL A
NOTE: 1. UL and A cannot call for fee simple title.

2. Under Ss 4 he can call for lease F - L.
Three situations all with respect to the fee simple arise in sub-section (3) and it should be
noted that the words "to grant a term of years to be derived out of another term" restrict the
78
operation of sub-section (2) (b).
4. “Under a contract to assign or grant a term of years derived or to be derived out

of another term of years, the intended lessee ("or assignee" omitted) is not
entitled to call for the title to the term or terms of years out of which the
assignor's or grantor's term of years is mediately or immediately derived."
The assignee or tenant cannot call for the title out of which the sub term is created i.e.
headlease or superior title.
F
SUL and A cannot call for the lease F to L
L SUL can call for the lease L to UL.
A can call for the lease UL to SUL.
UL
SUL A
Sub-section (8) of s. 50, which is effect, states the whole section applies only if and in so far
as a contrary intention is not expressed appears to be in conflict with sub-section (2). It may
be that the draftsman inadvertently omitted from sub-section (8) the words "except for sub-
section (2)".
2.6 NOTICE
Common Law - Grenada, St Vincent and the Grenadines, The Bahamas
The Purchaser is affected with constructive notice of everything he could have discovered, if
he had, in fact, examined them.
See Rule in Patman v Harland.
Statute - The Purchaser is not fixed with constructive notice unless he actually
makes such enquiries and investigations.
2.7 BREACHES OF COVENANT
79
BREACHES - Common Law
1. The purchaser should ensure that there are no breaches of any covenant in the lease
(giving rise to forfeiture of the lease).
2. By Statute
On the assignment of a lease, the purchaser must assume unless the
contrary appears that the lease was duly granted and on the production of the
receipt for the last rent due that all covenants and provisions of the lease has been
duly performed and observed.
N.B. The Purchaser should therefore insist on an up-to-date receipt for rent.
Practice
1. It is advisable that the Purchaser of an underlease to check an abstract or copy of the

headlease in order to satisfy himself.
a. the Vendor had title and was in a position to grant the lease.
b. There are no onerous covenants in the headlease that will be

binding on the under lessee e.g. covenants restricting business.
Cases: Becker v Partridge (1966) 2 QB 155

Hill v Harris (1965) 2 QB 601
When drafting an Underlease always include a covenant that the Lessor is duty bound to
inform the Underlessee of any notice of forfeiture or breach.
When drafting both Underleases and Assignments always include an indemnity covenant.
Licence to Assign
The Purchaser should check the headlease to ascertain if there is any stipulation
preventing the Vendor/Landlord from assigning or parting with possession of the
leasehold without the consent of the landlord.
The Vendor obtains this licence or consent at his own expense. This is a matter of
80
conveyance not title and he has until the date of completion to obtain it. The Vendor
must use his best endeavours to obtain the licence.
If a licence is needed the Purchaser should not complete the transaction until the
Vendor supplies him with same. The absence of the licence could give the Headlessor
grounds to forfeit the lease.
2.8 NOTICE, SEARCHES FOR INCUMBRANCES AND

COMPLETION
Reading: Farrand 4th Ed. pp. 192-202 or corresponding pages in Emmet on Title
Barnsley 3rd Ed. Pp. 335-339 and Chap. 14
NOTICE
The Purchaser will generally be bound by all legal estates and interests affecting the property,
whether he has notice of them or not, provided that if such estates or interests are registrable,
they are registered.
Note:
1. Actual Notice
2. Constructive Notice
3. Imputed Notice
Cases: Re Cox and Neve's Contract 1891 2 Ch. 109
Re Nisbet and Pott's Contract 1906 1 Ch. 386
Re Hackette v Luther (1982) 32 WIR 3
Actual Notice
Registration constitutes actual notice. A purchaser with actual or express notice before
completion will be bound by it subject to the effect of:
a. non-registration
b. doctrine of over-reaching.
81
Constructive Notice
If a purchaser buys under conditions limiting his rights to investigate title, he is held to
have constructive notice of all matters which he would have discovered if he had inquired
into the Vendor's title.
The Purchaser has constructive notice of the rights of tenants and other persons in
occupation of the property.
Imputed Notice
Notice to the purchaser's attorney or other agent, in the course of the transaction during which
the agent is employed by the purchaser is notice to the purchaser.
2.9 REGISTRATION/RECORDING AND

SEARCHES FOR ENCUMBRANCES
LEGISLATION
Barbados - Property Act Cap 236 , Ss. 56-58
Dominica - Registration and Records Act Cap. 19:04

Registration and Records (New Register) Act Cap. 19.05
Grenada - Deeds & Land Registry Act Cap 79
St. Kitts & Nevis - Registration and Records Act Cap. 23:25
St. Vincent & - Registration of Documents Act Cap 132.

the Grenadines
Trinidad and Tobago - Registration of Deeds Act Ch. 19:06, s18 and s12
Bahamas - Registration of Records Ch. 175
St Vincent & - Civil Procedure Code 2009
the Grenadines Small Debts Cap 134
Land Tax Cap 438
Dominica - Judgements Act Chap 4:70

Collection of Taxes Act Chap 66:01
Water and Sewerage - Chap 43:40
82
Barbados - Registration of Judgements Cap 210 S3 & 5
Supreme Court of Judicature Act S33 (1)
Land Tax Cap 78A
Income Tax Cap 73
Barbados Water Authority Act Cap 274A
National Insurance and Social Security Cap 47
Property Act Ss. 139, 200
Property Transfer Tax Cap. 84A
St Kitts & Nevis - Judgements Act Cap 3.14

Property Tax Act Cap 20:32
Grenada - Civil Procedure Code Cap 55 S23

Limitations of Actions Cap 173 S30
Property Tax Act Cap 257 B S8
National Water and Sewage Authority Act Cap 208 S35(4)
Trinidad & Tobago - Remedies of Creditors Act Ch 8:09

Water and Sewerage Ch 54:40
Property Tax Act 2009 s32
Valuation of Land Act Chap. 58:03
Bahamas - Judgement Act Ch 73

Real Property Tax Ch 339
REGISTER SEARCHES
1. Land Registry
2. Civil Registry – Pending Actions
3. Judgment
4. Companies Registry
The Covid-19 pandemic has accelerated the conversion of Registers to online access.
Additional material on this topic will be provided on TWEN.
Before completion the Purchaser's attorney-at-law must search in certain registers to discover,
if any, rights of third parties which are enforceable
Cases: Bellamy v. Sabine 1 DeG & J 566

Bull v. Hutchins(1863) 32 Beav. 615
83
La Touche v. Dunsany (1803) 1 Sch. & Lef. 137 at 157
Williams v. West (1899) 1 Ch. 132
Mildred Richards v Nasena Alladeen (1959) 1 W.I.R. 194
2.10 JUDGMENTS
Judgement - Register of Civil Proceedings and Orders affecting land.
1. A judgement is an order of the Court for a liquidated sum of money affecting title to
the land.
2. Once filed and registered it creates a charge on all the property owned by the
judgement debtor both present and future.
3. The register is set out in alphabetical order and it is against names and not land, that
the searches are made.
See Case CLR Limited v Charles Anthony Stoute for Barbados position Civil Appeal No. 1 of
2007 Supreme Court Judicature Act Barbados s33 (1).
Registration of Judgments Act Cap 210 S3 and 5
Trinidad & Tobago and Barbados

- Judgements are valid for 3 and 5 years respectively.
At the expiration of the period, they can be re-registered to preserve their priority.
e.g. 2003 - judgement
2005 - mortgage
2006 - due date for judgement to expire
N.B. But if re-registered, it dates back to 2003 not 2006.
Grenada
- No need to re-register the judgement. It remains in force for 12 years.
Dominica and St. Kitts and Nevis

- Judgements affect the land of the judgement debtor but does not affect title
in favour of purchasers, mortgagees or creditors unless the judgement
creditor file an application in the High Court for an order for sale of the
lands towards satisfaction of the judgement.
84
St. Vincent and the Grenadines
NOTE: section 29 - a judgment for money operates as a charge for land. The
judgment is in force for 6 years (2009 Amendment) and will affect the title to land
for the time it exists.
2.11 PENDING ACTIONS/LIS PENDENS
Lis Pendens
A pending action includes any action or any interest in land but does not include a claim
relating to an interest in the proceeds of sale of land. See Bullv v Hutchens.
Trinidad and Tobago
See Remedies of Creditors Act. No lis pendens shall bind a purchaser including a
mortgagee or lessee unless and until the lis pendens is registered.
It is valid for 3 years unless re-registered. See Mildred Richards v Nasena Alladeen
For effect of Lis pendens see Einarsen v Einarsen 1998 CA 44
All Territories except Trinidad and Tobago.
Register of Civil Proceedings i.e. Register where claims and other civil proceedings are
filed.
Common Law and Equity

While an action is pending with respect to title to land the transfer of that land shall be
subject to the decision of the High Court so that neither party can transfer the property in
dispute so as to affect his opponent adversely - i.e. a pending action binds all parties
whether they had notice of it or not.
Land and Building Taxes

Outstanding taxes operate as a first charge against land belonging to the owner; therefore
up-to-date tax receipts must be produced.
Water and Sewerage Rates

Same as above. In Trinidad and Tobago it is necessary to obtain a clearance certificate
from the Water and Sewerage Authority.
E-Filing and E-Conveyancing -Additional material on this topic will be provided on TWEN.
85
2.12 APPORTIONMENT AND INTEREST
Study Farrand -Ch. 10
COMPLETION
Completion on the part of the purchaser consists of:
(1) Acceptance of the title.
(2) Preparation and the tendering by the Purchaser of a conveyance of the land for
execution by the Vendor.
(3) Acceptance by the Purchaser of that conveyance when executed. This document must
be stamped with the appropriate stamp duty by the Purchaser and subsequently
registered by him.
(4) Payment of the purchase price or other consideration.
(5) Taking possession of the property. Students should note that possession may be actual
(e.g. vacant possession) or constructive.
Completion on the part of the Vendor consists of:
1. Conveying with a good title the property agreed to be sold.
2. Delivery of possession of land.
2.13 MERGER OF THE CONTRACT IN THE CONVEYANCE
The general rule is that after execution of the conveyance, the contract for sale merges in the
conveyance and any action arising from the contract must be founded on the conveyance. For
example if there is a misdescription in the contract and that misdescription is embodied in the
conveyance executed by the vendor, the purchaser cannot, after such execution, sue the
vendor for the misdescription contained in the contract. He must sue the vendor on the
covenants for title contained in the conveyance.
Eastwood v. Ashton (1915) AC 900

Re Wallis & Barnard's Contract (1899) 2 Ch. 515
86
To this general rule the following exceptions should be noted:
(1) Where the conveyance does not carry out the actual agreement between the parties
rectification may be available.
(2) Merger only takes place to the extent that the conveyance covers the same ground as the
contract.
Palmer v. Johnson (1884) 13 QBD 351
While the general rule as to merger applies in the case of misdescription, it does not apply (there
is no merger) if the contract contains a special condition that has not been fulfilled and other
cases mentioned in Farrand. Also collateral contracts are not merged.
Hisset v. Reading Roofing Co. (1969) 1 WLR 1757
2.14 CAPACITY TO CONVEY
PERSONS WHO HAVE POWER TO ACQUIRE AND DISPOSE OF

ESTATES AND INTERESTS IN LAND
Reading: Farrand 4th Ed. pp. 83-94, 108-109 or corresponding pages in Barnsley
3rd Ed.
Cheshire and Burn, 14th Ed. Ch. 10
Cheshire 12th Ed. pp. 210-236, 883-909
Owusu Ch. 9
Under this heading students should note the following categories of persons:
Conveyance to Self:
(i) A person may convey land to or vest land in himself. e.g. an assent by a P.R. in his own
favour
Trinidad and Tobago - Ch 56:01 S 25
Bahamas - Chap. 123 S 42
Barbados - Property Act Cap 236 S 80 (but not lease land to

himself) see also S 87(1)
87
Dominica - Ch. 54:01 - S 25
St Kitts and Nevis - Cap 10:04 - S 25
Grenada
- There are no similar provisions in these two Islands
St Vincent and
the Grenadines
(ii) A person may not grant a lease to himself
Cases: Rye v Rye 1962 AC 496

Napier v Williams 1911 1 Ch 361
Barbados - See conflict between S 80 (3) and S 87 (1) (which is S 82 (1) of the English LPA
1925), consider that S 82 (1) has been interpreted to mean that a person may now grant a lease
to himself whereas S 80 (3) Barbados Act specifically says that a person may not lease land to
himself.
Beneficial Owners:
These are persons who own estates in fee simple or leaseholds. This category includes:
(a) The Sole Owner:
(b) Co-owners:
Guyana - Immovable Property (Sale V) - Interests Cap. 60:01
Dominica - Real Property Chap. 54:02 S 14
Barbados - Property Act 1979 S 43 - 45
Co-owners may be either joint tenants or tenants in common. It is assumed that the principles
of land law on co-ownership are known and that the difference between a joint tenancy and a
tenancy in common is appreciated. But students are advised to revise by reading the relevant
pages of Cheshire and Burn or any other similar work on land law. For conveyancing purposes,
however, attention is drawn to two basic differences:-
88
(i) Creation - words of severance are necessary to create a tenancy in common but not a
joint tenancy.
(ii) The Doctrine of survivorship applies to a joint tenancy but not to a tenancy in
common.
In addition, the "four unities" must be present in a joint tenancy.
In reading the English text book ignore the statement that tenants in common cannot hold a
legal estate in land. This is English post 1925 law. In the West Indies tenants in common can
hold a legal estate in land in the same way joint tenants can.
For severance of joint tenancies see Cheshire 12th Ed. pp. 215 - 218.
When co-owners desire to divide their land so that each would hold a particular piece of the
land as his separate share, the transaction is effected by a Partition Deed after execution of
which each co-owner is said to hold his piece of land in severalty.
Corporations:
To ascertain whether a corporation has power to hold, dispose of or charge land see (i) for
companies incorporated under the Companies Act of your territory - that Act and the
companies' Memorandum and Articles of Association/ Articles of Incorporation (ii) for
companies incorporated by statute - the relevant statute (iii) for companies incorporated by
charter - the relevant charter.
The Crown or State:

All Crown or State land is usually vested in the Governor-General, President, or some other
official or authority (see relevant Crown or State Lands Acts). Crown or State land is conveyed
to or by that person or authority on behalf of the State or Crown. (see e.g. Commissioner of
State Lands Act (T &T).
Attorneys
A Power of Attorney tend to be construed strictly, so that it must be shown that "on a fair
construction of the whole instrument, the authority in question is to be found within the four
corners of the instrument either in express terms or by necessary implication.
Case: Re Bryant v Banque de Peuple (1893) AC 170 AT 177
89
A purchaser of any interest in or charge upon land should check any instrument creating a
Power of Attorney which affects his title. The donee of a Power of Attorney may execute any
instrument in and with his own name and signature. However, it is better to sign in the name of
the principal i.e. he will sign his name and then add "as attorney for and on behalf of the said
(principal). Also see note on Powers of Attorney in Unit 1
Mortgages
In the common law Caribbean (except, since 1990, in Barbados) a legal mortgage of land is
created in the same manner as it was created in England before 1926: (i) When the land is
freehold, the fee simple estate is conveyed by the mortgage deed to the mortgage by way of
mortgage subject to redemption (ii) when the land is leasehold, the mortgage deed vests the
term in the mortgagee by way of assignment or vests the term less a few days in the mortgagee
by way of sub-demise - subject in either case to redemption.
Reconveyances
As the mortgage deed vests the mortgaged property in the mortgagee, he must, after the
mortgage debt has been paid off, re-vest the estate in the mortgaged property in the mortgagor
by execution of a Deed called a Reconveyance. If this is not done the legal estate will still be
vested in the mortgagee.
Barbados: Since 1980: (i) a legal mortgage is effected by charge by deed: ss. 96, 98 Property
Act, 1979 and (ii) no reconveyance is necessary, the receipt mentioned in s. 123 Property Act
1979 being sufficient (there are exceptions with respect to this receipt), so students from
Barbados must study the whole of s. 123). Before 1980 legal mortgages were created in the
same manner as in England prior to 1926.
Mortgagors
A mortgagor is a type of Beneficial Owner who owns property in the mortgaged land called the
equity of redemption which may be sold, mortgaged, devised by will or devolve under the laws
of intestacy. This equity of redemption arises as soon as the mortgage is created. When the
mortgaged estate is the fee simple the mortgagor is usually said to be seised in fee simple
subject to the mortgage - a reflection of equity's attitude towards mortgages.
Commitment of Mentally Ill Persons

See relevant statutes
90
Tenants for Life
Trinidad & Tobago - Chap. 27 No. 16

Dominica - Chap. 54:01
Barbados - Property Act 236
St Kitts & Nevis - Settled Land Act Cap 10:17
Anguilla - Cap 278
Antigua - Cap 292
Tenants for Life/Settlements
A settlement consists of a disposition of property in a form which creates a succession of

interests in the property.
Common Law - Grenada, Trinidad and St. Vincent
It can be created
1. By a Direct Grant
e.g. X grants property to A for life with a remainder to B in fee simple.
A takes a legal life interest.

B takes a legal fee simple in remainder.
2. Under a Trust
e.g. X grants property to T1 and T2 on trust for A for life with remainder to B
in fee simple.
A takes an equitable life interest.
B takes an equitable fee simple in remainder.
Note: Trust may be a trust for sale or one without.

At common law when an intending purchaser examines the vesting deed of a life tenant, he
will see that the land is being held subject to a settlement.
e.g. habendum –
To hold the same UNTO AND TO THE USE OF A for his life and after his death UNTO
AND TO THE USE OF B in fee simple.
91
The Purchaser can then only purchase this property if he obtains the consent of both the life
tenant A and the remainderman B.
1. If he purchases from A, he can only obtain an interest for the duration of A's
Life.
2. If he purchases from B, he obtains the fee simple estate subject to A's right to
possession during A's Life.
TRINIDAD & TOBAGO- Leases and Sales of Settled Estates
1. The Court may authorise leases of settled land.

2. The Court may authorise the sale of settled estates where it is deemed proper and
consistent with due regard for the interests of all parties under the settlement.
3. Tenants for Life may grant leases for 21 years where he is entitled to possession.
BARBADOS, ANTIGUA AND DOMINICA
The aim of settled land legislation of the above territories was to prevent land from
being “tied up” indefinitely in the future, by enabling the Tenant for Life to dispose of
the property.
(1) The Act gave the Tenant for Life the power to sell, mortgage or lease the property.
(2) The effect of the legislation was to vest the legal interest in the property in the Tenant
for Life, as trustee with the remainderman holding an equitable interest.
The Tenant for Life could sell the property provided he complied with certain conditions:
1. He must obtain the best price reasonably obtainable.
2. The trustee/tenant for life must hold the purchase money in trust for the benefit of
those entitled under the settlement.
4. (1) The Act gave the Tenant for Life the power to sell, mortgage or lease the property.
(2) The effect of the legislation was to vest the legal interest in the property in the
Tenant for Life, as trustee with the remainderman holding an equitable interest.
92
1. The Tenant for life was therefore able to overreach the interest of the
remainderman.
2. The remainderman lost his interest in the property.
3. The interest of the remainderman/beneficiary is in the proceeds of sale.
Under the legislation, an intending Purchaser would obtain good title to the property,
so long as he pays the purchase money to the trustee and obtain a valid receipt.
Trustees:
See instrument creating the trust and relevant statutory provisions.
Minors:
Consider their capacity at common law and under statute.
Aliens:
See Aliens Landholding Regulation Statutes of the various territories. (There appears to be
none in Barbados - examine the position there).
Case: Chase Manhattan Bank v Kaffka (1984) 33 WIR 132, AI 1984 CA 2
Personal Representatives:
Devolution of Property on death.
By virtue of the Administration of Estates Act real property vested in any person who died
(without any right in any other person to take by survivorship) devolved upon his death to and
became vested in his personal representative or representatives from time to time
notwithstanding any testamentary disposition.
DEVOLUTION OF OFFICE OF EXECUTION –

CHAIN OF REPRESENTATION
Personal Representatives
Land which was formerly held by a deceased person, not ceasing on his death, passes to his
personal representative.
Exception
1. land held under a joint tenancy
2. land held by a life tenant
A personal representative may either be an Executor or an Administrator.
93
Executors - when a person dies testate the Executor must obtain a grant of probate
Executors exercise their powers jointly.
Chain of Representation
Executors hold the testator's estate as joint tenants
Therefore if a grant of Probate is made to A and B as executors, if A dies before B fully

administers the estate B has power to finish administering the estate.
Does Not Apply to Barbados

An executor of a sole or last surviving executor is the executor of the original testator.
e.g. C - E's executor
E executor (obtains grant of probate)

|
|
|
|
T Testator (Will)
T makes a will appointing E his executor. E is also the Executor of T’s estate. E makes a Will
appointing C his executor. If E dies before administering T's estate, when C obtains a grant
of E's estate, he will become the executor of T also by representation.
The Chain of Representation is broken:-
1. an intestacy
2. failure of a testator to appoint an executor
3. failure to obtain a probate of a will.
Where the Chain of Representation is broken, Letters of Administration with the Will
Annexed applies.
(1) a will with no executors appointed.
(2) executors appointed but they pre-decease testator
(3) executor renounces probate
94
SEMINAR ACTIVITIES AND QUESTIONS ON TITLE
ACTIVITY 1 - Examine the example of abstract of title given on page 65.
(a) Identify the root of title.

