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CONVEYANCING ACT 1911

CONVEYANCING ACT 1911 - LONG TITLE

An Act to amend the Conveyancing and Law of Property Act, 1881.
[16th December 1911]
Discharge of incumbrances by the court.

CONVEYANCING ACT 1911 - SECT 1

1. On any application under section five of the Act of 1881 the
court may, if it thinks fit, as respects any purchaser or vendor,
dispense with the service of any notice which is, by section
sixty-nine of that Act, required to be served on the purchaser or
vendor.

CONVEYANCING ACT 1911 - SECT 2
Benefit of condition already broken to run with reversion.

2.(1) Section ten of the Act of 1881 shall apply to the benefit
of every condition of re-entry or forfeiture for a breach of any
covenant or condition contained in a lease, so as to enable the
same to be enforced and taken advantage of by the person from time
to time entitled, subject to the term, to the income of the whole
or any part, as the case may require, of the land leased, although
that person became, by conveyance or otherwise, so entitled after
the condition of re-entry or forfeiture had become enforceable,
provided that he became so entitled as aforesaid after the
commencement of this Act.

(2) This section shall not render enforceable any condition of
re-entry or other condition waived or released before the person
became entitled as aforesaid.

CONVEYANCING ACT 1911 - SECT 3
Powers (with a view to the grant of an authorised lease) for
mortgagor and mortgagee in possession to accept surrenders of leases.

3.(1) For the purpose only of enabling a lease, authorised under
section eighteen of the Act of 1881, as varied by this section, or
under any agreement made pursuant to section eighteen aforesaid, or
by the mortgage deed (in this section referred to as an authorised
lease) to be granted, a mortgagor of land while in possession
shall, in like manner as if the legal estate were vested in him
and as against every incumbrancer, have, by virtue of this Act,
power to accept from time to time a surrender of any lease of the
mortgaged land or any part thereof comprised in the lease, with or
without an exception of all or any of the mines and minerals
therein, or in respect of mines and minerals, or any of them, and,
on a surrender of part only of the land or mines and minerals
leased, the rent may be apportioned.

(2) For the same purpose, a mortgagee of land while in possession
shall, in like manner, and as against all prior or other
incumbrancers, if any, and as against the mortgagor, have, by virtue
of this Act, power to accept from time to time any such surrender
as aforesaid.

(3) On a surrender of part only of the land or mines and minerals
leased, the original lease may be varied, provided that the lease
when varied would have been valid as an authorised lease if granted
by the person accepting the surrender; and, on a surrender and the
making of a new or other lease, whether for the same or for any
extended or other term, and whether subject or not to the same or
to any other covenants, provisions, or conditions, the value of the
lessee's interest in the lease surrendered may, subject to the
provisions of this section, be taken into account in the
determination of the amount of the rent to be reserved, and of the
nature of the covenants, provisions, and conditions to be inserted
in the new or other lease.

(4) Nothing in this section shall, where any consideration (except
an agreement to accept an authorised lease) for the surrender is
given by or on behalf of the lessee to or on behalf of the
person accepting the surrender, authorise a surrender to a mortgagor
without the consent of the incumbrancers, or authorise a surrender
to a second or subsequent incumbrancer without the consent of any
prior incumbrancer.

(5) No surrender shall, by virtue of this section, be rendered
valid unless:

(a)An authorised lease is granted of the whole of the land or
mines and minerals comprised in the surrender to take effect in
possession immediately or within one month after the date of the
surrender; and

(b)The term certain or interest granted by the new lease is not
less in duration than the unexpired term or interest which would
have been subsisting under the original lease if that lease had not
been surrendered; and

(c)Where the whole of the land mines and minerals originally leased
has been surrendered, the rent reserved by the new lease is not
less than the rent which would have been payable under the original
lease if it had not been surrendered; or where part only of the
land or mines and minerals has been surrendered, the aggregate rents
respectively remaining payable or reserved under the original lease
and new lease are not less than the rent which would have been
payable under the original lease if no partial surrender had been
accepted.

(6) A contract to make or accept a surrender under this section
may be enforced by or against every person on whom the surrender,
if completed, would be binding.

(7) Subsections (13), (16) and (17) of section eighteen of the Act
of 1881 shall have effect as if they were re-enacted in this
section and references to the commencement of that Act shall, for
the purposes of this section, be read as references to the
commencement of this Act.

(8) Nothing in this section shall prevent the mortgage deed from
reserving to or conferring on the mortgagor or mortgagee, or both,
any further or other powers relating to the surrender of leases;
and any further or other powers so conferred or reserved shall be
exercisable, as far as may be, as if they were conferred by this
Act, and with the like results, unless a contrary intention is
expressed in the mortgage deed.

(9) Nothing in this section shall operate to enable a mortgagor or
mortgagee to accept a surrender which could not have been accepted
by the mortgagor, with the concurrence of all the incumbrancers, if
this Act had not been passed.

(10) For the purposes of this section, and of subsection (1) of
section eighteen of the Act of 1881, the expression "mortgagor" does
not include an incumbrancer deriving title under the original
mortgagor.

