Judicial Sale of Land Act

1 L.R.O. 1985 Judicial Sale of hnd CAP. 227 CHAPTER 227 JUDICIAL SALE OF LAND ARRANGEMENT OF SECTIONS SECT ION 1. Short title. PART I Reliminaty 2. Interpretation. PARTII Appmisement 3. Qualification of appraisers. 4. Disqualifications. 5. AMU~ list of appraisers. 6. Drawing of appraisers. 7. Exemption owing to distance. 8. Registrar may receive offer for less than last advertised price. 9. Sale at four-fifths of last advertised price on application of lienholder. 10. Land unsold for 1 year may be set up at auction. 11. Mode of proceeding to a sale. 12. Deposit of 10 percent and balance in 21 days. 13. Penalty on failure to complete purchase. 14. Opening buildings not allowed except in case of fraud or improper 15. 16. PARTIII Sale conduct. Form of conveyance. Effect of conveyance. THE LAWS OF BARBADOS Rinted by the Covernmnt Prlntlq Department, Bay Street. St. Mlch~d, by the wthortty of the Government of Barbados CAP. 227 Judicial Sab of Land L.R.O. 1985 2 SECTION 17. Parties to conveyance. 18. Effect of Registrar’s signature to conveyance. 19. Registrar to demand and pass to purchaser. PARTIV Miscellaneous 20. Claims if unsecured rank as open account debts. 21. Answers made out of jurisdiction. SCHEDULE THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 3 L.R.O. 2002 Judicial Sale of Land CAP. 227 CHAPTER 227 JUDICIAL SALE OF LAND An Act to make certain provisions in relation to the sale of land ordered to be sold by the High Court and for other purposes connected therewith. [20th January, 1906] 1. This Act may be cited as the Judicial Sale of Land Act.1 PART I Preliminary 2. For the purposes of this Act, the expression "Registrar" means the Registrar of the Supreme Court. PART II Appraisement 3. Real estate agents registered under the Profession, Trade and Business Registration Act and all qualified valuers (including valuers attached to the Valuation Office) may act as appraisers of any property ordered to be sold by the High Court. 4. (1) Any person having an interest in the property to be sold may object to the name of any appraiser, when so drawn, on the ground that such appraiser is not disinterested or unbiased in the matter, and on the objection being raised, the Registrar shall, unless it be agreed between all the parties present to dispense with the attendance of such appraiser, decide on the validity of such objection; and from his decision an appeal may be made to a Judge in Chambers. 1 This chapter contains unrepealed sections of the Chancery Act, 1906-2. 1906-2. 1956-56. 1963-5. L.N. 168/ 1967. 1980-43. 1992-17. 2000-24. Commence ment. Short title. Interpreta tion. Qualifica tion of appraisers. Cap. 373. 1980-43. Disqualifi cations. ss.1-4 L.R.O. 2002 4Judicial Sale of LandCAP. 227 (2) No person who has a pecuniary interest in the property ordered to be sold (even if such person be in other respects disinterested and unbiased) or who is the manager thereof shall be qualified to appraise such property. 5. The Registrar shall, within the month of January in each year, draw up a list of the names of persons qualified to act as appraisers under sections 3 and 4 and publish the same in the Official Gazette as a public document. 6. (1) The names of the appraisers of any property ordered by the High Court to be sold shall be drawn by the Registrar from the names of those persons whose names are on the list of appraisers, settled under section 5, in the presence of the attorneys-at-law for the parties to the action or proceeding under which the property is ordered to be sold. (2) Where any attorney-at-law, on receiving 3 days' previous notice of the time when the appraisers are to be drawn, fails to attend, then the drawing may proceed in his absence. 7. Where any appraiser whose name is drawn resides outside a radius of 7 miles from the place where the appraisement is to be held, the attendance of such appraiser may, with the consent of the attorneys-at-law for the parties present as aforesaid, be dispensed with and the name of another appraiser drawn instead thereof. PART III Sale 8. (1) The Registrar shall be at liberty to receive any offer for the purchase of any land ordered to be sold for any sum less than the then advertised upset price thereof, provided such land has remained unsold for 3 months at such upset price. (2) On receiving any such offer, the Registrar shall forthwith advertise the same in the Official Gazette and give notice to each of the persons whose debt or debts come within the purchase money, either as parties to the action in which the land is ordered to be sold or as incumbrancers against such land, who have claimed before the Annual list of appraisers. Drawing of appraisers. Exemption owing to distance. 1980-43. 1980-43. Registrar may receive offer for less than last advertised price. ss.5-8 1980-43. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 5 L.R.O. 2002 Judicial Sale of Land CAP. 227 Registrar; and in the event of there being any surplus of the last appraised value going to the owner then and in such case the Registrar shall also give notice to such owner. (3) Where at the expiration of 14 days from the giving of such notice no higher or greater offer has been made to the Registrar for such land, or no objection in writing has been made to the Registrar by any or either of the persons whose debt or debts come within the purchase money, or such owner as aforesaid, to the offer so notified being accepted, the Registrar shall declare the person making such offer to be the purchaser of the land at the sum offered by him, and on the same conditions as if such person had purchased the land at its appraised value; and the Registrar shall receive the deposit money thereof in the usual course and put such person into possession of the land as the purchaser thereof. (4) The Registrar shall thereupon report to the High Court, at its next sitting, the offer so made to him and what he has done in relation thereto. 