(b) Identify the chain of title.
(c) What documents would you require if your client were purchasing the
property from the Personal Representative of Kay Harris?
(d) What documents would you require if your client were purchasing the
property from the beneficiaries of Kay Harris?
Question 1
The title deduced under an open contract for the sale of freehold land known as “Belmont”
made between V, the Vendor and P, the Purchaser, consists of the following:-
March 8, 1944 - Deed of Gift A to B of “Belmont”

May 1, 1970 - Legal mortgage of “Belmont” B to M & Co. Ltd.,
to secure a loan of $15,000 with interest.
June 3, 1985 - Receipt signed by the secretary of M & Co. Ltd.,

acknowledging payment of B of all monies due on the
security of the Mortgage.
August 1992 - Death of B. By his will dated December 15,1985 B

appointed E1, E2 and E3 his executors and made the
following devise: “I devise all my realty to my son C.”
January 4, 2019 - Conveyance on Sale C to V of “Belmont”.
Advise P fully on the title.
Question 2
The abstract of title for the parcel of freehold property known as “Queenslanding” in your
territory reveals the following:
95
1958 Deed of Conveyance on sale from Cersie Land to Jeff and Sansa Land as
joint tenants
1960 Death of Jeff
1975 Last will and testament of Sansa appointing Arya Starky her adult daughter,
executrix and sole beneficiary leaving all of her real and personal property to
Arya
1986 Death of Sansa
1990 Deed of Gift from Arya to Jon Snow absolutely
2010 Deed of Mortgage by Jon to Nightwatch Bank to secure the sum of

$2,000,000 for the term of 20 years
2019 Judgment registered against Jon by Wall Finance for the sum of $350,000
Danny Dragon has agreed under an open contract to purchase the property from Jon at the
price of $4,000,000.
Advise Danny fully on title.
Question 3
List the completion documents required for the transaction in Question 2. Give reasons for your
answer.
Question 4
With what questions would you be concerned if, acting for the purchaser, you found that:-
(i) the Vendor is a limited liability company;
(ii) one of the documents of title was executed under a power of attorney;
(iii) one of the Vendors is a minor;
(iv) the Vendor is a Mortgagee selling under his power of sale;
(v) the Vendor is the Personal Representative of a deceased person;
(vi) the Vendor is a tenant for life.
96
Question 5
The title of leasehold property “the Burrows” consist of the following:
1934 Fee simple sale of the Burrows” Mark to Gillian

1935 Lease of “the Burrows” Gillian to Dexter for a period of 199 years
1951 Deed of sub-lease “the Burrows” Dexter to Patrick for 150 years
1958 Death of Patrick, testate. By his will, whereby he appointed James his executor, he
devised and bequeathed all his real property to his wife, Monica, and two children, Peter
and James as joint tenants. At the time of his father’s death, Peter was 16 years old.
1960 Grant of Probate of Patrick’s will to James

1977 Mortgage of “the Burrows” to Money Bank Limited to secure a loan of $100,000.
1979 Receipt evidencing repayment of the mortgage loan to Money Bank Ltd.
1983 Death of Monica intestate, leaving surviving Peter and James, her two children
1994 Assignment of “the Burrows” by Peter and James to Quick Mix Co. Ltd.
2017 Judgment in the High Court, CV2013-0251, registered against Quick Mix Co. Ltd by
Harry to secure the sum of $81,000
2018 Sub-lease of “the Burrows” by Quick Mix Co. Ltd to Fancy Maid Co. Ltd for 25 years.
Quick Mix Co. Ltd, under an open contract, has agreed to sell to High Rise Co. Ltd. its
leasehold interest in “the Burrows” and Fancy Maid Co. Ltd has agreed to grant an underlease
to Jennifer for 10 years.
Advise High Rise Co. Ltd. and Jennifer fully on the title to the interest in the property they have
agreed to purchase.
97
OF TITLE
YEAR II
UNIT 3
98
UNIT 3
3.1 BASIC LETTER WRITING FOR CONVEYANCING
During your practice as an attorney at law you would have written hundreds if not
thousands of letters. These letters may be cover letters, pre action protocol letters or client
care letters. All of these letters are by necessity formal written correspondence.
This Unit seeks to make you aware of the formalities of writing letters, tips on the actual
letter writing and give you examples of the types of common conveyancing letters. This
Unit is by no means exhaustive and there are many legal writing texts available. A useful
reference book is “A Practical Guide to Lawyering Skills”, (3rd edn) by Fiona Boyle,
Deveral Capps, Phillip Plowden and Clare Stanford; Cavendish Publishing.
Date and Addressee

These are the first mundane things to start with but are very important. The top of the letter
should have the date the letter is written and the address of the person to whom it is being
sent.
References should also be at the top of the letter if applicable.

The letterhead should set out simply the name of the attorney at law or firm and all contact
information.
Salutations
Your letters should salute or address the person to whom it is being written. Common
salutations “Dear Sir” or “Dear Madam”. If you do not know the person you can safely
write “Dear Sir”.
“Dear Sirs” being used for firms, business or a company.
Headings
Your letters should always contain a heading, which should start “Re:….” This heading
describes the subject matter of the letter. For conveyancing letters it usually refers to the
parties, the particular transaction and some even go further to contain a short description of
the property being dealt with. This way the Reader will know the subject matter of the
letter.
If the letter is being written “without prejudice”, is “private and confidential” or is “by
facsimile only” put these words boldly close to the heading.
99
Opening Paragraphs
You can safely refer to previous correspondence (letters, emails or telephone calls) or the
subject matter at caption.
If it is the first letter being written always state the party for whom you are acting.
Enclosures
At the bottom of the letter indicate by the abbreviation “Encl.” beneath the signature if there
are any enclosures. Also do not forget to include the actual enclosures in the letter at the
back in the order to which they referred to in the letter.
If the letter is being copied to anyone else, then the abbreviation “cc” (carbon copy)
followed by the names of the recipients should be included.
Emails
If the email is being used as a means of formal communication then you may want to adapt
some of the letter writing requirements above.
Drafting Tips
 Opening: why am I writing?
 Use clear and precise language
 Be legally correct
 Cover all your points
 Pay attention to the tone of the letter
 Closing: What happens next?
 Reread the letter to ensure it accurately conveys your purpose
 Check the spelling and grammar before it goes out
100
3.2 PRECEDENTS OF COMMON CONVEYANCING LETTERS
1. REPORT ON SEARCHES AND REQUISITIONS

(FIRM OR ATTORNEYS LETTERHEAD)
November 25th, 2008
Mr. Joe Public

Main Road, BY HAND
Busy Corner
Dear Sir,
Re: TITLE SEARCHES OVER PROPERTY SITUATE IN THE WARD OF

CENTRE VILLE TOWN COMPRISING 466.3M² KNOWN AS LOT NO. 53
(“the Property”)
We refer to the above captioned and to your facsimile instructions of Friday 14th November,
2008 to conduct searches on the Property.
We write to report that our title searches have revealed that the Property is vested in Kevin
Mohammed in fee simple subject to a subsisting mortgage registered as No. DE2006
D001 made in favour of Scrimpbank Trinidad and Tobago.
There are no lis pendens affecting the Property, however, our searches have revealed the
existence of a judgment registered as No. JS2006 D001 against one, Kevin
Mohammed. A copy of the memorandum of the minute of the final judgment is hereto
attached for your easy reference.
If it is that the judgment debtor is not the same person as the Vendor, kindly forward to us a
letter from the judgment creditor’s Attorneys to that effect. If it is that the Vendor is the
same person as the judgment debtor, we would require sight of the registered Memorandum
of Satisfaction of the judgment debt AND Notice of Cancellation/Withdrawal of the
judgment.
Please note that if the Vendor at his own cost requires us to write to the judgment creditor
to ascertain the above, we would need to be provided with his written instructions and valid
copies of his identification.
If you are proceeding with a mortgage over the Property we would require the following
items:
1. Deed of Release for the abovementioned subsisting Scrimpbank mortgage duly
executed in escrow OR the name and address of the Attorneys’ preparing same so
that we may liaise with them.
2. Confirmation that the Attorneys’ fees for preparation and registration of the said
Deed of Release have been paid OR alternatively, their invoice for settlement.
101
3. Up-to-date settlement letter from Scrimpbank Trinidad and Tobago Limited.
4. Your written instructions to prepare the Deed of Conveyance on your behalf.
5. Copy of signed Letter of Offer.
6. Copy of valuation report (if any).
7. Agreement for Sale.
8. Completion certificate for the dwelling house constructed on the property.
9. We advise that prior to completion you undertake investigations of the captioned
property to ensure that there are no tenants or unlawful occupation or
encroachments by third parties.
Please be guided accordingly and we await your response herein.
Yours faithfully,
---------------------
Smart Boy
Attorney-at-law
Too Bright and Associates
102
2. LETTER ASKING PARTY TO COMPLY WITH REQUISITIONS AND TO
COMPLETE
June 25, 2011

BY FAX AND POST
Mrs. Simran Singh
Alex Street
Tarrytown
Dear Sir,
Re: PROPOSED CONVEYANCE FROM YOURSELF TO ALI MOHAMMED

OVER PROPERTY SITUATE IN THE WARD OF ST. JAMES
COMPRISING 464.5M² AND KNOWN AS LOT #5
We act on behalf of Mr. Ali Mohammed, the Purchaser, and refer to the captioned matter.
We write to advise that the time for completion expired on the 25th June 2011 and you have
not supplied us with our requisitions, namely:
1. Up-to-date receipt for WASA charges.

2. WASA Clearance Certificate
3. Town and Country Planning and Local Health Authority approvals for the
subdivision of the captioned property.
4. Written confirmation from the relevant Regional Corporation that the road that
abuts the captioned property on its western boundary is either a public road or has
been adopted by the said Regional Corporation.
Our client is ready, willing and able to complete this transaction and call upon you to
complete same within fourteen (14) days of the date hereof time being of the essence;
failing which our client will be constrained to take the necessary legal steps to complete this
transaction.
Please be guided accordingly.
Yours faithfully,
………………………………
Starr Bright
Attorney-at-law
cc. Mr. Ali Mohammed
103
3. LETTER ASKING PARTY TO COMPLETE
May 2, 2011
BY FAX AND POST
Messrs. Babyface & Company
Attorneys-at-Law
Green Streets
Musictowne
Attention: Ms. Deborah Babyface
Dear Sirs/Madames,
Re: AGREEMENT FOR SALE MADE BETWEEN LADY GAGA OF THE ONE
PART AND USHER BRYAN OF THE OTHER PART OF A PARCEL OF
LAND SITUATE IN THE WARD OF SAN RAFAEL COMPRISING 5,949.3
M²
We act on behalf of our client, Ms. Lady Gaga, and refer to the captioned matter and to your
letter dated April 2nd, 2011.
We write to advise that our client is ready, willing and able to complete this transaction and
call upon your client to pay the balance of the purchase price in the sum of Two hundred
and ten thousand dollars (210,000.00) within 14 days of the date hereof time being of the
essence.
As you would appreciate, a period of 53 days has now elapsed from the date fixed for
completion of the said Agreement for Sale.
Yours faithfully,
………………………….
Starr Bright
Attorney-at-law
cc. Ms. Lady Gaga,

Grammy Bank Limited, Record Plaza,
Main Road, Music Towne.
104
4. LETTER MAKING A REQUEST AND STATING CLIENTS POSITION
Justice League Chambers

STARR BRIGHT Upper Floor
ATTORNEY-AT-LAW Vincent Street
LLB (HONS, UWI) LEC
YOUR TERRITORY
Tel: 868 668 7482 F. 668 4482
20th July 2011

Mr. Robert Maraj
Attorney-at-Law
Caronation Road
Santa Maria
Dear Sir,
Re: Agreement to Purchase Land dated 13 May 2011 between John Smith and
Pixie Limited to purchase Parcel 17P-Q, Field 17, Santa Maria
I act on behalf of Pixie Limited, the Purchaser in the agreement at caption.
At the time of execution of the said agreement you acted for the Vendor Mr. John Smith
and you are also party to the agreement as the Stakeholder.
I was recently informed by you that your client, the Vendor, had regrettably passed away
sometime during the month of June. I shall be grateful if a copy of his Death Certificate is
forwarded to me as soon as possible for my records.
Please be advised that my client Pixie Limited, the Purchaser, is ready willing and able
to complete the said agreement.
My clients are ready to pay the balance of the purchase price to the Legal Personal
Representative of the Vendor. Kindly therefore advise as to whether any steps have been
taken to obtain a Grant of Representation of the Vendor’s estate.
My client reserves all its rights in this matter, including but not limited to its rights under
clause 8 of the said agreement.
Yours faithfully,
Starr Bright
Attorney-at-law
cc. Pixie Limited
105
5. INDEPENDENT LEGAL ADVICE LETTER
REPUBLIC OF TRINIDAD AND TOBAGO
TO: Money Bank Limited

City Mall
Gravy Town
At the request of SARAH CLUELESS of Cemetary Road, Sun Road, Freetown in the
Ward in the Island of Trinidad, part owner of a parcel of land comprising SIX HUNDRED
AND THIRTY NINE POINT ZERO SQUARE METRES (639.0m²) situate in the
Borough of Chaguanas in the Island of Trinidad together with the dwelling house
constructed thereon known as Number 20 (“the Property”). I the undersigned do hereby
confirm that I have given Independent Legal Advice to the said SARA CLUELESS with
respect to the nature, effect and practical implications of the proposed mortgage transaction
herein, and the obligations and liabilities which she proposes to undertake under and by
virtue of same. I am satisfied that she is aware that the mortgage is made between the said
JIM CLUELESS AND SARAH CLUELESS as Landowners of the first part JIM
CLUELESS as Borrower of the second part and MONEY BANK LIMITED (“the Bank”)
as Lender of the third part to secure the sum of $1,000,000.00. She is also aware that the
purpose of the mortgage loan is solely for the purchase of the Property.
I have spoken to the said SARA CLUELESS individually and in her presence alone and I
am satisfied that she is not under any undue influence and/or that no undue influence is
being exercised upon her in this transaction and/or that no force, duress or coercion is being
exercised against her by the said proposed mortgage transaction.
The said SARAH CLUELESS is aware that if there is any default in payment of the loan
or in compliance with the terms of the mortgage, the security for the loan, that is to say the
Property above would be sold by the Bank together with any buildings constructed thereon.
The said SARAH CLUELESS is also aware of the right and power of the Bank to
upstamp the Mortgage from time to time to cover the total liability of the said JIM
CLUELESS to the Bank.
The said SARAH CLUELESS declares that she will at no time in future set up any title or
claim adverse to the Bank created by the mortgage herein.
Dated this 29th day of June, 2011
…………………………………….
Starr Bright
Attorney-at-law
106
I have been advised that the purpose the Bank requires this confirmation from me is to
prevent any dispute and that the parties to the proposed mortgage transaction are legally
bound. I hereby acknowledge that all of the statements made in this certificate are true and
that Starr Bright, Attorney-at-Law in advising me herein was consulted by me as my
personal attorney-at-law and in my interest only.
……………………………………………
SARAH CLUELESS
SEMINAR ACTIVITY AND QUESTION
Question 1
Draft a letter to Taylor Farst on behalf of Drake Redman and Kardee Beem seeking to settle
their matter.
(Unit 1 Question 1.)
107
OF TITLE
YEAR II
UNIT 4
108
DEEDS – DRAFTING, CONSTRUCTION,
EXECUTION, ATTESTATION, STAMPING
AND REGISTRATION
Reading: Farrand: 4th Ed. pp. 242-258 (omitting the parts on Registered
Conveyancing)
Barnsley: 3rd Ed. - Chap 16 and Chap 17 or corresponding pages in
Gibson or Emmet
LEGISLATION:
Bahamas - Cap 123 S 6-9 Part IX
Trinidad & Tobago - Ch.56:01, S 2, 3, S. 6(7), 9-22, 83-86.
Dominica - Ch. 54:01 S. 2, 3 S. 6(7) 9-18, 20-22, 88-91.
St Kitts and Nevis - Cap. 10:04, S.2, 3, S.6(7), 9-18, 20-22, 88-91.
Grenada - Cap. 68, S.2-3, S.20-32.
Barbados - Property Act Cap 236 S2 Part V
St Vincent and - Real Property Act Cap. 331

the Grenadines
4.1. DRAFTING DEEDS – POINTS TO CONSIDER
1. Whether your instructions are sufficient and clear.
2. Who are the necessary parties and the order in which they should be set down.
3. The points to be covered by the recitals and summarise them in chronological order.
4. What express covenants (if any) and what exceptions and reservations (if any) are to
be included in the document.
5. Especially when the matter is complex, whether any future situations may arise,
financial or personal to the parties, or otherwise, which should be covered.
109
6. Whether you would use schedules and if so what schedules. Schedules are commonly
employed for setting out for example:
(a) a description of the property.
(b) estate or other covenants.
(c) lists of deeds to be acknowledged.
(d) lengthy recitals.
(e) description of rights of way
Then proceed to draft:
Follow a precedent wherever possible and adhere to the technical legal language usually
employed but ensure that technical words are used in their proper significance. Remember
that most of the technical language used in deeds has passed the test in actual cases in court.
A word of warning, however, on the use of precedents. Bear in mind that apart from
Barbados, our law in the West Indies is in the main either the English pre 1926 or pre 1882
law. For example the Statute of Uses has been repealed in England and most of the English
"curtain" and "overreaching" principles do not apply so you must know and apply your own
conveyancing and property law. The pre-1926 precedents are the ones to use. Since the
Property Act 1979 came in force, the law in Barbados is similar to English post 1925 law,
so current English precedents should be used. There is a set of the 1902 edition of Enc. of
Precedents & forms in the Library.
In describing a person or thing use the same word of description throughout the document.
For example, if at the beginning of a deed you write "Between TOM JONES etc.
(hereinafter called the VENDOR)" thereafter refer to him throughout the document as the
"Vendor" and not as the "Vendor" in some parts and as "Tom Jones" in other parts. Strive
for continuity of language in all your drafting.
Draft in the following order:
1. The appropriate commencement and the date.(The heading may consist of the
jurisdiction and a preparation certificate).
2. The parties. Set out the names of the parties fully - christian or first name, middle and
surnames, and avoid using initials. Add their addresses followed by their occupations
110
or descriptions. The general order of the parties is usually - first the owner/party
selling next the parties who must join in to convey/receive the purchase price finally
the purchaser/grantee, but depending on the nature of the transaction, it may be
desirable to put the person in whom legal estate is vested first, then persons holding an
estate in a representative capacity next etc.
3. The recitals.
4. Testatum.
5. Consideration - this can consist of valuable consideration (money or money's worth or

marriage) or good consideration (love and affection).
6. Receipt clause - if money is passing.
7. Operative words. Remember that by statute certain covenants of title may be implied,
depending on the capacity in which the Vendor (or other person conveying) conveys
and is expressed to convey. See s. 27, C.L.P. Statutes of T & T, Dominica and St.
Kitts and Nevis; s. 4 Cap. 64 of Grenada; ss. 81-88 of the Property Act Cap 236,
Barbados; S7 Bahamas.)
8. The parcels, which describe the property being conveyed.
9. Exceptions.
10. Reservations.
11. The Habendum. This states the estate or interest taken by the Purchaser/Grantee and
any encumbrance, lease, restrictive covenants to which the land is sold subject. In all
the territories, except St. Vincent and the Grenadines and Barbados, when a fee simple
estate is being conveyed the habendum is worded "TO HOLD the same UNTO and
TO THE USE of the Purchaser/or Grantee in FEE SIMPLE" and if the property is sold
subject to already existing encumbrances or covenants you must add "Subject to ....."
(and you would there and then specify the encumbrances or covenants). Trinidad and
Tobago, Dominica and St. Kitts and Nevis students should compare s15 of their
Conveyancing & Law of Property Statutes with s60 (1) L.P.A. 1925 (U.K.). It appears
that the words of limitation "in fee simple" are sufficient but not necessary. But read
the case of May v. Platt (1900) 1 Ch. 616 and ask yourself this question:
"If I leave out the words of limitation `in fee simple' does my client get the benefit of
111
the implied covenants for title?'
There is the presumption that one can only pass what one has. The effect of not putting
in the proper words of limitation is that the proper estate will not pass or even if it
passes it may create ambiguity.
Conveyancers always put in the words of limitation. Follow the practice.
In Barbados, as the Statute of Uses has been abolished, the words "and TO THE USE
OF" are omitted from the habendum.
Grenada students should compare s. 22 of Cap. 64 (G) with s. 51 of the Conveyancing

Act, 1881 (U.K.) They are the same. Words of Limitation are necessary. The words
"in Fee" are not sufficient to pass the fee simple - see Re Ethel v Mitchell's contract
(1901) 1 Ch. 945. So put in your own words of limitation.
In St. Vincent and the Grenadines the law is pre 1880 English Law and the proper
words of limitation are "and his heirs forever" (the words necessary at common law to
convey a fee simple estate).
12. The schedule(s) if any. These may also be placed after the Testimonium but before
the Attestations.
13. The testimonium.
14. Finally, attestation clauses- pay attention to who needs to sign or execute the Deed.
Reference should be made by all students to the Conveyancing Act, 1881 (U.K.)
(a) S. 6 - General words.

