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LAWS OF ANTIGUA AND BARBUDA Title 4y Registration (CAP.
429 1 CHAPTER 429 THE TITLE BY REGISTRATION ACT Arrangement of Sections Section 1.
Short title.
2.
Interpretation.
Indgeasible Certijicates of Title 3.
Certificate of title.
4.
On issue of certificate of title former deeds to cease to have effect, and to be kept by Registrar.
5.
Dealings with lands brought under this Act.
6.
Procedure where land acquired by the Crown.
7.
Crown grants.
8.
Certificate of title to be indefeasible.
9. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
8.
Certificate of title to be indefeasible.
9.
Powers of registered proprietor.
10.
Right of registered proprietor.
11.
Certificate of title not to affect rights of common.
Bringing Lands Under Act 12.
Right to first certificate defined and application therefor.
13.
Application to be submitted to Judge.
14.
Possession to be possession as owner.
15.
Case to be stated for consideration of Court of Appeal where there is any doubt as to title of applicant.
16. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
16.
Parties interested may enter caveat.
17.
Request for first certificate of title, etc., to be accompanied by plan.
2 CAP.
429) Title by Registration LAWS OF ANTIGUA AND BARBUDA Titles to Idand Assurance Fund.
18.
* Titles to Land Assurance Fund.
19.
Provisions where certificate of title has been wrongly issued.
Transfer and ?
?-ansmission of Land 20.
Memorandum of transfer.
21.
Issue of new certificate of title on transfer, and cancel- lation of previous certificate.
22. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
22.
Consolidation of certificates of title.
23.
Provisions for transfer of portion of land contained in certificate of title.
24.
Transferee to be liable for mortgages &c., noted on certificate of title.
25.
Transfer of easements or incorporeal rights.
26.
Provisions for transfer of land to trustees.
27.
Issue of new certificate of title on death of registered proprietor.
28.
Partition.
29.
Issue of new certificate of title to Administrator of Estates.
30. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
30.
On issue of new certificate of title, all mortgages and incumbrances to be noted thereon.
31.
Issue of new certificate of title to trustee of bankrupt registered proprietor.
32.
Issue of new certificate of title to assignee, &c., of insolvent registered proprietor.
33.
Transmission of mortgage or incumbrance on death, bankruptcy, &c., of mortgagee or incumbrancee.
34.
Issue of new certificate of title where land has been acquired by prescription. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Land Tax, Mortgages and Incumbrances; and the Sale of Incumbered Land LAND TAX 35.
Land tax.
LAWS OF ANTIGUA AND BARBUDA Title by hgstration (CAP.
429 3 MORTGAGES 36.
Mortgage to be constituted by noting on certificate of title.
37.
Memorandum of mortgage to be presented to Registrar.
38.
Date of mortgage.
39.
Particulars of mortgage to be noted on certificate of title.
40.
Registrar to file memorandum of mortgage.
41.
On noting of mortgage, land to be held in pledge by mortgagee.
42. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
42.
Subsequent mortgages may be created; in case of sale, mortgages to be paid in order of date.
43.
Mortgages and incumbrances to rank by date.
44.
Mortgage to be for specific sum actually advanced.
45.
On non-payment mortgagee may take steps for sale of land.
46.
Mortgage to extend over land, works, growing crops, &c. 47.
Mortgagor to have use and enjoyment of property.
48.
Mortgagee not to enter into possession of land with- out consent of parties interested.
49. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
49.
Registered proprietor to retain certificate of title.
INCUMBRANCES Incumbrance to be created by noting on certificate of title.
Memorandum of incumbrance.
Incumbrances to rank by date.
Clearing of incumbrances on seizure and sale of land.
Valuation of incumbrances.
Extent of incumbrance.
Leases for three years to be incumbrances.
Memorandum of lease.
Power of incumbrancee to prosecute sale of land not to extend to lessee.
EQUITABLE MORTGAGES 59. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
EQUITABLE MORTGAGES 59.
Equitable mortgage constituted by deposit of certifi- cate of title.
60.
Equitable mortgage to extend over all property over which a mortgage extends.
4 CAP.
429) Title by Regzstration LAWS OF ANTIGUA AND BARBUDA 61.
Equitable mortgage may be for a definite sum, or to cover advances.
62.
Equitable mortgagee may by caveat prevent dealing with land.
63.
Oonversion of an equitable mortgage into a mortgage.
TRANSFER AND DISCHARGE OF MORTGAGES AND INCUMBRANCES 64. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Memorandum of transfer to be presented to Registrar.
65.
Transfer to be noted in same way as mortgage or incumbrance.
66.
Date of transfer.
67.
On payment or part payment, of mortgage or incum- brance, noting on certificate of title to be altered accordingly.
68.
Transfer of lease.
