Agricultural Holdings (Option to Purchase) Act

1 L.R.O. 1985 Agricultural Holdings (Option to Purclzase) CAP. 221 CHAPTER 221 AGRICULTURAL HOLDINGS (OPTION TO PURCHASE) ARRANGEMENTOFSECTIONS SECTION 1. Short title. 2. Interpretation. 3. Purchase of agricultural holdings. 4. Exercise of option to purchase. 5. Determination of compensation. 6. Special powers of the Court. 7. Payment of purchase money into court. 8. Access to the Court generally. 9. Form of conveyances. 10. Regulations. 11. Offences. 12. Application of Tenantries Freehold Purchase Act, Cap. 239R. 13. Amendment of First Schedule. FLRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE THE LAWS OF BARBADOS Printed by the Government Printing Department. Bay Street, St. Mlchrcl. by the wthority of the Government of Barbados 3 L.R.O. 1995 Agricultural Holdings (Option CAP. 221 to Purchase) ss.l-3 CHAPTER 221 AGRICULTURAL HOLDINGS (OPTION TO PURCHASE) An Act to make provision respecting the purchase by tenants of 1982-20. agricultural holdings for the purpose offacilitating agricultural 19a5J131. development in Barbados. [9th April, 19821 commence ment. 1. This Act may be cited as the Agricultural Holdings (Option to short title. Purchase) Act. 2. In this Act Interp~tR tial. “agricultural holding” has the meaning assigned to it by section 2(l) of the Security of Tenure of Small Holdings Act; Cap. 237. “tenaht” means a person who holds, or who 6 months prior to 9th April, 1982, held, a contract of tenancy within the meaning of section 2( 1) of the Security of Tenure of Small Holdings Act. Cap. 237. 3. (1) Notwithstanding any other law or any term or condition of Purchased any lease, contract or licence relating to a tenancy, it is a term or $&Tayd condition of every tenancy of an agricultural holding of a plantation ’ specified in the First Schedule that a tenant, as of right and at his option First may, if he is a qualified tenant, purchase the freehold of that agricul- schedule* tural holding at a price to be agreed upon between the landlord and the tenant. (2) Subject to this Act, a qualified tenant of an agricultural holding is a tenant who, at 9th April, 1982, (a) has been cultivating the agricultural holding for 5 consecutive years; or (b) has been cultivating the agricultural holding for 5 out of the last 7 years, immediately preceding that day. THE LAWS OF BARBADOS Printed by ths Govemmcnt Printer. Bay Stet, St. Michael, by #x nudmity of Q Govcmncd of Bubdas CAP. 221 Agricultural Holdings (Option L.R.O. 1995 4 ss.4-6 to Purchase) Cap. 249. Exercise of option to purchase freehold. Second Schedule. Determina tion of canpensa tion. Cap. 228. Special powers of the Court. (3) For the purpose of this section, a qualified tenant includes his spouse or child as defined by section 2 of the Succession Act, living within the household of that tenant. 4. (1) A qualified tenant may exercise his option to purchase the freehold of the agricultural holding in respect of which he holds a contract of tenancy by giving notice to the landlord or his agent in the form set out in the Second Schedule. (2) When a qualified tenant gives his landlord notice under sub section (l), it becomes the duty of the landlord to sell the freehold of the agricultural holding at the agreed price. (3) Notwithstanding anything contained in any enactment, after 9th April, 1982, a magistrate may only make an order for recovery of possession of an agricultural holding if he is satisfied that the proceed ings for recovery of possession are not for the purpose of evading the requirements of this Act. 5. In the absence of an agreement between the landlord and tenant as to the purchase price, compensation payable in respect of the freehold to be acquired for the purposes of this Act shall be determined by a Judge of the High Court in accordance with the provisions of the Land Acquisition Act. 6. (1) Where a qualified tenant is unable to purchase the freehold of his agricultural holding because (a) the landlord does not reside or have an agent, in Barbados; (b) the landlord refuses to sell the agricultural holding in accord ance with section 4(2); or (cl the landlord cannot be found or his identity cannot be ascer tained, the tenant may apply to the High Court, and the Court shall do all such things as are necessary in order to give the tenant a good title in accordance with this Act. 5 L.R.O. 1995 Agricultural Holdings (Option CAP.221 : to Purchase) ss.7- 12 (2) In the exercise of its powers under subsection (l), the Judge shall determine the purchase price to be paid in accordance with the rules set out in section 11 of the Land Acquisition Act. 7. (1) Where the sale of an agricultural holding is effected in accordance with section 6(l), the tenant shall pay the purchase price into court. (2) Where money is paid into court in accordance with subsection (l), that money shall be held by the Court until the person claiming it or any part thereof, proves his right to receive that money to the satisfaction of a Judge of the High Court. 8. Notwithstanding that the landlord and a tenant may have agreed on a price for the purpose of the sale of an agricultural holding, the landlord or the tenant may appeal to the High Court for a variation of that agreement or in respect of any other matter arising out of that agreement. 9. The conveyance of a freehold for the purposes of this Act must be in the form set out’ in the Third Schedule or as near thereto as cir cumstances admit. 