CAP. 190, LAW OF PROPERTY ACT

1 BELIZELAW OF PROPERTY ACTCHAPTER 190 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissionerunder the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,Revised Edition 1980 - edition contains a consolidation of the following laws-PageARRANGEMENT OF SECTIONS3 LAW OF PROPERTY ACT15 Amendments in force as at 31st December, OF PROPERTY ACTCHAPTER 190 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissionerunder the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,Revised Edition 1980 - edition contains a consolidation of the following laws-PageARRANGEMENT OF SECTIONS3 LAW OF PROPERTY ACT15 Amendments in force as at 31st December, SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No.

2 1 power Lane,Belmopan, by the authority ofthe Government of of PROPERTY [CAP. 190[]3 CHAPTER 190 LAW OF PROPERTYARRANGEMENT OF SECTIONSPA RT RT I IGeneral Principles as to Legal Estates, Equitable Interests andPowers, Infants and Persons of Unsound Mind, Trusts for Sale,Undivided Shares and Joint OwnershipLegal Estates, Equitable Interests and estates and equitable legal of appointment generally to operate in equity to uses operates as conveyance upon trusts, andabolition of Statute of of giving effect to equitable interests and agreement for mortgage, charge or of PropertyCAP. 190]THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No.

3 1 power Lane,Belmopan, by the authority ofthe Government of [] to convey legal and disposition of equitable rights in land of terms, whether created out of freehold or leasehold land of lessor s and lessee s to legal of title to a and Persons of Unsound of transfer to of trust to of infant as trustee of married infant to give or assignment of mortgage to of infant s PROPERTY subject to consent of the estate in land vested in a person of unsound mind SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No. 1 power Lane,Belmopan, by the authority ofthe Government of of PROPERTY [CAP. 190[] held in trust for sale vested in a person of unsound mind on Trust for of trusts for to postpone to the execution of a trust for for sale required to consult beneficiaries of full not to be concerned with the trusts of the proceeds of salewhich are to be paid to two or more of management, etc.]

4 , conferred on trustees for of net rents and profits pending of powers of management by trustees for of court where trustees for sale refuse to exercise trust for sale in personalty II applies to personal representatives, subject to Shares and Joint of future dispositions to tenants in of PropertyCAP. 190]THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No. 1 power Lane,Belmopan, by the authority ofthe Government of [] of statutory of husband and IIIC reation of Legal and Other Estates, Transfersand Other Instruments, Sales and CovenantsLegal Title to Land and to to legal estates and interests created by certificates of absoluteand indefeasible of title by long required to be in of interests in land by in regard to sections 43 and taking who are not words implied to estates clause by a person to himself, SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No.

5 1 power Lane,Belmopan, by the authority ofthe Government of of PROPERTY [CAP. 190[]7 Deeds and other deed need not be in deed in deed or of deeds by an of instruments by or on behalf of for sale, etc., of land to be in lessee cannot demand title of intended of insurance money on completion of a sale or preventing a purchaser, lessee or under-lessee fromemploying his own solicitor to be to the court by vendor and of legal charges or encumbrances by the court on sales of covenants relating to of covenants relating to binding of PropertyCAP. 190]THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No.

6 1 power Lane,Belmopan, by the authority ofthe Government of []PA RT I VCharges and EncumbrancesLegal charges created by to create of second and other of protecting mortgage incident to interest of power of sale without order of covenants by covenants, joint and powers of to transfer as between puisne on consolidation of s receipts, discharges, SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No. 1 power Lane,Belmopan, by the authority ofthe Government of of PROPERTY [CAP. 190[] and application of insurance of advance on joint of trusts affecting mortgage of of discharging statutory mortgage or of exercise of power of of court to grant relief on application for order for of freehold of leasehold relating to mortgages and the realisation of the to authorise land and minerals to be dealt with of payment of claims out of proceeds of after to exercise power of for the recovery of annual sums charged on charge on leased of PropertyCAP.]

7 190]THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No. 1 power Lane,Belmopan, by the authority ofthe Government of [] release of security from rent on charging on crops not prejudiced by subsequent of entry on of chargee to reap and sell of realising mortgages applied to charge on of charge on notice of charge on for fraudulent disposition of crops Land tax not to be of of constituting encumbrances over unregistered from which encumbrances to rank by SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No. 1 power Lane,Belmopan, by the authority ofthe Government of of PROPERTY [CAP.

8 190[] of encumbrances on seizure and sale of of of for three years and upwards to be of part of land affected from a of Incumbered Lands or for breach of conditions of of encumbrancees to be preserved, unless they consent tounreserved of sale by order of of a receiver in certain of person giving the legal charge or encumbrance to pay offdebt before of seizure on leases and mortgage constituted by deposit of certificate of mortgage may be for a definite sum, or to cover advancesto be or recording of equitable of PropertyCAP. 190]THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No. 1 power Lane,Belmopan, by the authority ofthe Government of [] of an equitable mortgage into a of equitable RT VMiscellaneous ProvisionsPowers of under power of by attorney under power without notice of death, of instrument conferring power to dispose of of power expressed to be of power of attorney irrevocable for a fixed of power of attorney given to a Interests and Things in of entailed interests in real and personal of the Rule in Shelley s on executory assignments of things in SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No.

9 1 power Lane,Belmopan, by the authority ofthe Government of of PROPERTY [CAP. 190[] with life interests, reversions and other equitable to be served with notice of dealing with settled land, not to affect priority of of powers simply of of purchasers claiming under certain of appointments where objects are excluded or takeillusory of powers not of Part V to existing of the double possibility on the perpetuity of certain gifts void for restrictions on accumulation of of restrictions on of PropertyCAP. 190]THE SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No. 1 power Lane,Belmopan, by the authority ofthe Government of [] on accumulation for the purchase of transfer to defraud creditors disposition of land how far voidable as of reversions at an under of Chief Justice to make RT V ISettled of Settled Land Act SUBSTANTIVE LAWS OF BELIZEREVISED EDITION 2000 Printed by the Government Printer,No.

10 1 power Lane,Belmopan, by the authority ofthe Government of of PROPERTY [CAP. 190[]15 CHAPTER 190 LAW OF PROPERTY [1st March, 1954]PA RT Act may be cited as the Law of PROPERTY (1) In this Act, unless the context otherwise requires:- appurtenances in relation to land means all houses (including cellars, areas,courts, courtyards, cisterns, sewers, gutters, drains, passages and lights),buildings, out-houses, erections, fixtures, hedges, ditches, fences, ways, waters,water-courses, easements, rights, privileges and advantages whatever appertain-ing or reputed to appertain to the land, or any part thereof or, at the time ofdealing with the land, demised, occupied or enjoyed with or reputed or knownas part or parcel of or appurtenant to the land or any part thereof; court means the Supreme Court.]