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Cap.
459.
29.
When an Administrator of Estates shall be ordered under the Unrepresented Estates Act, to sell any land brought under this Act, such Administrator shall be entided to demand from the Registrar of Titles the issue to him of a new certificate of title in which shall be added to his description the words "as Administrator of Estates," and the same procedure shall be followed, as nearly as circum- stances will permit, as is hereinbefore prescribed in the case of transmission to devisees. | 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 |
On issue of new certificate of title, all mortgages and incumbrances to be noted thereon.
30.
In all cases where a new certificate of title has been issued in lieu of a certificate of title in favour of a deceased registered proprietor, the Registrar of Titles shall note on the new certificate of title issued all mortgages and incumbrances affecting the land to which it relates.
Issue of new certificate of title to trustee of bankrupt registered proprietor.
Cap.
41.
3 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 |
Where a registered proprietor, incumbrancee, or mortgagee of any land has been adjudicated bankrupt, or where the estate of a registered proprietor, incumbrancee, or mortgagee has become the subject of liquidation by arrangement under the Bankruptcy Act for the time being in force, the land, mortgage, or incumbrance, as the case may be, shall transmit to the trustee of the estate, in the case of bankruptcy, as from the date of the order of adjudication, and in the case of liquidation by arrangement as from the date of the appointment of the trustee of the estate; and the Registrar of Titles shall, upon the request of any such trustee as aforesaid, accompanied by the documents proving the facts, being presented to him, issue to the trustee a certificate of title in lieu of that in favour of the registered proprietor so adjudged bankrupt or whose estate is in liqui- dation, as the case may be, and the duplicate copy of the certificate of title in the hands of such registered proprietor shall be delivered up to be cancelled, and the same procedure shall be followed in the issue of the new certificate, as far as the circumstances will permit, as is hereinbefore prescribed in the case of transmission to personal representatives. | 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 to assignee, &c., of insolvent registered proprietor.
32.
Where any person has become insolvent, and shall, either under the authority of the Court or voluntarily, assign the whole of his property to any assignee, administra- tor, or trustee on behalf of his creditors, any land of which he may be the registered proprietor shall transmit to the LAWS OF ANTIGUA AND BARBUDA Title @ Registration (GIP. | 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 25 said assignee, administrator, or trustee; and such assignet., administrator, or trustee shall request a certificate of title to be issued in his name; and the Registrar of Titles, upon such request being presented to him with the deed or instrument of assignment, or such office copy thereof as he may consider sufficient, shall issue a new certificate of title to such assignee, administrator, or trustee in the manner hereinbe- fore provided as nearly as circumstances will permit.
33. | 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 |
33.
Whenever any mortgage or incumbrance shall Trmsmkionof mortgage or transmit in any of the manners above set forth, the person inc-brmceon in whose favour the same shall have transmitted, or in the ~,":::P;$;,P;Z case of the death of any mortgagee or incumbrancee, the Orinc,b,,cee. | 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 |
personal representatives of such mortgagee or incum- brancee shall be entitled to present to the Registrar of Titles a request accompanied by the deed, document or writing, or a grant of probate, or letters of administration, or of an office copy thereof, upon which such request is founded, to alter th; noting or marking of any mbrtgage or incum- brance upon any certificate of title from the name of the previous mortgagee or incumbrancee to the name of such person as being then entitled to the mortgage or incum- brance; and the Registrar of Titles shall, in dealing with such request, proceed as far as circumstances will permit, in the manner already herein provided in regard to transmis- sions of land, and shall makk such noting or marking upon the certificate of the title of such land (the duplicate of which in the hands of the registered proprietor, or any other person, he shall be entitled to call in and demand for the purpose of this section) as shall set forth the parties truly entitled to such mortgage or incumbrance, and shall cancel any former noting, and shall either re-issue the same certificate of title to the party entitled thereto, or a new certificate of title as shall appear to the Registrar of Titles desirable and proper. | 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 |
34.
Where any person has acquired, or claims to z,"gE~,"~ tit,e have acauired, under the Real Propertv Limitation Act the where land has ownership of land brought under ;he dperation of this Act, E:,",""' he shall present a request to the Registrar of Titles to have a 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 |
367. certificate of title issued to him in lieu of the registered pro- prietor in the original certificate of title, and the person who has acquired, or claims to have acquired, such owner- ship shall not be entitled to maintain any suit in regard to 26 CAP.
429) Title by Registration LAWS OF ANTIGUA AND BARBUDA such land until he shall have obtained a certificate of title 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 |
When a request for such a certificate of title is pre- sented to the Registrar of Titles, he shall state a case to the Court, and shall not issue a certificate of title on such reque3t until he has received the direction of the Court thereupon.
