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the latter; but if there shall be a balance owing to the holder of the crop advance warrant, it shall be a debt due by the reg- istered proprietor personally, and, subject to the provisions of Part VI, shall not be a charge upon the land or estate: Provided that it shall always be lawful for the registered proprietor to grant a mortgage for the said balance, which shall take its place in the order of its date, or to guarantee payment of the said balance by the deposit of the certificate of title by way of equitable mortgage protected by 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 |
103.
Crop advance warrants may be transferred by Crop advance war- rants transferable, special or blank endorsements in the same manner as bills and may be of exchange, and may be granted by lessees in the same g+antedb~lessees.
manner as if they were registered proprietors of the land leased.
104. | 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 |
104.
Crop advance warrants shall be registered, with- Registration of crop advance in thirty days of their date, in the register of bills of sale, and shall take precedence and priority according to their date of registration, both among themselves and in relation to bills of sale which may be registered in the same register.
105. | 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 |
105.
(1) Whenever any sum secured by a crop ~ ' ~ , " ~ ' ~ f O r advance warrant is due and owing to the holder thereof, or payments due whenever any sum of money promised to be advanced is :',d:ic',"zmant.
due to the grantor of a crop advance warrant, it shall not be 42 CAP.
429) Title by Registration LAWS OF ANTIGUA AND BARBUDA second Schedule Form 20.
Second Schedule 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 |
~ F O " necessary for such holder or grantor to sue upon such crop advance-warrant, but, if such holder or gantor shall three clear days notice to the person from whom he seeks to recover the said sum of his intention to apply to the Registrar of the high Court to issue execution for the recoverv of the sum so due or withheld, and calling upon him, if he has any reason to give why execution should not issue, to send notice thereof to the Registrar of the High Court with an affidavit verifjllng the facts on which he relies, and giving him notice that, if he fails to do so within three days, execution will issue, the said holder or grantor may apply in writing, ill Form 20 in the Second Schedule, to the Registrar of the High Court to issue execution for the sum so due and owing as aforesaid, and the Repistrar of the High Court shall, on r e c e i ~ t of such application, together with an affidavit of service of the notice aforesaid satisfying him that all the requirements of this sec- tion have been complied with, issue execution, in Form 21 in the Second Schedule, for such sum as is 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 |
" (2) If the said Registrar has received no notice of any reason why he should not issue execution, or if, in his opin- ion, no good reason is shown why such execution should not issue, he shall issue execution for the whole amount. | 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 it shall appear to the said Registrar that the reasons advanced why execution should not issue apply only to a part of the amount named in the application, he shall issue execution for such part of the said amount as the reasons advanced do not apply to: Provided that the said Registrar shall not issue execu- tion for any part of the amount named in the application as to which, in his opinion, good reason is shown that execu- tion shall not issue; but, for the recovery of any such sum, the person making the application shall bring his action in the ordinary way. | 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) No such notice as in this section is mentioned shall, except by leave of the Court, be served on any person who is not within Antigua and Barbuda; which leave may be granted by the Court, subject to such conditions, and with such directions as to time and manner of procedure as to the Court shall seem fit.
(4) On execution being issued by the said Registrar, the same steps may be followed in all respects as if execution LAWS OF ANTIGUA AND BARBUDA Title by Regzstration (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 had issued after judgment in the High Court in favour of the holder of the warrant, or of the grantor.
Judgments 106.
(1) Where any registered proprietor, mort- Order of sale in satisfaction of gagee or incumbrancee, or the estate or right of any regis- judgpentdebt. | 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 proprietor, mortgagee or incumbrancee in or over any land brought under this Act, is liable to the payment of a judgment debt, the Court may, at any time after the date of the judgment, on the application of the judgment credi- tor, make an order for the sale of the estate or right of such registered proprietor, mortgagee or incumbrancee in or over the said land: Provided that, if it is proved to the satisfaction of the Court that the estate or right in question is of the value of two thousand four hundred dollars or upwards, or where the application is for the sale of the estate or right of a regis- tered proprietor, that, of the land in question, forty acres or more are under cultivation, no order of sale shall be made hereunder, except with the consent of such registered pro- prietor, mortgagee or incumbrancee, until the expiration of six months after the date of the application: Provided further, that, on any such application, the Court instead of making an order of sale may order the amount due to be levied by the appointment of a receiver, or otherwise as it shall think fit. | 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) In this section- "judgment" means judgment entered in the High Court: Provided that any other judgment to which the provisions of section 8 of the Judgments Act Cap.227.
apply, and in respect of which the provisions of the said section have been complied with, shall also be deemed a judgment within the meaning of this section: and "judgment creditor" means any person to whom any money, including money due for costs, is for the time being payable under any such judgment.