69.
Proceedings for transfer of lease.
70.
Termination of lease to be noted on certificate of title.
SALE OF INCUMBERED LANDS OR ESTATES 71.
Notice to pay off.
72.
Seizure of land on non-payment after notice.
73. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Seizure of land on non-payment after notice.
73.
Act of seizure to be served on registered proprietor.
74.
Caveat of seizure to be presented to Registrar.
75.
On non-payment of debt within 30 days after seizure, articles of sale to be settled by a Judge.
76.
Court to appoint and advertise date and conditions of sale.
77.
Rights of incumbrancees to be preserved.
78.
Sale to be by Registrar of High Court, at the Court House.
79.
Payment of price.
80. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
79.
Payment of price.
80.
On non-payment of price, new sale to take place.
81.
Scheme of &vision.
82.
Issue of new certificate of title after sale with reserved incumbrances noted thereon.
83.
Registered proprietor may remain in charge of property between seizure and sale, but receiver may be appointed.
84.
Debt may be paid up to noon of day preceding day of sale.
85.
If no seizure made within the time limited.
LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
429 5 Seizing creditor to have carriage of sale.
Effect of seizure on leases and rents.
Payment of solicitor having carriage of sale.
Percentage payable to solicitor.
Taxation and payment of costs.
Adjournment of sale.
Announcement of adjourned sale.
Mortgagee, kc., may bid at sale.
Questions arising in course of sale to be settled by the Court.
CROP ADVANCE WARRANTS Security of mortgagee, kc., not to extend over crop when reaped.
Crop may be pledged for repayment of advances. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Crop may be pledged for repayment of advances.
On sale of land by mortgagee, crop advance warrant to have preference.
Effect of crop advance warrant.
Holder of crop advance warrant may take possession of crop.
Holder of crop advance warrant to account to proprietor.
Proprietor appropriating proceeds of crop without paying crop advance.
If crop insufficient to repay advance, balance to be a personal debt of proprietor.
Crop advance warrants transferable, and may be granted by lessees. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Registration of crop advance warrants.
Proceedings for enforcing payments due under crop advance warrant.
Judgments 106.
Order of sale in satisfaction ofjudgment debt.
107.
Sale in satisfaction ofjudgment debt.
108.
Transfer on sale in satisfaction ofjudgment debt.
109.
Judgments, how made a charge.
110.
Endorsement ofjudgment on duplicate certificate.
6 CAP.
429) Title by Registration LAWS OF ANTIGUA AND BARBUDA Caveats Form of caveat.
%%o may present caveat. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
%%o may present caveat.
Caveat to be noted on certificate of title.
Notice of caveat to be sent to caveatee.
Effect of registration of caveat.
Caveator may withdraw caveat.
Caveatee may give order of removal.
Caveator may apply to Court to sustain caveat.
Application to Court to remove caveat.
Caveator liable in damages.
All orders of Court relating to caveats to be noted.
No second caveat to be received from the same person.
Cases in which Registrar may enter caveat. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Cases in which Registrar may enter caveat.
PART VIII Registration and Confirmation of Qualified and Possessory Titles REGISTRATION OF QUALIFIED TITLES AND POSSESSORY TITLES 124.
Application for certificate.
125.
Certificate of qualified title.
126.
Certificate of possessory title.
127.
Application of other Parts of this Act to certificates of qualified or possessory title.
128.
Application of forms to certificates of possessory and qualified title.
129.
Certificate may be cancelled. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
129.
Certificate may be cancelled.
CONFIRMATION OF POSSESSORY TITLES AND QUALIFIED TITLES 130.
Power to apply for examination of possessory or quali- fied title.
131.
Application for confirmation of possessory or quali- fied title.
132.
Public notice on receipt of application.
133.
Mode of showing cause against confirmation of title.
134.
Confirmation of title at expiration of time.
135.
Confirmation of title to incumbrancee.
LAWS OF ANTIGUA AND BARBUDA Title by Regstration (CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
429 7 Powers and Duties of Regstrars of Titles, and Mode of Reviewing their Decisions Registrar of High Court to be Registrar of Titles.
Registrar may state a case for decision of Court in questions arising under this Act.
Registrar to obtain direction of Court upon questions of difficulty.
Powers of Court.
Party aggrieved by act of Registrar may bring question before the Court. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
In case of error or fraud, the Court may compel return of certificate of title to Registrar, &c. Court may order cancellatioil or amendment of certificate of title.
Registrar may require production of certificate of title, and attendance of witnesses.
Registrars may administer oaths and correct errors.
On proof of loss of certificate of title, new certificate may be issued.
Registrar may require plan to be attached to certificate of title. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Powers of Attorney, Attestation of Instruments, Dealings Abroad and Married Women Form of power of attorney.
