Some Proof of Title
Death - Orginal Death Certificate,
or Court Order of Death
(e.g Death of Joint Tenant,
Death of Life Tenant)
Entities
Person may convey
land to or vest
land in himself
(e.g. a PR who assents)
Corporations - to be
deterimined by looking at
articles if incorporated by
Companies Act; relevant
statute if statutory company
The Crown or State
All crown land is usually
vested in the commissioner
of lands who land is conveyed
to and from;
Study the deeds and documents
provided by V in detail
Marrage - Original
marriage certificate
Search Registrar General to
verify the title and other
offices to verify other documents
Change of Name - Deed Poll,
Alias - Statutory Declaration
Recitals in 20 year old deed
A recital in a Deed 20 years old should
be taken as conclusive
evidence of the facts stated.
(e.g Recital as to death
Recital as to payment of estate
and succession duty
Companies - articles of incorporation)
Process of Completion
The Contract (in writing:
Purchaser to make
certain inquiries and searches
before signing the contract)
Crown Property (Vesting) Act
Delivery of Abstract
Vendor to deliver to
the Purchaser the abstract of title.
Starts with a good root of title
and traces the devolution to the vendor
Mentally ill persons
- Committee of Mentally Ill Persons
Section 4 (g) Conveyancing Act
[V not required to give P
abstract of title but must
furnish P's attorney at law
on information on title
on sending draft
conveyance]
Settled Land Act
Recording
P records the conveyance
at his expense within
90 days
Acceptance of the title
Preparation of a deed of
conveyance
of the land for
execution
Section 4 (c) Conveyancing Act
s2 Record of Deeds, Wills and Letters Patent Act
[record of deed within 3 months of sale]
s. 4(a) of the Conveyancing Act.
[Vendor's attorney prepares
in Jamaica and Purchaser
stamps, approves and
executes form of conveyance]
In a sale for land Prima facie
presumption exists that
V is selling and is entitled to sell
the land in fee simple absolute
Therefore, the vendor
must prove a good title
and markettable title to
the property sold
On satisifiable answers to
requisitions and in the
absence of defects
and encumbrances
outside that provided
for in the title - accept
the title
Deeds - Abstracts from originals
lodged in the Island Records Office
see Vendors and Purchasers Act
Vendor must SHOW
a good title - state
all matters essential to
the title
Vendor must MAKE
a good title - to prove
by proper evidence the
matter stated in the contract
Valid Period
Vendor must prove title
for a specified minimum
period
preceeding sale STATUTORY PERIOD
Some proof of title
Re Atkinson and Horsells Contract (1912) 1 Ch 1
In Jamaica - 40 Years
Vendors and Purchaser Act
Re Spollon and Long Contract (1936) CH 713 @ 718
V must deduce a title
for the full statutory
period before sale
Stamp the deed of
conveyance with appropriate
duty. (P pays
1/2 of stamp duty
and cost of preparing
conveyance deed)
Statutory Period is the
minimum period for
deducing of title
but title must be deduced
as far back beyond
statutory period
in order to prove
good root of title
Chain of Title
V must show chain links in the
title from root to himself
Links are every document
or event effecting a
disposition or devolution
of any legal or equitable
estate or interest
in the property sold during the
period of root
Payment of purchase price
and other consideration
V must also deliver
all title deeds
which relate solely to
property
Delivery of possession
by V
Make requisitions to V re: gaps
in the title
Intestacy Grant of Letters of Administration
(followed by deed of assent)
Testacy - Grant of Probate
(followed by Deed of assent)
Introduction
Mental Health Act
Tenants for life
If not within 90 days
then deed stands
void against other
bona fide purchaser for
consideration
who shall prove and
record deed within the
time of their
respective deeds
Purchaser's due diligence
Introduction
Barnwell v Harris (1809) 1 Taunt 430 at 432
Bryant v Foot (1867) LR 2 QB 179-181
Process
Example
THIS CONVEYANCE is
made the 1st day of October, 2011
Chain of Title
Good Marketable Title
BETWEEN PETER PAN of No. 1
Fairy Lane, Sweet Dreams in
the parish of KINGSTON
(hereinafter called the Vendor)
of the ONE PART and
the SNOW WHITE of No 2
Dream Land, Kingston 10
in the parish of Saint Andrew
(hereinafter called the Purchaser
) of the OTHER PART
Valid period
V must show that he alone or
with the concurrence of some other
person can convey the legal
and equitable interest in the property to P
Re Cox & Neves Contract [1891] 2 Ch. 109 at 118
Requirements
Bell v Scott (1922) 30 C.L.R. 387
Common Law Title
V must show a title that will allow P to
recover and maintain possession
in the property
as against all others
The Vendor is the estate owner in
respect of the fee simple of
the property hereby assured for