44 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 |
44 CAP.
429) Title by Regstration LAWS OF ANTIGUA AND BARBUDA Sale in satisfaction of judgment debt.
Transfer on sale in satisfaction of j u d p e n t debt.
Second Schedule Form 22.
Judgments, how made a charge.
107. | 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 |
Judgments, how made a charge.
107.
When an order of sale is made under the last preceding section, the estate or right thereby ordered to be sold shall be sold accordingly at public auction, at such time and place, in such manner, upon such conditions, and after such advertisement as the Court, by the same or any subse- quent order, may direct, and the proceeds of the sale shall be paid into Court, and shall be applied in satisfaction of the judgment debt and the subsequent costs and expenses.
108. | 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 any estate or right is sold under the last preceding section, the Registrar of the High Court shall execute a transfer thereof to the purchaser in Form 22 in the Second Schedule, or in such other form as the Court may direct; and the Registrar of Titles, upon such transfer being presented to him, by or on behalf of the purchaser, shall, in the same manner as if the transfer had been executed by the registered proprietor, mortgagee or incumbrancee in question, proceed, in accordance with the provisions of Parts IV and V, according to the circumstances of the case, either, if it is the estate or right of the registered proprietor which has been sold, to cancel the existing certificate of title and to issue a new certificate of title with all the mortgages and incumbrances affecting the land duly noted thereon, or if it is a mortgage or incumbrance which has been sold, to note the transfer on the existing certificate of title; and the duplicate certificate of title, in whose hands soever the same may be, shall, on the demand of the Registrar of Titles, be delivered to him, in order, according to the circumstances, that the same may be cancelled, or that the transfer may be noted 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 |
109. | 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 judgment for the payment of any money or costs shall constitute such money or costs a charge, subject to charges having a priority, upon the estate or right of any registered proprietor, mortgagee or incumbrancee in or over any land brought under the operation of this Act as soon as- ( a ) the person entitled to the benefit of such judgment has filed an application to the Court under the Judgments Act for an order for the levying of such money or costs or part thereof by sale of such estate right or otherwise, and all further proceedings in LAWS OF ANTIGUA AND BARBUDA Title by Registration (W. 429 45 connection with such judgment shall be governed by the provisions of that Act, and (b) the Registrar of Titles shall have noted such application upon any relevant certificate of title in his custody. | 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 |
110.
(1) The Registrar of Titles upon making such f;y,";;",;t notation as aforesaid, shall call upon the person having cus- tody of the duplicate of any such certificate of title men- cedificate.
tioned in the last section to produce it to him forthwith. | 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 |
duplicate (2) Upon production of the duplicate certificate the Registrar of Titles shall endorse thereon the same notation of the application as appears on the original certificate of title in his custody and the date of such notation thereon, for the purposes of priority, shall draw back to and rank as from the date of filing as entered on the original certificate of title aforesaid. | 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 |
PART VII Caueats 1 A caveat shall, subject to the provisions of sec- FO" tions 16 and 74, be in Form 23 in the Second Schedule and eg:F Of caveat.
.
shall be verified by the oath of the caveator, or his solicitor, or person acting under the power of attorney of the caveator, and shall contain an address within Antigua and Barbuda at which notices may be served on the caveator.
112. | 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 |
112.
Any person claiming to be entitled to stay the z , " z ~ ~ ~ ~ ~ ~ ~ ~ registration of any dealing in land, until his rights therein shall be recognized and registered, may present a caveat to the Registrar of Titles.
113.
The Registrar of Titles shall register such caveat Caveat to be noted on in the same form and manner as an incumbrance affecting certificate the land set forth in the caveat, and the date of registration litLe. | 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 the date of the presentation of such caveat, and, for the purpose of such registration, the Registrar of Titles shall have the right to demand the duplicate certificate of title from the possessor thereof, in order that the caveat may be noted thereon as well as on the duplicate in the register.
46 CAP.
429) Title by Registration LAWS OF ANTIGUA AND BARBUDA Notice of caveat to be sent to caveatee.
114. | 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 |
114.
Where the caveatee is not the person in posses- sion of the certificate of title, and would not necessarily by such proceedings receive notice of the caveat, the Registrar of Titleg shall forthwith send notice to him, by post, of the presentation of such caveat.