Attestation of instruments executed within Antigua and Barbuda.
Attestation and proof of instruments executed out of Antigua and Barbuda.
Certificate of closing of registration.
Noting dealings in land made out of Antigua and Barbuda.
Acknowledgement of married woman executing instrument out of Antigua and Barbuda.
Execution of instrument by married woman in Antigua and Barbuda. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Application of Part X.
LAWS OF ANTIGUA AND BARBUDA 8 CAP.
429) Title by Registration Forms, Solicitors, and Scales of Fees 154.
Parties may themselves fill up forms of instruments; a only solicitors may charge fees for doing so.
155.
Fees to be paid to solicitors.
156.
Fees of office.
Penalties 157.
Fraudulent procuring of certificate of title &c., a misdemeanour.
158.
Forgery of seal, &c, felony.
Miscellaneous 159.
Nominal index of parties to instruments.
160. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Nominal index of parties to instruments.
160.
Governor-General to provide offices.
161.
Appointment of officers.
162.
Seals and forms of instruments to be provided.
163.
Appeal to Court of Appeal.
164.
Judge may refer case to Attorney-General.
165.
Question of fact may be tried byjury.
166.
Reservation of right of parties to have questions tried before a jury.
167.
Receivers.
168.
Abolition of consignee's lien.
169.
Power to Chief Justice to make rules.
170.
Proof by draughtsman. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
170.
Proof by draughtsman.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE.
LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP.
429 9 TITLE BY REGISTRATION (1st February, 1887.)
1/1886.
11 / 1922.
8/1923.
1 /1925.
1.
This Act may be cited as the Title by Registration Short title.
Act.
2.
(1) In this Act-, Interpretation. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Act.
2.
(1) In this Act-, Interpretation.
"first" when used in relation to a certificate of title, means the first certificate of title issued under this Act in respect of the land comprised in the certificate; "First Schedule," "Second Schedule," "Third Schedule," "Fourth Schedule" and "Fifth Schedule" mean respectively the First, Second, Third, Fourth and Fifth Schedule to this Act. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) Lands shall be deemed to be brought under the operation of this Act from the time when a first certificate of title is issued in respect of them.
(3) Whenever any of the expressions defined in the First Schedule occurs in this Act, it shall, unless the context otherwise requires, have the meaning assigned to it in the said Schedule.
(4) A Judge may do in Chambers any act which the Court is by this Act authorized to do.
10 CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
10 CAP.
429) Title by Regstrution LAWS OF ANTIGUA AND BARBUDA ( 5 ) Whenever it is provided by this Act that an instru- ment shall be in a specified form, it shall be understood to mean that the instrument shall be in that form, or as near thereto as the circumstances admit.
Indefeasible Certificates of Title 3. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Indefeasible Certificates of Title 3.
(1) The title to lands brought under the opera- tion of this Act shall consist of a certificate of title in Form 4 in the Second Schedule, to be issued in duplicate by the Registrar of Titles according to the provisions hereinafter contained, and such certificate of title shall be registered by placing one duplicate, in the order of its date, in the cur- rent volume of the register. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
The current volume shall be bound annually, or at such times as the Registrar of Titles, with the approval of the Chief Justice as ex officio Keeper of the Records, may determine, and shall be carefully pre- served.
The other duplicate shall be handed over to the registered proprietor, who shall be bound to produce the same whenever he desires thereafter to transfer or other- wise deal with the land. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) Before the issue of a certificate of title, the Registrar of Titles shall note thereon in a brief, clear and legible manner, following the form of note set forth on Form 4 in the Second Schedule, all mortgages and incum- brances affecting the lands, in the order of their dates.
He shall also number each certificate of title as a folium of the current volume and place a corresponding number upon the duplicate delivered to the registered proprietor. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
When more than one person is named as registered proprietor, the duplicate shall be delivered to the person first named.
4.
The date of every first certificate of title shall be the day and hour at which the Registrar of Titles shall place the certificate of title in the current volume; up to which period of time the former title shall be held to Lontinue to exist. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
and immediately after to cease and determine, and all deeds upon which thk land to which the certificate of title relates had been theretofore held, or by which any mort- gages or incumbrances upon the said land were shown to exist, shall cease to have any force or effect, and shall be cedficate of title.
Second Form 4.
On issue of of ti*e former deeds to ceasetohave $ .
LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
429 11 preserved in the custody of the Registrar of Titles, or in such manner as the Chief Justice, in his capacity of Keeper of the Public Records, shall, under the provisions of the Registration and Records Act, from time to time direct.
Cap.
375.
5. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Cap.
375.
5.
