14
CAP. 219]
Conveyancing and Property
[1988 Ed.
Rights as to execution
21. A person shall be entitled, at his own cost, to require that an assignment to him be executed in the presence of his agent.
[cf. U.K. 1925 c. 20, s. 75]
Presumption as to capacity
22. A party to any instrument shall be presumed, until the contrary is proved, to have full legal capacity to execute that instrument, to bind himself in terms of that instrument and to dispose of or hold any property or rights assigned under that instrument.
Presumption as to due execution
23. An instrument appearing to be duly executed shall be presumed, until the contrary is proved, to have been duly executed.
Reservation of rights
24. A reservation of any rights or interests in land may be effected in an assignment of the land in respect of which those rights are exercisable or interests are vested and a regrant of the rights or interests reserved shall not be necessary.
Agreements, assignments etc. by person with or to himself
25. (1) A person may, in one legal capacity, assign to, or agree or covenant with, himself in another legal capacity.
(2) An assignment, agreement or covenant-
(a) by a person to, or with, himself and another or others; or
(b) by a person and another or others to, or with, himself,
shall, unless the contrary intention is expressed and otherwise without prejudice to its effect in law, be enforceable between the parties as if that assignment, agreement or covenant were made-
(i) in the case of paragraph (a), to, or with, the other or others alone; or (ii) in the case of paragraph (b), by the other or others alone.
(3) This section shall not prevent any assignment, agreement or covenant being set aside on the grounds of fraud or breach of trust or other fiduciary relationship.
(4) This section shall apply to an assignment, agreement and covenant made or entered into before or after the commencement of this section.
(5) This section shall apply to assignments, agreements and covenants relating to land and other property.
[cf. U.K. 1925 c. 20, ss. 72 & 82]
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Page 16
14
CAP. 219]
Conveyancing and Property
[1988 Ed.
Rights as to execution
21. A person shall be entitled, at his own cost, to require that an assignment to him be executed in the presence of his agent.
[cf. U.K. 1925 c. 20, s. 75]
Presumption as to capacity
22. A party to any instrument shall be presumed, until the contrary is proved, to have full legal capacity to execute that instrument, to bind himself in terms of that instrument and to dispose of or hold any property or rights assigned under that instrument.
Presumption as to due execution
23. An instrument appearing to be duly executed shall be presumed, until the contrary is proved, to have been duly executed.
Reservation of rights
24. A reservation of any rights or interests in land may be effected in an assignment of the land in respect of which those rights are exercisable or interests are vested and a regrant of the rights or interests reserved shall not be necessary.
Agreements, assignments etc. by person with or to himself
25. (1) A person may, in one legal capacity, assign to, or agree or covenant with, himself in another legal capacity.
(2) An assignment, agreement or covenant-
(a) by a person to, or with, himself and another or others; or
(b) by a person and another or others to, or with, himself,
shall, unless the contrary intention is expressed and otherwise without prejudice to its effect in law, be enforceable between the parties as if that assignment, agreement or covenant were made-
(i) in the case of paragraph (a), to, or with, the other or others alone; or (ii) in the case of paragraph (b), by the other or others alone.
(3) This section shall not prevent any assignment, agreement or covenant being set aside on the grounds of fraud or breach of trust or other fiduciary relationship.
(4) This section shall apply to an assignment, agreement and covenant made or entered into before or after the commencement of this section.
(5) This section shall apply to assignments, agreements and covenants relating to land and other property.
[cf. U.K. 1925 c. 20, ss. 72 & 82]
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