Effect of registration of caveat.
115.
After the registration of a caveat, and so long as it shall remain in force.
the Registrar of Titles shall not reg- ister any dealing with the land embraced therein, until the caveat shall be removed. | 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 |
u u Caveator may withdraw caveat.
116.
A caveat may be removed by the caveator, at any time, by presenting to the Registrar of Titles an order of SecondSchedule withdrawal in Form 24 in the Second Schedule, subject to Form 24. any demand for costs and damages which the caveatee may make in the manner hereinafter provided.
Caveatee may give order of removal.
Second Schedule Form 25.
Caveator may apply to Court to sustaincaveat.
117. | 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 caveat may be removed by a caveatee by his sending the Registrar of Titles an order of removal in Form 25 in the Second Schedule and containing an address within Antigua and Barbuda, where notices and letters may be addressed to or served on the caveatee, and, upon receipt of such order of removal, the Registrar of Titles shall note on the same the day and hour at which it was received, and shall give written intimation to the caveator, at the address given in the caveat that, at the expiry of twenty-one days from the date noted on the order, he will enter the order of removal in the presentation book, and will proceed thereon to cancel the caveat on the duplicate certificate of title, unless, before the expiry of such period as aforesaid, there shall be pre- sented to him an order of a Judge, sustaining or continuing the caveat for a time specified, or otherwise dealing with the caveat so as to require its continuance 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 |
118. | 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 caveator may, at any time and without any notice from the Registrar of the receipt of an order of removal from the caveatee, apply to the Court to sustain such caveat, and to order its continuance on the register, either until some question of right has been determined between the caveator and the caveatee, or till such time and in such manner as may be ordered by the Court, and the Court, after such notice to the caveatee or service upon him as may appear sufficient, may proceed to hear the parties, 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 47 or, in the absence of the caveatee if he does not appear, to deal with the case as may appear just.
119.
The caveatee may, in like manner, and without Application to sending any order of removal to the Registrar of Titles, caveat.
apply to the Court to have the caveat removed by order of the Court.
Court to remove 120. | 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 |
Court to remove 120.
Any person lodging any caveat with Registrar without reasonable cause shall be liable to make any person who may have sustained damage thereby such compensation as may be just, and such compensation shall be recoverable in an action at law by the person who has sus- tained damage from the person who lodged the caveat.
the Caveatorliablein damages.
12 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 |
the Caveatorliablein damages.
12 1.
All orders sustaining, continuing, or removing m ~ r d e n o f Court relating to caveats, and all other orders of the Court relating thereto, c.a,tobe shall be presented to the Registrar of Titles by the person in noted.
whose favour they are given, or on his behalf, and shall be noted by the Registrar of Titles on the duplicate certificate of title as of the date of such presentation.
122. | 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 |
122.
No second or other caveat shall be lawful, at the :b",';,",",:,","~t instance of the same person, in relation to the same matter, from the same and the Registrar shall refuse to receive or note the same on person.
the register.
123.
The Registrar of Titles may, of his own motion, g~;,"~:;"; enter a caveat upon the register, either to protect the rights of 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 |
the Crown, or the rights of any person under legal disability or absent from Antigua and Barbuda, or for any good, valid and sufficient reason to him appearing which may require him to act in such a manner in the interests ofjustice, and he may also enter a caveat, when it shall appear to him that any error has been committed in regard to any certificate of title, or any noting thereon, in order to prevent dealing with the said land until such error shall have been corrected. | 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 and Confirmation of Qualified and Possessory 7'itb REGISTRATION OF QUALIFIED TITLES AND POSSESSORY TITLES 124.
An application for the issue of a first certificate ~~,p:k,":~p [or under this Part may be made by such persons, and shall be 48 CAP.
429) Title by Registration LAWS OF ANTIGUA AND BARBUDA Certificate of qualified title.
Certificate of possessory 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 |
Certificate of possessory title.
made in such manner and subject to such notice, and be supported by such examination or evidence of the title to the land as may be prescribed.
12%. | 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 |
12%.
(1) A certificate of qualified title may be issued in the name of any person, if, on the prescribed examina- tion of title, he appears to the Judge to be entitled, at law or in equity, as owner to such estate in the land as in this sec- tion mentioned, whether subject or not to incumbrances, and whethe; for his own benefit or not. | 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 the issuing of a certificate of qualified title, the registered proprietor of the land shall have the same estate in the land as a registered proprietor with an indefeasible title under the preceding provisions of this Act, except that the title shall be subject to any qualifications endorsed on the certificate of title as respects the reservation or excep- tion of any right arising before a specified date, or arising under a specified instrument, or otherwise particularly described 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 |
126.