(1) From and after the time when any land is ~ ~ ~ b ~ o $ ~ t brought under the operation of this Act, all dealings with "nderthisAct, such land shall be in the forms and governed by the princi- ples set forth in this Act; and all such dealings shall take effect from the date and act of regstration, and not from the date of the execution or delivery of any instrument or document, or otherwise, save as in this Act provided. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
It shall not be necessary to register under the provisions of the Registration and Records Act, dealings with lands brought under the operation of this Act, which are in accordance with the provisions of this Act. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) Dealings with lands brought under the operation of this Act, which are not in accordance with the provisions of this Act, shall operate as contracts only, and shall not con- fer any right in respect to the land, except the right of enforcing the contract as against-the parties, and persons claiming, otherwise than as purchasers or mortgagees for value, under such parties. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(1) In any case where the land of any registered ~~~~~~~~~ 6. proprietor under this Act is partly or wholly acquired by the the Crown. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Crown by gift, purchase or devise, or under the provisions of any Act for the time being in force relating to the acquisi- tion of land, the officer for the time being administering the Government shall forward to the Registrar of Titles the particulars of such acquisition (the correctness of which shall, in the case of acquisition by purchase, be certified by the registered proprietor) together with a plan or, where part only of the land has been acquired, with a plan in duplicate showing the extent of such acquisition. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) On receipt of such particulars and plan or plans, the Registrar of Titles shall- (a) note on the original, and also on the dupli- cate, certificate of title, the fact, date and extent of acquisition of the land by the Crown and also a reference to the volume and folio in the book (hereinafter in this LAWS OF ANTIGUA AND BARBUDA CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
429) Title by Repstration section referred to) in which a copy of the plan relating to the land may be found and, where the whole of the land has been acquired, cancel the certificate of title; (b) where part only of the land has been acquired, cause the area to be demarcated by a licensed surveyor on the plan attached to or on the certificate of title; and ( c ) bind the plan or one of the plans (as the case may be) in the said book and attach the other (if any) to the duplicate certificate of title and return the same to the person entitled thereto. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(3) The effect of noting or cancellation under subsec- tion (2) shall be that the land or portion of the land the sub- ject of the certificate of title shall thereby be removed from the operation of this Act.
(4) For the purposes of this section the Registrar of Titles shall keep a book in which shall be bound a copy of every plan received by him under the provisions of this section. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
( 5 ) This section shall be deemed to have come into operation on the 27th day of March, 1941, but nothing in this section or in any other section of this Act shall affect or prejudice the validity of any certificate of title issued to the Crown or to the Governor of the Leeward Islands and his successors in office under the provisions of this Act prior to the coming into operation of this section.
7. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
7.
Whenever a grant of land is made by the Crown, the grantee may elect, instead of receiving the grant, to have a certificate of title issued to him in lieu thereof, and on notice in writing of such election being given to the Governor-General the grant, instead of being given to the grantee, shall be delivered to the Registrar of Titles, with a direction indorsed on the grant and signed by the Governor-General, that a certificate of title be issued to the grantee. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Whenever a crown grant is so delivered to the Registrar of Titles, he shall, without payment of further or other fees, issue to the grantee a certificate of title in respect of the land comprised in the grant.
Crown grants.
LAWS OF ANTIGUA AND BARBUDA Titk by Registration (CAP.
429 13 8.
All certificates of title granted under this Act, and Certificateof title to be indefeasible.
all notings of mortgages and incumbrances on the same, shall be indefeasible.
9. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
9.
In every certificate of title a registered proprietor :;;;;r:i or proprietors shall be set forth of the land to which it proprietor. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
relates, who shall have the absolute power to deal with the land in any manner in which land may be dealt with under this Act; any rights for life, or rights in the land for terms of years, or any other limited or conditional rights, being here- by declared to be incumbrances on the said lands, and requiring to be constituted as such in the manner in which incumbrances are constituted under the provisions of this Act.
10. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
10.
The right of the registered proprietor named in 2gt,"rtd a certificate of title to the land comprised in a certificate of proprietor. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
title granted under this Act shall be the f ~ ~ l l e s t and most unqualified right which can be held in land by any subject of the Crown under the law of England, and such right can- not be qualified or limited by any limitations or qualifica- tions in the certificate of title itself, unless such limitations and qualifications were inserted in any crown grant in place of which the certificate of title has been issued or as in the case of mortgages and incumbrances, when these are noted on the certificate of title. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
11.
Notwithstanding anything hereinbefore con- certificate of title not to affect rights tained, no certificate of title heretofore issued, or hereafter of,o,,,,on.
to be issued, under the provisions of this Act shall, save as provided in section 25, in any way affect any rights of com- mon, rights of way, or rights to, or to be exercised over, any pond, streams, or other water, or any other easements or profits ii prendre, or the ownership of any public road. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Bringang Lands under Act (1) Land not registered under this Act may be so fined 12. registered- and application therefor.
