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Entities
Person may convey
land to or vest
land in himself
(e.g. a PR who assents)
Corporations - to be
deterimined by looking at
articles if incorporated by
Companies Act; relevant
statute if statutory company
The Crown or State
All crown land is usually
vested in the commissioner
of lands who land is conveyed
to and from;
Marrage - Original
marriage certificate
Process of Completion
The Contract (in writing:
Purchaser to make
certain inquiries and searches
before signing the contract)
Delivery of Abstract
Vendor to deliver to
the Purchaser the abstract of title.
Starts with a good root of title
and traces the devolution to the vendor
Recording
P records the conveyance
at his expense within
90 days
On satisifiable answers to
requisitions and in the
absence of defects
and encumbrances
outside that provided
for in the title - accept
the title
Valid Period
Vendor must prove title
for a specified minimum
period
preceeding sale STATUTORY PERIOD
In Jamaica - 40 Years
Vendors and Purchaser Act
Chain of Title
V must show chain links in the
title from root to himself
Links are every document
or event effecting a
disposition or devolution
of any legal or equitable
estate or interest
in the property sold during the
period of root
Introduction
Introduction
Process
Example
THIS CONVEYANCE is
made the 1st day of October, 2011
Chain of Title
Good Marketable Title
Valid period
Requirements
Chain of Title
e.g
Recitals
Testatum
Consideration
Receipt Clause
Operative Words
Parcel
Habendum
_________________
Justice of the Peace for
the parish of
Attorney-at-law
Release of a Mortgage
Leases (not expired)
Grants of Probates or Administration
Parties
Mortgages/Certificates of Compliance
(Note - the process
by which mortgage of common law title
created.)
Precedent of a Conveyance
Abstract of Title
Testimonium
Attestation Clause
Example
-Deed of Conveyance
Joe Brown to Jane Doe dated 1940.
-Deed of Mortgage Jane
Doe to Money Bank Ltd (1965)
-Deed of Release Money Bank Ltd to Jane Doe (1970).
-Recital of Jane Does death
-Probate of Jane Does estate Will being
granted to Peter Thomas and Paul Thomas
-Assent by Peter Thomas and Paul
Thomas in favour of the Vendor
Pre-root of title
- P can require
document or abstract
or copy of document
prior to root of title
in certain cases
Where abstracted document
is executed under Power of
Attorney
Where property is subject
to a document creating
or disposing an interest
still subsisting e.g.
Restrictive Covenant
Where property is
limited or subject to trust