(1) A certificate of possessory title may be issued in the name of any person, if, on the prescribed evi- dence, it appears to the Judge that he is prim6 facie entitled to the land as owner, and that he, or some person for whom he holds the land in trust, is, or would but for some incum- brance be, in possession 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 |
(2) The issue of a certificate of possessory title shall not prejudice the enforcement of any right adverse to, or in derogation of, the title of the person in whose name it is issued, and subsisting or capable of arising at the date of the certificate, but, save as aforesaid, the registered proprietor shall have the same estate in the land as a registered propri- etor with an indefeasible title under the preceding provi- sions 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 |
(3) ( a ) In any case where an application for a certifi- cate of possessory title has been made, the Judge may, if he thinks fit, require the Magistrate to the district in which the land is situated to enquire as to the posses- sion of the applicant and any other matter calling for local enquiry.
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 ( b ) The Judge may direct whether such enquiry shall be with or without any and whatjury, and generally in what way it shall be held, and as to the procedure thereat.
(c) If the enquiry is with a jury, the Provost Marshal shall, on receipt of notice by the Magistrate, summon the necessary number ofjurymen at the place and time appointed by the Magistrate for holding the enquiry. | 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 |
(d) When the land is partly in one district and partly in another district or districts, the Judge may direct an enquiry to be held in all or any of them as to the whole or any part of the land.
(4) Subject to the foregoing provisions, the Magistrate shall, for the purposes of procuring the attendance of wit- nesses, and for other matters and things connected with such enquiry, have the like powers as are given him under the Magistrate's Code of Procedure Act in matters within his 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 |
255. summary jurisdiction (criminal).
127. | 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 term "certificate of title" in the other Parts tphP,'C'p"z::*is of this Act shall include certificates of possessory title and cer- Act to certificates tificates of qualified title; and all the enactments contained in the other Parts of this Act with reference to certificates of title and any proceeding with reference to the same (save and except so much of section 4 which enacts that, immedi- ately after the issue of a certificate of title, all deeds upon which the land to which the certificate of title relates has been theretofore held, or by which any mortgages or incum- brances upon the said land were shown to exist, shall cease to have any force or effect, and any provisions of any other Parts of this Act wliich are inconsistent with the provisions of this Part) shall, with such modifications as may be neces- sary, apply to certificates of possessory title and certificates of qualified title and all proceedings under this Part: Provided that no person in whose name a certificate of qualified title or a certificate of possessory title is issued, or who derives title from any such person, or from any noting on any such certificate, shall have, or shall by any dealing with the same, confer any greater right than by such certificate is given to the person in whose name the certificate is 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 |
LAWS OF ANTIGUA AND BARBUDA CAP.
429) Title by Regzstration Application of forms to certificates of possessory and qualified title.
Second Schedule.
128.
The forms contained in the Second Schedule, with such alterations (if any) as may be prescribed or neces- sary, may be used in relation to certificates of qualified or posse:sory title: Certificate may be cancelled.
Power to apply for examination of possessory or qualified title.
Application for confirmation of possessory or qualified 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, at the head of every such form, there shall be printed the words "Qualified Title" or "Possessory Title" as the case may be.
129. | 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, at the hearing of any action or other- wise, it is shown to the satisfaction of a Judge that any per- son holding a certificate of qualified or possessory title is not entitled to hold such certificate, the Judge may direct the certificate to be cancelled and order the person holding the duplicate thereof to deliver up the same to the Registrar; and on any application to cancel any such certifi- cate, the Judge may order any issue or issues to be tried in such manner and at such time as he may think fit. | 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 |
CONFIRMATION OF POSSESSORY TITLES AND QUALIFIED TITLES 130.
The Registrar may, on the application of a per- son in whose name as owner a certificate of qualified title or a certificate of possessory title has been issued, submit his title to a Judge, who thereupon may, according to the nature of the evidence adduced, direct the issue of a certifi- cate of title under Part 11, or a certificate of qualified title as on first registration.
131. | 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 |
131.