( a ) if the applicant can show a good documentary title thereto in himself and his predecessors in ownership 14 CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
429) Title 4y Registration LAWS OF ANTIGUA AND BARBUDA for at least thirty years next before the date of the pre- sentation of the request under this Act; ( 6 ) if, notwithstanding that such documentary title thereto cannot be shown, the Court is satisfied from the deeds or other documents accompanying the request that the applicant has the right to claim the land as owner and that he himself has been in undis- turbed possession of the same continuously during the period of twelve years next before the date of the pre- sentation of the request under this Act; (c) if the applicant has, by descent or by will or deed, acquired a title to the land from a person who would have been entitled himself to have the land reg- istered in accordance with the provisions of paragraph ( b ) of this subsection; (d) if the land has been in the sole and undis- turbed possession of the applicant alone in his own right or as executor, administrator or trustee, or partly in the sole and undisturbed possession of the applicant in any such right and partly in the sole and undis- turbed possession of any other person through whom he claims, continuously for a period of thirty years next before the date of the presentation of the request under this Act. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) The application to bring land under this Part shall be made by the owner who shall present a request to the Registrar of Titles for the issue to him of a first certificate in respect of the land described in the request.
(3) Where the owners of land are joint tenants, tenants in common or coparceners, the request shall be made in the names of, and shall be signed by, all of them.
Second Schedule.
Form 1. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Second Schedule.
Form 1.
(4) The request shall be in Form 1 in the Second Schedule and shall be accompanied at the time of the pre- sentation by all the titles, deeds or other documents under which the applicant claims to be the owner of the land.
(5) Forthwith upon the presentation of the request, the Registrar of Titles shall thereupon proceed to give pub- lic information of such application by exhibiting on the LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
429 15 door of the Court House a copy of the schedule of applica- tions in Form 3 in the Second Schedule, and the person e;i.Schedule. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
presenting the request shall give further notice of such application by causing that part of the said schedule of applications which relates to his application to be advertised in two issues of at least one newspaper published in Antigua and Barbuda, and no such certificate shall be issued until the expiration of four weeks from the date of exhibiting the schedule or from the date of the first amearance thereof in the said newspaper. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
I I (6) The applicant shall also within seven days after the presentation of the request cause notice of the application to be served personally upon all owners or occupiers of land adjoining the land for which a first *ertificate is applied, and no certificate shall be issued until proof has been given by the applicant that such notice has been given and that four weeks have expired since the giving of that notice. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(7) A Judge may, upon or without any application, order such special notification to individuals or generally, or may direct such public advertisement of the application for the first certificate in newspapers outside Antigua and Barbuda as may to him appear just and reasonable. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(8) Every request for the issue of a first certificate shall be accompanied by a plan made by a licensed surveyor, and the Registrar of Titles shall reject any plan which he consid- ers insufficient, subject to an appeal to a Judge in Chambers. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(9) Where the application for a first certificate is in any respect based on possession of the land, the request shall be accompanied by affidavits of the applicant and of two other persons at least, and such affidavits shall set out in detail the facts establishing that the applicant has been in sole and undisturbed possession of the land continuously for the period of time required by this section as well as the acts of ownership exercised over the land and shall prove that the rents, fruits and profits accruing out of the land have been taken and appropriated by the applicant as owner during such period. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
LAWS OF ANTIGUA AND BARBUDA CAP.
429) Title by Registration Application to be submitted to Judge.
13.
The Registrar of Titles shall thereupon submit such titles, deed and documents to a Judge, and if such Judge shall be satisfied that the person presenting the reques!
is entitled to have a certificate of title issued to him, the Registrar of Titles shall issue such certificate of title accordingly, and shall note thereon the mortgages and incumbrances affecting the same. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
The title deeds and docu- ments which accompanied the request shall remain in the custody of the Registrar of Titles.
Possession to be possession as owner.
14.
(1) Possession for the purpose of section 12 shall be possession as owner by a person, his heirs, executors, administrators or assigns and not as an encumbrancer holding a life interest or interest for a term of years or other less estate.
Case to be stated for consideration of Court of Appeal where there is any doubt as to title of applicant. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) A certificate of title issued under section 13 to an executor, administrator or trustee shall be expressed as hav- ing been issued to the applicant as such executor, adminis- trator or trustee.
(3) The Judge shall take such evidence of possession by affidavit, or payment of taxes, or common repute, or otherwise, as shall be satisfactory to his own mind.
15. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Where the Judge shall not be able, either from the title deeds and documents and records, or evidence of possession, to ascertain whether a person making applica- tion for a certificate of title be the owner of the land, or whether any mortgage or incumbrance exists, or as to the priority of any mortgage or incumbrance, he shall state a case for the consideration of the Court of Appeal, embody- ing in a succinct form the difficulties which have occurred, and the Court of Appeal shall give such directions for the service of such case upon any parties who may appear to be interested, or for the giving of such public notice in Antigua and Barbuda or abroad of the application for a certificate of title, or the noting thereon of any mortgage or incum- brance, or the order of priority of the same, as may appear reasonable, and calling upon all interested to enter appear- ance at such time as may be specified in such notice. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
And, on consideration of the case at the time specified, after hearing the applicant for the certificate of title and any competing parties, or the parties interested in any mortgage LAWS OF ANTIGUA AND BARBUDA Title by Regstration (CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
429 or incumbrance, and also after hearing the Registrar of' Titles, by himself or by counsel, if he shall desire to be heard, and with or without the making up of any further pleadings as the Court of Appeal may consider proper, such directions shall be given in regard to the issue of the certifi- cate of title, or the noting thereon of any mortgage or incumbrance, or the order of priority of the same, as to the Court of Appeal shall seem just.
16. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Any person who claims to be the proprietor of ~ ~ ~ ; ~ ~ ; ~ ~ ~ any land, or to be interested in any mortgage or incum- brance, may enter a caveat in the office of the Registrar of Titles, either forbidding the issue of any certificate of title for any land to any specified person, or claiming that a note may be made upon any certificate of title in regard to any mortgage or incumbrance, or in any other manner stating an interest in any land, and such caveat shall be in Form 2 in the Second Schedule and the caveator shall be heard before the certificate of title is issued, or the mortgage or incum- brance noted or rejected. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
17.
(1) Notwithstanding anything to the contrary Request for first certificate of title, contained in this Act, from and after the coming into opera- etc., to be accom- tion of this section every request for the issue of a first certifi- panied by plan. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
cate of title and, when there is no plan attached to the certificate of title, every application made under subsection (2) and under section 144 for the issue of a new certificate of title, and every transfer and every request for transmis- sion of land registered under this Act and every request for the issue of a new certificate of title under the provisions of section 28 and subsection (4) shall be accompanied by three plans of the land to be described in the certificate of title, two of which shall be attached to the original and duplicate certificates of title when issued. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) Where a certificate of title has been issued without a plan attached it shall be lawful for the Registrar of Titles at the request of the registered proprietor to issue to such reg- istered proprietor a new certificate of title with plan attached.
(3) Subsections ( 5 ) , (6), (7) and (8) of section 12 as well as section 13 shall have effect, mutatis mutandis, on every request made under subsections (1) and (2).
18 CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
18 CAP.
429) Title by Registration LAWS OF ANTIGUA AND BARBUDA Titles to Land Assurance Fund. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(4) If it is proved to the satisfaction of the Court or a Judge that any error or discrepancy appears on a plan regis- tered under this Act he may direct such inquiry as he may think fit to be made into the circumstances of the case and upon proof of such error or discrepancy order that the plan be corrected or rectified or that a new plan be made and substituted for the former: Provided that on every such inquiry four weeks notice shall be given to the owners or occupiers of lands adjacent to the portion of land comprised in the plan to be corrected or rectified and likely to be affected by such correction or rectification and provided further that when a new plan is ordered subsection (3) shall also apply to this subsection. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Titles to Land Assurance Fund 18.
(1) Immediately before the issue of any first or subsequent certificate or title under this Act, save and except a certificate of title issued under section 7, a fee shall be paid by stamps to the Registrar of Titles of one cent in every four dollars and eighty cents on the value of the land comprised in the certificate. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) Subject to any agreement to the contrary, the said fee shall be paid, in the case of a first certificate of title, by the applicant for the certificate, and, in the case of a subse- quent certificate of title, by the party in whose favour the certificate is to be issued. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(3) For the purposes of this section, the value of the land shall be, according to the circumstances, the sum stated in the request for the issue of a first certificate of title to be the value of the land, or the sum stated in the memo- randum of transfer as the price of the land, or if no sum or a nominal sum has been so stated, or if the Registrar of Titles has reason to believe that the sum stated is not the true value of the land, or if the certificate of title is to be issued on transmission, such sum as may be agreed upon between the Registrar of Titles and the person liable to the payment of the fee, or, if they cannot agree, as may be summarily decided by a Judge after hearing the Registrar of Titles and the person liable to the payment of the fee, and such evi- dence as they may respectively adduce. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP.
429 (4) All fees paid under this section and all damages recovered under subsection (2) of section 19 shall be paid into the Treasury for the public uses of Antigua and Barbuda.
19.
( 1 ) Any person aggrieved by the issue of a cer- Provisions where certificate of title been wrongly tificate of title under this Act may institute a suit as plaintiff h, against the Attorney-General as defendant, claiming dam- 'sued. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
ages for the injury he may have sustained.