Land Tax, Mortgages and Incum6rances; and the Sale of Incumbered Land LAND TAX 35. | 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) Land tax now imposed, or hereafter to be imposed, by an Act shall be a first charge on the land on which the said tax is made payable by the said Act where such land is now held under, or is hereafter brought 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) Such charge shall rank before all mortgages, incumbrances and interest already created and constituted, or hereafter to be created and constituted, by and under this Act and the Government may take all such proceedings under this Act for the recovery of land tax now due and unpaid, or hereafter becoming due and unpaid, by sale or otherwise of the land or estate on which the said tax is so made payable, as a mortgagee or incumbrancee may now take under this Act when a mortgagor or incumbrancer has failed to perform the conditions of a mortgage or incum- brance, or as when a mortgagee or incumbrancee may law- fully demand the repayment of the sum lent on mortgage, or the amount or provision secured by an incumbrance. | 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 Registrar of Titles shall make the following noting as a first noting, on all certificates of title issued by him on or after the date of coming into operation of the Property Tax Ordinance, 1962- "Charge in favour of the Government for Land Tax and Property Rate now due or hereafter to become due."
(4) Every certificate of title issued by the Registrar of Titles before the date of coming into operation of the Property Tax Ordinance, 1962 shall be deemed and taken Land tax.
Ord.
No.
16/1962. | 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 |
Ord.
No.
16/1962.
LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP.
429 27 to be noted with the noting set out in the last preceding subsection.
MORTGAGES 36.
A mortgage may be created and constituted over M~fl$agetobe any land by the noting of the same by the Registrar of Titles on the duplicate certificate of title, both that in the Registry cerlificateof title.
and that in the hands of the Registered proprietor.
const~tuted by 37. | 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 |
const~tuted by 37.
The warrant to authorize the Registrar of Titles ~ ~ ~ ; ; ; ~ : ~ ; ~ f to make any such note upon the certificate of title shall be a presented to memorandum of mortgage in Form 8 in the Second ;,"g,"dychedule.
Schedule, which shall be presented to the Registrar of Titles F,, by the mortgagor or mortgagee, or by those authorized to act on their behalf. | 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 duplicate certificate of title issued to the registered proprietor, or where the mortgage extends over lands contained in more than one certificate of title, then all the duplicates, must at the same time be handed to the Registrar of Titles to be noted.
8.
38.
The date of the mortgage shall be the date of DateofmOlt~ge.
presenting the memorandum of mortgage to the Registrar of Titles.
39. | 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 |
39.
When a memorandum of mortgage has been Ez6?~,"' presented, the Registrar of Titles shall proceed forthwith to be noted on note the chief facts set forth therein upon the duplicate cer- ce*ificate Of tit'e.
tificates of title, according to the form of noting of mort- gages upon the form of the certificate of title, Form 4 in the E s 2 .
S c h e d u 1 e .
Second Schedule.
40. | 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 |
S c h e d u 1 e .
Second Schedule.
40.
The Registrar of Titles shall file the memorandum Registrar to file memorandum of of mortgage presented to him, marking thereon a reference morlgpge.
to the certificate of title, and upon the certificate of title a reference to the file where the memorandum of mortgage is preserved.
41. | 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 |
41.
So soon as the Registrar of Titles has noted the Oz:;$g;Ld to mortgage upon the certificate of title, the land contained in be held iA pledge such certificate shall be held in pledge by the mortgagee, bymo"gagee.
from the date of the mortgage, for the repayment to him of the principal sum actually advanced and the interest set forth therein.
LAWS OF ANTIGUA AND BARBUDA CAP.
429) Title by Repstration Subsequent mortgages may be created; in case of sale, mortgages to be paid in order of date. | 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 |
Mortgages and incumbrances to rank by date.
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 |
A second mortgage or any number of mortgages may be created and constituted in a similar manner, but in the event of the land being sold, as hereinafter provided, for non-payment of any principal sum or interest thereon, the mortgage first in order of date shall be first paid out of the price obtained for the land, or if the sum be not sufficient to pay off the mortgage and interest due thereon, then the price so obtained shall be paid to the first mortgagee in reduction of the sum due to him under his mortgage. | 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 |
43.
Every other mortgage, where there are no incum- brances, shall be paid out of the price in like manner, in the order of its date, should the price be sufficient, and whoever may be the mortgagee or other creditor prosecuting the sale of the land.
In the event of incumbrances as well as mort- gages being noted on the certificate of title, the prior incum- brance shall be paid before the subsequent mortgage, and the prior mortgage before any subsequent incumbrance. | 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 |
Mortgage to be for specific sum actually advanced.
44.
A mortgage cannot be created or constituted for any undetermined sum, but only for the sum expressly stated in the instrument, and actually advanced.