(1) Any person, in whose name as owner a cer- tificate of possessory title or of qualified title has been issued, may apply to the Registrar for the issuing of an inde- feasible title under Part 11, or of a certificate of qualified title, after the expiration of five years from the date of the first publication of the notice in section 132 mentioned, unless due cause is shown in the meantime why such certifi- cate should not 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 |
(2) The application for the issue of a certificate under this section shall be accompanied by an affidavit in such form, by such persons, and with such information as to title and other particulars, as may be prescribed, and shall include a statement to the effect that the deponent has made due LAWS OF ANTIGUA AND BARBUDA Title @ 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 51 enquiry into the title, is not aware of any question or dispute as to the title, except such (if any) as is specified in the affi- davit, and believes that, except as aforesaid, the issue of the certificate applied for will not prejudice any estate, right, or interest of any other person in, to, or over the land.
132.
(1) On the receipt of an application accompa- P':;;;ticeon nied by the requisite affidavit, and on the deposit by the application. | 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 |
applicant of such sum as may be directed by the Registrar for the purpose of covering the expenses of and consequen- tial on the application, the Registrar shall publish and serve notice of the application having been made. | 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) Publication of the notice shall be made by such advertisements, local notices and other means as may be prescribed, or as the Judge or Registrar may in any particu- lar case direct; and shall take place during the month of November next after the application, and during the month of November in each of the four years succeeding the first publication; and the date of the first publication shall be ascertained and conclusively determined by the Registrar in the prescribed manner. | 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) Service of the notice shall be made by serving in the prescribed manner a copy thereof on any person who, in the opinion of the Registrar, ought to receive notice and is capable; and the notice shall be served as soon as is rea- sonably practicable after the publication of the notice in the last of the said five years.
133. | 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 |
133.
(1) Any person desirous of showing cause E:lzf;pg against the issue of a certificate of title under sections 130 to confimation 135 may, at any time within the period of five years from the of title.
date of the first publication of notice of the application for the issue thereof, petition the Registrar, subject to the pre- scribed conditions as to security for costs and otherwise. | 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 the petition, the Registrar shall place the same before the Judge, and shall make such enquiries as to the matters in the petition alleged as the Judge shall direct, and the Judge, or the Registrar by his direction, may summon such witnesses and take such steps as are necessary to satis@ the Judge as to the sufficiency of any cause shown in the petition against the application. | 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 (3) A petition under this section may be presented by any person alleging that he has cause to believe that the issuing of a certificate of title under sections 130 to 135 would prejudice the right of some person absent from Antigda and Barbuda, or of some unborn person, or of some person as to whom it is not known whether he is alive or dead, or of someone claiming under or in succession to such a person. | 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) Where it appears to the Judge that the right of any person absent from Antigua and Barbuda may possibly be prejudiced by the issue of a certificate of title under sections 130 to 135, he shall take such means for protecting his inter- est as may be prescribed, or as appear to him in any particu- lar case to be proper.
Confirmation o f title at expiration o f time.
134. | 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 |
134.
(1) Within the prescribedltime after the expi- ration of the period of five years from the date of the first publication o i the notice of application for the issue of a certificate of title under sections 130 to 135, the applicant may finally apply to the Registrar to issue the certificate of title applied 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 |
(2) The final application shall be accompanied by an affidavit in such form, by such persons, and with such partic- ulars, as may be prescribed, and shall include, with respect to its date, the like statements as are required in the affidavit accompanying a first application. | 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) On receipt of the final application accompanied by the requisite affidavit, if cause has not been shown against the issue, or if the cause shown against the issue is not, in the opinion of the Judge, sufficient, the Registrar shall, unless he is satisfied that the certificate ought not to be issued, issue a certificate of title under Part 11, or a certifi- cate of qualified title as the case may be. | 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) From and after the date of the issue of a certificate of title under section 130 to 135, the title of a registered pro- prietor shall be the same as if such certificate kid been issued on the day when the Registrar received the first appli- cation for the issue thereof.
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 53 (5) If, by reason of the issue of a certificate of title under sections 130 to 135, any person is deprived of any estate or right in, to, or over the land, or any money charged on the land, the person in whose name the certifi- cate of title is issued, his executors and administrators, shall be liable to pay that person, his executors, administrators, or assigns, compensation for 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 |
(6) If on the receipt of the final application for the issue of a certificate of title under sections 130 to 135, the Registrar is satisfied that the certificate should only be issued subject to certain exceptions or reservations, or as respects part only of the land, the Registrar shall issue the certificate of title either subject to those exceptions or reser- vations, as on first registration of a qualified title, or as respects that part only 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 |
(7) In the event of any change of ownership of the land during the period between the date of an application for the issue of a certificate of title under sections 130 to 135 and the issue of such certificate, the application shall not be deemed to have determined, but the person to whom a cer- tificate has been issued as successor in title of the applicant may, if he thinks fit, proceed with the application as if he were the original 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 |
(8) All mortgages and incumbrances endorsed on the original certificate of title shall be endorsed on the certifi- cate of title issued under sections 130 to 135, and, subject to any entry to the contrary on such certificate, the issue of such certificate shall enure for the benefit of any such mortgagee or incumbrancee.