(b) S. 7 - Covenants for title.
(c) S. 38 - Covenants to bind heirs etc.
(d) S. 39 - Covenants to extend to heirs etc.
(e) S. 63 - The all estate clause.
If there are no similar enactments in your territory the English pre 1881 law on these points
will apply.
15. AFFIDAVITS OF DUE EXECUTION/ACKNOWLEDGEMENT OF SIGNATURE.
112
4.2 PARTS OF A DEED
A. INTRODUCTION – Territory heading, preparation clause
B. PARTIES
C. RECITALS – These start with the words “WHEREAS” and give a short history of
the transaction. Usually starts with the vesting Deed and last recital states what the
parties are purporting to in the Deed.
D. CONSIDERATION
E. RECEIPT CLAUSE – This clause acts as sufficient discharge and there is no need
for a separate receipt.
F. COVENANTS FOR TITLE
Reading: Farrand 4th Ed. pp. 258-280 (omit part on registered conveyancing) or
Barnsley 2nd Ed. pp. 618-639 or
Emmet 3rd Ed. Chap 23
Breach of Covenants in Conveyance – Damages Mc Gregor 15 Edn pg 916-
954.
LEGISLATION
Trinidad & Tobago - Ch. 56:01 12 ss. 9, 11, 13, 15, 19, 27-31
St. Kitts and Nevis - Cap. 10:04, ss. 9, 11, 13, 15, 19, 27-31.
Grenada - Cap. 68, ss. 4, 22, 28, 29
Dominica - Conveyancing and Law of Property Act ss. 9,

11, 13, 15, 19, 27-31.
Barbados - Property Act Cap 236, ss. 55, 63, 64, 69, 80-88
and First Schedule.
St. Vincent and the - No legislation (express clauses)

Grenadines
113
English Legislation - S. 7, Conveyancing Act, 1881, s. 76, Law of
Property Act, 1925.
Bahamas - S6 Ch. 123
COVENANTS FOR TITLE
Covenants for title have their roots in the English feudal system. In ancient times a
conveyance, then called a charter or deed of feoffment, was usually made by a lord to his
inferior. The grantee became the tenant of the lord or grantor - remember the doctrines of
tenure and of estates.
Express Warranty:
A charter or deed of feoffment in most cases contained an express warranty by which the
grantor agreed that he and his heirs would warrant, acquit and forever defend the grantee and
his heirs against all persons. Under this express warranty the grantor and also his heirs were
bound to give to the grantee or his heirs lands of the same value, in case of eviction of the
grantee or his heirs by any person having a prior title: Co. Litt. 365a.
Implied Warranty:
When the charter or deed of feoffment contained no express warranty the "give" or the "grant"
used in it had the effect of an implied warranty. But in this case the warranty was confined to
the grantor only and did not extend to his heirs.
These forms of warranty (the express and the implied) went out of use a long time ago and
were replaced by first of all express covenants for title (see hand out to Lectures 8 & 9) and
afterwards by covenants for title implied by statute.
Nowadays the use of the word "give" or "grant" in a deed does not imply any covenant in law:
See ss. 55(2), 63(2) Property Act (Barbados) and ss. 9, 11 and 13(2) Conveyancing and Law
of Property Statutes of Trinidad and Tobago, Dominica and St. Kitts and Nevis, S13 (2) Ch
123 (Bahamas).
Covenants for title may be qualified or absolute.
The qualifying words in express covenants for title:

"Notwithstanding anything by the vendor or any or his ancestors or testators made, done,
executed, or omitted, or knowingly suffered".
114
The qualifying words in covenants for title implied by statute:
"Notwithstanding anything by the person who so conveys, or anyone through whom he

derives title otherwise than by purchase for value, made, done, executed, or omitted, or
knowingly suffered ... (in which covenant a purchase for value shall not be deemed to include
a conveyance in consideration of marriage":
See s. 7(1) (A) and (B) Conveyancing Act, 1881 (U.K.) s.4, Cap. 68 (Grenada).
USUAL EXPRESS COVENANTS FOR TITLE BY A VENDOR

IN A CONVEYANCE ON SALE OF FREEHOLDS
Qualifying Words: The Vendor for himself, his executors and administrators hereby
covenants with the Purchaser and his heirs and assigns that notwithstanding anything by the
Vendor or any of his ancestors or testators made done executed or omitted or knowingly
suffered.
(a) Good Right The Vendor now has good right to convey the said
to convey hereditaments unto and to the use of the Purchaser and his
heirs and assigns in manner aforesaid.
(b) Quiet And that the Purchaser and his heirs and assigns shall and
enjoyment may at all times hereafter peaceably and quietly possess and
enjoy the said hereditaments and receive the rents issues
proceeds and profits thereof without any lawful interruption,
claim or demand whatsoever from or by the Vendor or any
person lawfully or equitably claiming from under or in trust for
him or any of this ancestors or testators.
(c) Freedom from And that the Purchaser and his heirs and assigns shall and
incumbrances may at all times have and hold the said hereditaments free from
all incumbrances made or suffered by the Vendor or any of his
ancestors or testators or any person rightfully claiming by
through or under in trust for him or them respectively.
(d) For further

assurance AND FURTHER that the Vendor and every person having or
rightfully claiming any estate or interest in the said
hereditaments by through under or in trust for the Vendor or
any of his ancestors or testators will from time to time and at
all times on the request and at the cost of the Purchaser or his
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heirs or assigns execute and do all such lawful assurances and
things for further or more perfectly assuring the said
hereditaments to the Purchaser and his heirs and assigns as by
him them or any of them shall be reasonably required.
G. PARCELS AND OTHER CLAUSES
Reading: Farrand, pp 272-295; 302; 304-307 and corresponding pages in

Barnsley/Emmet.
LEGISLATION
Dominica and
St. Kitts and Nevis - Ch 10:04, No. 12, ss. 12, 15, 19
Grenada - Cap. 64 s. 22, 27-39
Barbados - Property Act, Cap 136, ss. 61, 62, 64, 69 and 3rd Schedule.
Bahamas - Ch. 123 S6
PARCELS:
Purchaser's Entitlement to a plan (At Common Law)

A plan is usually prepared at the purchaser's expense but the Vendor may be put through the
expense of paying a surveyor in order to have its accuracy verified. And sometimes it may be
important to determine whether the Purchaser can insist on having the property conveyed to
him by reference to a plan. These three situations will be considered:-
(1) A Vendor cannot refuse to convey by reference to a plan if the property is so described in
the contract and it seems that he cannot object to an accurate plan prepared by the
Purchaser should the contract plan prove to be inaccurate.
(2) In a case where the Vendor has agreed to sell by verbal description, can the purchaser
insist on a plan. Study the following three cases:-
(a) In re Sparrow's Contract (1910) 2 Ch. 60 it was held that it was the duty
of the Vendor to describe the property with reasonable certainty and that as the
verbal description in the draft deed was insufficient or unsatisfactory, the
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purchaser was entitled to have the property conveyed by reference to a plan.
(b) In Re Sansom (1910) 1 Ch. 741 at pp. 749-750 it was held that in all
simple cases in which a plan would assist the description (words underlined
omitted from the headnote of the case) the purchaser has a right to have a plan
on the conveyance. This decision has been criticized as unsatisfactory and
wrong in principle: See, e.g. Williams on Vendor and Purchaser 4th Ed. at p.
651.
(c) In re Sharman's Contract (1936) Ch. 755 it was held that a verbal
description stating the boundaries and the number of the house being sold was
sufficient and that the Purchaser was not entitled to require the Vendor to
agree to a plan. And at p. 759 the following rule was laid down:
"If, in order that there shall be a sufficient and satisfactory identification of the
land sold, a plan is necessary, then ... the Vendor is bound to convey the land by
reference to a plan. But ... if it is possible to convey the property by a sufficient
and satisfactory identification without a plan, and if the use of a plan throws
upon the vendor an expense which is not necessary, then it is not right to say
that a purchaser can insist upon a vendor going to that additional and
unnecessary expense."
The learned trial judge went on to explain and perhaps restrict the decision in Re Sansom:
See pp. 759-760. The decisions in Re Sharman's Contract and in Re Sansom are difficult to
reconcile, and it is thought that Sharman is the better decision. See also Eastwood v Ashton
(1915) AC 900
Note: The modern practice is to advise the Vendor to obtain a plan where one did not exist
before - it is worth the expense.
Fixtures, Roads, etc.
Fixtures, mines and minerals form part of the land and will go with it on a transfer without
any express reference unless reserved by way of exception. And there is a presumption with
respect to private roads and river beds and also hedges adjoining ditches and forming part of a
boundary to land: Study the relevant material in the textbooks and cases.
HOW TO READ A SURVEY PLAN?
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H. EXCEPTIONS AND RESERVATIONS
I. IMPLIED RIGHTS
J. EASEMENTS
K. RESTRICTIVE AND OTHER COVENANTS
L. THE HABENDUM
Noel v Philbert Noel 1959 1 WIR 300
Welch v Robinson 36 WIR 107
M. REDENDUM –on the grant of a lease the habendum is followed by the redendum
clause which specifies the amount of rent and the time it is payable.
N. THE COVENANT, OR THE ACKNOWLEDGEMENT AND UNDERTAKING

FOR PRODUCTION AND SAFE CUSTODY OF DOCUMENTS RETAINED
Then follows (where necessary) either -

(a) The covenant for Production and Safe Custody of Title Deeds retained by the Vendor, or
(b) The Statutory Acknowledgement and Undertaking for Production of such deeds.
You must know whether one of these clauses should be inserted in a deed and if so, which.
This is best explained by giving an historical account.
(1) At common law the rule is that on completion the Vendor must, in the absence of
agreement to the contrary, hand over to the Purchaser, all documents of title in his
possession which relate solely to the land sold. Parr Lovegrove (1858) 4 Drew 170;
Re Duthy & Jessons Contract (1898) 1 Ch. 419.
However, the Vendor need not do so if he has retained land to which the documents relate of
A GREATER VALUE than the land sold: See Sugden on Vendor and Purchaser 433, 434.
(2) S. 2 Vendor and Purchaser act 1874 (U.K.) r.r. by s. 45 (9) LPA 1925 gave the
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Vendor the right to retain the documents of title once he has retained land to which
they relate irrespective of its value.'
This provision has been enacted in Barbados (for which see S. 51(8) Property Act 1979) but
not in the other jurisdictions of the W.I. where there is conveyancing by deed - so the common
law position applies in these territories.
COVENANT:
In England before 1882, when the vendor retained title deeds, it was the practice for him to
enter into a covenant for their Safe Custody and Production. But if the vendor was a trustee,
mortgagee or personal representative it was the practice for him to give a restricted covenant -
one for safe custody only. This was the position in Barbados up to 1979. The reason for the
Covenant is obvious. A purchaser may subsequently wish to sell and, in order to prove title,
he should be in a position to compel the vendor to produce the deeds.
In the absence of such a covenant, the purchaser had an equitable right to production of the
deeds. But this right was not available against a bona fide purchaser for value from the vendor
when those deeds came into the lands of that purchaser without notice of the right.
As you would have noticed from the form of conveyance in an earlier handout, this covenant
is a very lengthy one and in an effort to cut down on the length of conveyances, s. 9 of C.A.
1881 (UK) replaced by s. 64 L.P.A. 1925 was passed authorising the substitution of a short
form of agreement called an Acknowledgement of the right to production and an Undertaking
for the safe custody of title deeds retained by the vendor. This provision has been enacted in
St. Kitts in s. 18 of C & L.P.A., in Barbados in s. 68 Property Act 1979 and in Bahamas Ch.
123 s.9. Read these sections and note the obligations imposed on the vendor and the other
provisions of the vendor.
Trinidad & Tobago: s.9 is also enacted in s. 18 Ch 56:01 but as original title deeds are kept by
the Registrar General, the section is of no practical use and is ignored by conveyancers.
St. Vincent and the Grenadines: There is no legislation on point. The covenant is not
necessary because by Registration of Documents Ordinance the original title deeds are kept at
Deed Registry.
Grenada: The form of conveyance on sale in Form III, Third Schedule contains a form of
Acknowledgement and Undertaking but it is meaningless and of no practical use as there is no
section in terms of s. 9 C A 1881 to back it up. So in Grenada whenever the vendor retains
the title deeds, insert in your conveyance the old form of covenant. But it is found that
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practitioners there do not do this.
O. CERTIFICATE OF VALUE:
This is necessary in Barbados, but not required in the other territories as the stamp duty is ad
valorem.
P. TESTIMONIUM AND ATTESTATION CLAUSES come after covenants. There

must be one testimonium for all executing parties. But separate attestations for each capacity
of parties.
How does a Company execute?
Q. SCHEDULES should be placed above attestations as, if placed below, the executing
parties should sign again.
THINGS TO BE DONE AFTER DRAWING:
But the conveyancer's task does not end with the preparation of the document. He must know
what next to do to make his deed valid and effectual.
(a) He must submit his draft to the vendor's attorney for approval and sometimes
suggested amendments are made before final approval. After approval, the
document is engrossed - a clean or final copy is made.
(b) Execution:
Entails -
(i) Reading over - special care being taken if an executing party is a marksman i.e.
he is unable to write through illness, illiteracy, blindness etc.
(ii) Marksman - special form of attestation and mode of signing "his X" or thumb
mark. Latter appears mark in correct mode of signing. In Grenada, by virtue
of the provisions of the Protection of Illiterate Persons Act, whenever a party
executing is a marksman, the document must be signed for him by an official
Attestor.
(c) Sealing - not necessary in Trinidad and Tobago, except in case of a company, because
of the provisions of s. 6 of the Registration of Deeds Act Ch. 19:06, but necessary in
all the other territories - wafer seal (not wax).
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(d) Delivery - deed takes effect from date of delivery - actual "I deliver this as my act and
deed" or implied from the circumstances - Escrow-conditional delivery.
(e) Attestation - by a witness other than a party to the deed - usually the conveyancer's
clerk. s. 71(2)(b) and (3) Barbados Property Act 1979. In Trinidad and Tobago by s. 7
of Registration of Deeds Act Ch. 19:06 the deed must in addition, be attested by a
qualified functionary (s.2).
Execution by Attorney:
A power of attorney is an authority from one person to another to do some act - to sell land
and execute the deed. If it is a power to sell lands it must be by deed (Co. Litt 516, 526) and
in the W.I. a power of attorney must be registered in the appropriate register. A power of
Attorney is also known as a deed poll.
The principal and not the attorney must be named as the party to the deed. (Re. Witney (1886
32 Ch. D. 337). At common law the attorney must execute in the name of the principal,
otherwise the execution is void. (Coombe's Case 1613) 9 Co. Rep. 75 a, 75b). This is the
position in Grenada.
In England by s. 123 of L.P.A. 1925 the attorney may execute the deed in his own name and
this is the position in Trinidad and Tobago, St. Kitts and Nevis, Dominica (See s. 55 of CL
P.A.) and also in Barbados (see s. 138 P.A. 1979). The section does not displace the common
law method of execution but provides an alternative method.
In practice, before the execution by an attorney, enquiries should be made as to whether the
principal is dead (death may revoke the power of attorney) of the power has been expressly
revoked. So peruse the power of attorney.
Execution by Company:
At common law a deed must be executed by a company in accordance with the provisions of
its documents of incorporation. The common seal of the company must be affixed to the deed
and the articles of association usually provide for execution in the presence of (1) two
directors and (2) the Secretary. In addition execution must be attested by an attesting witness
and in Trinidad and Tobago also by a qualified functionary.
121
The provisions of s. 74 of L.P.A. 1925 (UK) do not apply in the W.I., except Barbados see s.
74 Property Act, Barbados.
(f) Proof of Execution - Execution must be proved either
(1) By the attesting witness swearing to an affidavit of due execution or
(2) By the party executing the deed acknowledging his signature, before a
specified person or authority. If this is not done the deed will not be accepted
by the Registrar of Deeds: See the legislation on Registration of Deeds. For
the position in Barbados - See Commissioners of Probate Act, s. 16 Evidence
Act, s. 71 P.A.
(3) Stamping - see legislation for actual duties charged in your jurisdiction.
(4) Payment of purchase money - simultaneous.
(5) Handing over title deeds - if required.
(6) Registration - see registration of Deeds legislation in your jurisdiction.

Note that a fee is charged for registration.
4.3 BASIC PRECEDENTS OF DEEDS OF CONVEYANCES ON SALE
Hereunder are simple forms of conveyance on sale of the fee simple. Form 2 relates to
Barbados and Form 1 to the other common law jurisdiction where conveyancing by deed
obtains. The matters set out in Form 1A apply to St. Vincent and the Grenadines only.
It must be borne in mind that the form and contents of a deed would depend on the nature of
the transaction.
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(F O R M 1)
TERRITORY PREPARATION CLAUSE (if applicable)
Commencement and Date THIS DEED (INDENTURE) is made

between the this ……..day of November
19…….BETWEEN
(1)
Parties JOHN THOMAS of No. 15 Henry Avenue
in the City of Belmont in (name of country)
Merchant (hereinafter called the Vendor) of
the ONE PART
(2)
and JOSEPH SMITH of No. 2 Richmond
Alley in the said City of Belmont, Insurance
Agent (hereinafter called the PURCHASER)
of the OTHER PART.
Recitals WHEREAS:-
(1) Narrative (1) The Vendor by a Deed dated the 15th day of
March 1968 made between one Charles
Hammer of the One Part and the Vendor of
the Other Part and duly registered in the
office of the Registrar General in Trinidad is
seised in fee simple in possession free from
encumbrances of the lands/hereditaments
hereinafter described and conveyed.
(2) Introductory (2) The Vendor has contracted and agreed with
the Purchaser for the sale of the said
lands/hereditaments to the Purchaser at the
price of FIVE HUNDRED THOUSAND
DOLLARS ($500,000).
Testatum NOW THIS DEED (INDENTURE)
WITNESSETH as follows:-
(1) In pursuance of
Consideration the said agreement and in the consideration
of the sum of FIVE HUNDRED
THOSUAND DOLLARS($500,000) paid
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Receipt Clause by the Purchaser to the Vendor (the receipt
of which sum the Vendor hereby
acknowledges).
Operative Words The Vendor AS BENEFICIAL OWNER

hereby CONVEYS (GRANTS and
CONVEYS) unto the Purchaser
ALL THAT piece or parcel of land known

as No. 20 Dundonald Alley situate in the
City of Belmont in (name of country)
containing two thousand square feet and
abutted and bounded as the same is
delineated and described on the plan or
diagram thereof hereunto annexed and
marked “A” (state actual boundaries).
TO HOLD the same UNTO and TO THE

Habendum USE of the Purchaser in FEE SIMPLE.
Acknowledgement of documents (3) The Vendor hereby acknowledges the

(Not applicable to T&T) right of the documents specified in the
Schedule hereto (the possession of which
is retained by the Vendor) and to delivery
of copies thereof and hereby undertakes
with the Purchaser for the safe custody
thereof.
Testimonium IN WITNESS WHEREOF the vendor has

hereunto set his hands and seal the day
and year first hereinabove written.
Schedule
SIGNED SEALED AND DELIVERED )

Attestation by the Vendor in the )
presence of )
William James
Law Clerk of
20 Law Street
124
In Trinidad and Tobago attestations should be
SIGNED AND DELIVERED by the )

Vendor as and for his act )
and deed in the presence of: )
And of me:
Attorney-at-Law
And the words "and seal”: omitted from the testimonium.
*When there is more than one "vendors" - as

and for their respective acts and deeds in the
presence of:
125
(FORM 1A)
EXPRESS COVENANTS FOR TITLE BY A VENDOR
The Vendor for himself, his executors and

administrators hereby covenants with the Purchaser and
his heirs and assigns.
Qualifying Words That notwithstanding anything by the Vendor or any of

his ancestors or testators made done executed or
omitted or knowingly suffered.
Good right to Convey The Vendor now has good right to convey the
said hereditaments unto and to the use of the Purchaser
and his heirs and assigns in manner aforesaid.
Quiet Enjoyment And that the Purchaser and his heirs and assigns shall
and may at all times hereafter peaceably and quietly
possess and enjoy the said hereditaments and receive
the rents issues proceeds and profits thereof without
any lawful interruption, claim or demand whatsoever
from or by the Vendor or any person lawfully or
equitably claiming from under or in trust for him or any
of his ancestors or testators.
Freedom from incumbrances And that the Purchaser and his heirs and assigns
shall and may at all times hereafter have and hold the
said hereditaments free from all incumbrances made or
suffered by the Vendor or any of his ancestors or
testators or any person rightfully claiming by through or
under in trust for him or them respectively.
For further assurance AND FURTHER that the Vendor and every
person having or rightfully claiming any estate or
interest in the said hereditaments by through under or in
trust for the Vendor or any of his ancestors or testators
will from time to time and at all times on the request
and at the cost of the Purchaser or his heirs or assigns
execute and do all such lawful assurances and things
126
for further or more perfectly assuring the said
hereditaments to the Purchaser and his heirs and assigns
as by him them or any of them shall be reasonably
required.
COVENANT FOR SAFE CUSTODY

(For St. Vincent & the Grenadines only)
The Vendor for himself his executors administrators and assigns hereby covenants with the
Purchaser and his heirs and assigns and that the Vendor his heirs executors administrators and
assigns will unless prevented by fire or some other inevitable accident from time to time
hereafter upon every reasonable request and at the cost of the Purchaser or his heirs or assigns
produce or cause to be produced to him or them or any of them or his or their attorney or agent
or at any trial commission hearing examination or otherwise as occasion shall require all or
any part thereof and also at like request and cost deliver or cause to be delivered unto the
Purchaser or his heirs and assigns such attested copies or other copies or extracts of or from
the said documents or any of them as the Purchaser of his heirs and assigns or any of them
may require and will in the meantime unless prevented as aforesaid keep the said documents
safe unobliterated and uncancelled.
GENERAL WORDS (for St. Vincent & the Grenadines only)
"Together with all buildings houses outhouses and erections on the said hereditaments erected
and built standing and being with the appurtenances and all ways rights or way paths ponds
waters trees lights rights easements and appurtenances whatsoever to the same belonging and
being and the reversions remainders rents issues proceeds and profits thereof".
ALL ESTATE CLAUSE (for St. Vincent & the Grenadines only)
"And all the estate right title interest use trust possession property benefit claim and demand
whatsoever both at law and in equity of the Vendor of in to out of and from the same".
WORDS OF LIMITATION AT COMMON LAW
These form part of the habendum and are the words underlined hereunder.
"To hold the same UNTO and TO THE USE of the Purchaser and his heirs (and assigns)
forever".
127
(F O R M 2)
Drawn and Prepared by:
______________________________________
Attorney-at-Law of
1007 Lucas Street, Bridgetown, Barbados
BARBADOS
THIS CONVEYANCE is made the day of November 19 ..... BETWEEN JOHN

THOMAS of 960 Bridge Street in the City of Bridgetown in the Island of Barbados,
Merchant (hereinafter called "the Vendor") of the ONE PART and JOSEPH SMITH of No.
1762 Broad Street in the said City of Bridgetown, Insurance Agent (hereinafter called "the
Purchaser") of the OTHER PART.
WHEREAS:
(1) The Vendor (by virtue of a Conveyance dated the 2nd day of May, 1985 made
between Thomas Jones of the One Part and John Thomas of the Other Part and recorded in the
Registration Office of Barbados on the 3rd day of May 1985) is the estate owner of fee simple
absolute in possession in the land hereinafter described free from incumbrances.
(2) The Vendor has agreed with the Purchaser for the sale to him of the said lands at the
price of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00).
NOW THIS DEED WITNESSETH that in pursuance of the said agreement and in
consideration of the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) paid
by the Purchaser to the Vendor (the receipt whereof the Vendor hereby acknowledges) the
Vendor AS BENEFICIAL OWNER hereby CONVEYS unto the Purchaser ALL THAT land
situate in the parish of Saint Michael in the island of Barbados containing by admeasurement
one thousand square meters or ten thousand seven hundred and sixty four square feet and
abutting and bounding (state boundaries etc.) TO HOLD the same unto the Purchaser IN FEE
SIMPLE.
And it is hereby certified that the consideration hereinbefore stated for the transfer of the land
128
hereby conveyed represents the fair market value thereof.
And the Vendor hereby attests and declares (as in testified by his/her being party to and
executing these presents) that the Vendor is resident in Barbados for the purposes of the
Exchange Control Act of Barbados and is a Citizen of Barbados for the purposes of the
Property Transfer Tax Act of Barbados.
And the Purchaser hereby attests and declares (as is testified by his/her being party to and
executing these presents) that the Purchaser is resident in Barbados for the purposes of the
Exchange Control Act of Barbados and is a Citizen of Barbados for the purposes of the
Property Transfer Tax Act of Barbados.
IN WITNESS WHEREOF this Conveyance has been executed by the parties under seal the
day and year first hereinbefore written.
SIGNED SEALED AND DELIVERED by )

the said in the )
presence of: )
Witness:
Name:
Address:
Calling or description:

the said in the )
presence of: )
Witness:
Name:
Address:
129
BARBADOS:
I, of
Attorney-at-Law, do hereby DECLARE that the Vendor named in the foregoing Conveyance
to the best of my knowledge, information and belief is Citizen of Barbados for the
purposes of the Property Transfer Tax Act of Barbados and resident in Barbados for the
purposes of the Exchange Control Act of Barbados.
Dated this day of 20 ..................
.............................................
Attorney-at-Law
BARBADOS:
I, of
Attorney-at-Law, do hereby DECLARE that the Purchaser named in the foregoing
Conveyance to the best of my knowledge, information and belief is Citizen of
Barbados for the purposes of the Property Transfer Tax Act of Barbados and resident in
Barbados for the purposes of the Exchange Control Act of Barbados.
Dated this day of 20 ..................
.............................................
Attorney-at-Law
130
4.4. ASSIGNMENTS AND OTHER TYPE OF DEEDS
Drafting of assignments:
1. Commencement: "This Indenture" or "This Assignment" or even "This Deed".
2. Parties:
(a) Tenant/Assignor as Vendor