On non-payment mortgagee may take steps for sale of land.
45. | 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 |
45.
The specific sum lent upon the pledge of the land shall be payable at any date which may be fixed in the memorandum of mortgage, and, if not repaid at that date, the mortgagee may, at any time thereafter, take steps for the sale of the land in manner hereinafter provided.
Mortgage to extend over land, works, growing crops, &c. 46. | 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 mortgage shall be held to extend over the land contained in the certificate of title upon which it is noted, or any part of such land described in the memoran- dum of mortgage, and all rents thereof, and upon all fix- tures on such land, and upon labourers' houses, mills, buildings, stables, cattle sheds, outhouses, and all erections used for estate purposes, whether fixtures or not, and upon all trees and shrubs, whether bearing fruit valuable in com- merce or not, and upon all growing crops on the land belonpng to the mortgagor, and all agricultural instru- ments, and appliances of sugar or other mills, and all stock belonging to the mortgagor, whether used for work and draught purposes, or grazing on the land, and over all con- tracts for labour to be performed on the land in favour of the mortgagor. | 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 BAaBUDA Title by Re~stralion (CAP.
429 29 47.
The mortgagor shall have the free use, enjoy- Moflgagortohave w e nnd enjoyment ment and management of all the property pledged, and it o~p,.operty. | 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 |
shall be his duty to care for the same, and keep all in work- manlike order and good condition, and, for this purpose, to deal with all personal chattels accessory to the land, and to sell and replace stock as a good husbandman, but not to deteriorate the condition of the land, and to use his utmost skill in the profitable cultivation of the soil; and he shall have the right to raise temporary advances for crop purpos- es by pledging the crop, when cut or plucked for sale or manufacture, in the manner hereinafter 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 |
48.
The mortgagee cannot as of right, on non-pay- pe",f::;trt ment of principal or interest, and with or without notice, possessionofland enter into the possession of the land with the view of work- ; ~ ~ t i ~ , " , " ~ ~ ~ .
f ing the same until the mortgage be paid off, but by consent of all parties interested the mortgagee can so enter subject to an accounting for the rents and profits of the land, as of land belonging, not to the mortgagee, but to the registered proprietor thereof.
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.
The mortgagee shall not be entitled to the dupli- F;$z2to cate certificate of title as of right pertaining to him as mort- ,,hin certificate gagee, but he shall be entitled to demand from the Oftitle- Registrar of Titles, at the cost of the mortgagor, a certified copy of the memorandum of mortgage, with a copy of the noting of the mortgage upon the certificate of title attached thereto.
The duplicate certificate of title shall remain with the registered proprietor.
INCUMBRANCES 50. | 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 |
INCUMBRANCES 50.
An incumbrance shall be created and constituted ~ over and upon any land, in the same manner as a mortgage, ,,tin by the noting thereof by the Registrar of Titles upon the cer- certiBate tificate of title.
~ ~ ~ ~ ~ t O 51.
The warrant to authorize the Registrar of Titles E~:,"~;,d,"'of so to note any certificate of title shall be a memorandum of secondschedu~e incumbrance, which shall be in one of the Forms numbered F0*9.
9 in the Second Schedule.
52. | 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 the Second Schedule.
52.
Incumbrances shall take rank in the order of 2;;;F;rt0 their dates, and the date of presenting the memorandum of incumbrance to the Registrar of Titles shall be the date of 30 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 the incumbrance, and shall be entered in the note thereof by the Registrar of Titles upon the certificate of title; and where they are both mortgages and incumbrances upon the same land, :he prior incumbrance shall take precedence of a subse- quent mortgage, and the prior mortgage of a subsequent incumbrance.
53. | 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 land is seized and sold for non-payment of any mortgage or incumbrance, any incumbrance, if of the nature of a tenancy for life or years, and if it be prior in date to the mortgage or incumbrance in regard to which the sale is prosecuted, may be cleared from the title with the consent of the incumbrancee, and if of later date, without such consent, and, in order to its being so cleared, shall be valued at its then present value, and shall be paid off in its order out of the proceeds of the sale, if the price be sufficient for the purpose, unless the purchaser and the incumbrancee shall agree that the incumbrance shall remain a burden upon 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 |
54.
In order to ascertain the then present value of ., any incumbrance, the Court shall give such directions and orders for the employment of skilled persons, either in or out of Antigua and Barbuda, to value the same as it may deem requisite and necessary.
55. | 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 |
55.
An incumbrance which is not specially limited to a payment out of revenue, or other special form of incum- brance, of a like nature, shall extend over the land con- tained in the certificate of title upon which it is noted, and upon all fixtures, houses, outhouses, growing crops, stock and other property over which a mortgage extends.