135.
(1) Where a certificate of possessory title or Confirmation of title to qualified title has been issued, and any incumbrance or inC,branc,,. | 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 is endorsed thereon, the incumbrancee or mort- gagee may, if he thinks fit, after notice to the person in whose name such certificate has been issued, apply to the Registrar to have a certificate issued under sections 130 to 135, and thereupon all the provisions of the said sections shall apply, as in the case of an application by a person in whose name the original certificate was issued.
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) Title by Regxstration (2) The costs of any proceeding under this section with respect to an incumbrance shall be added to the incumbrance.
Registrar of High c o w t to be Registrar Titles.
Powers and Duties of Regastrars of Titles, and mode of Reviewing their Decisions 136, (1) The Registrar of the High Court shall be, ex officio, 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 |
(2) All notings by any Registrar of Titles may be done either by his own hand, or by the hand of one of his clerks, or by means of a rubber stamp if such notings be.duly signed and authenticated by such Registrar.
137. | 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 |
137.
Whenever any question shall arise with regard Registrar may state a case for decision of court to the performance of any of the duties, or the exercise of inquestions any of the functions, by this Act conferred or imposed upon arising under a Registrar of Titles, or if, in the exercise of any of the duties this A C ~ . | 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 |
or powers hereby conferred upon him, any question of diffi- culty or importance shall arise, it shall be competent for him to state a case to the Court, and the Court, after hearing the Registrar of Titles and the parties interested, if after due notice or citation they appear, or in their absence, if after such notice or citation they fail to appear, shall give such order and directions thereupon as shall appear just.
138. | 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 |
138.
The Registrar of Titles may at all times take the Registrar to obtain direction of Cowt upon questions of advice, opinion, or direction of the Court upon questions of difficulfy-Powers difficulty, even where there are no contending parties, and of 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 |
may request that such advice, opinion, or direction be given in writing to be preserved along with the papers connected with the issue of a certificate of a title, or noting of mort- gages or incumbrances; and where no special procedure has been provided by this Act for any case with regard to placing on the register, or removing therefrom, the title of any per- son to any land, or any mortgage or incumbrance, or any fact in regard thereto which ought to be registered, or the registration of which ought to be altered, the Court shall give directions in regard thereto, according to the intent and meaning of this Act, and with the view of carrying out the objects for which it was framed in the true spirit 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 |
LAWS OF ANTIGUA AND BARBUDA Title by Registration (W. 429 55 by act o Repstrar 139.
If any person shall be dissatisfied with any act, Yarn ag,piev:d omission, refusal, decision, direction, order, noting, or ,ayb"n other completed proceeding of a Registrar of Titles affect- ytion$erore t e 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 |
ing the right of such person to any land, or any mortgage or incumbrance thereon, or any caveat in relation thereto, such person may apply to the Registrar of Titles to set forth in writing the grounds upon which he proceeded, and, thereupon, such person may bring any question in relation thereto before the Court by summons served on the Registrar of Titles, and the Court shall hear and determine the question at issue, and give such order and directions thereupon as may appear just.
140. | 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 it shall appear to a Registrar of Titles k::;","~ that any certificate of title has been issued in error, or con- may tains any misdescription of land or boundaries, or that any returnof certificate of title noting of any mortgage or incumbrance or otherwise has to~egstrar, &c. been made in error, either wholly or as to any part thereof, or that the certificate of title, or noting thereon, has been obtained by fraud, or that any certificate of title has been fraudulently obtained or is fraudulently retained, he may require the duplicate certificate of title issued from the reg- istry to be returned for correction, or to be delivered to the true owner thereof, and, if the person so required shall fail to return 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 |
or to deliver the same to the true owner, the Registrar of Titles may apply to the Court for a summons to bring the person before the Court for examination; and the Court may thereupon examine the person, and may direct the certificate of title to be given up to the Registrar of Titles or to the true owner thereof, or may p a n t a warrant for searching for and recovering the same, or, if the said person shall refuse to be examined or shall refuse to deliver up the certificate of title, or deliver it up to the true owner, &her then or at any time ordered by the Court, may commit the said person to prison for any term not exceeding six months. | 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 |
141.