(b) Assignee as Purchaser
3. Recitals:
(a) By a lease (hereinafter called the lease) dated .......... made between one (L of
one part and the vendor (t) of the other part. All those (parcels) premises comprised in the
lease.
(Follow up by looking at a Precedent)
DEEDS OF PARTITION
Reading: Owusu pp.355-357
DEEDS OF CORRECTION/RECTIFICATION
LEASEHOLD DEVELOPMENTS
1. Creation
2. Plans
3. Approval
4. Maintenance Company
5. Handing Over
CONDOMINIUIMS
Reading: Kodilinye, Ch. 8
131
SEMINAR ACTIVITIES AND QUESTIONS
ACTIVITY 1
Question 1
By virtue of Deed of Conveyance registered /recorded as No. 5678 of 1995 Pip Phillip became
the fee simple owner of a parcel of land known as “Satisland” (described in the First Schedule
to the said Deed) together with a right of way (described in the Second Schedule to the said
Deed).
On the 14th February, 2020, he entered into an agreement for sale with Estella Havisham for
the sale of the parcel for the price of $500,000.
Draft the Deed of Conveyance in favour of Estella Havisham. (Draft a simple conveyance
for sale.) (Supply your own facts and particulars where necessary).
Question 2
Do Question 1 Part (d) Unit 1.
Question 3:
Samwell and Gilly Tarly entered into an agreement for sale to purchase a house and land
known as “Starfall Place” comprising 500 square metres at the purchase price of $1,900,000.
The vendor, Ellaria Sand, also called Ellaria Sandy, who is your client and is selling as the
legal personal representative has brought to you the following draft Deed of Conveyance
prepared by the Tarly’s attorneys-at-law, High Sparrow and Associates.
This Deed was prepared by me,
……………………………..
High Sparrow & Associates
Attorneys-at-law
YOUR TERRITORY
THIS DEED OF CONVEYANCE is made this day of May, in the year of Our Lord
Two Thousand and Nineteen Between ELLARIA SAND also called Ellaria Sand of
132
Sunspear, in this Island as the Legal Personal Representative of the Estate of OBERYN
MARTELL (hereinafter called “the Deceased”) (hereinafter called “the vendor) of the One
Part and SAMWELL TARLY, Librarian and GILLY TARLY, Housewife, both of Level
21, Citadel Towers, in this Island (hereinafter called “the Purchasers”) of the Other part.
WHEREAS:
1. By Deed of Conveyance dated 1st day of October, 1985 and registered as No. 1654 of
1985 (hereinafter called “the Deed”) the deceased became possessed in fee simple of
the lands and hereditaments (hereinafter called “the Property”) described hereto
subject to the mines and minerals and the restrictive covenants but together with the
right of way contained in the Deed free from encumbrances.
2. The Deceased died on the 18th day of March, 2017 at University Hospital London
England intestate domicile in your territory leaving the Vendor and his lawful wife
and next of kin entitled to apply for his estate as well as his two children being the
only ones entitled to share in his estate.
3. The Vendor has not given or made any assent or conveyance in respect of a legal
estate in or affecting the Property or any part thereof.
4. Letters of Administration in the estate of the Deceased were granted by the High Court
of Justice on the 11th day of March, 2018 to the Vendor whereof an authenticated copy
is registered.
5. By Agreement for Sale dated 10th February, 2019 the Vendor agreed to sell and the
purchasers agreed to buy the Property at and for the price or sum of ONE MILLION
NINE HUNDRED AND FIFTY THOUSAND DOLLARS($1,900,000.00) free
from encumbrances.
NOW THIS DEED WITNESSETH
That in pursuance of the said agreement and in consideration of the sum of ONE MILLION
NINE HUNDRED AND FIFTY THOUSAND DOLLARS ($1,900,000.00) paid by the
Purchasers to the Vendor on or before the execution of these presents the Vendor as
Beneficial Owner pursuant to the powers conferred on her and every other enabling power in
this behalf HEREBY CONVEYS unto the Purchasers ALL THAT the Property described in
the Schedule hereto TO HOLD the same unto the Purchasers in fee simple as joint tenants
subject to the mines and minerals the restrictive covenants and the said right of way free from
encumbrances.
133
IN WITNESS WHEREOF this Deed was executed this day of ,2019
SIGNED by the within named )

ELLARIA SAND in her capacity of )
LPR in the presence of )
Advise the vendor on the draft Deed of Conveyance.
Question 4
On January 10, 2007, Usher Smith entered into an agreement for sale with Nicole Maharaj
for the purchase of No. 19 Dynamite Drive, Music Town, in the Parish/Ward of Rossdale,
in your territory, comprising 586.8 square metres delineated as R3, being a portion of a
larger parcel comprising 1 hectare (owned by Nicole Maharaj and her mother Shanti
Maharaj as joint tenants). The agreement for sale provided for the purchaser to pay for the
cost of the survey plan dated January 25, 2008 attached hereto. Shanti Maharaj died on
January 16, 2006
It was also agreed that the purchase price of $750,000 for the land be paid by equal monthly
instalments, the last instalment of $ 28,125 to be paid on or before January 10, 2009. The
agreement for sale also provided for Usher to go into possession of the land on the payment
of the usual deposit and to construct a small dwelling house thereon.
Usher who is your client complied with all terms of the agreement for sale. However, when
he attempted to pay the last instalment, Nicole refused to accept it saying that the value of
the land had increased and she wanted more money for the purchase.
Usher instituted legal proceedings against Nicole for specific performance of the agreement
for sale dated January 10, 2007 and obtained the attached Court Order.
Usher paid the last instalment to Nicole on October 12, 2010 and obtained a receipt for
same. Despite oral and written requests Nicole has refused to execute the Deed of
Conveyance/Instrument of Transfer.
Draft the Deed of Conveyance for the Registrar’s vetting and execution together with the
cover letter.
134
Do not draft the agreement for sale.
St. Lucian students ONLY
Draft the Deed of Sale.
(Students are to provide all necessary particulars for example, addresses, occupations etc.)
135
REPUBLIC OF TRINIDAD AND TOBAGO
IN THE HIGH COURT OF JUSTICE
CLAIM NO CV O1897-2010
Between
USHER SMITH
Claimant
And
NICOLE MAHARAJ
Defendant
ORDER
In Chambers
Before the Honourable Mr. Justice Cruz
Dated the 15th day of September, 2010
UPON THIS MATTER coming up for Case Management Conference.
AND UPON HEARING attorney–at-law for the claimant and attorney-at-law for the
defendant.
THIS COURT ORDERS BY CONSENT AS A FINAL ORDER that:-
1. The Claimant do pay to the Defendant the sum of Twenty Eight Thousand One
Hundred and Twenty Five Dollars ($28,125) in full and final consideration for all
that parcel of land situate in the Parish/Ward of Rossdale, in your territory
comprising Five Hundred and Eighty Six Point Eight Square Metres known as No.
19 Dynamite Drive, Music Town (“the said Land”) within thirty (30) days.
2. The Defendant shall execute the Deed of Conveyance to the Claimant within
fourteen (14) days of presentation of the said Deed. In default of which the Registrar
of the Supreme Court to execute for and on behalf of the Defendant.
136
3. There be no order as to costs.
4. There be liberty to apply.
By the Court
/s/ Stephanie Gaga………………………………..

Registrar
Supreme Court
To:
Claimant’s Attorney-at-law
And To:
Defendant’s Attorney-at-law
137
138
Question 5:
Draft the attestation clause for deeds to be executed by the following parties.
(1) A company
(2) A minor
(3) A blind person
(4) An illiterate person
Question 6:
By Matrimonial Proceedings CVM No. 525 of 2015 dated January 5, 2015 the marriage of
Steve Hawk, Petitioner and Jane Hawk, Respondent, was dissolved. An Order by Justice
Fairfax was made that the Petitioner to transfer all his share and interest in the matrimonial
home to the Respondent in full and final settlement of all claims of the Respondent with
respect to the marriage.
The matrimonial home is situate at Theory Drive, Cambridge, in your territory comprising
656.6 square metres. By virtue of Deed of Lease dated January 1, 1995 and
registered/recorded as No. 252 of 1995 made between Democratic Housing Limited of the one
part and Steve and Jane of the other part, both parties to the divorce became possessed of the
matrimonial home for all the unexpired residue of a term of 99 years from February 1, 1990
subject to the payment of rent and the Lessees’ covenants contained in the Second Schedule.
The consent of Democratic Housing Limited is required for any assignment. The Petitioner is
obeying the Order and has agreed to execute the Deed.
Draft the Deed of Assignment to give effect to the High Court Order.
addresses, descriptions of the persons who are parties to the Deed and a proper description
of the property)
AND
(Candidates answering this question may use the attached precedent).
139
OF TITLE
YEAR II
UNIT 5
140
UNIT 5
5.1 REGISTRATION OF TITLE
Reading: "An Englishman looks at the Torrens System" by Ruoff

(particularly pp. 1-40).
"The Evolution of Land Law in St. Lucia" by W.F. Cenac, Q.C.
LEGISLATION
Antigua: Registered Land Act, CAP 374; Land Adjudication

Act, CAP 234; Land Surveyors Act, CAP 239
Anguilla Land Registration Act CAP R30
Br. Virgin Is.: Registered Land Ord., 1970; Land Adjudication Ord.,
1970; Land Surveyors Ord., 1970
Barbados: Land Registration Act, Cap. 229; Land (Adjudication

of Rights and Interest) Act, Cap. 228A; Land
Boundaries Act, Cap. 228B.
Title by Proceedings Act 2011
Dominica: Title By Registration Act, Chap. 56:50; Title by

Registration (New Register) Cap 19:05
St. Kitts and Nevis: Title By Registration Act, Cap. 10.19
Guyana: Land Registry Act, Cap. 5:02
Trinidad & Tobago: Real Property Act Ch 56:02, Act. No. 10/1986
The Miscellaneous Provisions Act No. 17 of 2020
St. Lucia: Land Registration Act Chap 5:01; Civil Code

(Amendment) Act (14/1984); Land Adjudication Act
(11/1984); Land Surveyors Act (13/1984).
141
General Principles
The relevant legislation and pages of "Ruoff" should be carefully studied. Ruoff's ideas of the
"Insurance", "Curtain" and "Mirror" principles should be gone into. Registration of Deeds and
Registration of Title should be compared and contrasted.
Objectives of the Torrens System Gibbs v Messer 1891 AC 248
5.2 SALIENT FEATURES OF REGISTRATION OF TITLE SYSTEM
An important point to bear in mind is that, unless otherwise provided in the legislation, the
basic principles of land law apply to all registered land.
It is now proposed to examine briefly the more important features of registration of title in the
above mentioned jurisdictions:
1. The Registrar
2. Initial Registration
3. Machinery of Record: The Register; plans
4. The requirement and effect of registration; form of instruments
5. The Certificate or other Document of Title
6. Transfers; Leases: Mortgages; Charges; Easements, etc.
7. Co-ownership; Trusts; Transmissions.
8. Caveats, Prohibitions, Cautions, Inhibitions and Restrictions
9. Adverse possession (Prescription)
10. Indefeasibility of Title
11. Remedies, including recovery of possession, rectification, damages and
compensation.
1. THE REGISTRAR:
This officer is known in the various jurisdictions by a variety of titles: in Trinidad and Tobago
as the Registrar-General, in Guyana, Antigua, St. Lucia and the British Virgin Islands as the
Registrar of Lands, and in Dominica, St. Kitts & Nevis and Barbados as the Registrar of
142
Titles.
The Registrar is the principal registering authority. His/her powers and duties are both
administrative and quasi-judicial and include the following:
(a) The maintenance of the Register

(b) He may correct errors in the Register
(c) He may compel the production of documents, the attendance of witnesses and
may administer oaths
(d) He may state a case to the Court
(e) He may issue a new certificate of title in place of a lost one
(f) In Guyana he may enter a prohibition, in St. Kitts & Nevis, Dominica and
Trinidad & Tobago lodge a caveat and in Antigua, B.V.I., St. Lucia and
Barbados, lodge a caution or restriction.
See: Real Property Act (Trinidad & Tobago) ss. 6, 125, 138-140;
Land Registry Act, (Guyana) ss. 7-10, 126, 143, 152;
Land Registration Act (Barbados) ss. 7, 8, 130-136, 139;
Registered Land Act (Antigua & B.V.I.) ss. 5-10, 127-132, 139;
Land Registration Act (St. Lucia) ss. 6, 7, 12 and 13; and
S. 3 of Act No. 2/1987 Title By Registration Act (St Kitts and Nevis)
Part IX and s. 123.
Title by Registration Act (Dominica), Part IX and s 121 and
Act No. 16 of 1980 (Dominica).
Land Registration Act (Anguilla) S6 and 7 CAP R30.
Trinidad and Tobago – The changes made to the Registration of Title System by the
Miscellaneous Provisions Act No. 17 of 2020. Additional material to be provided on TWEN.
143
2. INITIAL REGISTRATION:
Antigua, Anguilla B.V.I and St Lucia:
As all land in these four territories has already been registered, no question of initial
registration will now arise. The statutes under which initial registration was carried out are
The Land Adjudication Act/Ord. and the Land Surveyors Act/Ord.
Barbados:
Initial Registration will take place under the provisions of Cap. 228A and Cap. 228B in a
manner similar to that which took place in Antigua and the B.V.I.
Guyana:
The provisions in relation to initial registration are contained in Parts II, III and IV, Land
Registry Act and in Subsidiary Legislation made thereunder, i.e. Order 24/1968, The Land
registry (Registration Areas) Order, The Land Registry Rules.
Dominica and St. Kitts and Nevis:
Registration is not compulsory. The relevant provisions are contained in Part II of the Title by
Registration Acts. When land is purchased or otherwise acquired from the State or Crown,
the grantee may at his option have the land registered: See (Dominica) S 7 and (St. K.) s. 7. It
should be noted that on initial registration, a plan of the land must be submitted. See e.g. S 12
(8).
Trinidad & Tobago:
See Part II of the Real Property Act. (R.P.A.) Registration is not compulsory.
3. MACHINERY OF RECORD: THE REGISTER; MAPS OR PLANS:
Antigua, Anguilla & B.V.I.:
There is a Land Registry consisting of:

(a) A Land Register subdivided into three sections:
(i) a Property Section
144
(ii) a Proprietorship Section and
(iii) An Incumbrances Section
(b) A Registry Map of each Registration section

(c) Parcel files
(d) An Application Book
(e) An index of the names of proprietors
(f) A Register of Powers of Attorney
See ss. 4, 8-18 of the Registered Land Act /Ordinance.
Barbados:
Provisions have been made for a similar machinery of record. See ss. 4 & Part III of the Land
Registration Act Cap 229.
St. Lucia:
Provision has been made for a similar machinery of record. See ss. 8-22 and ss. 74, 75 of
Land Registration Act.
Guyana:
See Part V of the Land Registry Act; and the Land Registry rules. For Forms of The Register
and Memorials of Encumbrances see First and Second Schedules of the Land Registry Rules.
Trinidad & Tobago:
A register Book is kept in accordance with Part III of the Real Property Act. A plan of
the land registered must be drawn on or attached to the Certificate of Title (or Crown or State
Grant).
St. Kitts and Nevis/Dominica:
There is a Register of Titles with an Index: See s. 3, 4; meaning of "Register" in First Sch.
Title By Registration Acts of Dominica and St. Kitts and Nevis; S. 166 (Dominica) and s. 159
(St. Kitts and Nevis). In addition, with respect to Dominica only, see Act No. 16 of 1980.
A Public Register:
145
In all the above mentioned territories except St. Lucia, the Register is a public record and any
person may on payment of the prescribed fee search the same and obtain copies thereof. In
St.Lucia only a legal practitioner or his agent may inspect and obtain copies of the Register.
Official Searches:
Official Searches and the results thereof may, at the request of anyone, be carried out and
supplied by the Registrar in Antigua, the B.V.I., Barbados and Guyana. In St. Lucia the
request must be made by a legal practitioner or his agent.
See Antigua: Anguilla B.V.I. Registered Land Act., s 35;

Barbados: Land Registration Act, s. 38, 46;
Guyana: ss 75, 139-141, 142;
Trinidad & Tobago: Real Property Ordinance, s 158(2);
St Kitts and Nevis and Dominica: Title By Registration Acts s. 5 and 4th
Schedule;
St Lucia: Land Registration Act s. 35, 36, 42
4. THE REQUIREMENT AND EFFECT OF REGISTRATION:
See Antigua:Anguilla, B.V.I. Registered Land Act/Ord., ss 23-30, 37-43;

Barbados: Land Registration Act, ss. 26-33; 40-47
Guyana: Land Registry Act, Part VI; S64-70
Trinidad & Tobago: Real Property Act, Ch. 56:02 ss 37-45. 141-143;
St Kitts and Nevis and Dominica: Title By Registration Acts ss 5, 8-10, 124-
135
(St. Kitts and Nevis), ss. 6, 8-10 and Part VIII;
St Lucia: Land Registration ss. 23-30 and Part V. PART III
Cases: Mollyneaux v Afphan (1955) No. 112 of 1954, Trinidad Law Rep 1954-5, Vol.
XV p. 71 (T);
George v Rosalie Estates (1969) 13 W.I.R. 401 (D);
146
Souza Figueiredo Co. v Morrings Hotel Co. (1960) EA 926 (Uganda);
Barry v Heider (1914) 19 C.L.R. 197;
Great West Permanent Loan Co. v Freisen (1925) A.C. 208;
Bunker v Perpetual Trustee Co. (1937) C.L.R. 555;
Abigail v. Lapin (1934) A.C. 491.
 No unregistered instrument shall be effectual to pass any interest or create any

charge or encumbrance on the land.
 A transfer or other disposition of the registered estate in the land must be

completed by the Registrar entering the transferee on the register as the
proprietor of the transferred estate.
 Until this entry is made the transferor is deemed to remain the proprietor of the
registered estate.
 Therefore, it is registration, and not execution and delivery of the instrument

which gives legal title to the transferee.
Effect of Non-Registration
 ALL TERRITORIES - EXCEPT TRINIDAD AND TOBAGO
The legislation specifically states that an unregistered instrument shall operate

as a contract.
 TRINIDAD AND TOBAGO
Even though the legislation does not state the above it was decided in the case
of Souza Figueiredo Co. v Morrings Hotel Co. (1960) EA 926 (Uganda) that
the effect of an unregistered agreement for a lease exceeding three years
operates as a contract between the parties and can confer on the intended lessee
a right to enforce the contract by specific performance and to obtain from the
lessor a registrable lease.
147
Application of Equitable Principles:
The courts have always regarded the legislation as not in any way destroying fundamentals
principles of equity.
1. The doctrine that as soon as binding, enforceable contract for the sale of land is
concluded the beneficial ownership passes to the purchaser.
2. The doctrine of part performance.
3. That equity will not aid a volunteer.
4. The rule governing the priority of successive competing interest in the same
land.
5. The legislation also expressly recognises the application of equitable

principles.
Case: Half Moon Bay Ltd v Crown Eagles Hotel Ltd (2002) 6 WIR 330 esp at pg. 336 Lord
Miller, Also found at JM 1996 SC 22.
5. THE CERTIFICATE OR OTHER DOCUMENT OF TITLE:
Dominica and St. Kitts and Nevis: PART VIII
Three types of Certificates of Title are issued:
(a) The Certificate of Title giving the registered proprietor indefeasible title and
vesting the property in him as absolute owner. For a form of this document,
see Form 4, Second Schedule of the Title by Registration Acts. This
certificate declares the person named therein as registered proprietor of the
land described therein subject to any mortgages and encumbrances noted
thereon. A plan of land is drawn in the margin. Life estates and leases
exceeding 3 years are noted as encumbrances: See ss. 8-10 and the definition
of "encumbrances" in the First Schedule. Incorporeal rights are created by
memorandum, registered and noted in the Register and on the Certificate: See
ss. 11 and 25.
148
(b) The Certificate of Qualified Title.
(c) The Certificate of Possessory Title:
These last mentioned two types of certificates are issued on initial registration
when the title of the proprietor is faulty or imperfect. They give the proprietor
the same estate as a proprietor with indefeasible title, subject to the
qualifications and adverse rights and other matters endorsed thereon, and may
subsequently be confirmed as Certificates of Indefeasible Title: See Part VIII
of the Acts.
Trinidad and Tobago:
Only one type of certificate is issued, the indefeasible type. But unlike Dominica and St.Kitts
and Nevis, the proprietor need not be an absolute owner. His estate may be the fee simple, a
life estate or a lease with not less than 21 years to run. Also unlike St. Kitts and Nevis and
Dominica leases and life estates are not described as encumbrances.
See the Real Property Act ss. 32, 134 (4) and a Form of Certificate in the First
Schedule, Form D. Incorporeal rights are created in the same manner as in Dominica and St.
Kitts and Nevis: See s. 62.
Guyana:
Two types of certificates are issued:
(a) The indefeasible type, known as the certificate with absolute title; and
(b) The certificate with Provisional Title. This is issued when the title of the proprietor is
on initial registration regarded by the Commissioner as faulty or imperfect. It may
subsequently be converted into absolute title.
See ss. 28, 29, 66-68, 71 and Forms A (1) and A (2) of the Land Registry Act.
Incorporeal rights, life estates, leases exceeding 3 years and mortgages and charges are
created by Instruments in the forms in the First Schedule and registered. See ss. 78, 80, 89
and Part XIII of the Act.
Antigua, Anguilla, B.V.I., Barbados, St Lucia:
Two types of certificates (in Antigua and B.V.I. called a "Land certificate") are issued to a
land owner:
149
(a) The certificate with absolute title;
(b) The certificate with provisional title. This is issued on initial registration in the case of
a faulty or imperfect title and may subsequently be converted into absolute title.
A certificate of lease is issued to a lessee when his lease exceeds 25 years in Antigua and
B.V.I. and has at least 21 years to run in Barbados. It should be noted:
(a) that registration does not confer on the proprietor any mineral rights unless expressly
referred to in the Register.
(b) A certificate is prima facie evidence of the matters contained therein and the land or
lease is subject to all entries in the Register, whether or not those entries are shown on
the certificate. This is in sharp contrast with s. 75 Guyana Land Registry Act and s.
142 Real Property Act, Trinidad and Tobago.
See s. 16(1)(a) and (c) Land Adjudication Act/Ord. of Antigua and B.V.I.;
ss. 23-26, 28, 29, 31 of the Registered Land Act/Ord. of Antigua and B.V.I.;
s. 22(1)(a) and (c) Cap. 228A, Barbados;
ss. 26-29, 32, 34 Cap. 229, Barbados.
For St Lucia see Part VI of Land Registration Act as amended.
5.3 INDEFEASIBILITY OF TITLE
Dominica: Cap 56:50 ss. 8-10, proviso to s. 19(2) and definition of

"Indefeasible" in First Schedule.
St Kitts and Nevis: Cap 10.19 ss. 8-10, proviso to s. (19(2) and definition
of "Indefeasible" in first Schedule.
Guyana: Cap 5:02 ss. proviso to s. 61, 62, 65-70, 75
Trinidad & Tobago: Cap 56:02 ss. 31-48, 141-153
Antigua: Part III, ss. 31(2), 36, 140

Barbados: Cap 229 Part IV, s. 34(3), 39, 140
St Lucia: Cap 5:01 Part III, ss. 36, 98
150
Exceptions:
There are many, perhaps the most important being:-
1. Adverse possession: (Prescription)
Dominica: Title by Registration Act Chap 56:50 s.33

St. Kitts and Nevis: Title by Registration Act Cap 10.19 s.34
Guyana: Land Registry Act Cap 5:02 Part XII
Trinidad & Tobago: Chap 56:02 ss. 45 and Part IV
Antigua: s. 28(f) and Part IX
Barbados: Cap 229 s. 31(1)(d) and Part XVII
St Lucia: Land Registration Act Cap 5:01 Part IX
Readings for the law on adverse possession see Kodilinye Ch.12 and Owusu Ch.8
2. Fraud:
For the meaning of fraud see Lord Lindley in Assets Co. v Mere Roihi [1905] AC 176
at 210. (See also the Waimiha case referred to by Wooding, C.J. in Roberts v
Toussain (1963)6 WIR 431 t at 433). The following points should be noted:
(a) No statutory definition is given of what constitutes fraud.
(b) Fraud, for the purposes of the statutory provisions, must be actual and
not constructive or equitable fraud (Assets Co.).
(c) Fraud must involve an element of dishonesty or moral turpitude (Butler

v Fairclough (1917) 23 CLR 78 at 90 and 98).
(d) The fraud to which the legislation refers must be that of the registered
proprietor or his agent (Assets Co. Case).
(e) Abstaining from enquiry when suspicions are aroused may constitute
fraud (Assets Co. Case).
(f) The presentation for registration of a forged or fraudulently obtained
instrument does not constitute fraud if the person presenting it honestly
believes it to be a genuine document (Assets Co. Case).
(g) Notice of the existence of any trust, or unregistered instrument, does
151
not of itself constitute fraud but may be an element in the
establishment of fraud (See e.g. Part xiv R.P.O. (T.T.) and Part xiv
L.R.A. (G) as to restrictions on registration of trusts; also Stuart v.
Kingston at p. 329 et seq.).
(h) Gross negligence without male fides will not be regarded as fraud
(Kirkpatrick v. Hutchinson
Case – Meah John v Allsop v Jaglal – Claim CV2010 – 04559 High
Court – Trinidad & Tobago.
Ramdeo v Heeralal [2009] CCJ 3
Generally on Indefeasibility of Title and its exceptions,
Cases: Gonsalves v Fernandez (1961) 2 W.I.R. 55 (A)

Shillingford v A.G. of Dominica (1967) 12 W.I.R. 57 (D)
A.G. of Dominica v Shillingford (1970) 14 W.I.R. 526 (D)
George v Rosalie Estates Ltd. (1969) 13 W.I.R. 401 (D)
Chisholm v Hall (1959) 1 W.I.R. 413 (J)
Roberts v Toussaint (1963) 6 W.I.R. 431 (T)
Gibbs v Messer (1891) A.C.
Assets Co. Ltd. v Mese Roihi (1905) A.C. 176
Frazer v Walker (1967) 1 A.C. 569
Waimiha Sawmilling Co. Ltd. v Waione Timber Co. Ltd. (1926) A.C. 101
Butler v Fairclough (1917) 23 C.L.R. 78
Stuart v Kingston (1923) C.L.R. 309
Kirkpatrick v Hutchinson (1904) 23 NZLR 665
British American Co. v. Canbe Farm Industries Ltd and Anor PC Appeal from
Court of Appeal Belize pg. 552 Lord Browne Wilkinson (1998) 4 LRC 547.
Efstratiou Glantschnig & Pertovic v Christine Glantsching 1972 NZLR 594
REMEDIES:
1. Recovery of possession
2. Rectification of the Register
3. Compensation
4. Damages
5. Action of personam.
152
The Case of Frazer v Walker(1967) 1 A.C. 569:
The Real Property Ord. of Trinidad and Tobago is in most respects similar to the New
Zealand Transfer Act, 1952. Some important provisions of the New Zealand Act were
comprehensively analysed and explained by the Privy Council in the above mentioned case.
While the provisions of each statute should be construed in the light of its own wording, there
are certain general provisions and principles to be found in the statutes of the various
countries where registration of title exists. It may, therefore, be useful to compare some of the
New Zealand sections with corresponding sections in the statutes of the East Caribbean
territories.
As a matter of interest, it should be noted by students from Antigua, St. Lucia, the B.V.I. and
Barbados that the legislation in their territories is almost identical with that which obtains in
the Turks and Caicos Islands (Registered Land Act) and Kenya (Registered Land Act).
COLLECTIVE PROVISIONS FOR INDEFEASIBILITY OF TITLE:

Dr Kerr in his book “Australian Land Titles (Torrens) System” at pp. 166-167 attributed the
achievement of indefeasibility of title in the Torrens System to a series of provisions in the
enactments, some or all of which may apply to each of the statutes in our jurisdictions. The
provisions are as follows:
1. Judicial notice is to be taken of instruments and entries purporting to be authenticated

by the Registry;
2. The person named in any certificate or other registered instrument as taking any estate
or interest in land is declared to be the registered proprietor thereof;
3. The title of the registered proprietor is further declared to be indefeasible (except in

the case of fraud) subject to qualifications noted on such title, and to certain specified
statutory qualifications [expressly indefeasible in Guyana, Dominica and St. Kitts and
Nevis, but so by implication in the other jurisdictions];
4. Subject to the exception of fraud and the last mentioned qualifications, every
certificate issued by the Registrar is conclusive evidence that the person named in the
certificate is entitled to the interest specified therein. [In Antigua, St. Lucia and
Barbados it is “Prima facie” evidence].
5. Every such certificate is likewise conclusive evidence that the estate or interest so
specified therein is under the provisions of the Torrens System. [In Antigua, St. Lucia,
and Barbados it is “Prima facie” evidence].
153
6. No registered transferee, mortgagee, encumbrances or lessee acquiring bona fide for
value from a registered proprietor is to be exposed to an action of any sort on the
ground that that proprietor was registered through fraud or error. [See s. 146 R.P.O.;
T. &T.]
Dr Kerr might well have added a seventh provision:-
No action of ejectment or other action for recovery of possession shall lie or be sustained
against a registered proprietor except in the case of certain specified exceptions. [This
provision is enacted in s. 143, T & T and in s. 70. Guyana].
There is no express statutory provision in the Trinidad and Tobago and Guyana legislation or
in the legislation of the other territories prohibiting an action to set aside a mortgage but,
having regard to the whole scheme of the statutes and bearing in mind that if the mortgagor
defaults, the mortgagee can take steps to enforce his security by sale and delivery of
possession to a purchaser, or otherwise, it seems that the title of a bona fide mortgagee cannot
be impeached: See T & T: R.P.O. s 2 – definition of “proprietor:, ss. 88, 146; Guyana: L.R.
Act, ss. 64, 65, 88; St. Kitts and Nevis: ss. 8, 45; Dominica: ss. 8, 44; Antigua: Registered
Land Act/Ord. s. 2 – definition of “proprietor” and s. 80. See also Frazer v Walker at p. 586E
where it is stated that “proprietor” extends to a mortgagee who is proprietor of a mortgage and
who has power of sale. For St. Lucia see sections corresponding with those of Barbados.
In Trinidad & Tobago and Guyana it would appear that an action to set aside a mortgage is an
action for recovery of possession of land within the terms of s. 143 (T & T) and s. 70
(Guyana). See Frazer v Walker at p. 583 “land” and the definition of “proprietor”; Guyana:
L.R. Act, s. 2(1) definition of “interest”.
The following comparative table, means “TT” the Trinidad and Tobago Real Property Ord.,
“G” the Guyana Land Registry Act, “D” the Dominica Title by Registration Act, “St. K” the
St. Kitts and Nevis Title by Registration Act, “A” the Antiguan Registered Land Act, “B” the
Barbados Land Registration Act, and “St. Lucia”: the St. Lucia Land Registration Act.
154
5.4 APPLICATIONS TO BRING LANDS UNDER
THE REGISTERED SYSTEM AND VESTING ORDERS
Students must note the sections in their legislation to bring lands under the Registered
System- see forms contained in the Schedule to the Acts and be aware of practical guidelines.
Students must note sections in their legislation to apply for vesting orders this is where the
lands are already under the Registered System- see Forms contained in the schedule to the
Acts and be aware of practical guidelines.
Students must be able to recognize and distinguish between these two types of applications.
SECTIONS
ST.L TT G ST.K D A B
Prohibition of Registration 23-28 48 55 5 6 23-28 26-32
except under Act 37 130-133 49 37 40
Conclusiveness of Register 30 142 64-70 8-10 8-10 30 33
36 36 39
Protection of Proprietor 143 64-70 8 8 - -
against proceedings for 146 34 33
possession etc. -
Certificate conclusive/prima 37 75 8-10 8-10 31(2) 34(3)
facie evidence 31(2)
Rectification by Registrar 6(d) 60 19(2) 19(2) 139 139
97 138 62 140 138
Rectification by Court 147 61 17(4) 139 140 140
98 62 141
Protection of Purchasers 38 141 69 19(2) 19(2) 38 42
42 146 42 46
Compensation and damages 145 127-138 19 19 141-145
99-102 146 134(5)
148
Execution - 130-133 55 147-148 151- 106-109
152
155
5.5 RESTRAINTS ON DISPOSITIONS OR DEALINGS
(Caveats, Cautions, Prohibitions, Restrictions and Inhibitions)
LEGISLATION:
Antigua: Registered Land Act/Ord., Part VIII

Barbados: Cap 229, Part XVI
Guyana: Land Registry Act Cap 5:02, Part XVI
Trinidad & Tobago: R.P.O. ss. 6©, 22-25 and Part XIII sections 125 and
continuing
St Kitts and Nevis: T. by R Act 10.19, s. 16 Part VI and definition of

“caveat” in First Schedule
Dominica: Ch 56:50, Part VII and definition of “caveat” in
First Schedule
St Lucia: L.R.A. Part VIII.
Anguilla Part VIII
Caveat:
In Dominica, St. Kitts and Nevis, Guyana and Trinidad & Tobago the statutes on
registration of title contain provisions whereby any person claiming an estate or
interest in registered land may secure protection of that interest by lodging a caveat
with the Registrar. In effect a caveat is a statutory injunction. While in force, it
forbids dealings with the land without consent of the caveator. Caveats are useful for
protecting unregistered or unregistable interests. Examples are:
(a) Protection of the equitable mortgage or charge by a deposit of the certificate of

title.
(b) A purchaser who has concluded a binding contract for the sale of land may
protect his equitable interest so acquired by lodging a caveat. But see
Antigua/Anguilla s. 42, Barbados s. 46 and Guyana s. 142 for a special
provision giving the purchaser protection.
(c) A proprietor who has lost his certificate may protect his estate or interest by
lodging a caveat to prevent a forged or other improper dealing with his land.
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It should be noted, however, that it is only a person who has an interest in the
land who can lodge a caveat: Concord Municipal District v Coles (1905) 3
CLR 96 at 106. The Registrar may also lodge a caveat.
2. Caution:
In Antigua, Anguilla, St Lucia and Barbados this is the equivalent of caveat but seems
to be confined to unregistable interests.
3. Prohibition:
This is used in Guyana and in effect is the same as a caveat lodged by the Registrar.
4. Restriction:
This is used in Antigua, Anguilla, St Lucia and Barbados and in effect is the same as a
caveat lodged by the Registrar or a Prohibition in Guyana.
5. Inhibition:
The statutes in Antigua, Anguilla, St Lucia and Barbados make provision for
Inhibitions which are orders of the court imposing restraints on dispositions.
5.6 APPLICATION ON DEATH OF A JOINT PROPRIETOR:
Trinidad & Tobago - Ch. 56:02 S 76

Barbados - Cap 229 Ss. 105, 118(1)
Antigua - Cap 374 Ss. 101, 116
Anguilla - Cap R 30 Ss. 101, 116
Guyana - Cap. 5:02 S. 104
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Trinidad, Guyana, Dominica, St. Kitts and Nevis:
On the death of a joint proprietor an application must be made to the Registrar to have his
death endorsed on the Certificate of Title.
Whilst there is no statutory provision in Dominica and St Kitts and Nevis, the practice is the
same.
The application must be accompanied by the following documents.
1. Declaration of someone who knew the deceased declaring as follows:
(a) he knew the deceased;
(b) he attended the funeral service of the deceased; (and saw the body buried or
burnt - Trinidad only);
(c) the deceased is the same person appearing on the death certificate as appears
on the Certificate of Title;
(d) (Trinidad only) Declaration by an attorney at law or someone of integrity

swearing that the person making the declaration is an honest person whose
word can be accepted as truth. This is known as a declaration of credence.
2. The death certificate of the deceased must be filed with the application.
Barbados, Antigua, Anguilla:
The Registrar shall delete from the Register the name of the joint proprietor (dead).
Steps 1 (a), (b), (c) and 2 above are applicable.
St Lucia:
No. 12 of 1984 S 62.
"Where land is conveyed ... to two or more persons in their own right,
such persons shall be deemed and taken to be tenants in common."
The legislation makes no provision for the creation of a joint tenancy.
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5.7 TRANSMISSION:
Definition – refers to all dealings with a deceased’s registered proprietors ownership.
Trinidad & Tobago - Ch. 56:02 Part XI

Barbados - Cap 229 Ss. 106-109, 118(2)
Antigua - No. 17 of 1975 Ss. 102-105, 117-118
Anguilla - No. 2 of 1987 Ss. 102-105, 117-118
St. Kitts and Nevis - Cap. 279 S. 27 Chap 10:19 Revised Edition
Dominica - Ch. 56:50 S. 27
St. Lucia - Cap 5:01 S. 76-77
Guyana - Cap. 5:02 Ss. 97-99, 105 see also s116.
On the death of a sole proprietor of registered lands or on the death of a proprietor in

common, the Registrar may register:
1. The Personal Representative of the deceased as proprietor in place of

the deceased on the production of the probate of the will or letters of
administration. (The Registrar will issue a new Certificate of Title in
the Personal Representative name - Dominica, St. Kitts and Nevis).
2. A transfer by the Personal Representative on the production of the

Will/Grant of Probate or Letters of Administration.
3. A beneficiary as proprietor where he receives the consent in writing of the

executor or administrator (Guyana).
4. A beneficiary as proprietor by order of the Court if after the expiration of one

year the Personal Representatives have failed to transfer the land to the
beneficiary (Trinidad).
159
5.8 APPLICATION FOR A LOST CERTIFICATE OF TITLE
Trinidad & Tobago - Ch. 56:02 S 136

Barbados - Cap 229 S. 37
Antigua - Cap 374 S. 34
Anguilla - No. 4 of 1974 S. 34
St. Kitts and Nevis - Cap. 279 S. 146
Dominica - Ch. 56:50 S. 146
St. Lucia - Cap 5:01 S. 34
Guyana - Cap. 5:02 S. 73
In the event that the duplicate grant or Certificate of Title is lost or destroyed, an application
must be made to the Registrar General to issue a new Certificate of Title for the land.
Before the application is made it is advisable to do a search to ascertain who last withdrew the
Certificate of Title from the Registry and when as well as to see what the last endorsements on
the Certificate of Title. These searches help to trace the whereabouts of the Certificate of Title
which must be accounted for in the application.
1. The application should be accompanied by a statutory declaration which

should state the following information by such person with full knowledge of
the facts of loss (or destruction).
(a) the last person in whose possession the Certificate of Title was lodged;
(b) circumstances surrounding the loss of the Certificate e.g.

i. efforts made to locate the Certificate;
ii. method whereby the Certificate was destroyed.
(c) that the Certificate of Title is not in the possession of the

registered proprietor;
(d) that it is not deposited with any person by way of security for a
loan or for any other purpose.
Trinidad and Tobago – please see new Registrar General Guidelines dated May 6, 2016
160
2. The Registrar will cause a notice of the application to be advertised in a daily
newspaper before issuing a new Certificate of Title.
3. The applicant must file a declaration that the notice was published and annex a copy of
same to the declaration prior to the Registrar issuing the new Certificate of Title.
N.B. No dealing for which production of the Certificate is required can be accepted for
registration until after its replacement.
St. Lucia – this section does not apply in practice because all Certificated of Title are kept in
the Land Registry as a matter of record.
5.9 DEVELOPMENTS/SUB-DIVISIONS:
Trinidad & Tobago - Ch. 56:02 S. 34

Barbados - Cap 229 Ss. 24-25
Antigua - No. 17 of 1975 Ss. 16, 21-22
Anguilla - No. 4 of 1974 Ss. 16, 21-22
St. Kitts and Nevis - Cap. 279 Ss. 23, 147
Dominica - Ch. 56:50 Ss. 23, 147
St. Lucia - Cap 5:01 Ss. 16, 21-22
Guyana - Cap. 5:02 Land Registry Rules Ss. 11-12
Please note the Town and Country Planning Legislation for your country
5.10 COMMON REGISTRATION OF TITLE ACT QUERIES
The following is a list of the most common reasons for rejection of an instrument by the
Registrar General:
1. Duplicate Certificate of Title not presented at the time of registration.

2. Incorrect Certificate of Title references.
3. Current Certificate of Title reference not given.
161
4. New Duplicate Certificate of Title required where there is no further room for
endorsement on Original Certificate of Title.
5. Incorrect description of parcel: Acreage and boundaries.
6. Plan reference incorrect.
7. General/Portion/Remaining/Amended Plan required.
8. Land Assurance contribution required.
9. Memorials of encumbrances omitted.
10. Caveat outstanding.
11. Omission of portion plan when filing a caveat against a portion.
12. Mortgage/Lease references incorrect.
13. Grant of Representation registration number incorrect.
14. Aliases omitted. Note, ‘formerly’ is not equivalent to ‘also called’ or ‘now known as’
nee, nee-born – indicating maiden name of married woman.
15. Share Interests incorrect.
16. Certificate of Explanation omitted.
17. Attachments not properly exhibited.
18. Inconsistent signatures.
19. Instruments executed abroad not properly executed.
20. Memorandum of Transfer by Gift submitted after the statutory time lime has expired –
s18 Registration of Deeds, old law, one year to register Deed.
As compiled by Rionne Boyke, Assistant Registrar, Lands Registry, Trinidad and

Tobago.
162
SEMINAR ACTIVITIES AND QUESTIONS
ACTIVITY 1
Compare and contrast the two systems of Conveyancing. Draw a chart to illustrate.
ACTIVITY 2
Create a rap, poem, video, song or skit about the differences.
Question 1:
On the death intestate of her husband in 2017, Mrs. Hunter became entitled as sole beneficiary
in respect of ten acres of land with a dwelling house thereon registered at Volume 1 Folio 2 in
the name of her husband. No steps have yet been taken to wind up the estate. Mrs. Hunter has
now brought to you a gentleman named Patel and you are shown a receipt which reads as
follows:-
"Received from Patel this 1st day of February, 2017, the sum of $10,000 part
payment for one acre of land owned by me free from encumbrances.
Signed: Mrs. Hunter”
Mrs. Hunter tells you that she has allowed Patel to cultivate the one acre which is part of her
late husband's estate, at a rental of $500 monthly pending completion of the sale. She also
tells you that she believes that there is a small sum owing to Union Building Society on a
mortgage of the premises by her late husband. Mrs. Hunter wants you to deal with the entire
matter for her.
(a) Outline in chronological order and advise on the steps you would take
towards completion of the proposed sale to Patel.
(b) Draft the Memorandum of Transfer/Deed of Sale in favour of Patel.
(c) List the completion documents for this transaction and give reasons.
163
Question 2:
ANSWER (a), (b) AND (c)
(a) Jack and Jill Water were joint proprietors of a property more particularly described in
Certificate of Title/Volume 1561 Folio 127. Jack died on May 1 this year. Jill wants to
be the sole owner of the property.
Advise Jill.
(b) Bill is very excited to receive the Certificate of Title/Land Title for the property he has
just bought. He has the Certificate of Title/Land Title laminated. He now wishes to do a
Memorandum of Gift in favour of his son Phil.
Advise Bill.
(c) Patty was the registered proprietor of property in your territory. A few months ago she
went to visit her sister in London and left Shifty, her boyfriend, in charge of all her
affairs and in possession of her Certificate of Title/Land Title. While Patty was abroad,
Shifty forged Patty’s signature on the Transfer of the property to himself. Shifty then
sold the land to Harry who has since entered into possession and his name was entered
on the register as the new registered proprietor. Patty has recently returned and
discovered the forgery.
Advise Patty.
Question 3:
The Land Registry in your territory shows the following entries for the Certificate of Title
Volume 453 Folio 25 for a parcel of land comprising 750 square metres with a dwelling house
(hereinafter referred to as “the property”) thereon:
12/2/2010 Memorandum of Transfer from Joy View to Sara and John Haynes as
joint tenants.(As tenants in common in St. Lucia only.)
12/2/2010 Memorandum of Mortgage in favour of NY Bank for a term of 15

years to secure the sum of $2,000,000.
Meg entered into an agreement for sale in writing dated May 1, 2021 with the registered
proprietors to purchase the property at the price of $4,000,000 free from encumbrances. The
agreement is to be completed within 90 days and the registered proprietors intend to use the
164
proceeds of sale to settle the mortgage.
Sara recently informed Meg that John died on June 30, 2021, his body being cremated on July
1, 2021 at the Pearly Crematorium.
(a) Advise Sara on the steps and procedures to vest the property in Meg.
(b) Draft the application to endorse/delete the death of John/

(St. Lucia-Dratf the transmission documents)
(c) Draft the Memorandum of Transfer.
Guyanese students are required to draft the accompanying
affidavits/declarations.
Question 4:
In 1980, Tyrion Thrones was evicted from apartment premises. He, having nowhere
to live and not being able to afford to rent other premises, began occupying a vacant parcel
of land. In 1985, he met and married Isabella Stark and together they lived on the land
improving the house thereon over the years. The house on the land is now made of concrete
with three bedrooms. In 1987, the couple has a son Ned.
Tyrion through investigations had discovered that the land is owned by Arya Sansa as
evidence by Certificate of Title/land Title Volume 454 Folio 69.
Tyron wished to acquire legal title to the property.
Advise Tyrion on:

a) his rights to acquire title;
b) the procedure to be followed; and
c) the contents of the main statutory declaration/affidavit to be drafted
in support.
165
OF TITLE
YEAR II
UNIT 6
166
UNIT 6
MORTGAGES
Readings: Gibson, 20th Ed. pp. 298-316