10. Notwithstanding any other law, the Cabinet may, by regula tions, fix the fees for all matters relating to the conveyance of freeholds under this Act. 11. A person who (a) contravenes this Act; (b) assaults, obstructs or interferes with any person acting or purporting to act under this Act, is guilty of an offence and liable on summary conviction to a fine of $1000 or imprisonment for 6 months, or to both. 12. Sections 14, 15, 16, 18 and 23 of the Tenantries Freehold Purchase Act, apply mutatis mutandis to this Act. Cap. 228. Payment of purchase money into COUlt. Access to the court generally. Form of conveyances. Third Schedule. Regulations. Offences. Application of Tenmtries Freehold Purchase Act, Cap. 239B. s.13 CAP. 221 Agricultural Holdings (Option to Purchase) L.R.O. 1995 6 Amendment 13. (1) The Minister responsible for Agriculture, may by order of First Schedule. amend the First Schedule. (2) An order under subsection (1) is subject to negative resolution. 19w131. 1. CHRIST CHURCH Adams Castle Balls Bannantyne Coverley Fairy Valley Hannays Lowthers Ridge Searles Spencers Staple Grove Wotton Yorkshire 2. ST. ANDREW Bawdens Bruce Vale Greenland Nw~ Rock Hall Sedgepoud Turner’s I-m FIRST SCHEDULE (Section 3(l)) PLANTATIONS 3. ST. GEORGE Ashbury Boarded Hall Brighton Bulkeley Butt& Constant Cottage Drax Hall Fairview FarItl Golden Ridge Groves Hanson Jordans Locust Hall Mount Stepney Valley Walkers Windsor 6A L.R.O. 1995 Agricultural Holdings (Option to Purchase) CAP. 221 4. ST. JAMES Apes Hill Lancaster Taitts Waterhall Westmoreland 5. ST. JOHN Ashford Bath Bowmanston CWbury Cliff Clifton Hall Codrington Colleton Eastmonte Edge Cliff Guinea Haynes Hill Henley Hothersal Kendal Lemon-Arbor Malvern Pool Society Todd.5 Wakefield 6. ST. JOSEPH Andrews Blackmans Castle Grant Easy Hall Foster Hall Frizers Indian Pond Joes River Redland Springfield 7. ST. LUCY Alleynedale Bourbon Bromefield Friendly Hall Hannays Hanisons Hope Mount Gay Pickerings Trents 8. ST.MICHAEL Belle LKUS Lower Estate Neils THE LAWS OF BARBADOS Fvinkdbytk Govrmmcnc Primer. Bay Street. St. Michael, bylbcalhailydlk~nmsdotBu~ CAP. 221 Agricultural Holdings (Option to Purchase) L.R.O. 1995 6B 9. ST.PETER Bakers Battalleys Black Bess Castle Colleton Ebworth Four Hill Lamberts Mangrove Mt. Brevitor Mt. Prospect Orange I-MI Oxford Pleasant Hall Portland Rock Hall Six Men’s St. Nicholas Warleigh Welchtown White Hall 10. ST.PHlLIP Bentley Bushy Park Byde Mill Carrington Chapel Congo Road Dodds 10. ST. PHILIP - Cont’d Edgecumbe Foursquare Fortescue Frenches Grove Halton Hampton Harrow Hillview Mount Pleasant Oldbury Oughterson Palmers Pollard River Sunbury Thickets Three Houses Vineyard Woodboume 11. ST. THOMAS Applewhaites Ayhsford Bennetts Canefield Cane Garden Clifton Content Dukes 6c L.R.O. 1995 Agricultural Holdings (Option to Purchase) CAP. 221 11. ST. THOMAS - Cont’d Dunscombe Endeavour Exchange Farmers Fisherpond Highland Hopewell Lamberts Lion Castle Mount Wilton Strong Hope Sturges Vaucluse Walkes Spring 7 L.R.O. 1985 Agricultural Holdings (Option to I)urchae) CAP. 221 2nd Sch. SECOND SCHEDULE s.4( 1). Agricultural Holdings (Option to Purchase) Act Cap. 221 TENANTS NOTICE TO LANDLORD OF INTENTION TO PURCHASE THE FREEHOLD OF THE AGRICULTURAL HOLDING IN RESPECT OF WHICH HE HOLDS A CONTRACT OF TENANCY To: (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAKE NOTICE THAT: I, the undersigned being a tenant of an agricul tural holding comprised in (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the parish of (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bereby give notice of my intention to purchase the freehold of that holding in accor dance with our agreement and the above-mentioned law. Given under my hand the day of 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TENANT Explanatory notes: (i) Insert name of person who owns the tenantry (ii) Give name of Plantation Tenantry within which the agricultural holding is comprised (iii) Name the parish in which the tenantry is situated. THE LAWS OF BARBADOS Rlntrd by the Government Prlntlq Department. Bay Srreet, St. Michael. by the wthorlty of the Government of Barbados 3rd Sch. CAP. 221 Agricultural Holdings (Option L.R.O. 1985 8 to Purchase) s.9. THIRD SCHEDULE FORM OF CONVEYANCE BARBADOS THIS CONVEYANCE is made the day of 19 . . . . . . . . . BETWEEN [Name of Vendor] of [address] (hereinafter referred to as the Vendor) of the one part and [Name of Purchaser] of [address] (hereinafter referred to as the Purchaser) of the other part WHEREAS (i) The Vendor is seized of the property in the SCHEDULE hereto for an estate in fee simple free from encumbrances. (ii) The Purchaser is a qualified tenant under the Agricultural Holdings (Option to Purchase) Act Cap. 221. (iii) The Vendor has agreed with the Purchaser for the sale to him at the price of $ of the said property described in the SCHEDULE hereto in fee simple subject as hereinafter expressed but otherwise free from encumbrances. NOW THIS CONVEYANCE WITNESSETH as follows: In pursuance of the said agreement and in consideration of the sum of $ now paid by the Purchaser to the Vendor (the receipt whereof the Vendor hereby acknowledges) the Vendor as BENEFICIAL OWNER hereby conveys unto the Purchaser ALL THAT parcel of land described in the SCHEDULE hereto TOGETHER with all the rights appertaining or annexed to the property hereby conveyed as provided for by section 66 of the Property Act, Cap. 221 TO HOLD the same unto the Purchaser in fee simple. SCHEDULE [Description of Property]