Real Estate Charges Act (Cap. 54:08)

Act 14ofl887 Current Authorised Pages Pages Authorised (inclusive) byL.R.O. 1-5 111991 LAWS OF DOMINICA REAL ESTATE CHARGES ACT CHAPTER 54:08 Act 14ofl887 Current Authorised Pages Pages Authorised (inclusive) byL.R.O. 1-5 111991 L.R.0.111991 Note on Subsidiary Legislation 2 Chap. 54:08 LAWS OF DOMINICA Real Estate Charges Note on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. SECTION 1. Short title. 2. Interpretation. 3. Heir or devisee of real estate not to claim payment of mortgage out of personal assets. 4. In construing wills general direction for payment of debts out of personalty not to include mortgage debts, unless such intention expressly implied. 5. Application of enactments in preceding sections. LAWS OF DOMINICA Real Estate Charges CHAPTER 54:08 REAL ESTATE CHARGES ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. Chap.54:08 3. Heir ordevisee of real estate not to claim payment of mortgage out of personal assets. 4. In construing wills general direction for payment of debts out of personalty not to include mortgage debts, unless such intention expressly implied. 5. Application of enactments in preceding sections. 3 L.R.0.111991 1961 Ed. Cap. 218. 14 of 1887. Heir or devisee of real estate not to claim payment of mortgage out of personal assets. Chap. 54:08 1. 1bis Act may be cited as the REAL ESTATE CHARGES ACT. 2. In this Act, the word "mortgage" includes any lien for unpaid purchase money upon any lands or hereditaments purchased by a testator or intestate. 3. (1) When any person after 31st March 1888 dies seised of or entitled to any estate or interest in any land or other hereditaments which at the time of his death is charged with the payment of any sum of money by way of mortgage, and that person has not, by his will or deed or other document, signified any other or contrary intention, the heir or devisee to whom the lands or hereditaments descends or are devised shall not be entitled to have the mortgage debt discharged or satisfied out of the personal estate or any other real estate of that person, but the land or hereditaments so charged shall, as between the different persons claim ing through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same is charged, every part thereof according to its value bearing a proportionate part of the mortgage debts charged on the whole. (2) Nothing contained in this section shall affect or diminish any right of the mortgagee of the lands or hereditaments to obtain full payment or satisfaction of his mortgage debt either out of the personal estate of the person so dying as aforesaid or otherwise; and nothing contained in this section shall affect the right of any person claiming under or by virtue of any will, deed or document already made or to be made before 1st April 1888. 4 1961 Ed. Cap. 218. 14 of 1887. Commencement. Shon title. Interpretation Heir or devisee of real estate not to claim payment of mortgage out of personal assets. LAWS OF DOMINICA Chap.54:08 Real Estate Charges CHAPTER 54:08 REAL ESTATE CHARGES ACT AN ACT relating to real estate charges. [31st December 1887] 1. 111is Act may be cited as the REAL ESTA TE CHARGES ACT. 2. In this Act, the word "mortgage" includes any lien for unpaid purchase money upon any lands or hereditaments purchased by a testator or intestate. 3. (1) When any person after 31st March 1888 dies seised of or entitled to any estate or interest in any land or other hereditaments which at the time of his death is charged with the payment of any sum of money by way of mortgage, and that person has not, by his will or deed orother document, signified any other or contrary intention, the heir or devisee to whom the lands or hereditaments descends or are devised shall not be entitled to have the mortgage debt discharged or satisfied out of the personal estate or any other real estate of that person, but the land or hereditaments so charged shall, as between the different persons claim­ ing through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same is charged, every part thereof according to its value bearing a proportionate part of the mortgage debts charged on the whole. (2) Nothing contained in this section shall affect or diminish any right of the mortgagee of the lands or hereditaments to obtain full payment or satisfaction of his mortgage debt either out of the personal estate of the person so dying as aforesaid or otherwise; and nothing contained in this section shall affect the right of any person claiming under or by virtue of any will, deed or document already made or to be made before 1st April 1888. 4. In the construction of the will of any person who dies after 31st In construing • . wills generalMarch 1888, a general direction that the debts, or that all the debts of the direction for testator shall be paid out of his personal estate shall not be deemed to be payment of a declaration of an intention contrary to or other than the rule established debtsout of b . 3 unl h th·· . furth dIed personalty not toy section, ess suc contrary or 0 er mtention IS er ec ar include mortgage by words expressly, or by necessary implication, referring to all or some debts,unless such of the testator's debts or debt charged by way of mortgage on any part intentioln express y of his real estate. implied. S. The enactments contained in the preceding sections of this Act Application .of shall, as to any testator or intestate dying after the 31st March 1888, be =::;;s m held to extend to a testator or intestate dying seised or possessed of, or sections. entitled to, any land or other hereditaments of whatever tenure which at the time of his death is charged with the payment of any sum of money by way of mortgage, or any other equitable charge, including any lien for unpaid purchase money; and the devisee, or legatee, or heir is not entitled to have such sum discharged or satisfied out of any other estate of the testator or intestate, unless, in the case of a testator, he has, within LAWS OF DOMINICA Real Estate Charges Chap. 54:08 5 4. In the construction of the will of any person who dies after 31st In construing • • wills general March 1888, a general direction that the debts, or that all the debts of the direction for testator shall be paid out of his personal estate shall not be deemed to be payment of a declaration of an intention contrary to or other than the rule established debtsout of b . 3 unl h th . . . furth d 1 ed personalty not to y section , ess SUC contrary Or O er mtention IS er ec ar include mortgage by words expressly, or by necessary implication, referring to all or some debts,unless such of the testator's debts or debt charged by way of mortgage on any part intentio 1 n express y of his real estate. implied. 5. The enactments contained in the preceding sections of this Act Application of shall, as to any testatoror intestate dying after the 31st March 1888, be ;::;;;s m held to extend to a testator or intestate dying seised or possessed of, or sections. entitled to, any land or other hereditaments of whatever tenure which at the time of his death is charged with the payment of any sum of money by way of mortgage, or any other equitable charge, including any lien for unpaid purchase money; and the devisee, or legatee, or heir is not entitled to have such sum discharged or satisfied out of any other estate of the testatororintestate, unless, in the case of a testator, he has, within L.R.0.1I1991