The Conveyancing and Law of Property Act - Ministry of Legal Affairs

MINISTRY OF LEGAL AFFAIRS
LAWS OF TRINIDAD AND TOBAGO
www.legalaffairs.gov.tt
34 Chap. 56:01 Conveyancing and Law of Property
Construction of
implied
covenants.
Mortgages may
be made by way
of sale, demise
or assignment,
as in England.
Conveyance of
land subject to
mortgage after
release of
mortgage.
[51 of 1976].
(3) This section applies only if and as far as a contrary
intention is not expressed in the covenant, bond, obligation, or
contract, and has effect subject to the covenant, bond, obligation
or contract, and to the provisions therein contained.
(4) Except as otherwise expressly provided, this section
applies to a covenant, bond, obligation or contract made or implied
after the 1st of January, 1885.
31. In the construction of a covenant or proviso, or other
provision, implied in a Deed or assent by virtue of this Act, words
importing the singular or plural number, or the masculine gender,
shall be read as also importing the plural or singular number, or as
extending to females, as the case may require.
PART III
MORTGAGES
32. Subject to the provisions in any statutory enactments for
the time being in force in Trinidad and Tobago, all mortgages of
any land or chattels, debts, or other property in Trinidad and Tobago
may be made by way of sale, or demise, or assignment, according
to the nature of the property mortgaged, subject to a proviso or
condition for making void the same or for the reconveyance or reassignment
of the property thereby sold, demised, or assigned
according to the forms used in the like cases in England as on the 11th
of December, 1845, and every mortgage so made shall vest in the
mortgagee the same legal estate and interest in the property comprised
in such mortgage as the mortgagee would take in the like case
according to the law of England at that date, subject nevertheless to
the same equity of redemption as the mortgagor or those claiming
through him would be entitled to in the like case according to the
course and practice of the Courts of equity in England at that date.
32A. (1) Subject to section 16 and any other provision of this
Act, where a Deed of conveyance of land that is subject to a
mortgage is executed by the mortgagor or other person entitled to
the equity of redemption and the Deed of release of the mortgage
is subsequently executed by the mortgagee or his successor in title,
all the estate right, title, interest, claim or demand that the Deed of
release is effectual to pass shall be deemed to vest in the person
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2011