Clearing of incumbrances on seizure andsale of land.
Valuation of incumbrances.
Extent of incumbrance.
Leases for three years to be incum- brances.
56. | 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 |
Leases for three years to be incum- brances.
56.
For the purposes of this Act, and in order that all the rights granted, which to any important extent affect the land, may appear upon the certificate of title, a lease for three years and upwards shall be deemed an incumbrance, and shall be constituted by a noting on the certificate of title in the same manner as an incumbrance.
Memorandum of lease.
Second Schedule F O ~ 10.
57. | 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 F O ~ 10.
57.
The warrant to authorize the Registrar of Titles to make such a noting of a lease shall be a memorandum of lease in Form 10 in the Second Schedule.
LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP.
429 3 1 58. | 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 3 1 58.
No lessee shall be deemed an incumbrancee for Power of incumbrancee to the purpose of suing forth or prosecuting any sale of the prosecutesale or land, in the manner provided in this Act for incumbrancees landnot to extend other than lessees, for any breach of the conditions of his lease, but he shall be left to his ordinary legal remedies.
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 |
to lessee.
EQUITABLE MORTGAGES 59.
An equitable mortgage may be constituted by ET'U": deposit of the certificate of title, and when a duplicate cer- comtitutedby tificate of title is so deposited to cover any liability incurred z;$gltof title.
by the registered proprietor, the Registrar of Titles shall not require the holder thereof to deliver up the same for the purpose of noting thereon any mortgage or incumbrance subsequent to the said deposit, or for the purposes of any 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 |
If the land shall transmit by the death of the regis- tered proprietor while the equitable mortgage subsists, any new certificate of title which may be issued consequent thereupon shall be deposited with the equitable mortgagee in lieu of the certificate of title held by him.
60. | 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 |
60.
An equitable mortgage shall be constituted and Ezbizto created over the land contained in the certificate of title extendoverall deposited, and over all fixtures, houses, outhouses, growing crops, stock, and other property over which the mortgage extends.
extends; and shall rank in its order according to the date of presenting a caveat, as hereinafter provided, to the Registrar of Titles to prohibit dealings with the land while the equitable mortgage shall exist.
61. | 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 |
61.
An equitable mortgage may be constituted by the may be a definite sum then advanced, if placed to the account of ;'znzS"' deposit of the certificate of title, either for the repayment of for a definite sum, the borrower, or to cover advances to be made, or for the purpose of covering advances made or to be made, or liability for sums due.
62. | 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 |
62.
The equitable mortgagee, if he desires to prevent Equitable any other creditor obtaining a preference over such effects caveat prevent comprised in his equitable mortgage as may be secured by bill of sale or otherwise, shall forthwith present a caveat, in manner hereinafter provided, to prevent any dealing with the land and the things accessory thereto, as already set forth, over which his equitable mortgage extends; but he mortgagee may by 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 Registration may refrain from presenting such caveat, and in that case, his right as regards the registered proprietor shall not be adversely affected thereby, but he will not have any prefer- enc?
over a more diligent creditor whose securiq may be meantime completed.
63. | 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 |
63.
An equitable mortgage may be converted into a mortgage, with all the powers and privileges of a mortgagee against the registered proprietor by way of sale of the land and otherwise, by the equitable mortgagee obtaining the judgment of the Court fixing the amount due to him by the registered proprietor, or obtaining from the debtor a writ- ing accepting a specific sum therein stated as being due by him to the creditor under the equitable mortgage. | 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 |
Whereupon the equitable mortgagee may present the judg- ment or the writing to the Registrar of Titles, and request him to note upon the certificate of title a mortgage in his favour for the amount of the judgment or accepted balance due, the date to draw back to the date of the caveat, which shall be removed and the noting of the mortgage put on the certificate of title in place thereof.
The judgment or writing shall be filed as the authority to the Registrar of Titles for so acting. | 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 no caveat has been entered, the date of the mortgage shall be the date of presenting the judgment or writing of the Registrar of Titles.
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 |
64.
A mortgage or incumbrance may be transferred from the mortgagee or incumbrancee to any other person, who shall then become the mortgagee or incumbrancee, by the presentation of a memorandum of transfer to the Regrstrar of Titles in Form 11 in the Second Schedule, and the noting by him of the fact of the transfer upon the certifi- cate of title.
65. | 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 |
65.
When such memorandum of transfer has been presented to the Registrar of Titles, he shall proceed in regard to the noting of the transfer, and the filing of the memorandum of transfer, in a similar manner to that pro- vided for the noting of a mortgage or incumbrance.
Conversion of an equitable mortgage into a mortgage.
Memorandum of transfer to be presented to Registrar.
Second Schedule Form 11.
