CHAPTER 236 Law Revision Orders

1 CHAPTER 236. PROPERTY. 1979-11. This Act came into operation on 1st January, 1980 by Proclamation ( 1979 No. 187). Amended by: 1979-44 1990-20 1998-39. 1981-26 1996-26. Law Revision Orders The following Law Revision Order or Orders authorized the insertion and removal of pages as the case may be under the Law Revision Act now repealed: 1985 1997. 1991 1998. Guide to symbols in historical notes: - indicates an amendment made by an Act / indicates an amendment made by statutory instrument LAWS OF BARBADOS CUMULATIVE EDITION 2008. Printed by the Government Printer, Bay Street, St. Michael, by authority of the Government of Barbados Supplement to Official Gazette No.

2 Dated , CHAPTER 236. PROPERTY. 1979-11. Arrangement of Sections PART I. PRELIMINARY. 1. Short title 2. Interpretation PART II. GENERAL PRINCIPLES AS TO LEGAL ESTATES, TENURE, EQUITABLE. INTERESTS AND POWERS. 3. Definition of legal estates, equitable interests and powers 4. Definition of fee simple absolute, and exercise of power to dispose of or create a legal estate 5. Abolition of feudal tenure 6. Abolition of fee tail estate 7. Overreaching of certain equitable interests and powers by conveyance of a legal estate 8. Manner of giving effect to equitable interests and powers THE LAWS OF BARBADOS.

3 Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 4 PROPERTY. 9. Creation and disposition of equitable interests, and of certain legal interests 10. Effect of certain legal powers to grant leases 11. Operation of vesting Orders and dispositions of legal estates as conveyances by an estate owner 12. Title to be shown to legal estate and liability of attorney-at-law PART III. SETTLEMENTS. 13. Constitution of a settlement upon statutory trusts 14. Effect of purported conveyance of a legal estate to a minor 15. Definition of the statutory trusts.

4 16. Overreaching effect of conveyance of trust land 17. Construction of certain settlements 18. Consents to the execution of a trust for sale 19. Consultation by trustees with beneficiaries 20. Purchaser not to be concerned with trusts of capital money or proceeds of sale 21. Delegation of powers of management by trustees 22. Notice to trustees respecting the exercise of power of sale 23. Trusts of mortgaged property where right of redemption is barred THE LAWS OF BARBADOS. Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados PROPERTY 5. 24. Land to be held on trust for sale where capital is invested therein by trustees of personal property 25.

5 Trustees for the purposes of this Act 26. Trustees of referential settlements 27. General powers of trustees upon statutory trusts 28. Conveyances to be for the best consideration 29. Leasing powers of trustees 30. Regulations concerning leases 31. Leasing powers for special objects 32. Mortgage of trust land 33. Modes of investment or application 34. Limitation of the number of trustees 35. To whom capital moneys or proceeds of sale are payable 36. Trustees may reimburse themselves 37. Prohibition or limitation of exercise of powers and provisions for forfeiture void 38. Saving for and exercise of other powers 39.

6 Saving for additional or wider powers under settlement 40. Protection of purchasers THE LAWS OF BARBADOS. Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 6 PROPERTY. 41. Payment of costs out of trust property 42. Termination of settlements and trusts PART IV. CO-OWNERSHIP. 43. Severance of joint tenancies 44. Protection of purchaser on sale of land by survivor of joint tenants 45. Partition of land held by co-owners 46. Severance of party structures PART V. CONTRACTS, CONVEYANCES AND OTHER INSTRUMENTS. 47. Contracts for sale of land to be in writing 48.

7 Stipulations as to time not the essence of a contract 49. Rights of purchaser of a legal estate 50. Twenty years to be the statutory length of title and other provisions as to root of title 51. Other statutory conditions of sale 52. Application of insurance money on completion of a sale or exchange 53. Stipulations restricting the choice of the purchaser's attorney-at-law void THE LAWS OF BARBADOS. Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados PROPERTY 7. 54. Applications to the court by vendor and purchaser 55. Lands lie in grant only 56.

8 Making and recording of deeds, to have effect of livery of seisin 57. Effect of failure to record deeds 58. Recording in Land Registry to be notice 59. Conveyances to be by deed 60. Instruments required to be in writing 61. Persons taking who are not parties to a deed 62. Provisions as to supplemental instruments 63. Conditions and certain covenants not implied 64. Words of limitation not required to convey or transfer fee simple and no resulting trust in voluntary conveyance 65. Construction of certain expressions used in deeds and other instruments 65A. Interpretation of seashore or foreshore boundary and beach.

9 66. Conveyance of land to include all rights belonging to or enjoyed with the land 67. All estate clause implied 68. Production and safe custody of documents 69. Reservation of legal estates THE LAWS OF BARBADOS. Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 8 PROPERTY. 70. Confirmation of past transactions 71. Certain documents to be deeds even though not under seal 72. Description of deeds 73. Execution of deeds by an individual 74. Execution of instruments by or on behalf of corporations 75. Rights of purchaser as to execution 76. Deed between parties to have same effect as indenture 77.

10 Receipt in deed sufficient to discharge same 78. Receipt in or endorsed sufficient evidence 79. Receipt in deed or endorsed sufficient authority to pay attorney-at-law 80. Conveyance by a person to. himself and others 81. Covenants for title 82. Implied covenants in conveyances subject to rents 83. Benefit of covenants relating to land 84. Burden of covenants relating to land 85. Covenants binding land 86. Effect of covenant with two or more persons jointly 87. Covenants or agreements entered into by a person with himself and another THE LAWS OF BARBADOS. Printed by the Government Printer, Bay Street, St.