9. Where any land ordered by the High Court to be sold has been set up for sale by the Registrar at an upset price for 6 months and remains unsold, the Registrar shall, on the application in writing of the holder of any lien against the said land coming within the last upset price or the holder of any registered certificate made by any receiver under the Agricultural Aids Act, or the Barbados National Bank (Transfer and Vesting of Assets) Act, re-advertise and set up for sale such land for the next 6 months (if no sale is in the meantime effected) at four-fifths of the last upset price and so on from time to time until such land is sold. 10. (1) When any land ordered to be sold by the High Court remains unsold for one year or more from the date of the order for sale, then the holder of any lien against the land coming within the last upset price thereof or any person entitled to any estate, right or interest in such land or the holder of any registered certificate made by any receiver under the Agricultural Aids Act or the Barbados National Bank (Transfer and Vesting of Assets) Act whose debt secured thereunder is then owing, or any receiver of the land to whom any money is owing in respect of the same, may apply to the Registrar in ss.9-10 Sale at four fifths of last advertised price on application of lien holder. Cap. 252. Cap. 322A. 1980-43. 2000-24. Cap. 252. Cap. 322A. 2000-24. Land unsold for one year may be set up at auction. 1980-43. L.R.O. 2002 6Judicial Sale of LandCAP. 227 writing requiring him to set up the land for sale at public auction to the highest bidder without reserve at the expiration of 3 months from the date of the first publication of the notice of the intended sale. (2) In order to ascertain what liens come within the last appraised value of such land, any sum appearing in the accounts of any receiver of the land to be owing to him or to holders of certificates made by him at the end of the then preceding year shall be taken into account as a lien against the said land. 11. (1) On receiving any such application, the Registrar shall forthwith advertise the intended sale of the land and the date on which the sale is to take place in the Official Gazette and one other news paper published in Barbados and shall also give notice of such intended sale to (a) each of the persons whose debt or debts come within the last upset price of the said land (regard being had to any amount due for costs of suit or to the receiver or under the Agricultural Aids Act or the Barbados National Bank (Transfer and Vesting of Assets) Act) and who have claimed the same before him including the holders of certificates of loans; and (b) any receiver to whom any money may be so owing; or (c) if such person or holder of certificate or receiver is not resident in Barbados, to the attorney of such person, holder of certificate or receiver, and, in default of attorney, to the attorney-at-law who may have filed any claim for the same; and (d) in the event of there being any surplus under the last upset price going to the owner, then to such owner. (2) Such notice may be sent through the General Post Office as a prepaid letter and shall be deemed to have been served at the time when such notice would be delivered in the ordinary course of the post, and in proving such service it shall be sufficient to prove that the notice was properly addressed and put into the Post Office in due time. (3) Notwithstanding the foregoing, the Registrar shall be at liberty to sell such land at any time during the 2 months for the last upset price on the terms on which it had been last set up for sale. Mode of proceeding to a sale. 1980-43. Cap. 252. Cap. 322A. 1980-43. 2000-24. 1980-43. s.11 7 L.R.O. 1985 Judicial Sale of hnd CAP. 227 ~~12-14 12. (1) The purchaser of any land sold by the Registrar y;g&; shall forthwith pay a deposit of 10 percent of the purchase and balance money and shall, within 21 days from the date of the sale, in21 days either pay to the Registrar the balance of the purchase money in cash or settle the same to the satisfaction of the Registrar and the person or persons who is entitled thereto. (2) The Registrar shall not give possession of the land so sold to the purchaser until the whole of the purchase money has been so paid in cash or otherwise settled and until the purchaser has paid to the receiver (if any) of such land any amount which may be due for carrying on the cultivation and management of such land from the date of sale to the date of possession. (3). The purchaser shall be entitled to all the rents, issues, proceeds and profits of such land accruing between’the date of sale and date of possession. 