Kodilinye, Ch.11
6.1 MORTGAGES OF UNREGISTERED LAND
Trinidad & Tobago ss. 27(1)(C), (D) and (F), 32-35
St. Kitts and Nevis 48 of Conveyancing and Law of Property’
Dominica: Statutes.
Grenada: Cap. 64 ss. 4(1) (C) and (E), 6-8, 30
Barbados: Property Act Cap 236, Part VII and Second Schedule
Bahamas: Ch. 123 Part IV - VI
NATURE OF UNREGISTERED MORTGAGE:
A mortgage may be defined as a transfer or charge, express or implied, of or in an estate or

interest in land by way of security for the payment of money.
A mortgage of land may be legal or equitable and it may be of freehold or leasehold. Such a
mortgage must be distinguished from a mortgage of other property such as a mortgage of a
policy of assurance or a chattel mortgage. A chattel mortgage is usually called a bill of sale
(or Mortgage Bill of Sale). The student should bear in mind that there are broadly speaking
two types of bills of sale.
(1) The bill of sale given e.g. on a motor car to secure a loan (here your local
Bills of Sale Act or Ordinance will apply).
(2) The special type of bill of sale given on a ship as security for a loan
167
(here the U.K. Merchant Shipping Acts or its local equivalent will
apply).
The mortgage of a freehold estate involves the conveyance of the mortgagors fee simple estate
to the mortgagee subject to the proviso that upon redemption (i.e. repayment) the property
should be reconveyed to the mortgagor.
The mortgage of a leasehold estate is created by a sub-demise subject to a proviso for cesser
on redemption.
6.2 MORTGAGES OF REGISTERED LAND
Antigua: Registered Land Act Cap 374. 64-82
Anguilla: No. 4 of 1974 S. 64-82
Barbados: Land Registration Act Cap 229 S. 70-89
Dominica: Cap. 56:50 S. 36-94
St Kitts and Nevis: Cap.10.19 S. 36-94
St Lucia: Cap 5:01 S 51-55

Civil Code Ch. 242 Act 1908-1966
Guyana: Land Registry Act. Ch. 5:02 S. 80-88
Trinidad & Tobago: Ch. 56:02 S. 87-98
NATURE OF REGISTERED MORTGAGE:
Mortgage is created by way of charge. The charge must be completed by entry on the register
of the person in whose favour it is made as proprietor and the particulars of the charge noted.
The mortgagee usually holds the Certificate of Title/Land Title in his possession.
Note the effect of a charge.
168
6.3 PRELIMINARY MATTERS
VALUATION:
Before the money is lent the property offered as security will in the normal course of things be
valued by a competent valuer who is usually appointed by the mortgagee but paid by the
mortgagor.
AMOUNT TO BE LENT:
Some lenders lend up to 90% to 100% of the value of the property. But whenever your client
(the mortgagee) is relying on your advice as to the amount to lend never advise him to lend up
to the full value of the property. A safe amount to lend is two-thirds of its value because the
mortgage debt may, subsequent to the loan, be increased by arrears of interest and by sums
expended by the mortgagee on the property for insurance, repairs and similar matters.
There is also the possibility that the property may decrease in value. Sometimes, as additional
security, the mortgagee may require the mortgagor to effect a policy of assurance on the
mortgagor's life so that the sum of money collected from the insurance company can be used
to pay off the mortgage debt.
INVESTIGATION OF TITLE:
The procedure is the same as on a sale but the conveyancer acting on behalf of the mortgagee
would be even more careful in his searches and enquiries and there will be no special
conditions limiting the mortgagee's rights; for example, there will be no special condition
shortening the length of title required to be shown under an open contract.
COSTS:
The mortgage is usually prepared by the mortgagee's conveyancer but the costs of preparing
that document together with the costs of investigating the title are borne by the mortgagor.
169
6.4 LEGAL MORTGAGE OF FREEHOLDS (Unregistered Land):
In all the territories except Barbados, when a legal mortgage of freeholds is created the fee
simple estate in the land is conveyed to the mortgagee subject to a proviso for redemption And
when all monies due under the mortgage is repaid the mortgaged property is reconveyed to the
mortgagor by a deed called reconveyance.
So far as Barbados is concerned, up to 1979 a legal mortgage of freeholds was created and
reconveyed in the manner mentioned above. Since 1980 the provisions of the Property Act,
1979 apply (See inter alia Part VII, forms 1 to 5 of the Second Schedule and paragraph 6 of
the Fourth Schedule). As a result of these provisions a legal mortgage of freeholds is now
created by a charge by deed (s. 96) and mortgages created before 1980 by the conveyance of
the fee simple are converted into charges by deed (Fourth Schedule, para. 6). Further, there is
now no necessity for a reconveyance: See s. 123 but read the whole section and note the
provisions of subsections (4) and (9). The form which a legal mortgage now takes in
Barbados in similar to the Charge by deed expressed to be by way of legal mortgage created
by s. 85 of the Law of Property Act 1925 (U.K.). The discharge mentioned in s. 123 of the
Property Act (Barbados) is also similar to the discharge mentioned in s. 115 of the U.K. Law
of Property Act, 1925. Therefore English material on these topics will be of assistance to the
Barbadian student. Two very important points I would like to emphasize, however, are these:
1. The Barbados Property Act only changed the form of the mortgage - a mortgage is still
a mortgage.
2. Because of your new form of mortgage there seems to be nothing to prevent a person
from creating successive legal mortgages on his land. This cannot be done in the other
territories.
Attached are:
1. For all the territories except Barbados, a form of a legal mortgage of the fee simple
and a reconveyance (forms I and II).
2. For Barbados, a form of a Deed of Charge by way of Legal Mortgage and a Receipt
and Release (Forms III and IV).
170
CONTENTS OF MORTGAGE DEED
A mortgage consists of:
(1) a personal covenant for payment of a debt
Cases: Tate v Crewdson (1938) 3 ALL ER 43

Wallingford v Murral Society (1880) 5 App. Cas. 685
(2) a disposition or charge of the mortgagor's estate
EQUITY OF REDEMPTION
Re Wells, Swinburne-Hanham v Howard (1933) Ch. 29
(This does not apply to registered land)
PROVISO FOR REDEMPTION
(a) Legal or contractual right to redeem on the appointed date.
(b) The equitable right to redeem.
Case: Krelinger v New Patagonia Meat & Cold Storage Co. Ltd. 1914 AC 25 at 48
6.5 Registered Land:
Anguilla: Cap 374S 70 - 71

Antigua: Cap R30 S 70-71
Barbados: Cap 229 S 78-79
171
6.6 DRAFTING OF MORTGAGES AND PRECEDENTS
FORM I
MORTGAGE DEED
Trinidad & Tobago and other jurisdictions (except Barbados)
Date and Parties THIS MORTGAGE is made the 1st day of February, 1978 BETWEEN
MAURICE BERNARD KARAM of No. 1 Fort Avenue in the Parish
of St. Michael etc. Merchant (hereinafter called the BORROWER
which expression shall where the context so admits include his
personal representatives and assigns) of the ONE part and RALPH
ORLANDO WILLIAMS of Mt. Rose Estate in the Parish of St. Maria
etc. Planter (hereinafter called the LENDER which expression shall
where the context so admits include his personal representatives and
assigns) of the OTHER part.
RECITALS WHEREAS -
1. Seisin (1) The Borrower is seised of the property hereby mortgaged

(hereinafter called the property) for an estate in fee simple in
possession free from incumbrances.
2. Agreement (2) The Lender has agreed with the Borrower to lend to him for
Loan the sum of $50,000.00 upon having the repayment thereof with
interest thereon as hereinafter mentioned secured in manner hereafter
appearing.
NOW in pursuance of the said agreement and in consideration of the

sum of $50,000 now paid by the Lender to the Borrower (the receipt of
which sum the Borrower hereby acknowledges).
THIS MORTGAGE WITNESSETH as follows:
172
FIRST 1. The Borrower hereby covenants with the Lender to pay to the
TESTATUM Lender on the 31st day of July next the said sum of $50,000 with
interest (Borrower's thereon at the rate of $8.00 per centum per
annum from the date hereof Covenant to pay AND FURTHER if the
said sums or any part thereof shall not be so paid principal and to pay
to the Lender (as well after as before any judgment or order) interest
interest) on the principal money for the time being hereby secured at
the rate aforesaid by equal half yearly payments on the 31st day of July
and the 31st day of January in every year.
SECOND 2. The Borrower as BENEFICIAL OWNER hereby

TESTATUM CONVEYS unto the Lender ALL THAT the property specified in
the Schedule hereto (borrower TO HOLD the same UNTO and TO
THE USE of the Lender IN FEE conveys to Lender) SIMPLE
subject to the proviso for redemption hereinafter contained.
PROVISO FOR 3. PROVIDED ALWAYS that if the Borrower shall on the said
REDEMPTION 31st day of July next pay to the Lender the said sum of $50,000 with
interest thereon at the rate aforesaid then and in such case the Lender
shall at the request and cost of the Borrower reconvey the property to
the Borrower or as he shall direct.
BORROWER'S 4. The Borrower hereby further covenants with the Lender at all
COVENANT'S: times during the continuance of this security -
1. Outgoings (1) (To pay outgoings)

2. Insurance (2) (To keep buildings insured)
3. Repairs (3) (to keep buildings repaired)
4. Default in (4) (Power to Lender to insure and repair in
Insurance Repair case of default by borrower etc.)
173
5. Application of (5) (Application of insurance monies received on
insurance damage, destruction or loss of property etc.)
(and other covenants required)
5. AND IT IS HEREBY AGREED as follows -
1. Express power (1) required in territories where there is no legislation

of sale giving the Lender a statutory power of sale e.g. in St. Vincent
and the Lender desires to have power to sell the property
without resorting to court proceedings).
2. Modification of (2) separate clauses can be put in modifying the statutory

Statutory Power power of sale, the Borrower's statutory powers of leasing,
Etc.)
3. Attornment Clause (3) attornment clause
4. Notice (4) provision for mode of service of notices)
(and other matters agreed upon)
SCHEDULE
EXECUTION IN WITNESS etc.

(to be executed by both parties)
174
F O R M II
RECONVEYANCE OR RELEASE
THIS RECONVEYANCE made the 16th day of January, 1981

BETWEEN RALPH ORLANDO WILLIAMS of Mt. Rose etc. Planter
(hereinafter called the LENDER) OF THE one part and MAURICE
BERNARD KARAM of No. 1 Fort Avenue etc. MERCHANT
(hereinafter called the BORROWER) of the OTHER part is
supplemental to a Mortgage dated the 1st day of February, 1978 made
between the Borrower of the ONE part and the Lender of the Other
part and recorded/registered in ...... (hereinafter called the said
Mortgage) whereby the property hereinafter called the said Mortgage
whereby the property hereinafter described and conveyed was
conveyed to the Lender in fee simply by way of Mortgage for securing
the principal sum of $50,000 and interest thereon as therein mentioned.
(1) The Borrower has paid to the Lender the said principal sum and
interest due in respect thereof.
(2) The Lender has at the request of the Borrower agreed to

reconvey the said property to the Borrower as in manner hereinafter
appearing.
NOW THIS DEED WITNESSETH that in pursuance of the foregoing

and in consideration of the sum of $50,000 together with all interest
due thereon paid by the Borrower to the Lender the receipt of which
sums the Lender hereby acknowledges).
175
(See s. 27 The Lender as MORTGAGEE hereby releases and conveys unto the
(1)(F) of Ch. 27 borrower ALL THAT the property comprised in the said Mortgage
No. 12 - T.T.) TO HOLD the same UNTO and TO THE USE of the Borrower IN
FEE SIMPLE freed and discharged from all monies secured by and all
claims and demands under the said Mortgage.
IN WITNESS etc.
(execution by Lender)
**************
176
F O R M III
DEED OF CHARGE BY WAY OF LEGAL MORTGAGE
BARBADOS
THIS DEED OF CHARGE by way of Legal Mortgage is made this .......... day of
................ One thousand nine hundred and eighty-five BETWEEN ........................ resident of
Barbados for the purposes of the Exchange Control Act Chapter 71 of the Laws of this Island
(hereinafter usually called "the Mortgagor") of the ONE PART and SOUTHERN
ASSURANCE SOCIETY a corporation incorporated by Statute of this Island and having its
Registered Office situate at No. 1511 North Street, Bridgetown in this Island (hereinafter
usually called "the Mortgagee) of the OTHER PART.
WHEREAS the Mortgagor is the estate owner of the fee simple absolute in possession
in the property described in the First Schedule hereto subject as appears in the Second
Schedule hereto but otherwise free from encumbrances.
AND WHEREAS the Mortgagor has applied to the Mortgagee for a loan of
..................... thousand dollars for the purpose of .......................... which the Mortgagee has
agreed to make upon having the repayment thereof secured in manner hereinafter appearing
and upon the terms and conditions herein contained and hereunder implied.
NOW THIS DEED WITNESSETH as follows:-
1. In this Mortgage:
"Appropriate rate" means eleven dollars per centum per annum or such increased or
reduced rate of interest as may from time to time be in force under the provisions of
this Mortgage; "building" shall include boundary walls gates and fences; "the principal
sum" means the monies lent and advanced by the Mortgagee to the Mortgagor and/or
the balance thereof from time to time secured by this Mortgage; Subject to any
expressed provisions to the contrary herein contained the provisions and definitions
177
contained in or implied by the Property Act 1979-11 of Barbados shall apply and
extend to this mortgage.
2. In pursuance of the said recited agreement and in consideration of the principal sum of
........................... lent and advanced to the Mortgagor by the Mortgagee (the receipt
whereof the Mortgagor hereby acknowledges) the Mortgagor hereby covenants with
the Mortgagee:
(i) To pay to the Mortgagee the principal sum and interest thereon at the
appropriate rate as well after as before maturity and both before and
after default such interest to accrue from day to day.
(ii) To pay to the Mortgagee such interest from the .......... day of
................…. 19 ..............
(iii) Until demand to pay the principal sum and interest thereon by
instalments and in the manner following that is to say the sum of
............................. on the last day of ...........................
19 ........ and a like instalment on the last day of each and every month
thereafter until all monies secured hereby have been repaid in full.
(iv) That notwithstanding the provisions of sub-clauses (i), (ii), and (iii) of
this clause the principal sum and the interest thereon and all other
monies owing hereunder shall become immediately due and payable by
the Mortgagor to the Mortgagee in any of the following events:
(a) if default is made for a period of fourteen days (as to

which time shall be of the essence) in the payment of
any instalments of principal and or interest or other sum
of money payable to the Mortgagee hereunder (whether
or not notice requiring payment thereof shall have been
served upon the Mortgagor);
178
(b) if the mortgagor fails to perform or observe any express
or implied covenant agreement or obligation on the part
of the Mortgagor;
(c) if the Mortgagor commits any act of bankruptcy or
makes any assignment for the benefit of or enter into
any arrangement or composition with the creditors of
the Mortgagor;
(d) if the property or any part thereof is compulsorily
acquired or requisitioned;
(e) if any other creditor shall proceed against the property;
3. It is hereby agreed and declared as follows:
(i) [Provisions to increase or reduce appropriate rate of interest].
(ii) The Mortgagee may from time to time in writing at the absolute
discretion of the Mortgagee permit the Mortgagor to repay principal
and interest by instalments other than those herein provided for or may
remit any instalment or give further time for the payment of any
monies hereby secured or with the approval of the Mortgagor generally
make such other arrangement as to the mode and time or payment of
any monies (whether principal or interest or otherwise) as the
Mortgagee may think fit provided that no such arrangement shall affect
the power of sale and other powers hereby or by statute conferred on
the Mortgagee or render the Mortgagee liable in damages or otherwise
for the exercise of any such power in any case where if any such
arrangement had not been made such liability would not have arisen.
(iii) That the Mortgagor shall be at liberty on any monthly payment date
herein stipulated for payment on account of the principal sum and
179
interest if there shall then be no subsisting breach of any expressed or
implied covenant or agreement to pay to the Mortgagee the whole of
the said principal sum then outstanding or make an additional payment
of One thousand dollars or any whole (but not fractional) multiple
thereof on account of the said principal sum and upon payment of an
additional sum equal to three months interest on the amount so prepaid
if such prepayment date occurs before the fifth anniversary date of this
Mortgage.
4. The Mortgagor AS BENEFICIAL OWNER doth hereby mortgage the estate in fee
simple absolute in possession of the Mortgagor in ALL THAT the property described
in the first Schedule hereto to the Mortgagee with the payment in accordance with the
covenants herein contained or implied the principal sum interest and other money
hereby expressly or impliedly covenanted to be paid by the Mortgagor.
5. The Mortgagor hereby covenants with the Mortgagee in manner following that is to
say:-
(i) [Covenant to insure buildings on mortgaged property]
(ii) [Covenant to keep buildings in repair]
(iii) To comply with all enactments and regulations under the Town and
Country Planning Act for the time being in force and with all bylaws
whether under that Act or any other legislation which may affect the
property from time to time.
(iv) To comply with the provisions of the Landlord and Tenant

(Registration of Tenantries) Act 1977 Cap. 230A of the Laws of
Barbados in the event of the property being let.
180
6. It is hereby agreed and declared as follows:-
(i) All monies payable hereunder by the Mortgagor to the Mortgagee

shall be paid to the Mortgagee without any deductions whatsoever at
the Mortgagee's principal place of business in Barbados or at such
other place in Barbados as the Mortgagee may from time to time
designate for the purpose.
(ii) Any notice hereunder shall be deemed to duly serve in the case of
notice to the Mortgagor if it is addressed to the Mortgagor at and left at
or posted by registered post to the property or the Mortgagor's last
address known to the Mortgagee and in the case of Notice to the
Mortgagee if it is addressed to the Mortgagee at and left at or posted by
registered post to the Mortgagee's principal place of business in
Barbados or the place if any for the time being designated by the
Mortgagee for the payment of monies hereunder and any such notice
which is posted as aforesaid shall be deemed to have been served forty-
eight hours after the posting thereof.
(iii) No delay in exercising or omission to exercise any right power or

remedy available to the Mortgagee upon any default under this
mortgage shall impair such right power or remedy or be construed as a
waiver thereof or as acquiescence in such default nor shall any act or
omission of the Mortgagee in respect of any default or any
acquiescence by the Mortgagee in any default affect or impair any right
power or remedy of the Mortgagee in respect of any other default.
(iv) The Mortgagor shall not be entitled to exercise any powers of leasing
or accepting surrenders of leases given by any Statute in that behalf
except with the consent in writing of the Mortgagee.
181
(v) The provisions of any Statute restricting the Mortgagee's right of
consolidation shall not apply to this mortgage.
(vi) The taking of a judgement of judgements on any covenant or

covenants herein contained shall not operate as a merger of the said
covenant or covenants or affect the Mortgagee's right to interest at the
rate and time herein set forth.
And the Mortgagor hereby certifies as follows:-
(a) that the consideration stipulated in this mortgage represents the fair
market value of the mortgage interest in the property which is hereby
transferred;
(b) that this mortgage is security for monies lent and advanced for the
purpose of .....................
(c) that the Mortgagor is resident in Barbados for the purposes of the
Exchange Control Act of Barbados and is a Citizen of Barbados for the
purposes of the Property Transfer Tax Act of Barbados.
IN WITNESS WHEREOF this mortgage is executed under Seal the day and year first
before written.
THE FIRST SCHEDULE ABOVE REFERRED TO
THE SECOND SCHEDULE ABOVE REFERRED TO
182
SIGNED SEALED AND DELIVERED by the )
said ....................... in )
the presence of:- )
Witness:
Name:
Abode:
THE COMMON SEAL OF THE BARBADOS )

MUTUAL LIFE ASSURANCE SOCIETY )
was hereto affixed by its Secretary )
) Countersigned
) Directors
)
Secretary
Witness:
Name:
Abode:
183
F O R M IV
RECEIPT AND RELEASE
BARBADOS
THIS RECEIPT AND RELEASE made the ..............day of .................... One thousand
nine hundred and eighty-five BETWEEN ......................................... (hereinafter usually called
"the Mortgagee") of the ONE PART and ............................... (hereinafter usually called "the
Mortgagor") of the OTHER PART:
WITNESSETH that the Mortgagee hereby acknowledges that ................. has received
all monies principal and interest secured by the Mortgage (hereinafter called "the Principal
Deed") dated the .......... day of ............... One thousand nine hundred and ...................
(recorded in the Registration Office on the .............. day of ................. One thousand nine
hundred and ................. as Deed Number ........... of 19 .......) and made between the Mortgagor
of the One Part and the Mortgagee of the Other Part as security for the repayment of the
principal of ................................. dollars in consideration whereof the Mortgagee hereby
GRANTS AND RELEASES unto the Mortgagor ALL AND SINGULAR the property
described in the Principal Deed to HOLD the same unto the Mortgagor in fee simple freed and
absolutely discharged from the Principal Deed and all monies thereby secured and of and from
all actions claims and demands in respect thereof.
IT IS HEREBY CERTIFIED as follows:-
1. That the consideration herein expressed represents the fair market value of the
mortgage interest in the property hereby transferred; and
2. That the Principal Deed was security for monies lent and advanced to the Mortgagor
for the purpose of (purchasing the property mentioned in the Principal Deed).
IN WITNESS WHEREOF this Receipt and Release is executed under seal the
day and year first hereinbefore written.
184
the said ........................ )
in the presence of:- )
Witness:
Name:
Abode:

the said ........................ )
in the presence of:- )
Witness:
Name:
Abode:
185
BARBADOS PRECEDENT INSTRUMENT OF CHARGE
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
6.7 USUAL COVENANTS CONTAINED IN A MORTGAGE
COVENANTS
Readings: Gibson, 20th Ed. pp. 310-342; 354-355
Grenada - Cap. 64 (Part on Mortgages)

Trinidad & Tobago
St Kitts and Nevis - Conveyancing and Law of Property
Dominica Statutes (Part on Mortgages).
Barbados - Property Act Cap 236 Part VII &
2nd Schedule
COVENANTS BY MORTGAGOR (Unregistered Land)
1. Covenant for title

2. Covenant to repair
3. Covenant to insure
4. Covenant to pay rent rates and taxes
5. Power to grant leases and accept surrenders.
IMPLIED COVENANTS BY THE MORTGAGOR (Registered Land)
Guyana - Ch. 5:03 S 81

