The Conveyancing and Law of Property Act - Ministry of Legal Affairs
The Conveyancing and Law of Property Act - Ministry of Legal Affairs
The Conveyancing and Law of Property Act - Ministry of Legal Affairs
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MINISTRY OF LEGAL AFFAIRS<br />
LAWS OF TRINIDAD AND TOBAGO<br />
www.legalaffairs.gov.tt<br />
36 Chap. 56:01 <strong>Conveyancing</strong> <strong>and</strong> <strong>Law</strong> <strong>of</strong> <strong>Property</strong><br />
Restriction on<br />
consolidation <strong>of</strong><br />
mortgages.<br />
Notice <strong>of</strong> trusts<br />
on transfer <strong>of</strong><br />
mortgage.<br />
Leasing powers<br />
<strong>of</strong> mortgagor<br />
<strong>and</strong> mortgagee<br />
in possession.<br />
costs <strong>and</strong> expenses in this behalf, to inspect <strong>and</strong> make copies or<br />
abstracts <strong>of</strong> or extracts from the documents <strong>of</strong> title relating to the<br />
mortgaged property in the custody or power <strong>of</strong> the mortgagee.<br />
This subsection applies to mortgages made after the 1st <strong>of</strong><br />
January, 1885.<br />
(2) A mortgagee, whose mortgage is surrendered or<br />
otherwise extinguished, shall not be liable on account <strong>of</strong> delivering<br />
documents <strong>of</strong> title in his possession to the person not having the<br />
best right thereto, unless he has notice <strong>of</strong> the right or claim <strong>of</strong> a<br />
person having a better right, whether by virtue <strong>of</strong> a right to require<br />
a surrender or reconveyance or otherwise.<br />
35. (1) A mortgagor seeking to redeem any one mortgage is<br />
entitled to do so without paying any money due under any separate<br />
mortgage made by him, or by any person through whom he claims,<br />
solely on property other than that comprised in the mortgage which<br />
he seeks to redeem.<br />
(2) This section applies only if <strong>and</strong> as far as a contrary<br />
intention is not expressed in the mortgage Deeds or one <strong>of</strong> them.<br />
36. (1) Where, on the transfer <strong>of</strong> a mortgage, the stamp duty,<br />
if payable according to the amount <strong>of</strong> the debt transferred, would<br />
exceed the sum <strong>of</strong> $2.40, a purchaser shall not, by reason only <strong>of</strong><br />
the transfer bearing a stamp <strong>of</strong> that amount, whether adjudicated<br />
or not, be deemed to have or to have had notice <strong>of</strong> any trust, or that<br />
the transfer was made for effectuating the discharge <strong>of</strong> a trustee or<br />
the appointment <strong>of</strong> a new trustee.<br />
(2) This section applies to transfers made before as well<br />
as after the commencement <strong>of</strong> this <strong>Act</strong>.<br />
37. (1) A mortgagor <strong>of</strong> l<strong>and</strong> while in possession shall, as<br />
against every encumbrancer, have power to make from time to<br />
time any such lease <strong>of</strong> the mortgaged l<strong>and</strong>, or any part there<strong>of</strong>, as<br />
is by this section authorised.<br />
(2) A mortgagee <strong>of</strong> l<strong>and</strong> while in possession shall, as<br />
against all prior encumbrancers, if any, <strong>and</strong> as against the<br />
mortgagor, have power to make from time to time any such lease<br />
as is by this section authorised.<br />
UNOFFICIAL VERSION<br />
UPDATED TO DECEMBER 31ST 2011
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