Transfer to be noted in same way a s mortgage or incumbrance.
Date of transfer.
66. | 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 |
Date of transfer.
66.
The date of the presentation shall be the date of the transfer, and immediately thereafter the transferee shall LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP.
429 33 enter into the whole rights of the transferor under the mort- gage or incumbrance. | 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 transferee may demand from the Registrar of Titles a certified copy of the memorandum of transfer, together with a certified copy of the noting thereof upon the certificate of title, with such reference thereon to the volume and folium of the register where the certificate of title is registered as to permit of easy reference thereto.
67. | 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 a mortgage or incumbrance has been paid ~ ~ ~ ; ~ ~ ~ , " : f off and discharged, or has been partially paid off or dis- ,o~pgeor charged, the mortgagee or incumbrancee shall sign such an Ez,":' instrument as Form 12 in the Second Schedule as may cor- cedificate ~ f t i t i e rectly set forth the facts, and, when the same is presented to z:;r$;gd the Registrar of Titles, he shall alter or cancel the noting of secondschedule the mortgage or incumbrance, or make such fresh noting upon the certificate of title as shall correctly set forth the actual position and the amount of the mortgage or incum- brance, as the case may be, and he shall file the instrument, in manner already provided , as his warrant for making such alteration or cancellation. | 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 |
l2.
68.
A lease for three years and upwards may be trans- Transfer of lease.
Second Schedule 13. ferred by the execution of a memorandum of transfer in F,, Form 13 in the Second Schedule, and the noting thereof by the Registrar of Titles on the certificate of title.
69.
The date of the transfer shall be the date of the ~ ~ ~ ~ ~ , f ; ; . | 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 |
presentation of the instrument, and the duties of the Registrar of Titles, in regard to the instrument presented, shall, in all respects, be similar to those provided for in the case of the transfer of a mortgage or incumbrance.
70. | 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 a lease has come to an end by effluxion of Termination of lease to be noted time, or has been determined by consent or by the judge- oncertificateof ment of the Court, the registered proprietor may present a request to the Registrar of Titles to make such noting on the certificate of title as shall indicate the fact that the lease has ceased to exist, or to cancel the noting of the lease in such manner as the Registrar of Titles may deem shall best set forth the actual state of the facts in regard 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 |
SALE OF INCUMBERED LANDS OR ESTATES 7 1.
When a mortgagor or incumbrancer has failed to perform the conditions of the mortgage or incumbrance, or pay O f f .
LAWS OF ANTIGUA AND BARBUDA Title by Registration Second Schedule Form 14.
Seizure of land on non-payment after notice.
Act of seizure to be sewed on registered proprietor.
Second Schedule Form 15.
Caveat of seizure to be presented to Registrar. | 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 |
Caveat of seizure to be presented to Registrar.
Second Schedule Form 16. when the mortgagee or incumbrancee may lawfully demand the repayment of the sum lent on mortgage, or the amount or provision secured by the incumbrance, the mortgagee or incumbrancee shall serve, or cause to be served, upon the registered proprietor a formal notice to pay off in Form 14 in the Second Schedule requiring him to perform the acts therein required within sixty days from the date of service. | 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 registered proprietor is resident abroad and there is no one in Antigua and Barbuda holding his power of attorney, he shall be served in the manner in which a defen- dant out of the jurisdiction of the High Court may be served.
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72.
If the registered proprietor shall not, within the time specified, pay off the mortgage or incumbrance, or do the acts required of him in the notice to pay off, the mort- gagee or incumbrancee may seize the land contained in the certificate of title on which the mortgage or incumbrance is noted, with the things accessory thereto as set forth and enumerated in this Act as falling within the mortgage or incumbrance.
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 |
The seizure shall be completed as regards the registered proprietor by the bailiff appearing on the premises with orders to seize, but, in evidence of his act, he shall place in the hands of the registered proprietor, or leave at his dwelling place, or, if resident abroad, in the hands of his attorney acting under his power of attorney, or, if he has no such attorney, then the mortgagee or incumbrancee, in the manner in which a defendant out of the jurisdiction of the High Court may be served, shall serve the registered propri- etor with an act of seizure, in Form 15 in the Second Schedule in which shall be set forth, not only the land seized, but an inventory of the things accessory to the land over which the mortgage or incumbrance extends; but where the registered proprietor resides abroad, it shall not be necessary to delay proceedings because of such service. | 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 |
74.
The mortgagee or incumbrancee shall also forth- with present to the Registrar of Titles a caveat of seizure, in Form 16 in the Second Schedule which the Registrar of Titles shall note upon the certificate of title in the same manner as is provided for other caveats, to prohibit all deal- ings with the land seized until the caveat be removed or withdrawn.