Barbados - Cap.229 S 75
Anguilla - Cap 374 S 67
Antigua - No. 17 of 1975 S 67
NOTE: these covenants are implied where there are no express covenants in the
Memorandum of Mortgage. However it is the costume of Mortgages to contain
express covenants on the part of the mortgagor.
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6.8 ENFORCEMENT
ENFORCING THE SECURITY
The Conveyancer acting on behalf of the mortgagee must, in addition to having the ability to
draw a proper mortgage deed, also know what steps should be taken to collect his client's
money. There are several modes of enforcing the security created by the mortgage.
PERSONAL COVENANT
(a) The mortgagee may sue the mortgagor on the personal covenant to repay contained in
the mortgage deed.
Case: Gordon Grant v Boos
(b) Entry into possession: In practice the mortgagor remains in possession of the
mortgaged property. But the mortgagee has the right at common law to enter into, or
bring an action for, possession at any time after execution of the mortgage deed. On
entry into possession the mortgagee would receive the rents and profits of the land and
apply them towards money due on the mortgage. Sometimes, however, the mortgage
deed expressly limits the right of entry into possession by providing that the mortgagee
shall allow the mortgagor to remain in quiet possession of the property until default in
payment of principal or interest or in the observance or performance of a covenant on
the part of the mortgagor contained in the mortgage deed. This common law right of
entry into possession has been abolished in Barbados: See Section 98(2)(b) of the
Property Act. But the conveyancer should think twice before advising his client (the
mortgagee) to take possession, because –
(i) A mortgagee in possession is bound to account strictly for all rents and profits
which he has, or ought to have, received.
Case: Cockburn v Edwards (1881) 18 Ch. D 449
(ii) If he occupies the land himself instead of letting it, he is chargeable with rent
must pay rent.
(iii) He is not entitled to any remuneration for his personal services in the
management of the property.
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(iv) He is liable for voluntary waste.
Cases: See, on entry into possession,
White v City of London Brewery (1889) 42 Ch. D. 237, and Langton v
Langton 7 D.M. & G 30, 27.
In practice the mortgagee exercises this right only when he wishes to exercise his
power of sale and in such a case he enters into possession just before the sale.
(c) Appointment of a Receiver: The appointment of a receiver is a means whereby a

mortgagee, who desires to avoid the liabilities attending possession, may ensure that
the rents and profits of the land are applied towards payment of the mortgage debt.
In England before 1860, a receiver could be appointed only under express provision
in the mortgage deed or by virtue of an order of the court. This is the position in St.
Vincent and the Grenadines, and was the position in Barbados until the passing of the
Property Act. The statutory power of appointing a receiver was first conferred on
mortgagees by Lord Cranworth's Act, 1860 (U.K.). This Act was repealed and
replaced by ss. 19 and 24 C.A. 1881 (U.K.) - enacted in all the territories, except St.
Vincent and the Grenadines: See e.g. ss 110 (1) (c) and 118-119 Property Act,
Barbados; and ss. 39 (1)(c) and 47 of Ch. 56:01 (TT). The statutory power
corresponds with the power usually expressly inserted in deeds before 1860. The
statutory power arises when the mortgage money becomes due (the contractual date
for repayment), but does not become exercisable until the mortgagee has become
entitled to exercise his power of sale (See power of sale infra). No statutory power is
conferred to appoint a receiver unless the mortgage is by deed: See e.g. s. 39(1)(c)
Ch. 56:02 (TT) and s. 110 (1)(c) Property Act, Barbados.
(d) Sale: The sale of the mortgaged property and payment out of the proceeds of sale of
the sum due under the mortgage is the course most commonly adopted for realization
of the security.
In England before 1860 it was the practice to insert in the mortgage deed an express
power of sale, to arise after default in payment of the mortgage debt. And the
mortgagee was by that power enabled to sell the mortgaged property without reference
either to the mortgagor or to the court.
By Lord Cranworth's Act, 1860 (U.K.) mortgagees were given a statutory power of
sale. This Act was repealed and replaced by ss. 19-22 of the Conveyancing Act 1881
(U.K.) - in turn replaced by 101-107 of the Law of Property Act, 1925 (U.K.). These
213
provisions have been enacted in all the territories except St. Vincent: See e.g. ss. 39-
45, Ch. 56:01 (TT) and ss. 99 and 110-116 of the Property Act, Barbados. The
Barbados provisions are in some respects different from the English provisions and
should be carefully compared, for example, with the Trinidad & Tobago provisions.
The statutory power of sale is given when
(i) The mortgage is by deed.
(ii) The provisions of the statute are not excluded or varied (as they may be varied
by the terms of the mortgage deed (see e.g. s. 39(2) Ch. 27, No. 12 (TT); and
(iii) The deed is executed after a certain date, mentioned in the legislation: (See
e.g. s. 110(6) of the Property Act, Barbados).
The power of sale arises when the mortgage money becomes due (the contractual date for
repayment). But it was held in Payne v Cardiff R.D.C. (1932) 1 K.B. 241 that the whole of the
mortgage money need not be due. This would take care of money due on a mortgage which
provides for payment by instalments: See e.g. s. 39(1)(c) Chap 56:02 (TT) and s. 110 (1)(a)
Property Act, Barbados.
In Trinidad & Tobago, Grenada, Dominica and St. Kitts & Nevis, the statutory power of sale
becomes exercisable in one of three (3) cases:--
(i) When notice requiring payment has been served on the mortgagor and default
has been made for three months after such service: or
(ii) Some interest is in arrear and unpaid for two (2) months after becoming due; or
(iii) There has been breach of some provision in the mortgage deed by the mortgagor other
than the covenant for payment (See s. 41, Chap 56:02 (TT).
The position in Barbados is similar but not quite the same: see S. 111, Property Act.
In practice it is usual to vary these statutory restrictions by expressly providing in the

mortgage deed that the statutory power of sale shall become exercisable as soon as the
mortgage debt becomes due.
Case: Derrick v Trinidad Asphalt Holdings Ltd TT 1980 CA 14
214
Students must know how to draft the conveyance to be executed by a mortgagee when
he sells in exercise of his power of sale.
(e) Foreclosure: At any time after the day for payment appointed in the proviso for
redemption, the mortgagee may bring an action for foreclosure of the equity of
redemption in the mortgaged property against the mortgagor or his successors in title.
The procedure is governed by the Rules of the Supreme Court, and is briefly summarised as
follows:
(i) The mortgagee makes application to the court for foreclosure.
(ii) There is a first hearing when an order nisi is made giving the mortgagor a
limited time within which to redeem - usually six months.
(iii) Upon expiration of that time an order absolute, called an order for foreclosure,
is made whereby the mortgaged property is vested in the mortgagee free from
the equity of redemption.
Foreclosure proceedings are slow, cumbersome and expensive, and are hardly used in
practice.
Trinidad and Tobago see Part 69 Civil Procedure Rules.
Such, then, are the remedies of a mortgagee. He may pursue all these remedies concurrently
or successively. So, if on a sale of the mortgaged property the amount realized is not
sufficient to pay off the mortgage debt, the mortgagee can sue on the covenant to repay for the
outstanding balance.
In Barbados foreclosure actions were once used to confirm in the mortgagor good title to the
property. (See Article behind the Circulation Desk in the Library entitled “The Foreclosure
Suit” for the history). This has now been preceded by the Title By Proceedings Act 2011.
215
6.9 ENFORCEMENT OF SECURITY (Registered Land)
Dominica - Chap 56:50 S 45, 48-49 S 71-94

St Kitts & Nevis - Cap. 279 S 45, 48-49 S 71-
St Lucia - Code of Civil Procedure –
to sell immovable. Part V Art 495 and
continuing
Antigua - Cap 374 - S 72-78
Barbados - Cap 236, S 80-84
Anguilla - No. 4 of 1974, S 72-78
Guyana - Cap. 5:02 - S 88
Trinidad & Tobago - Ch. 56:02 - S 88
DISTRIBUTION OF PROCEEDS OF SALE

For Priorities St. Lucia see case:
National Insurance Corporation v Winmark Ltd. [2009] UKPC 9
See relevant sections in legislation.
Additional material to be provided on this topic on TWEN.
6.10 TYPES OF MORTGAGE DEEDS
1. MORTGAGES OF LEASEHOLDS
2. TRANSFER OF MORTGAGES
3. SUB-MORTGAGES
4. DEED OF FURTHER CHARGE
5. SECOND AND SUBSEQUENT MORTGAGES
6. RECONVEYANCES, RELEASES AND DISCHARGES
216
6.11 EQUITABLE MORTGAGES
Readings: Gibson pp. 342-345

Owusu Ch.7
Grenada
Trinidad & Tobago - Conveyancing and Law of Property
St Kitts & Nevis Statutes (Part on Mortgages).
Dominica
Barbados - Property Act, 1979 Part VII

[Note s. 100 and 4th Sch: para 6(2)(a)]
EQUITABLE MORTGAGES
The following are the usual modes of creating an equitable mortgage of land:
1. When the Mortgagor owns an equitable interest only:
If the mortgagor, at the time of creating a mortgage of his land, holds an equitable
interest only in the land, that mortgage must necessarily be equitable. For example, if
a legal mortgage is created by a conveyance of the legal estate, it follows that any
subsequent mortgage of that land while the first mortgage subsists, is a mortgage of
the equity of redemption (an equitable estate) and therefore an equitable mortgage.
[Such a subsequent mortgage created in Barbados before 1980 is still an equitable
mortgage: See Property Act, 1979, Fourth Schedule, para. 6(2)(a)]. Another example
under this heading is a mortgage of a beneficial interest under a trust - the legal estate
is vested in the trustees, the equitable interest in the beneficiary.
2. When the Mortgagor owns the legal estate:
A person may be the legal owner of land and yet create an equitable mortgage of the
land by deliberately abstaining from or by being required by the lender to abstain from
creating a legal mortgage (bankers love equitable mortgages) AND agreeing to give an
equitable mortgage on the land. This type of equitable mortgage can be created in one
of three ways.
217
(a) By deposit of title deeds only
An agreement to give a charge on land falls within the provisions of the Statute
of Frauds (U.K.) as received or enacted in these territories and is required to be
evidenced by writing or fall within the doctrine of part performance. And it is
well established that a mere deposit of the title deeds relating to land, or a
material portion of them, without any writing creates an equitable mortgage of
the land to which those deeds relate on the ground that the deposit amounts to
a sufficient act of part performance of the agreement to give security: See
Russel v Russel (1783) 1 Bro. C.C. 269; Dickson v Muckleston (1872) L.R. 8
Ch. App. 155. But an actual deposit as security for the loan is necessary to
take the case out of the statute: Re Beetham (1887) 18 Q.B.D. 766. It should
be noted also that an agreement to deposit is not sufficient if no deposit is
made, unless the agreement is evidenced by writing Lloyd v Attwood (1859) 3
De G. & J. 614. Such an equitable mortgage cannot be created in Trinidad and
Tobago and St. Vincent & the Grenadines because the original title deeds are
kept at the Registry of Deeds.
Barclays Bank International Ltd. V Edwards vol. 3 OECS Reports 605.
(b) By agreement in writing or by deed showing an intention to charge the land:

See Craddock v Scottish Providential Institution (1894) 64 Lv. Ch. 15. Under
the Walsh v Lonsdale principle. In Trinidad and Tobago a duly registered deed
charging the land is recommended.
(c) By a deposit of title deeds accompanied by a memorandum of deposit:

Such a memorandum may be under seal (by deed) or under hand only. The
memorandum should refer to the deposit and state that it is intended as security
for the loan.
Release of equitable Mortgages:

Generally, a release is not necessary. But whenever an equitable mortgage in wiring or by
deed is registered or recorded a release should be made out and also registered in order to
clear the title.
Precedents:
See the relevant forms in the Enc. of Forms and Precedents.
218
Remedies of an Equitable Mortgage:
(a) Foreclosure:
See James v James (1873) L.R. Eq. 153 but by s. 91 Law of Property Act, 1925 (U.K.) in a
foreclosure action the mortgagee may obtain an order for sale. This section has been enacted
in Trinidad and Tobago, Dominica and St. Kitts & Nevis: See e.g. s 49 Ch. 27, No. 12 (TT).
Ascertain whether a similar provision has been enacted in Barbados and Grenada.
(b) Sale:
Bear in mind that when an equitable mortgage is created by a memorandum (with or without a
deposit of deeds) that memorandum may be under hand only or under seal (or by deed). If the
memorandum is under seal (or by deed) the mortgagee is given a statutory power of sale (see
note on sale in last hand-out). But he can sell and convey the equitable estate in the land only
and not the legal estate: See Conveyancing Act 1881, s. 21 (U.K.) Law of Property Act, 1925
s. 104 (U.K. and Ch. 27, No. 12, s. 42 (TT). Ascertain whether a similar provision exists in
Barbados and in Grenada. Note the words "such estate and interest therein as is the subject of
the mortgage". See also and interpret s. 112 (1) Property Act, Barbados; also Re Hodson
(1887) 35 Ch. D. 668 Lord Dennings opinion (obiter) to the contrary in Re White Rose
Cottage (1964) Ch. 483 is interesting.
Now while a purchaser would readily buy a legal estate he would be most unwilling to buy an
equitable estate only. Therefore, in practice one of two methods is adopted to empower the
equitable mortgagee to sell the legal estate (when the legal estate is owned by the mortgagor):
(i) A clause is included in the memorandum (or equitable mortgage) by which the
mortgagor appoints the mortgagee, as the mortgagor's attorney to sell and
convey the legal estate in the mortgaged land. Remember that a power of
attorney authorising an attorney to sell land must be by deed; or
(ii) A declaration of trust is included in the memorandum or equitable mortgage

stating that the mortgagor holds the legal estate in the land on trust for the
mortgagee together with a clause empowering the mortgagee to remove the
mortgagor as such trustee and to appoint himself (the mortgagee) as the new
trustee. Then when the mortgagee wishes to sell he would execute a deed
appointing himself as the new trustee, thereby vesting the legal estate in the
mortgaged property in himself. Trustees by statute usually have power to
sell land - see s. 4, Trustee Act 1925 (U.K.) and London & Country Banking
co. (1897) 1 Ch. 642. Compare your local Trustee Acts.
219
(c) Receiver:
If the memorandum or equitable mortgage is under seal (or by deed) the mortgagee may
appoint a receiver. See my note on Appointment of Receiver in the last hand-out).
(d) The mortgagee may sue for money lent.
(e) Possession:
It is doubtful whether the mortgagee can take possession of the mortgaged property without an
order of the court: See Vacuum Oil Co. v Ellis (1914) 1 K.B. 693 at 703. In Barbados an
order of the court must be obtained: s. 98 of Property Act, 1979.
Registered Land
St Kitts & Nevis - Cap 279 s. 59-63

Dominica - Chap 56:50 s. 59-63
SEMINAR ACTIVITY AND QUESTIONS
ACTIVITY 1
Mr. and Mrs. Downton wish to obtain a mortgage on the residential property known as “the
Downs” which they are purchasing from the owner Earl Carnanavon. They have come to you,
a loan officer at Moneybags Bank to advise them on:
(i) The types of mortgages which may be available;

(ii) The documents required;
(iii) The general conduct of the transaction.
ACTIVITY 2
WEB QUEST
Investigate the web site of the Central Bank of your territory or a Financial Institution of your
territory. Do a Short Report with reference to commercial and residential mortgages.
220
Question 1:
Supply your own facts and draft the following: a conveyancing on sale/transfer by a
mortgagee in exercise of his power of sale.
QUESTION 2 AND 3 CAN BE ANSWERED IN ACCORDANCE WITH THE

COMMON LAW SYSTEM, THE REGISTRATION OF TITLE SYSTEM OR THE
ROMAN DUCTCH SYSTEM:
QUESTION 2 AND 3 ARE BASED ON THE FOLLWING FACTS:
Big Bucks moved to your territory in 2010 in the hope of settling and making a good life for
himself. He opened a restaurant selling exotic foods not normally found in your country and
sales were steadily increasing. Tired of his living arrangements where he had to rent an
apartment far from his restaurant, Big Bucks approached Plenty Money Bank for a loan to
purchase a home known as “Forest Hill Villas” which is closer to his restaurant.
Plenty Money Bank, being impressed with Big Bucks’ cash flow and income, granted him a
mortgage over “Forest Hill Villa”. The sum of $1,800,000 is now due under the mortgage.
Due to Big Buck’s inability to obtain much needed $US funds to import raw materials for his
business, sales started to decline and he has not made his mortgage payments to Plenty Money
Bank since January this year.
Not wanting to “throw in the towel” on his business, Big Bucks decided to diversify by
switching to local raw material. He obtained another mortgage on “Forest Hill Villa” last year
with Fokelaw Bank for the sum of $1,000,000 to be repaid within eight years. Interest is due
on this mortgage for the past two months and $625,000 is still owed.
Big Bucks’s decreased income has caused him to take a personal loan from his good friend,
Dwen, for the sum of $100,000. Electricity charges in the sum of $30,000 are owed on “Forest
Hill Villa”, as well as the respective sums of $50,000 and $75,000 are owed for the property
taxes and water rates.
In order to help diversify, Blue Distributors supplied local raw materials to Big Bucks for
which he is yet to pay. Blue Distributors registered a judgment last week against Big Bucks
for the sum of $25,000.
Big Bucks who still lives in “Forest Hill Villa” makes excuses and deliberately misses
meetings with Plenty Money Bank to discuss his increasing debt to them and he disappears
when he sees the bank’s officials coming to visit his property. He does not answer when the
bank tries to get his attention.
221
Question 2:
Plenty Money Bank has come to you seeking advice on selling “Forest Hill Villa” in order to
get the bad debt off their books quickly.
Advise Plenty Money Bank.
Question 3:
Plenty Money Bank has now sold “Forest Hill Villa” subject to the water rates. The cost of
sale was $10,000 and the sale realised the sum of $2,500,000.
Advise Plenty Money Bank on the distribution of the proceeds of sale.
Question 4:
Do Question 1 Part (e) Unit 1.
ACTIVITY 3
Comparing systems cards game.
CONGRATULATIONS!!!!
YOU HAVE MADE IT TO THE END
No part of this manual may be reproduced in any form or by any means, electronic, mechanical, photocopy or otherwise, without the prior permission of the
Council of Legal Education.

222
YEAR II

OF TITLE
ROMAN DUTCH CONVEYANCING

Course Director: Mrs. Nisha Mathura-Allahar
No part of this manual may be reproduced in any form or by any means, electronic, mechanical,
photocopy or otherwise, without the prior permission of the Council of Legal Education.

223

AIMS AND OBJECTIVES
To produce competent Roman Dutch Conveyancers aware of the law and practice in the
area as it has developed over the years in Guyana.
To enable students to competently advise on various Roman Dutch Conveyancing

transactions, become familiar with the procedure and draft all necessary documents.
COURSE OUTLINE
SEMINAR 1- THE NATURE OF TITLE AND CAPACITY

SEMINAR 2- HOW DEEDS ARE PASSED
SEMINAR 3- THE LAW AS TO OPPOSITION TO TRANSPORTS AND
MORTGAGES
SEMINAR 4- EXECUTION OF IMMOVABLE PROPERTY
SEMINAR 5- MORTGAGES
SEMINAR 6- PRESCRIPTION
REQUIRED READINGS:
RAMSAHOYE, Dr Fenton – The Development of Land Law in British Guiana
(United States of America; Oceana Publications, 1966).
224
DUKE, Edgar Mortimer –A Treatise on the Law of Immovable Property in British
Guiana.
DALTON - The Civil Law of British Guiana
“The Administration of Justice in Guyana since the Abolition of Roman Dutch Law in
1917 The Reception of English Law”
DE CAIRES, David- “A Problem in Immovable Property in Guyana – The

Application of Roman Dutch Law”
LEGISLATION
Deeds Registry Act Ch 5:01and amendments
Civil Law of Guyana Act Ch 6: 01
Immovable Property (Sale of Interests) Act Ch 60:01
Title to Land (Prescription and Limitation) Act Ch 60:02
The Rules of the Supreme Court
SEMINAR 1
Readings:
Ramsahoye, Chapters 1, 2 and 5.
Duke, Chapters 1 and 2.
A. NATURE OF TITLE
Guyana’s history and colonization has resulted in the adoption of Roman Dutch Law in land
law and conveyancing matters. Roman Dutch Conveyancing can be found in the body of
Civil Law systems and survives today in other areas of the world in notably South Africa
225
and Sri Lanka.
Land is classified in Roman Dutch Law as immovable therefore forms of Estates and
English rights of tenure are unknown. English law of Real Property does not apply. See
section 3 Civil Law of Guyana Act Ch. 6:01
There can only be absolute or full ownership in land. See section 22(1) Deeds Registry Act
Ch. 5:01.
Personal Rights
Leases
Kitty and Alexnderville Village Council v Viera (1961) 3 WIR 249
Two ways in which absolute title can be set aside –

(a) Fraud
Ramdass v Jairam (2008) 72 WIR 270
Jassodra Ramkishun v Fung Kee Fung (2010) CCJ 2
(b) Prescription
To be dealt with in Seminar 6
B. CAPACITY
Adults
Married Women
Infants
Infancy Act Ch. 39, sections 7, 9, and 11.
Court Order Infancy Act Ch. 46:01
Mentally Ill Persons

Civil Law of Guyana Ch. 6:01, section 21
Joint Owners
226
Immovable Property (Sale of Interests) Act Ch. 60:01
Sole Owner
Corporations
Companys Act No 29 of 1991, sections 16 and 17.
Unincoporated Bodies
The State
Aboriginal Indians
Amerindian Act 2006
Aliens
Attorneys
Deeds Registry Act Ch.5:01, sections 23 and 24
Mortgagors/Mortgagees
Personal Representatives
Question: Why is the capacity of persons important?
APPLICATION QUESTION
With what questions would you be concerned if acting for the purchaser in a transport sale
you found that:
1. The Vendor is a limited liability company.
2. The Vendor is acting by Power of Attorney.
227
3. The Vendor is a minor.
4. The Vendor is a Mortgagee.
5. The Vendor is the Personal Representative of a Deceased Person.
6. The Vendor is a Mortgagor.
228
CONVEYANCING AND REGISTRATION OF TITLE
SEMINAR 2
HOW DEEDS ARE PASSED
Readings: Ramsahoye, Chapter 6

Duke, Chapter 5
Legislation: Deeds Registry Act Chapter 5:01 Sections 5, 7, 12-16,22,45.
The Deeds Registry Rules
AGREEMENTS FOR SALE – DEEDS REGISTRY (AMENDMENT) ACT 2014

ACT NO. 5 OF 2014 - ALSO SEE UNIT 1
CONVEYANCING AND REGISTRATION OF
TITLE MANUAL
Transports
See Appendix 1 for a complete precedent of a Transport Sale
How is a Conveyance of land carried out under the Roman Dutch System in Guyana?
In any Conveyance of land there are three parties the Vendor, the Purchaser and the
Registrar of Deeds.
See Appendix 2 Outline of A Simple Transport by Sale Transaction
The Closing Documents for A Transport Sale

1. The Agreement of Sale and Purchase.
2. The Affidavit of the Vendor.
3. The Affidavit of the Purchaser.
4. A Certificate of Valuation of the property.
5. Transport or a Loss Grosse copy thereof affidavit of Compliance.
6. Power of Attorney (if required).
7. Instructions to Advertise.
229
8. Certificate from Commissioner of Inland Revenue. (GRA)
9. Certificate from the Mayor and City of Councillors or Regional
Office/Neighbourhood Democratic Council.
The Role of the Registrar
Section 7, 12, 15, 16 Deeds Registry Act
List of Cases: Juliet Vickorie vs Food World International Limited

Civil Appeal No. 36 of 1990
Dropatee Singh vs Raymond Bayne

Ramdas Persaud & Others vs Deodas
Joyce Scott vs Naomi Ifill

No. 3316 of 1976
Re: Demerara Development Co. Ltd (1963) CR BG 430
Siri Hari Ram vs Umanath Ketwaroo

APPLICATION QUESTIONS
1. What is meant by the term “the Transport is ripe for passing”?
2. List the closing documents required for a:-
a) Transport by way of Gift.