At the request of a Registrar of Titles upon peti- court may order cancellation or tion or case stated, or in any proceeding respecting any amendmentof land, or in respect of any contract or transaction relating cedificateof ti*@.
instrument, caveat, or dealing thereto, or in respect of with land, the Court may by decree or order direct the Registrar of Titles to cancel, correct, substitute, or issue any 56 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 LAWS OF ANTIGUA AND BARBUDA certificate of title, or make any noting or entry thereon, and to do such acts as may be necessary to carry into effect any judgment of the Court.
242. | 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 Registrar of Titles may require any person, for the purposes of this Act, to produce the duplicate certifi- cate of title issued to the registered proprietor, and may make enquiry into any matter affecting titles to land and the accuracy of the register, and may summon any person before him for the purpose of giving evidence and explana- tion in regard to any such matter, and any person refusing to appear in answer to such summons may be proceeded against in the same manner as a person refusing to give evi- dence 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 |
The summons may be in Form 26 in the Second Schedule.
143.
Every Registrar of Titles may administer oaths, or take declarations or affirmations in lieu of oaths, and may correct errors in the certificates of title registered or issued, and supply entries omitted.
Registrar may require produc- tion of certificate of title, and attendance of witnesses.
Second Schedule Form 26.
Registrars may administer oaths and correct errors.
144. | 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 |
144.
On proof of loss If the duplicate certificate of title issued to any of certificate registered proprietor shall be lost, the Registrar of Titles oftide,new certificatemay may make such enquiries as he deems necessary in regard 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 |
thereto, and if he shall come to the conclusion that it is irrecoverably lost by misadventure, or if the Court shall so determine, then, without public notice, or after such public intimation as may be considered reasonable and safe, the Registrar of Titles may cancel, for the reason to be stated thereon, the registered certificate of title and issue a new certificate, in the manner hereinbefore provided, to the person entitled thereto.
145. | 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 Registrar of Titles, whenever he deems it Regjstrar may require plan to expedient for the better administration of this Act, and beaaachedto certificate of tide- when such a step is practically possible in the circumstances of the locality without imposing upon the parties to any dealing with land a cost out of proportion to the value of the subject, or the nature of the dealing, may require the person proposing to deal with land to deposit a plan, map, or diagram of the land to be dealt with, or to have the land sketched or delineated upon the certificate of title before the completion or issue of the same-the said plan, map, or LAWS OF ANTIGUA AND BARBUDA Title 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 57 diagram to be the work of a licensed surveyor, and, where there is no licensed surveyor, no map, plan, or diagram is to be insisted on or required.
Powers of Attorney, Attestation of Instruments, Dealings Abroad and Married Women 146.
A power of attorney intended to authorize deal- :;=;p0werof ings with land, if executed within Antigua and Barbuda, may be in Form 27 in the Second 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 |
If executed without E;fphed*e the limits of Antigua and Barbuda, it may be either in the said form or in any form in use in the colony, country, kingdom, or place where the same appears to have been executed.
147.
All instruments relating to land executed within Attestation of instruments Antigua and Barbuda, shall be attested by one witness, but it executedwithm shall not be necessary to prove the execution of the instru- e:bc;ayd ment by any declaration or certificate of such witness. | 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 |
Wherever the Registrar of Titles shall have occasion to doubt the authenticity of any signature to any instrument, he shall make enquiry, and admit or refuse such instrument as he may deem proper, subject to the direction of the Court if his decision shall be challenged by the parties interested or any of them.
148. | 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 |
148.
All instruments relating to land, executed without Attestation and proof of Antigua and Barbuda, shall be proved by the declaration or certificate of the attesting witness before one of the official executedout persons named in the Third Schedule before whom instru- Barbur and ments may be proved out of Antigua and Barbuda, or they Thirdschedule.
may be attested, without being proved, by such official per- son subscribing as a witness to the signature.
of Ant1 149. | 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 |
of Ant1 149.
When a registered proprietor desires to deal z:G$Of with land situated in Antigua and Barbuda when he is out of registration. | 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 limits thereof, he may apply to the Registrar of Titles to close the registration as regards the land contained in his certificate of title until such time as may be agreed upon, or the return of the certificate of closing of registration here- inafter provided for, and the Registrar of Titles shall there- upon note on the certificate of title in the register that the registration in regard to that certificate is closed within 58 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 LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda until such note be cancelled, and he shall likewise append to the duplicate certificate of title in the hands of the registered proprietor a certificate of closing Second Schedule of registration in Form 28 in the Second Schedule.