(11) The powers of leasing and of accepting surrenders respectively
conferred by section eighteen of the Act of 1881, and this section,
shall, after a receiver of the income of the mortgaged property or
any part thereof has been appointed by a mortgagee, under that Act,
and so long as the receiver acts, be exercisable by such mortgagee
instead of by the mortgagor, as respects any land affected by the
receivership, in like manner as if such mortgagee were in possession
of the land.

CONVEYANCING ACT 1911 - SECT 4
Powers incident to estate or interest of mortgagees.

4.(1) The power of sale conferred on a mortgagee by section
nineteen of the Act of 1881 shall include the following powers as
incident thereto (namely):

(i)A power to impose or reserve or make binding, as far as the
law permits, by covenant, condition, or otherwise, on the unsold
part of the mortgaged property or any part thereof, or on the
purchaser and any property sold, any restriction or reservation with
respect to building on or other user of land, or with respect to
mines and minerals, or for the purpose of the more beneficial
working thereof, or with respect to any other thing:

(ii)A power to sell the mortgaged property, or any part thereof, or
any mines and minerals apart from the surface:

(a)With or without a grant or reservation of rights of way, rights
of water, easements, rights, and privileges for or connected with
building or other purposes in relation to the property remaining in
mortgage or any part thereof, or to any property sold;

(b)With or without an exception or reservation of all or any of
the mines and minerals in or under the mortgaged property, and with
or without a grant or reservation of powers of working, wayleaves,
or rights of way, rights of water and drainage and other powers,
easements, rights, and privileges for or connected with mining
purposes in relation to the property remaining unsold or any part
thereof, or to any property sold;

<(c)With or without covenants by the purchaser to expend money on the land sold.

(2) Subsections (2) and (3) of section nineteen of the Act of 1881
shall apply to the foregoing powers conferred by this section.

(3) This section applies only where the mortgage deed is executed
after the commencement of this Act.

(4) For the purpose of exercising any power conferred by this
section, an application under section forty-four of the Trustee Act,
1893, as amended by section three of the Trustee Act, 1894, shall
not be required.

CONVEYANCING ACT 1911 - SECT 5
Amendments of section 21 of the Act of 1881.

5.(1) Upon any sale made in professed exercise of the power
conferred on mortgagees by the Act of 1881, a purchaser is not,
and never has been, either before or on conveyance, concerned to
see or inquire whether a case has arisen to authorise the sale, or
due notice has been given, or the power is otherwise properly and
regularly exercised.

(2) Subsection (6) of section twenty-one of the Act of 1881 shall,
as regards mortgages executed after the commencement of this Act, be
read as if the words "or of any power or provision contained in
the mortgage deed" were added at the end thereof.

CONVEYANCING ACT 1911 - SECT 6
Remedies for recovery of annual sums charged on land.

6.Subs.(1) rep. by 1966 c.2 (NI) s.12(2)

(2) The powers and remedies conferred by the last-mentioned section
are exercisable whether the annual sum is created under a power
contained in an instrument coming into operation before or after the
commencement of the Act of 1881, and take effect unless the
instrument creating the power or under which the annual sum is
created otherwise directs.

(3) This section applies to powers and remedies conferred by or
implied in an instrument executed before as well as after the
commencement of this Act.

Ss.7, 8 rep. by SLR 1927; 1952 c.19 (NI) s.1(4) sch.2; 1958 c.23
(NI) s.69 sch.2; SLR 1976

CONVEYANCING ACT 1911 - SECT 9
Provisions respecting mortgaged property where the right of redemption
is barred.

9.(1) Where any property, vested in trustees by way of security,
becomes, by virtue of the statutes of limitation, or of an order
for foreclosure or otherwise, discharged from the right of
redemption, it shall be held by them on trust for sale, with power
to postpone such sale for such a period as they may think proper.

(2) The net proceeds of sale, after payment of costs and expenses,
shall be applied in like manner as the mortgage debt, if received,
would have been applicable, and the income of the property until
sale shall be applied in like manner as the interest, if received,
would have been applicable; but this subsection shall operate without
prejudice to any rule of law relating to the apportionment of
capital and income between tenant for life and remainderman.

(3) This section shall not affect the right of any person to
require that, instead of a sale, the property shall be conveyed to
him or in accordance with his directions.

(4) Where the mortgage money is capital money for the purposes of
the Settled Land Acts, 1882 to 1890, the trustees shall, if the
tenant for life, or person having the powers of a tenant for life,
so requires, instead of selling any land forming the whole or part
of such property, make such conveyance or execute such declaration
of trust of the same as may be required for giving effect to the
directions contained in section twenty-four of the Settled Land Act,
1882 (as amended by any subsequent enactment), and as if the land
had been acquired by purchase as mentioned in that section.

(5) This section applies to property the right of redemption whereof
is discharged before as well as after the commencement of this Act.

CONVEYANCING ACT 1911 - SECT 10
As to dispositions on trust for sale.

10.(1) Where a settlement within the meaning of section sixty-three
of the Settled Land Act, 1882, or other settlement of property as
personal estate, contains a power to invest money in the purchase
of land, such land shall, unless the settlement otherwise provides,
be held by the trustees on trust for sale, with power to postpone
the sale; and the net rents and profits until sale, after keeping
down costs of repairs and insurance and other outgoings, shall be
paid or applied in like manner as the income of investments
representing the purchase-money would be payable or applicable if a
sale had been made and the proceeds had been duly invested in
personal estate.

(2) