A390
Ord. No. 62/84
CONVEYANCING AND PROPERTY
CONVEYANCING AND PROPERTY
Ord. No. 62/84
A391
Certain
(e) other assurances not required by law to be made in writing;
(f) a receipt not required by law to be under seal;
(g) a vesting order or vesting declaration by a court or other competent
authority;
(h) a creation, extinguishment or disposal of a legal estate in land by operation
of law.
5.
instruments to be in writing,
1925 c. 20, s. 53.
Creation of
(a)
(1) Subject to section 6—
no equitable interest in land can be created or disposed of except by writing signed by the person creating or disposing of the same, or by his agent thereunto lawfully authorized in writing or by will, or by operation of law; (b) a declaration of trust respecting land or any interest therein shall be manifested and proved in writing signed by the person who is able to declare such trust or by his will;
(c) a disposition of an equitable interest in or trust of land subsisting at the time of the disposition, shall be in writing signed by the person disposing of the same, or by his agent thereunto lawfully authorized in writing or by will.
(2) This section does not affect the creation or operation of resulting, implied or constructive trusts.
6. (1) All interests in land created by parol and not put in writing and signed interest in land by by the persons creating the same, or by their agents thereunto lawfully authorized in parol.
writing, have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only.
1925 c. 20, s. 54.
Savings in regard
to sections 5 and 6.
1925 c. 20, s. 55.
Severance of joint tenancy.
Presumption in favour of tenancy in common.
Corporation may
hold as joint
tenant.
1899 c. 20, s. 1.
(2) Nothing in section 3 or 5 or in subsection (1) shall affect the creation by parol of leases taking effect in possession for a term not exceeding 3 years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without a premium.
7.
Nothing in section 5 or 6 shall
(a) invalidate dispositions by will;
(b) affect any interest validly created before the commencement of this
section;
(c) affect the right to acquire an interest in land by virtue of taking possession;
or
(d) affect the operation of the law relating to part performance.
8. A joint tenant of an estate or interest in land may only sever the joint tenancy at law by an instrument or by notice to the other joint tenant.
9. (1) Where a tenancy in the same estate or interest in land vests in 2 or more persons under an instrument or a will, it shall be presumed, unless the contrary intention is expressed in that instrument or will, that the tenancy vests in those persons as tenants in common rather than as joint tenants.
(2) This section shall not apply to any instrument or will made before the commencement of this section.
10. (1) A corporation shall be capable of acquiring and holding any property
in joint tenancy in the same manner as if it were an individual.
(2) Where a corporation is a joint tenant of any property, on its dissolution, that property shall devolve on the other joint tenant.
11. (1) Except for the purposes of section 4(11) of the Intestates' Estates Presumption of Ordinance, where, after the commencement of this section. 2 or more persons die in survivorship. circumstances rendering it uncertain that any one of them, or which of them, survived (Cap. 73.) the other or others, such deaths shall, for all purposes affecting the title to property, 1925 c. 20, s. 184. be presumed to have occurred in order of seniority, and accordingly the younger shall
be deemed to have survived the elder.
(2) Section 4(11) of the Intestates' Estates Ordinance is amended by deleting "which of them" and substituting the following-
"that one of them, or which of them,".
(3) Section 7A of the Estate Duty Ordinance is amended by inserting, immedi- (Cap. 111.) ately after "one of them", the following-
or which of them,".
12. (1) A vendor or purchaser of land may apply by petition or by originating Application to summons to the court in respect of any question arising out of or connected with any court by vendor
and purchaser. contract for the sale or exchange of land (not being a question affecting the existence 1925 c. 20, s. 49. or validity of the contract or relating to compensation payable by the Crown or a public body), and the court may make such order upon the petition or originating summons and as to costs as to the court appears just.
(2) In this section, "court" means the High Court unless the vendor and purchaser submit to the jurisdiction of the District Court.
13. (1) Unless the contrary intention is expressed, a purchaser of land shall be Proof of title and entitled to require from the vendor, as proof of title to that land, only production of recitals, the Crown lease relating to the land sold and—
(a) proof of title to that land extending at least 25 years before the contract of
sale of that land commencing with—
(i) an assignment on sale;
(ii) a mortgage by assignment; or
(iii) a legal charge,
dealing with the whole estate and interest in that land;
(b) production of any document referred to in the assignment, mortgage or charge mentioned in paragraph (a) creating or disposing of an interest, power or obligation, which is not shown to have ceased or expired and subject to which any part of that land is disposed of; and
(c) production of any power of attorney under which any document produced
is executed.
(2) Where this section requires the production of any document, it shall be sufficient to produce a copy certified by a public officer or a solicitor to be a true copy.
(3) Subject to subsection (1), where any document produced as proof of title to any land contains a recital of any document dated or made before the date from which a vendor is required to prove title, the purchaser of that land shall assume, unless the contrary is proved, that—
(a) the recital is correct;
(b) the recital gives all the material contents of the document recited; and (c) the document recited was duly executed and perfected.
(4) A recital, statement, and description of any fact, matter or party contained in any document of title, mortgage, declaration or power of attorney relating to any land and dated or made not less than 15 years before the contract of sale of that land
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