Form 28.
Noting dealings in land made out o f ~ t i g n a a n d Barbuda.
150. | 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 the registered proprietor deals without the limits of Antigua and Barbuda with the land contained in the said certificate of title, he, or the person in whose favour any memorandum of transfer, mortgage or incum- brance has been made, may produce such certificate of title, with the certificate of closing of registration annexed there- to, to any of the persons before whom such instruments may be attested, and, upon such person noting upon the certifi- cate of title a short note of the transaction after the form of the entries already shown upon the said certificate of title, the Registrar of Titles shall, upon receipt of the same and the instrument dealing with the land, cancel the note of closing of registration, and shall register the dealing as of the date of the noting upon the certificate of title, and shall, if the dealing be a transfer, post to the address of the trans- feree the new certificate of title to be issued in consequence thereof, or, if the instrument be a mortgage or incumbrance, shall post to the mortgagee or incumbrancee a certificate that the mortgage or incumbrance has been duly 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 |
151.
Where any married woman executes, or signs Acknowledgement of married woman executing instru- any instrument under this Act as concurring therein, it shall merit out of be necessary, if the instrument be executed out of the limits Antigna and of Antigua and Barbuda, that she appear before a Judge or 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 |
other officer qualified to take the acknowledgments of mar- ried women in the country, kingdom, or place where she may be, or before any of the official persons appointed for the purpose of proving or attesting instruments under this Act, who shall examine her apart from her husband and take her acknowledgement that she signed the said instrument of her own free will, and that she did not act under any fear of, or compulsion from, her husband, and the person taking the acknowledgement shall sign a certificate 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 |
152.
Where any instrument under this Act, or any Execution of instrument by marriedwomanin deed or document relating to land shall be executed by a married woman within Antigua and Barbuda, or signed by Antiguaand Barbuda.
her as consenting thereto, it shall not be necessary for the Registrar to require any certificate of acknowledgement of 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 59 the nature above set forth, but, if he has any doubt of the genuineness of the signature, or has reason to believe that the instrument was not executed or signed freely and volun- tarily, he may make such enquiries into the same as he may deem fit and accept or reject the document presented or offered for presentation.
153.
The provisions of this Part shall apply only in re g ti on of the case of land brought under the operation of this Act.
Forms, Solicitors, and Scales ofFees 154. | 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 |
Forms, Solicitors, and Scales ofFees 154.
The various forms of instruments and other F e e r ~ z p & e ~ - forms set forth in the Second Schedule shall be printed or foms0f lithographed, or otherwise prepared to be publicly sold, ghEz,"@;n'Y and any person, if he so chooses, may himself fill up the &argefeesfor form of instrument he desires to present to the Registrar of z,"&$richedule. | 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, but if he shall employ any person to do so other than a solicitor of the Supreme Court, then such person shall not be entitled to charge any fees therefor, and may be com- pelled to return them by summary order of the Court on the complaint of any one having interest.
155.
(1) Where a solicitor is employed to do profes- :,"g;F paid to sional work under this Act, he shall be permitted to charge an ad ualorem fee according to the scale set forth in the Fifth Fifth Schedule.
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 |
Schedule.
(2) The fee referred to in subsection (1) shall not include payment for professional work rendered in respect of contentious litigation arising between parties, or the cus- tomary commissions payable for carrying through negotia- tions for purchase, sale or loan. | 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) Subject to the provisions of subsection (2), the fee referred to in subsection (1) shall cover not merely the fill- ing up of any form or instrument required to be presented to the Registrar of Titles, or any other form under this Act, but also all meetings, correspondence and all other charges whatsoever which the solicitor might otherwise have legally made, or which might have been charged before the passing GO 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 LAWS OF ANTIGUA AND BARBUDA of this Act, in relation to professional work, or any similar professional work, required to be performed.
(4) If the solicitor and his client are unable to agree upon the value of the land or incumbrance for the purposes of this section, the question shall be referred to the Registrar of Titles who shall fix the said value and for so doing he may require such evidence by affidavit or otherwise as he may think fit. | 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 ) Where the value of the land or incumbrance fixed by the Registrar of Titles under subsection (4) exceeds four thousand eight hundred dollars either party, if dissatisfied therewith, may bring the question before the Court in the manner provided by section 139.
(6) For the purposes of this section the property value of incumbrances shall be taken as ten years of the annual sum chargeable on the estate value or whole value of instal- ments secured. | 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 |