LAWS OF ANTIGUA AND BARBUDA Title by Regastration (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 35 75. be settled by a If the debt shall not be paid off or discharged, or o n non-payment of debt within 30 the acts required in the notice to pay off shall not be per- daysafterseizure, formed, and no new arrangements shall be made within articlesof sale to thirty days from the date of seizure, the mortgagee or Judge. | 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 |
incumbrancee shall lodge in the Registry of the High Court articles of sale, in Form 17 in the Second Schedule of the SecondSchedule said land, and the things accessory to the said land over which the mortgage or incumbrance extends, either in one lot or in more lots, as may be thought most likely to bring the highest price, and shall, by summons, call upon the reg- istered proprietor, and all other mortgagees and incum- brancees, to appear before the Court on a day to be specified in the summons, being not less than three and not more than ten days after the date of the summons, to settle the said articles of sale, to estimate an upset price, to fix the day of sale and to adjust the announcements of sale, and the mode of publication thereof. | 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 |
Fonn 17.
76.
On the day appointed the Court shall settle the Court to appoint and advertise date conditions of articles of sale, fix the upset price upon such information or ,d valuation as may be considered necessary and sufficient, sale.
and appoint the day of sale, adjust the announcements, and determine the mode of publication thereof, according to the nature and value of the property. | 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 |
For lands not exceed- ing four hundred and eighty dollars in value (to be judged by the Court from any indications or informal evidence of value which the proceedings may disclose, or which may be communicated to the Court) it shall not be necessary to publicly announce the sale beyond Antigua and Barbuda, but for land of greater value, the Court will determine whether the announcements should be published beyond Antigua and Barbuda, or in the home journals. | 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 day of sale shall be determined by the length of time necessary to publish the announcement in such a manner as shall bring the highest price.
77.
In settling the articles of sale, the Court shall E2gb",f,nceesto cause to be inserted therein, and in the announcements, bepreserved. | 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 which shall reserve the rights of all persons hold- ing estates for life or lesser estates which entitle such incum- brancees to the possession and enjoyment of the property, if their incumbrances shall be entitled to priority over the mortgagee or incumbrancee prosecuting the sale, unless 36 CAP.
429) Title by Registration LAWS OF ANTIGUA AND BAREUDA Sale to be by Registrar of High c0,, at the Cou*House.
Payment of price.
On non-payment of price, new sale to take place. | 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 |
On non-payment of price, new sale to take place.
the consent of such prior incumbrancees shall have been obtained to an uiireserved sale; in which case the rights of the incumbrancee shall be valued and dealt with in the manner set forth in sections 53 and 54.
78. | 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 |
78.
All lands so appointed to be sold shall be sold at the Registry of the High Court, or, if rendered necessary by the number of bidders, in the Court House itself, and the Registrar of the High Court shall preside at the sale, and shall take biddings for the lands; each bid being written down and signed by the bidder, and the highest bidder shall be accepted as the purchaser. | 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 a higher bid has been made and accepted, the lower bids shall cease to be bind- ing, even if the higher bidder fails to carry out the purchase.
79. | 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.
Such a deposit shall be forthwith paid by the pur- chaser as the Court shall have fixed in settling the articles of sale, being not less than one-fourth of the whole, and the balance of the price shall be paid as may be arranged between the Registrar of the High Court and the purchaser, but in no case shall a longer delay than three months be granted for the purpose.
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 |
80.
Should the price not be paid, the land shall, if need be, be anew exposed to sale at the cost of the accepted purchaser, to be paid out of the money deposited.
If a high- er bid than formerly be received, the deposit, less the costs of the second sale, shall be returned to the first purchaser, but should a less sum be offered, the difference shall, in addition to the costs, be retained out of the deposit before any balance be returned to the first purchaser, and in like manner with successive sales. | 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 |
Scheme of division.
81.
SO soon as the price has been completely paid, the Registrar of the High Court shall draw up a scheme of 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 |
division of the price, as in Form 18 in the Second Schedule Form 18. and the mortgagee or incumbrancee who is prosecuting the sale shall, in like manner as was done for the settling of the articles of sale, call the mortgagees and incumbrancees and all parties interested before the Court, and the Court shall settle the scheme of division and direct the Registrar of the High Court to pay the amounts to the respective persons preferred, upon receipt given by them, or those acting for them, opposite to their names in the scheme of division. | 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 Regzstration (CAP.
429 82.