b) Conveyancing of Lease carried out by Transport.
c) To pass a Lease from a Lease.
d) Passing of Transport from an Estate to a Beneficiary
3.
THIS QUESTION IS TO BE ANSWERED IN ACCORDANCE WITH THE
ROMAN DUTCH SYSTEM OF CONVEYANCING:
Case 1
Daphne and Simon Hastings became the joint owners of a parcel of land comprising five
230
acres with a dwelling house thereon, in Whistletown, Demerara by Transport No. 1234 of
2010. The property is currently mortgaged to Bridgerton Bank to secure the sum of
$15,000,000 for the term of 25 years.
On April 1, 2021 Simon died without severing the joint tenancy. Simon’s funeral was held
one week later at Peaceful Pastures.
Daphne, who was very distraught after her husband Simon’s death, initiated preliminary
talks with Lady Danbury about purchasing the property for $50,000,000 free from
encumbrances. Daphne intends to use the proceeds of the sale to settle the mortgage.
Daphne also wishes to fly out of the territory as soon as possible and wishes to appoint her
brother, Tony Viscount, as her lawful attorney under a power of attorney to carry out the
entire sale transaction for her.
Lady Danbury has the entire purchase price and is eager to purchase the property.
It has recently come to Tony’s attention that Simon and Daphne have a debt of $1,000,000
with Regency Tailors.
Case 2
Tech Limited on February 3, 2011 mortgaged their property at Business Park to Merchant
Bank to secure a loan of $10,000,000 to construct a new office building for the expansion
of their business. Due to mismanagement and competition, Tech Limited has experienced a
sharp decline in profit and has recently stopped servicing their 2011 mortgage.
In March, 2015, Tech Limited obtained a second mortgage from Bailout Bank for
$7,000,000.
In July 2020, Robotics Ltd. Obtained a judgment in the sum of $3,000,000 against Tech
Limited for non-payment of a debt due to them. In addition, there is $5,000,000 owing to
Merchant Bank and $4,000,000 owing to Bailout Bank. There is also outstanding
$3,000,000 Value Added Tax, $20,000 in land taxes and $10,000 in water rates.
A recent valuation indicates that the property is now valued at $25,000,000.
Merchant Bank proceeded to execution sale and realised the sum of $27,000,000.
231
REQUIRED
(d) Advise Daphne and Tony on the steps and procedure to vest the property in Lady
Danbury free from encumbrances.
(Word Limit:2,200 words)
(e) Draft the documents to vest the property in Lady Danbury.
Students are NOT required to draft the Power of Attorney or the

Cancellation documents.
addresses, descriptions of the parties and a proper description of the property).
232
APPENDIX 1
OUTLINE OF A SIMPLE TRANSPORT BY SALE TRANSACTION
Parties: VENDOR/SELLER PURCHASER/BUYER REGISTRAR

Take Instructions Take Instructions
Prepare Agreement of Vetting of Agreement of Sale

Sale (if P has a separate Attorney
Search: Verification of Transport

document; check for encumbrances
Inspection of property (possession)
Execution of Agreement/contract for sale
File Prohibition
Prepare Instruction to Advertise
Prepare Affidavit of
Vendor
Prepare Affidavit of Prepare Affidavit of Purchaser

Purchaser (if P has a separate Attorney)
Obtain Transport
Obtain Certificate of File Documents

Valuation
File Certificate of Compliance

(from Inland Revenue) Gazetting
(if no opposition Transport is thereafter
ripe for passing)
233
APPENDIX 1
Obtain Certificate from

M&CC/Regional Office
Prepare for completion

Obtain Water Rates receipt
and electricity bill
Certification of Transport
Withdraw Prohibition
Passing of Transport by
Registrar in Open Court
Issuance of original
transport or grosse
Collection of original transport

or grosse
POST COMPLETION MATTERS
Advise P to transfer rates and

taxes
234
SEMINAR 3
THE LAW AS TO OPPOSITION OF TRANSPORT AND

MORTGAGES
Readings: Ramsahoye, Chapter 6. Pgs. 244-249

Duke, Chapters 6 and 7
Legislation: Deeds Registry Act Chapter 5:01

The Deeds Registry Rules s 3-13 See Forms 1&2
Applicable Law
S3 (d) (ii) Chapter 6:01-

“the law and the practise relating ….to opposition in the case of both transports and
mortgages shall be the law and practice now administered in such matters by the Supreme
Court of British Guiana.”
The general law as to opposition developed as a procedure in some cases for the protection
of the creditor to prevent the alienation of a debtor’s property. Oppositions in Guyana
operate so effectively that there is no need for provision of the registration of Judgments.
Question whether this procedure could/should be used to prevent the debtor from acquiring
property?
An Opposition has the effect of an injunction as it prevents the Vendor from disposing of
the property until the substantive matter is heard by a Court of Law and the Court
pronounces on the application.
Right to Opposition
Transactions that can be opposed are:-

1. Transports
2. Mortgages see Hogg v Butts 1893 LRBG 88
3. Leases
235
There are two categories of oppositions:
A. A person can oppose if the person claims an interest in the res or dominium in the
res.
Examples:
 A sole or joint owner of the property
 A beneficiary
 A Life tenant
 An adjoining owner- if the property as gazetted encroaches
 An adverse possessor
 A Mortgagee – a mortgage serves as a judgment if there is a willing condemnation
clause.
 For misdescription in the notice to advertise which adversely affects a person’s right
of ownership
 For outstanding Taxes
 To enforce any legal or contractual right in the property which can be enforced by a
remedy of specific performance See Ramdass v Jairam 2008 72 WIR 270
B. A person who is a simple creditor who is claiming a liquidated sum

 It can be any claim which falls under O4r6
 The claim is for liquidated damages and there is no need for assessment- See
Mount Everard Lumber Co. v Lumber Ltd. (1962) LRBG 503
Inland Revenue Commissioner v Nicholson (1962) LRBG 470
Andrew v Parrat (1913)
 The claim can be brought before the Courts by a Specially endorsed writ See
Austin v Austin (1921) LRBG 75
 The person is a simple contract creditor See Allen v Allen (1962) LRBG 495
Also see Marques v Lancelot Matthews No. 330 of 1976
Under this limb Courts in Guyana are giving security for unsecured debts so long as they
are liquidated and can be brought by a specially endorsed writ.
N.B. Once it can be shown that the Creditor may be remediless and there would be no other
chance of recovering the money owed. The Creditor’s right to oppose will exist even
though the time for payment has not arrived.
Procedure in Oppositions to the passing of Transports and Mortgages

Notice of Opposition
See Forms 1 &2
236
N.B. Forms can be combined in practice. The grounds must be specific and properly laid
out as amendment is limited to errors or mistakes.
Service
1. By handing the Notice to the party in person
2. By leaving it at his place of business or residence
3. By Registered Post.
Proof of Service should be endorsed on the copy kept by the Opponent. Service on the
Proponent must be effected within three (3) days after filing the Notice or the Opponent’s
costs in the action will be disallowed.
Time For Entering Opposition
Business in the Deeds Registry Rules

Rule 3(2) Deeds Registry Rules
This shall expire at 3 o’clock in the afternoon of the 13th day after advertisement of the
transport, mortgage or lease in the Gazette. No Notice may be filed out of time.
Entry of Opposition
Rule 4
Time for bringing an action pursuant to the Notice shall begin to run from the date the
Registrar certifies the Opposition in the proper book against the property.
Reasons For Opposition
These must be filed within 3 days after filing the Notice.
Action to Enforce Opposition
Rule 8
The Opponent must bring an action to restrain the conveyance, mortgage or lease within 10
days after the Registrar has certified the Opposition.
Rule 10
An Opponent cannot amend the statement of Claim or rely on any reason for Opposition
other than those stated in the Statement.
See Budhoo v Allim (1953) LRBG 72

In every action to enforce an Opposition the Plaintiff claims an injunction to restrain the
237
passing of the Transport.
The Court must be asked to declare the Opposition just, legal and well founded.
If the action is dismissed then once title is proved the transport, mortgage or lease can pass
on production to the Registrar of Deeds, a certified copy of the Court Order.
If the action is successful (upheld) then the transport, mortgage or lease cannot pass unless
the Opponent withdraws his application. The withdrawal must be formal signed in the
presence of the Registrar of Deeds, Sworn Clerk or an Assistant Clerk.
Rule 9
In cases of a debt owed to Opponent the Proponent can lodge a sum of money and costs as
satisfied by the Registrar and then the transport may proceed thereafter.
N.B. The Application for Opposition is itself ex parte but the Opposition Action is inter
partes.
Abandonment of Opposition
Rule 12
If no action is brought pursuant to the Notice of Opposition within the time prescribed by
the Rules the Proponent may apply ex parte to have the Opposition declared abandoned.
See Robertson v Yarde (1918) LRBG 55

Nandalal/Sukram v Etwaria Dat (1948) 48 WIR 176.
Legal effect
See Ablack v Lutchmee Persad(1944)
SEMINAR QUESTIONS
1. Discuss the grounds on which an opposition of transport and mortgages can be

brought by an opponent.
238
2. By Transport No. 523 of 2001, Benjima became the owner of a parcel of land just
outside Georgetown.
By an agreement in writing dated January 2, 2018, Benjima agreed to sell the parcel
of land to Fermino for $500,000 payable by equal monthly instalments, the last
instalment to be paid and the sale completed by June 2, 2018. As per the agreement,
Fermino went into possession and starting planting short crops. At the beginning of
April 2018, Fermino needed to leave the territory to seek medical treatment.
On Fermino’s return on May 10, he was surprised to notice in the last published
Gazette an advertisement for the Transport of the identical property to Sanchez.
While he was away Fermino paid all of his instalments and complied with the
agreement in every way.
(a) Advise Fermino as to his rights and any steps he might take to obtain
redress.
(b) Draft the documents to initiate the opposition proceedings.
239
SEMINAR 4
EXECUTION OF IMMOVABLE PROPERTY
Readings: The Law of Immovable Property in British Guiana by

Duke, Chaps. 8 – 11
Land Law in British Guiana – Ramsahoye

Chap. 6 Pgs. 240-243
Legislation: The Rules of the Supreme Court 2016 PART 48
Deeds Registry Act Chap. 5:01 SS 28-33
A. PURPOSE FOR WHICH PROPERTY CAN BE SOLD
1. S. 28 (a) - enforcement of the payment of a statutory claim, i.e.
(a) unpaid charges in favour of the State;

(b) unpaid taxes or rates imposed by or levied under any act.
Income Tax Act Cap. 81:01, S. 99 (1) (b)
Estate Duty Act Ch. 81:23, S. 11
2. S. 28 (b) enforcing rights under a registered encumbrance, i.e.

mortgages or charges.
Niles v Barratt (1961) LRBG 379
3. Enforcing payment of a judgement debt in favour of a judgement creditor.

Gangadia v Bancacot (1917) LRBG
Ram Samugh and Another v Hand in Hand Mutual Life Insurance Civil App. No. 71 of 1988-
the mortgage Deed if it contains a willing and voulntary condemnation clause is already
considered a judgment so where the mortgagor either defaults in the payments of any of the
mortgage instalments or in the observance of any covenants in the mortgage, the Mortgagee
has a right to take proceedings against the Mortgagor/Borrower to enforce the security given
by the mortgage.
4. Charging Order Part 53:02 - over real and personal property
240
B. PROCEDURE FOR SALE AT EXECUTION/APPLICATION FOR WRIT OF
SEIZURE AND SALE.
See Amendments to CPR 2020.
C. RIGHT TO OPPOSE SALE AT EXECUTION
1. Judgement debtor cannot oppose sale.

Weithers v Weithers No 2791 of 1976.
2. A purchaser of property whose sale is not completed by transport cannot

oppose the sale.
Gangadia v Barracot; Lawrence v Trustee Court 1896 LRBG
But a Purchaser may oppose if fraud is proved.

Perro v Dookine 1918 LRBG 150.
D. PROCEDURE TO OPPOSITION OF SALE AT EXECUTION

(See Rules of Supreme Court 1955 Order 36 Rules 52-58) See new Rules Part
48:06
1. Any person having a right to oppose may enter an opposition to the sale within
fourteen days after the first advertisement.
2. An opposition to a sale at execution shall be signed by the opposer or his

attorney-at-law in the presence of the Marshall.
3. After 11.30 a.m. of the fourteenth day after the first advertisement, no further
oppositions may be received or amended. The Marshall shall file a certificate
stating what entries of oppositions were validity made.
4. The opposer must assign the grounds for his opposition within 3 days after his
entry of opposition (Sundays and public holidays shall not be counted).
5. The opposer must institute an action against the execution creditor claiming
that the sale be restrained, within fourteen days after the date of the Marshall’s
certificate.
6. If no action is brought then a Judge on the production to him of a certificate

that no action has been instituted, shall declare the opposition to be abandoned
and the Marshall may re-advertise the property and proceed with the sale.
7. Failure to oppose after notice of advertisement is given will result in the
241
claimant losing his rights with respect to the sale.
Ferreira v Ho-A-Hin 1896 LRBG 78.
The legal position as regards failure to oppose mortgages and transports is the
same as sales at execution.
SEMINAR ACTIVITY
Based on information disseminated in our seminar:
1. Divide into five groups and create a concept map for the execution of immovable
property.
2. Include and define the roles of the parties illustrating the procedural steps.
242
SEMINAR 5
The Law as to Roman Dutch Mortgages
Readings: The Development of Land Law in British Guyana

Fenton Ramsahoye, Pgs. 237-340
The Law of Immovable Property

M. Duke, Chap. XIV
Legislation: Civil Law of Guyana, Ch. 6:01 S3 (ii)

Deeds Registry Act Ch. 5:01 S12, 14-20, 25, 27, 28, 32, 39
Deeds Registry Rules Ch. 5:01
Applicable Law: “The law and practice relating to conventional mortgages or

hypothecs of movable or immovable property…and the right to
opposition in the case of ….mortgages shall be the law and
practice now administered in those matters by the Supreme
Court”.
Types of Mortgages:
1. Conventional - subject of express agreement
(a) general form – over all the property of a debtor

(b) special form – over specified property
2. Tacit - result of the operation of law
Nature of Mortgage:
The Roman Dutch mortgage dos not transfer to the mortgagee ownership over the property.
The mortgage of real property is a movable debt; the thing pledged never becoming the
property of the creditor and could only be sold after a previous decision of the court in order to
realize from the proceeds the capital sum with the arrears of interest.
243
Jaigobin v Dias 1965 LRBG 530
Ramsomaugh v Hand in Hand Mutual Life Insurance Civil Appeal No 71 of
1988 (Read)
Remedy of Mortgage
A foreclosure Action:
1. An action in personam, i.e. an action against the mortgagor himself.

2. An action in rem, i.e. an action against the property mortgaged.
Hogg v Butts 1893 LRBG 88

Simpson v Yhap 1960 LRBG 326
Read the following cases:
Elsie Persaud v Charles Ogle 1979 27 WIR 160

BG Mutual Fire Assu. v The Demeraran Turf Club 1916 LRBG 132
Willing and Voluntary Condemnation:
Tinne & Ors v Tubbutt 121 LRBG 84
SEMINAR QUESTION
Question 1:
Betty and Barry White are the owners of a parcel of land which they obtained by transport in
1995. On September 10, 2005 they created a first mortgage on the property to secure the sum
of $5,000,000 in favour of Dutch Finance Limited. On July 20, 2009 they entered into a
second mortgage with the same company for the sum of $10,000,000.
Both mortgages contained the usual clauses and a willing condemnation clause. The Whites
have fallen behind in the mortgage instalments and now unable to service both mortgages.
Advise the Whites as to the nature of the Roman Dutch Mortgages.
244
QUESTION 2 AND 3 CAN BE ANSWERED IN ACCORDANCE WITH THE
COMMON LAW SYSTEM, THE REGISTRATION OF TITLE SYSTEM OR THE
ROMAN DUCTCH SYSTEM:
QUESTION 2 AND 3 ARE BASED ON THE FOLLWING FACTS:
Big Bucks moved to your territory in 2010 in the hope of settling and making a good life for
himself. He opened a restaurant selling exotic foods not normally found in your country and
sales were steadily increasing. Tired of his living arrangement where he had to rent an
apartment far from his restaurant, Big Bucks approached Plenty Money Bank for a loan to
purchase a home known as “Forest Hill Villas” which is closer to his restaurant.
Plenty Money Bank, being impressed with Big Bucks’ cash flow and income, granted him a
mortgage over “Forest Hill Villa”. The sum of $1,800,000 is now due under the mortgage.
Due to Big Buck’s inability to obtain much needed $US funds to import raw materials for his
business, sales started to decline and he has not made his mortgage payments to Plenty Money
Bank since January this year.
Not wanting to “throw in the towel” on his business, Big Bucks decided to diversify by
switching to local raw material. He obtained another mortgage on “Forest Hill Villa” last year
with Fokelaw Bank for the sum of $1,000,000 to be repaid within eight years. Interest is due
on this mortgage for the past two months and $625,000 is still owed.
Big Bucks’s decreased income has caused him to take a personal loan from his good friend,
Dwen, for the sum of $100,000. Electricity charges in the sum of $30,000 are owed on “Forest
Hill Villa”, as well as the respective sums of $50,000 and $75,000 are owed for the property
taxes and water rates.
In order to help diversify, Blue Distributors supplied local raw materials to Big Bucks for
which he is yet to pay. Blue Distributors registered a judgment last week against Big Bucks
for the sum of $25,000.
Big Bucks who still lives in “Forest Hill Villa” makes excuses and deliberately misses
meetings with Plenty Money Bank to discuss his increasing debt to them and he disappears
when he sees the bank’s official coming to visit his property. He does not answer when the
bank tries to get his attention.
Question 2:
Plenty Money Bank has come to you seeking advice on selling “Forest Hill Villa” in order to
get the bad debt off their books quickly.
Advise Plenty Money Bank.
245
Question 3:
Plenty Money Bank has now sold “Forest Hill Villa” subject to the water rates. The cost of
sales were $10,000 and the sales realised the sum of $2,500,000.
Advise Plenty Money Bank on the distribution of the proceeds of sale.
246
SEMINAR 6
TITLE BY PRESCRIPTION
Legislation: Title to Land (Prescription and Limitation) Act Ch. 60:02
Cases: Li v Walker 1968 12 WIR 195

Basir v Goolcharan 1961 LRBG 528
Bazil v Wharton CA 21 of 1988
Felix Trotz & Ors. 1206 of 1965
Dulari v Stanton & The Guyana Congregational
Union No. 1431 of 1974
Andrew Persaud – CCJ 2007
SEMINAR QUESTION
Question 1:
By Transport No. 678 of 1995 Jai became the owner of a parcel of land comprising 3 Acres
in Corentyn. In 1998 he and his family migrated to New York. Unknown to Jai and
without his consent, in 1998 Singh and his immediate family entered the land and started
planting rice. In 1999 Singh drained part of land, erected a concrete dwelling house on
stilts and also started planting cassava.
Since 1998 Singh has been paying all the rates and taxes for the property. Singh wants to
acquire title to the property.
(a) Advise Singh on his rights and the procedure to acquire title.
(b) Would it make a difference to your answer if the parcel of land was owned by
the State and not Jai.
247

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COUNCIL OF LEGAL EDUCATION

HUGH WOODING LAW SCHOOL

ACADEMIC YEAR 2021/2022

CONVEYANCING & REGISTRATION OF

Course Director: Mrs. Nisha Mathura-Allahar

© Hugh Wooding Law School

Much thanks is due to Mrs. Deborah Mendez-Bowen,

Conveyancing & Registration of Title – 2021/2022

Conveyancing & Registration of Title – 2021/2022

Conveyancing & Registration of Title – 2021/2022

2. Advise on a Contract/Agreement for Sale of land, including all preliminary and

3. Draft comprehensive contracts/agreements for sale.

2. Draft Conveyancing letters.

Conveyancing & Registration of Title – 2021/2022

COURSE OUTLINE & TABLE OF CONTENTS

Conveyancing & Registration of Title – 2021/2022

1.2 THE CONTRACT/AGREEMENT FOR SALE OF LAND AND

1.3 CONTRACT/AGREEMENT FOR SALE OF LAND…………………………..17

1.4 TAKING INSTRUCTIONS….………………………………………………….31

1.5 DRAFTING OF AGREEMENT FOR SALE OF LAND AND

1.6 THE COMPLETION OF THE CONTRACT FOR SALE………………………50

SEMINAR ACTIVITIES AND QUESTIONS..................................................54

2.1 INVESTIGATION OF TITLES………………………………………………….60

2.2 FREEHOLD TITLE………………………………………………………………60

2.3 TYPES OF TITLE………………………………………………………………..61

2.4 THE METHOD OF INVESTIGATING FREEHOLD TITLE……………….…..63

2.5 LEASEHOLD TITLE…………………………………………………………….70

2.7 BREACHES OF COVENANT…………………………………………………..80

2.8 NOTICE, SEARCHS FOR INCUMBRANCES AND COMPLETION…………81

Conveyancing & Registration of Title – 2021/2022

2.11 PENDING ACTIONS/LIS PENDENS…………………………………………..85

2.12 APPORTIONMENT AND INTEREST………………………………………….86

2.13 MERGER OF THE CONTRACT IN THE CONVEYANCE……………………86

2.14 CAPACITY TO CONVEY……………………………………………………….87

SEMINAR ACTIVITY AND QUESTIONS ON CAPACITY ………….……94

3.1 BASIC LETTER WRITING PRINCIPLES……………………………………….99

3.2 PRECEDENTS OF COMMON CONVEYANCING LETTERS…………………101

SEMINAR ACTIVITIES AND QUESTIONS...................................................107

4.1 DRAFTING DEEDS……………………………………………………………….109

Conveyancing & Registration of Title – 2021/2022

5.2 SALIENT FEATURES OF THE REGISTRATION OF TITLE

5.3 INDEFEASIBLITY OF TITLE…………………………………………………..…150

5.4 APPLICATIONS TO BRING LANDS UNDER THE REGISTERED

5.5 RESTRAINTS ON DISPOSITIONS OR DEALINGS…………………………..…156

5.6 APPLICATION ON DEATH OF JOINT PROPRIETOR……………………….....157

5.8 APPLICATION FOR A LOST CERTIFICATE OF TITLE………………………..160

5.9 DEVELOPMENTS/SUB DIVISION……………………………………………….161

5.10 COMMON REGISTRATION OF TITLE QUERIES………………………………161

SEMINAR ACTIVITIES AND QUESTIONS…………………………………...163

6.1 MORTGAGES OF UNREGISTERED LAND…………………………………….167

6.2 MORTGAGES OF REGISTERED LAND……………………………………...…168

6.3 PRELIMINARY MATTERS……………………………………………………….169

6.4 LEGAL MORTGAGES OF FREEHOLDS………………………………………...170

6.5 REGISTERED LAND MORTGAGES AND PRECEDENTS……………………..171

6.6 DRAFTING OF MORTGAGES AND PRECEDENTS

Conveyancing & Registration of Title – 2021/2022

6.8 ENFORCEMENT OF SECURITY (COMMON LAW/UNREGISTERED

6.9 ENFORCEMENT OF SECURITY (REGISTERED LAND)……………………….216

6.10 TYPES OF MORTGAGES DEEDS…………………………………………...……216

6.11 EQUITABLE MORTGAGES……………………………………………………….217

SEMINAR ACTIVITY AND QUESTIONS………………………………...……220

Conveyancing & Registration of Title – 2021/2022

 J.T. Farrand, 4th ed.(1983) – Contract and Conveyance