13. Where the purchaser of any such land does not pay the penalty on whole of the purchase money within 21 days of such sale, or ~~~~~ otherwise settle the same to the satisfaction of the Registrar PUI cl asc. and the persons entitled to the same, the Registrar shall again set up such land for sale in the manner hereinbefore directed and advertise such intended sale for not less than 3 weeks from the expiration of the 21 days, and the deposit of 10 percent so paid shah be forthwith forfeited and applied in payment in the usual manner of the debts and liens against the land, and the purchaser who has failed to complete his purchase shall also be liable for any further loss which may arise through his neglect to complete the purchase. 14. (1) The High Court shall not have power to open the o!eting biddings on the sale of any land made by the Registrar under k$%$not or by virtue of any order of the High Court, and the highest zt;i, bona cfide bidder at such sale, provided he bids a sum equal to or fraud or im higher than the appraised value or reserved price, if any, shall ZJ;~ be declared and allowed the purchaser, unless the High Court, 1980+j. on the ground of fraud or improper conduct in the management of the sale, upon the application of any Rerson interested in any such land, or any creditor against the same, either opens the biddings, holding such bidder bound by his bidding or discharges him from being the purchaser and orders such land to be re-sold upon such terms as to costs or otherwise as the High Court thinks fit. ‘IliE LAWS OF BARBADOS PrInted by the Govrrnmcnt Pdntlw Dcpmmnt, Bay Street. St. Mlchwl. by tbd avthorlty of the Government of Barbados ss.1517 CAP. 227 Judicial Sale of Land L.R.O. 1985 8 Form of comreyance. Schedule. Effect of COllVCytUlCC. 1980-43. Parties to conveyance. (2) An application under subsection (1) shall be made to the High Court before the Registrar’s report of the sale becomes binding. 15. Every conveyance by the Registrar shall be in the form set out in the Schedule, or as near thereto as circumstances will admit. 16. (1) Subject to subsection (2), all conveyances executed by the Registrar in pursuance of an order, directing the sale of any land or any interest therein shall effectually pass such interest in the land, thereby expressed to be conveyed as specified in the conveyance and shall effectually discharge such land from all estates, rights, interests, liens and incumbrances of all persons, including the Crown, except as specified in such conveyance and subject and liable to which the Registrar conveys the land. (2) Except in the case of a conveyance consequent upon an absolutely cash purchase, no conveyance shall be made under this section unless prior to that conveyance (a) the Registrar makes an inquiry and issues an advertise ment for claims made in accordance with this Act so as to ascertain what estates, rights, interests, liens and incumbrances exist in, or on or affect the land to be conveyed; and (b) the reports of such estates, rights, interests, liens and incumbrances and of the application of the purchase money of the land sold are duly made by the Registrar and confirmed by the High Court. (3) No conveyance made by the Registrar may be set aside on the ground of the High Court not having jurisdiction over the subject thereof. 17. In the conveyance of land purchased from the Registrar under an order of the High Court, it shall not be necessary to join as parties with the Registrar persons in whom any estate, right or interest, legal, equitable or otherwise, or any mortgage term of years, is vested, but such conveyance, when executed by the Registrar, shall be effectual to vest in the purchaser the estate or interest purported to be conveyed as if the persons entitled thereto or interested therein or having any claim there on had been made parties to and had executed the conveyance 9 L.R.O. 1995 Judicial Sale of Land CAP. 227 ss.18-20 and had thereby granted, transferred, surrendered or released the same. 18. The signature of the Registrar to the conveyance shall be Effect of conclusive evidence that all the provisions of this Act and all proceed ings necessary for the validity and full effect under this Act of the ~~Q~~U~~, conveyance. conveyance have been complied with and duly taken. 19. (1) Where any estate or interest is by any order of the High Court Registrar to ordered to be sold by the Registrar he shall demand the title deeds, plots and plans of such estate or interest from the mortgagor or mortgagee, or zrizd and purchaser. other person in possession of the same. (2) The Registrar is hereby authorised to examine any such person on oath or affirmation, when affirmation is allowed, touching the possession of such deeds, plots or plans. (3) On refusal of any such person to deliver up any such deeds, plots or plans to the Registrar or to answer such questions as the Registrar shall put to him the Registrar shall report the same to the High Court, and the High Court is hereby authorised to commit such person for contempt, until he delivers up such deeds, plots or plans or answers such question. (4) The Registrar shall deliver such title deeds, plots and plans to the attorney-at-law for the plaintiffs in the action, and when any eState or 1980.43. interest is so put up for sale, a time for the delivery of such title deeds, plots and plans to the purchaser, or his attorney-at-law shall be specified in the conditions of sale. PART IV 20. (1) The claims and demands of persons against the owners or claims z proprietors of land in Barbados for money lent and advanced to such ;a;;ayGen owners or proprietors