The Court shall, at any time after payment of the Issue of newcer- tificate of title brances noted price, and not later than the settling of the scheme of divi- ,nersalewith sion, order and direct the Registrar of Titles to issue to the resewed incum- accepted purchaser a certificate of title to the land sold, free thereon. | 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 |
from any noting of the mortgages and incumbrances and caveat of seizure on the former certificate of title, except those incumbrances which have been reserved under sec- tion 77 (the date of the new certificate of title to draw back to the day on which the offer was accepted), and to cancel the former certificate of title (the duplicate of which shall be delivered up to the Registrar of Titles by the former reg- istered proprietor); and the land contained therein shall, thereafter, be held fully and completely freed and purged from the former mortgages and incumbrances, except those reserved as already provided for. ' | 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 |
~ ~ ~ ~ 83. | 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 registered proprietor, or his attorney or F;$z2may &arge manager on the spot, shall, as a general rule, be named by ,,;,in the bailiff to take charge of the property seized, and, during ; ~ ~ ~ P , the necessary delay and until the land be sold, shall carry on and ,ate, but the cultivation of the land, and the preparing and reaping receiver maybe of the crops, as before the seizure, but where, from the necessity of obtaining advances for the pay of labourers or otherwise, and the stoppage of his credit, the registered proprietor shall not be in a position to do so, then the mort- gagee or incumbrancee who has made the seizure shall apply to the Court to appoint a receiver to manage and carry on the land or estate until a sale be effected, or the seizure paid off. | 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 |
appointed.
84.
The registered proprietor may, at any time up to Debt be aid up to noon orday twelve of the clock of the day preceding the day of sale, pay precedingday of off the seizure, by depositing in Court the amount of the sum due under the mortgage or incumbrance, and the costs.
85.
Should the creditor, after the sixty days provided $~~~,"~i',?
'de in the notice to Dav off have run out, not proceed to seizure limited. | 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 |
within twenty-one days, he shall serve a new notice to pay off, and the procedure shall have the same course as before.
L z 86.
If there be more than one seizure, the mortgagee ~ ~ ~ ~ " , R , F & D ~ ~ ~ O or incumbrancee who shall first present the caveat of sate.
seizure to the Registrar of Titles shall have the carriage of the sale, unless the Court shall otherwise order.
38 CAP.
429) Title by Reg-istration LAWS OF ANTIGUA AND BARBUDA Effect of seizure on leases and rents. | 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 |
Payment of solicitor having carriage of sale.
87.
Any lease for less than three years of any portion of the land seized made after the seizure shall be ipso facto null, and no lease for three years or upwards can be regis- tered in face of the caveat of seizure.
All rents due for any portion of the land seized shall be paid, after seizure, into the Registry of the High Court.
88. | 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 |
88.
The solicitor having the carriage of the sale shall be remunerated, over and above the sums of money actually paid out of pocket, by a percentage upon the sale price in full payment of costs against the registered proprietor or the mortgagee or incumbrancee of the land and estate in any manner or way, from the date of the notice to pay off until the completion of the scheme of division and the issuing of the certificate of title in favour of the purchaser.
Percentage payable to solicitor. | 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 |
Percentage payable to solicitor.
Fifth Schedule.
89.
The percentage payable to the solicitor having the carriage of the sale shall be according to the proportion- ate amount set forth in the Fifth Schedule.
Taxation and pay- ment of costs.
Adjournment of sale.
90. | 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 |
Adjournment of sale.
90.
The total costs, including both the sums actually paid out of pocket and the percentage on the sale price, shall be taxed by the Registrar of the High Court and pub- licly notified at the time of adjusting the scheme of division, and the amount shall form the first item in such scheme in the name of the solicitor having the carriage of the sale, after the sums, if any, due to the receiver.
91. | 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 |
Should no bidders appear on the day of sale, or no bidders to offer the upset price, or on other strong grounds of necessity or expediency, the Registrar of the High Court may, of his own motion, adjourn the sale either to a day to be fixed or sine die, and he may also so adjourn the sale either at the instance of the registered proprietor, or the mortgagee or incumbrancee prosecuting the sale, or any other mortgagee or incumbrancee, if the reasons set forth by them for the adjournment appear to be serious and well founded in the interest of all 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 |
adjourned sale.
Announcementof 92.
When the sale has been so postponed, another day shall be fixed by the Court, either at the request of the Registrar of the High Court, or on the motion of the mort- gagee or incurnbrancee prosecuting the sale, or of the regis- LAWS OF ANTIGUA AND BARBUDA Etle by Repstration (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 39 tered proprietor, and with or without any alteration of the upset price, or of the announcements of sale, as may be con- sidered best adapted to ensure a sale of the land and estate, and on such publication of the announcement of the adjourned sale as the Court may order.
93.
The mortgagee or incumbrancee prosecuting 2;:f~~$;~. | 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 sale may bid, and all other mortgagees and incum- brancees; but the following persons are incapacitated from bidding or purchasing either in their own persons or by means of a third party; viz., any Judge of the High Court, any Registrar of the High Court or any of his clerks, the solicitor having charge of the sale, and any person notori- ously in insolvent circumstances.