his own use and benefit absolutely
free from incumbrances
Valid Period of Title
Good Root of Title
Chain of Title
Good Marketable Title
Where V has not shown with certainty
to have the authority to sell the property
he contracted to sell - DOUBTFUL TITLE
it cannot
be forced on P (can be
doubt as to law, fact or
construction on which
the title depends)
NOW THIS CONVEYANCE
WITNESSETH that in consideration
of the sum of One
Million Dollars ($1,000,000.00) now paid
by the purchaser to the vendor
(the receipt whereof the vendor hereby
acknowledges) the vendor as
Beneficial Owner HEREBY CONVEYS
Horton v Kurzke (1971)
1WLR 769, (1971) 2 All ER 577
Where V has no valid interest in the
property or not interest to sell - BAD
TITLE
Good Root of Title
Abstract of Title - summary
of documents and events
by which dispositions of the
property have been made
during the period for which
title has to be shown
Conveyances, Assents to Devise
A hitch in the smooth title of the
land which does not detract
from V's beneficial ownership
and which can be remedied
by general rule of law - TECHNICAL
DEFECT
Cumberland Court (Brighton) Ltd v Taylor 1964 Ch 29 at 37
e.g
Commencement and date
Recitals
Testatum
Consideration
Receipt Clause
Operative Words
Parcel
Habendum
_________________
Justice of the Peace for
the parish of
Attorney-at-law
Release of a Mortgage
Leases (not expired)
Grants of Probates or Administration
Williams on Vendor & Purchaser 4th Ed. Pg. 124
Elements of good root
Instrument of disposition
Proving ownership
of the whole legal
and equitable estate
on the face of it
description by which the
property can be identified
with nothing to
cast any doubt
Legal Mortgage (****)
Parties
Signed, Sealed and
)
Delivered by the Vendor )
PETER PAN (Seal)
In the presence of
)
Mortgages/Certificates of Compliance
(Note - the process
by which mortgage of common law title
created.)
Abstract must commence
with good root of title
instrument of disposition dealing with or
proving on the face of it without
the aid of extrinsic evidence the
ownership of the whole legal and equitable
estate in the property sold containing
a description by which the property
can be identified and showing
nothing to cast any doubt
on the title of the
disposing parties
Examples - in order of strength
Re Stirrups Contract (1961) 1 WLR 449
Precedent of a Conveyance
IN WITNESS WHEREOF the
parties to these presents have
hereunto set their hands
and seals the day
and year first above written
Re Bannister (1879) 12 Ch. D. 131
Abstract of Title
Re Scott and Alvarez Contract 1893 2 Ch 603 CA p 163
TO HOLD the same
unto the Purchaser in fee simple
Parties may agree that
period less than
statutory may be
adopted but P is bound
by the provisions
once agreed
Williams on Real Property 24th Edition.
The Vendor has agreed with the
purchaser to sell her the
property free from incumbrances
for the price of $1,000,000.00
ALL THAT piece of parcel of land known as
No 77 Fairy Land in the parish of Saint
Andrew which premises are more particularly
described in Survey Plan
No 12345 on the plan annexed hereto or
ALL THAT ALL THAT piece or parcel of
land situate in the Town of Falmouth in the parish
of Trelawny part of Lot numbered 6
in the plan of the said Town
containing by admeasurement along
the North Western boundary Seventy
three feet along the South Western
boundary Sixty one feet along
the North Eastern boundary fifty
five feet bounding North Westerly on
Falmouth Street North Easterly
on a land now called Upper Harbour
Street South Easterly
on the lands next hereinafter
described and South Westerly on
lands now of Ms. Olivia Emanuel
and of Elizabeth McGurie
Title cannot start in nubibus ,
must be a point in time
where Title can properly
commence - even if
V has to go beyond
minimum period
Testimonium
Attestation Clause
Example
-Deed of Conveyance
Joe Brown to Jane Doe dated 1940.
-Deed of Mortgage Jane
Doe to Money Bank Ltd (1965)
-Deed of Release Money Bank Ltd to Jane Doe (1970).
-Recital of Jane Does death
-Probate of Jane Does estate Will being
granted to Peter Thomas and Paul Thomas
-Assent by Peter Thomas and Paul
Thomas in favour of the Vendor
Conveyance on a sale (***)
Specific Devise in a will (**)
Specific Devise in will - P
entitled to particulars showing
devise, grant of probate
and deed of assent
Possessory Title - e.g. granted
via Statute of Limitations
is a good title. Vendor with
12 years possession
to also show state of title
at time possession started
Atkinson & Horsells Contract
Pre-root of title
- P can require
document or abstract
or copy of document
prior to root of title
in certain cases
Where abstracted document
is executed under Power of
Attorney
Where property is subject
to a document creating
or disposing an interest
still subsisting e.g.
Restrictive Covenant
Where property is
limited or subject to trust