Every such suit shall be governed by Proceedings Act and if the plaintiff shall recover any dam- ages, the same shall be paid out of the general revenue of Antigua and Barbuda.
the provisions of the Crown Cap.121. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) Where any person has, by wilful misrepresentation or otherwise, obtained a certificate of title to any land to be wrongfully issued, the Registrar of Titles shall call in the same to be cancelled in any case in which the rights of a transferee or incumbrancee who has taken bonri fide for value without notice, will not be prejudiced thereby: and where damages have been recovered against the Attorney- General in any such suit as in this section is mentioned, the Attorney-General, on behalf of the Government of Antigua and Barbuda, shall sue the person who has obtained the cer- tificate of title for the issuing of which such damages have been recovered, for damages to be paid into the general rev- enue of Antigua and Barbuda: Provided that if the person so sued has not obtained the said certificate by fraud, and can show that he has not been benefited by the issue of such certificate to the whole amount of the damages recovered against the Crown, he shall not be liable to a greater amount than that by which he has been so benefited: Provided also, that no transferee or incumbrancee who has taken bonri jide for value, without notice, subsequent to the issue of the first certificate of title, shall be liable in any action for damages. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Transfer and Transmission of Land 20.
When land has been brought under the provi- y+fff,".
"dumof sions of this Act, the registered proprietor thereof, if he 20 CAP.
429) Title by Regstration LAWS OF ANTIGUA AND BARBUDA desires to transfer it to another on sale or otherwise, shall Secondschedule.
execute a memorandum of transfer in Form 5 in the Form 5.
Second Schedule, and such memorandum of transfer shall be presented to the Registrar of Titles. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Issue of new certificate of title and -fer, cmcellation of previous certificate.
21. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(1) The Registrar of Titles shall thereupon demand from the presenter of the memorandum, or the registered proprietor or those acting for him, or from the person in whose custody the same may be, other than an equitable mortgagee, the duplicate certificate of title, which the Registrar of Titles shall file with the memorandum of transfer, and, having satisfied himself of the sufficiency and correctness of the memorandum of transfer, he shall make out in duplicate a new certificate of title of the land con- tained therein, in favour of the transferee, and he shall, before delivering the new certificate of title to the new regis- tered proprietor or the person entitled thereto, cancel the previous certificate of title by writing across the registered duplicate thereof the word "Cancelled" in ink different from the writing, printing or lithographing of the certificate of title itself, with a reference to the folium and volume of the new certificate of title which is to come in place thereof, and he shall number and mark the duplicate of the new certificate of title to be placed in the register, as well as that to be given to the new registered proprietor, with the proper folium and volume in which the new certificate is registered, and shall also make on both duplicates a reference to the certificate of title which has been cancelled, by the folium and volume in which it was recorded. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) The Registrar of Titles shall also mark upon the new certificate of title the mortgages and incumbrances on the former certificate which are undischarged, and any new mortgage or incumbrance which may have to be added thereto, if any, on the occasion of the transfer. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
He shall also mark the day and hour, and, when such may appear to the Registrar of Titles necessary, the minute of the change from one registered proprietor to another, and that date shall be the time of presenting to the Registrar of Titles the memo- randum of transfer.
The duplicate certificate of title issued to the registered proprietor shall be an exact copy and, so far as practically possible, an exact facsimile of the duplicate placed on the register. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP.
429 2 1 22.
(1) Where any person is the registered propri- ::;;;::;";of etor of contiguous parcels of land, it shall be lawful for the , ; ~ , .
Registrar of Titles at the request of such person to issue to him one certificate of title in respect of the said parcels of land in substitution for the several certificates of title relat- ing thereto. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) Subsections (5), (6), (7) and (8) of section 12 as well as section 13 shall have effect, mutatis mutandis, on every request made under subsection (1).
23. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(1) When a registered proprietor desires to Provkions for transfer a portion of the land contained in his certificate of podon of land title, it shall not be necessary to cancel the certificate of containedin title, or to issue a new certificate of title for that portion of the land which is not being transferred, but the Registrar of Titles may issue to the transferee a new certificate of title in respect of the portion transferred, and note the particulars of the transfer on the margin of the certificate of title of the registered proprietor: transfer of certificate of title. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Provided that, if the registered proprietor shall so desire, or if the Registrar of Titles shall be of opinion that the circumstances do not permit of particulars of the trans- fer being clearly noted on the certificate of title, such certifi- cate shall be cancelled and the same course shall be followed, as nearly as circumstances will permit, as that which has been set forth in the immediately preceding sec- tions, and the registered proprietor, on the original certifi- cate of title being cancelled, shall receive a new certificate of title for the portion of land not transferred, at the same time that the transferee receives his certificate of title for the portion transferred to him. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) Where mortgages or incumbrances are noted upon the certificate of title of land so proposed to be divid- ed, the Registrar of Titles shall not accept the presentation of a memorandum of transfer of such land without the con- sent in writing of the mortgagees or incumbrancees, and this consent shall be filed with the memorandum of transfer.
24. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
24.
Where any mortgages or incumbrances shall be ;f;;,":f;:" noted on the certificate of title issued to a transferee, the covenant shall be implied that the transferee has accepted g,"zi2eof title.
the land subject to such mortgages and incumbrances, and LAWS OF ANTIGUA AND BARBUDA CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
429) Title by Regutration that he will pay the interest accruing thereon, and discharge the principal sums for which such mortgages and incum- brances have been granted, and indemnify the transferor from the payment of the same in all time to come.
Transfer of easements or incorporeal rights.
25. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Transfer of easements or incorporeal rights.
25.
Whenever any easement or any incorporeal right in or over any land is to be added to any land contained in a certificate of title, the person selling, granting, or transfer- ring such right shall execute a memorandum of transfer in Secondschedule. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Form 7 in the Second Schedule, and the Registrar of Titles Form 7. shall file the same when presented, and either grant a new certificate of title to the registered proprietor, with the ease- ment or other right mentioned therein added to the land, whenever required so to do, or shall note the acquisition of the easement or incorporeal right on the existing certificate of title of the land to which it is added, as well as on the certificate of title of the land to be thenceforth subject to the easement or right. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Provisions for transfer of land trustees.
to 26. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(1) Where the registered proprietor of any land desires to transfer the same to trustees, he may register under the Registration and Records Act, any deed or docu- ment constituting the trust, but he shall: of equal date therewith, present to the Registrar of Titles a transfer to the persons named as trustees, in the ordinary form of an abso- lute transfer to individuals, with the words "as Trustees" added to their description, and also with the words 'With survivorship," or the words "without survivorship," accord- ing as the trustees are to continue to act, or not to continue to act, on the death of one or more of their number, and the Registrar of Titles shall thereupon issue to the transfer- ees a certificate of title without any reference to the trust deed, and they shall be the absolute registered proprietors of the said land, as regards the records of title, as fully and freely as any other registered proprietors: Provided that any cestuis que trust under the trust deed shall have the right to present a caveat to the Registrar of Titles to prevent any dealing with the land by the trustees in a manner inconsistent with the provisions of the trust deed. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
(2) Where, in the deed of trust, trustees are named with the right in the survivor or survivors to act after the death of one or more of their number, the survivor or survivors LAWS OF ANTIGUA AND BARBUDA (CAP. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
429 may require the Registrar of Titles to issue to him or them a new certificate of title in his or their names as registered pro- prietor or proprietors of the land; and when the said trustees are nominated as such without right in the survivor or sur- vivors to act, the cestuis que trust, on the death of one or more of the said trustees, shall have the right to require the issue of a certificate of title to them as now the registered pro- prietors of the land. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
In like manner, where new trustees have been assumed in virtue of powers contained in a trust deed, 01- have been appointed by the Court, they shall have the right to require the issue to them of a fresh certificate of title.
27.
Whenever the registered proprietor of any land Issue of new .f certificate of title shall die, the land shall transmit to the personal representa- .,death tive or representatives of the deceased proprietor and the ;$;:~;,d~. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
Registrar of Titles shall upon a request being presented to him accompanied by a grant of probate, or letters of admin- istration, or an office copy thereof, issue to the persons named therein as executors or administrators a certificate of title to the said lands and shall note on the certificate of title in the name of the deceased proprietor (the duplicate of which, in whose hands soever the same may be, shall be delivered up to him) the date of the request, the date of the death and ,iuch reference to the register of grants of pro- bate and letters of administration as may enable the grant to be found and shall cancel the certificate of title in favour of the deceased, and the date of the title of the new registered proprietor shall be held to draw back to the dat; of the death of the former registered proprietor, whatever may be the date of presenting the grant to the Registrar of Titles. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
28.
Where an order for the partition of land regis- Partilion. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
tered under this Act is made by the Court the Writ of Partition directed to the Provost Marshal shall be sufficient to authorize the Provost Marshal to transfer to the several parties amongst whom the land has been partitioned their respective portions, and subject to the production of the required plans by the respective parties concerned the Registrar of Titles shall at the request of the Provost Marshal issue certificates of title to the said parties for their respective portions at their expense. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
24 CAP.
429) Title by &gistration LAWS OF ANTIGUA AND BARBUDA Issue of new certificate of title to Administrator of Estates.
Cap.
459.
29. | Financial inclusion | Women Ownership of land/property/assets | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694499722061.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-429.pdf |
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