Any bidding or purchase made by, or on behalf of, any of the above persons, shall be absolutely null and void.
94. | 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 |
94.
Any question arising in the course of a sale of Questionsarising m course of sale be settled by land or estate, from the time of serving the notice to pay off till the completion of the scheme of division and distribu- thecourt. | 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 |
tion of the price, either between the registered proprietor and the mortgagee or incumbrancee prosecuting the sale, or between either of the said parties and any receiver appointed by the Court, or between any other mortgagees and incumbrancees themselves, or between any other credi- tor and any of the parties named, or any one pretending right to any of the property seized, shall be heard and deter- mined by the Court in such manner as the Court may direct.
CROP ADVANCE WARRANTS 95. | 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 ADVANCE WARRANTS 95.
The security of the mortgagee and incum- ~ ; ; ~ ~ ~ ~ ; ~ ~ ; brancee over the land, stock, growing crop, and other .,tendovercrop things accessory to the land, hereinbefore enumerated, whenrea~ed.
shall not be held to extend over the crop when cut or plucked, but the mortgagor or incumbrancer shall deal therewith as a good husbandman to sell the crop to the best advantage, and shall, from the first and readiest of the moneys realized therefor. | 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 |
~rovide for the Davrnent of the interest due, or to become due, on the mortgages and incumbrances for the year, and for payments constituting incumbrances.
I i ' I 96.
The registered proprietor shall be at liberty to deal with the sugar, cocoa, coffee or other crop in order that ,,,t .fadvances.
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 |
LAWS OF ANTIGUA AND BARBUDA CAP.
429) Etle by Regzstration it may be a pledge for the repayment of advances made for the purpose of providing the labour and supplies essential to the production of the crop: Provided that up to the period of the crop ceasing to be a growing crop, the right of the mortgagee or incum- brancee, under his pledge of the land and estate, to seize and sell the land with the growing crop belonging to the registered proprietor, is preferable to all others.
97. | 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 |
97.
Where the land of the registered proprietor has been seized and sold by any mortgagee or incumbrancee, after the advance of the whole or a portion of the sum in a crop advance warrant, as provided for in the next succeed- ing section, for the crop then 'on the ground, the holder of the crop advance warrant shall be repaid out of the sale price preferably to any creditor other than the receiver and the solicitor having the carriage of the sale shall be ranked in the scheme of division accordingly.
98. | 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 registered proprietor may grant a crop advance warrant in Form 19 in the Second Schedule, and the meaning and effect of such document shall be that, so soon as the sugar cane is cut, or the coffee, cocoa or fruit plucked from the tree, or the other crops have been taken from the plants or ground, so as to have ceased to be growing crops, they shall be a pledge for the repayment of the amount set forth in the crop advance warrant; and the buildings or places where the sugar is drained and stored, or the coffee or cocoa or other crop is prepared for market or stored, whether such buildings or places be on the land and estate, or in town or elsewhere, shall be held to be the joint warehouse or store of the registered proprietor and the holder of the crop advance warrant, and the registered proprietor shall hold the same for himself and the holder of the crop advance warrant. | 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 |
99. | 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 holder of the crop advance warrant may take possession of the crop at any time after it becomes subject to his right, or he may place a person to represent his interest in joint charge with the registered proprietor, but where the holder of the crop advance warrant does not take possession of the crop, it shall, for the purposes of sale and turning into money, be at the disposal of the registered proprietor, who shall account for the same to the holder of the crop advance warrant, and repay the crop advance. | 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 |
On sale of land by mortgagee, crop advance warrant to have preference.
Effect of crop advance warrant.
Second Schedule Form 19.
Holder of crop advance warrant may take possession of crop.
LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP.
429 4 1 100.
When the holder of the crop advance warrant Holderofcrop advance warrant shall take possession of the crop, he shall in like manner toaccount to account for the proceeds of the same to the registered pro- 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 |
prietor, and repay to him any balance after paying the sums due under the crop advance warrant.
101.
If the grantor of a crop advance warrant shall F ' ; L ~ ; T I ~ deal with the sugar or other crops, and shall, with intent to o f c , p ~ t h o u t defraud, appropriate the proceeds solely to his own use, !
;;;",,7"~ without paying the holder of the crop advance warrant, he shall be deemed guilty of larceny, and shall be subject to trial and punishment accordingly. | 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 |
to rant extends has been sold or disposed of, an account shall be ,payadvance, 102.
When the crop over which the crop advance war- ii,":f"fi"cient made up between the holder thereof and the registered pro- Fzz:;,b;taof prietor, and the balance, if any, retained by or paid over to 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 |