1988 Ed.]
Conveyancing and Property
[CAP. 219
9
(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 shall, for the purposes of any question as to proof of title concerning the parties to that contract and unless the contrary is proved, be sufficient evidence of the truth of that recital, statement and description.
(4A) Where any document is or has been produced by a vendor as proof of title to any land and that document purports to have been executed, not less than 15 years before the contract of sale of that land, under a power of attorney, it shall for the purposes of any question as to the title to that land be conclusively presumed-
(a) as between the parties to that contract; and
(b) in favour of the purchaser under that contract as against any other person,
that the power of attorney-
(i) was validly executed;
(ii) was in force at the time of the execution of that document; and
(iii) validly authorized the execution of that document. (Added, 31 of 1988, s. 6)
(5) This section affects only the rights and obligations of the parties to a contract for the sale of land entered into after the commencement of this section.
Conversion of equitable interest to legal estate where right to Crown lease
14. (1) Where a person has a right to a Crown lease of any land upon compliance with any conditions precedent, then, upon compliance with those conditions-
(a) the equitable interest under that right shall become a legal estate in that land as if held under a Crown lease issued in accordance with that right; and (Amended, 31 of 1988, s. 7)
(b) for the purposes of section 42 and any other law, such a Crown lease shall be deemed to have been issued upon compliance with those conditions.
(2) Where, under an agreement for a Crown lease entered into before 1 January 1970, a person has a right to a Crown lease upon compliance with any conditions precedent he shall be deemed, for the purposes of this section, to have complied with those conditions on the commencement of this section.
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Page 11
1988 Ed.]
Conveyancing and Property
[CAP. 219
9
(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 shall, for the purposes of any question as to proof of title concerning the parties to that contract and unless the contrary is proved, be sufficient evidence of the truth of that recital, statement and description.
(4A) Where any document is or has been produced by a vendor as proof of title to any land and that document purports to have been executed, not less than 15 years before the contract of sale of that land, under a power of attorney, it shall for the purposes of any question as to the title to that land be con- clusively presumed--
(a) as between the parties to that contract; and
(b) in favour of the purchaser under that contract as against any other
person,
that the power of attorney-
(i) was validly executed;
(ii) was in force at the time of the execution of that document; and
(iii) validly authorized the execution of that document. (Added, 31 of
1988, s. 6) ·
(5) This section affects only the rights and obligations of the parties to a contract for the sale of land entered into after the commencement of this section.
Conversion of equitable interest to legal estate
where right to Crown lease
14. (1) Where a person has a right to a Crown lease of any land upon compliance with any conditions precedent, then, upon compliance with those conditions-
(a) the equitable interest under that right shall become a legal estate in that land as if held under a Crown lease issued in accordance with that right; and (Amended, 31 of 1988, s. 7)
(b) for the purposes of section 42 and any other law, such a Crown lease shall be deemed to have been issued upon compliance with those conditions.
(2) Where, under an agreement for a Crown lease entered into before 1 January 1970, a person has a right to a Crown lease upon compliance with any conditions precedent he shall be deemed, for the purposes of this section, to have complied with those conditions on the commencement of this section.
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