Conveyancing and Law of Property Act

(CHAPTER 61)

(Original Enactment: Ordinance 6 of 1886)

REVISED EDITION 1994

(15th March 1994)

An Act to simplify and improve the practice of conveyancing and for other purposes.

[1st August 1886]

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Conveyancing and Law of Property Act.

Interpretation

2. In this Act, unless the context otherwise requires —

“bankruptcy” includes liquidation by arrangement, and any other act or proceeding in law having under any law for the time being in force effects or results similar to those of bankruptcy; and “bankrupt” has a corresponding meaning;

“building lease” is a lease for building purposes or purposes connected therewith;

“building purposes” includes the erecting and the improving of, and the adding to and the repairing of buildings;

“conveyance” includes assignment, appointment, lease, settlement and other assurance made by deed on a sale, mortgage, demise or settlement of any property, and on any other dealing with or for any property; and “convey” has a corresponding meaning;

“court” means the High Court;

“fine” includes premium or foregift, and any payment, consideration or benefit in the nature of a fine, premium of foregift;

“incumbrance” includes a mortgage in fee or for a less estate, and a trust for securing money, and a lien and a charge of a portion, annuity or other capital or annual sum; and “incumbrancer” has a corresponding meaning, and includes every person entitled to the benefit of an incumbrance, or to require payment or discharge thereof;

“instrument” includes deed and will;

“land” includes land freehold and leasehold, or of whatever tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, and also an undivided share in land;

In relation to land; “income” includes rents and profits; and “possession” includes receipt of income;

“lease” includes an agreement for a lease where the lessee has become entitled to have his lease granted;

“mortgage” includes any charge on any property for securing money or money’s worth;

“mortgage money” means money or money’s worth secured by a mortgage;

“mortgagee” includes any person from time to time deriving title under the original mortgagee;

“mortgagee in possession” is a mortgagee who in right of the mortgage has entered into and is in possession of the mortgaged property;

“mortgagor” includes any person from time to time deriving title under the original mortgagor, or entitled to redeem a mortgage according to his estate, interest or right in the mortgaged property;

“person” includes a corporation;

“property” includes real and personal property and any estate in any property, real or personal, and any debt and any thing in action, and any other right or interest in the nature of property, whether in possession or not;

“purchaser” includes a lessee or mortgagee and an intending purchaser, lessee or mortgagee or other person who for valuable consideration takes or deals for any property; and “purchase” has a corresponding meaning; but “sale” means only a sale properly so called;

“rent” includes yearly or other rent, toll, duty, royalty or other reservation by the area, quantity, weight or otherwise;

“securities” includes stocks, funds and shares;

“under-lease” includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted;

“under-lessee” includes any person deriving title under or from an under-lessee;

“will” includes codicil;

“writing” includes print; and words referring to any instrument, copy, extract, abstract or other document include any such instrument, copy, extract, abstract or other document being in writing or in print or partly in writing and partly in print.

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