for any purpose or on any pretext or on any account other account, so long as they remain unsecured and on open debts. account shall not be liens on such lands and shall be placed and 1980-43. ranked, along with all other debts on open account, junior to all debts or claims secured against such lands by mortgage, judgment, order of the High Court, charge by will, or other recognised mode of charging land. THE LAWS OF BARBADOS Primed by tb Gwemmznt Rintcr. Bay Street. St. Michael, k the whority of ttr Govcmm~nt of B&a&s Es.21 CAP. 227 Judicial Sale of Land L.R.O. 1995 10 (2) Subject to subsection (3), the claims and demands of persons referred to in subsection (1) against the owners or proprietors of land for which securities affecting such land have been obtained shall be placed and ranked against such land along with other securities and charges affecting the same land according to the date on which the respective securities were obtained or created, and priority shall be determined thereby. (3) Priority determined in accordance with subsection (2) is only effective if the deed conveying, mortgaging or charging the land is recorded at the Registration Office. Ansuiers 21. (1) All pleas, answers, disclaimers, examinations, affidavits, made out of juris declarations, affirmations and attestations of honour in causes or matters diction. depending in the High Court, shall and may be sworn and taken in any L.N. 1681 part of the Commonwealth, before any judge, mayor, court, notary 1%7. public or person lawfully authorised to administer oaths in that part of the Commonwealth, or in any foreign state before a consular representative for Barbados, and the Judges and officers of the High Court shall take judicial notice of the seal or signature, as the case may be, of any such court, judge, mayor, notary public or person or consular representative attached, appended, or subscribed to such pleas, answers, disclaimers, examinations, affidavits, affirmations, attestations of honour, declara tions or other documents, to be used in the High Court. (2) Any person who-forges the signature or the official seal of any such judge, mayor, court, notary public ‘or other person lawfully authorised to administer oaths under this Act or tenders in evidence any plea, answer, disclaimer, examination, affidavit or other judicial or official document, with a false or counterfeit signature or seal of any such judge, mayor, court, notary public or other person authorised as aforesaid attached or appended thereto, knowing the signature or 1992-17. seal to be false or counterfeit shall be guilty of an offence and shall upon conviction be liable to imprisonment for 3 years. 11 L.R.O. 1985 Judicial Sale of hnd CAP. 227 sch. SCHEDULE 198043. 8.15. THIS CONVEYANCE is made the day of 19 BETWEEN Registrar of the Supreme Court (hereinafter called “the Registrar”) - of the one part and of (hereinafter called ‘the purchaser*) of the other part. WHEREAS (1) in pursuance of an order of the High Court made on the day of 19 in proceedings therein entitled shortly vs. the Registrar on the day of 19 sold the property described in the FIRST SCHEDULE hereto for an estate in fee simple absolute in possession free from incumbrances (or otherwise as the case my be) to the purchaser for the sum of dollars (hereinafter referred to as ‘the purchaser money? (2) the purchaser has paid to the Registrar the sum of dollars on account of the purchase money, leaving the sum of dollars still due and owing on account thereof in the order of priority in favour of the persons and in the amount mentioned in columns one, two and three of Part II of the SECOND SCHEDULE hereto with interest thereon from the date specified in column four thereof NOW THIS CONVEYANCE WITNESSETH that in consideration of the premises, Registrar in pursuance of the said order and of the Judicial Sale of L.and Act, Cap, 227, hereby conveys to the purchaser ALL THAT property as described in the FIRST SCHEDULE TOGETHER WITH alI the rights appertaining or annexed to the property hereby conveyed as pro vided for by section 66 of the fioperty Act Cap. 231. AND TOGETHER ALSO WITH (set out any additional rights which are to be expressly conveyed, and are not covered by sections 66 and 67 of theproperty Act) TO HOLD the same Unto the purchaser in fee simple (or otherwise as the case may be) BUT SUBJECT and liable to the several estates, rights and interests in Part I of the SECOND SCHEDULE hereto AND ALSO SUBJECT and liable to the pay ment of the liens in the order of priority - in favour of the persons and in the amount mentioned in cohunns one, two and three of Part II of the SECOND SCHEDULE hereto with interest thereon from the date specified in column four thereof and the securities for which liens with the dates thereof are stated in column five of Part II of the SECOND SCHEDULE hereto IHE LAWS OF BARBADOS Mntad by tbs Govwannnt hintlag lkputment, Bsy 6ueet, St. Mlebsal. by ttm ruthotlty of tha Government of hrbndos sch. CAP. 227 Judicial Sak of Land L.R.O. 1985 12 , IN WITNESS WHEREOF the parties to these presents have hereunto set their hands and seals the day and year first above written. FIRST SCHEDULE Lkscri~tion of RoperQ SECOND SCHEDULE P&I Nature of estate, Names of persons right of interest entitled thereto Nature (shortly) with dates of the latest instrument of title Part II Number of liens Names of holders of liens Amount of liens I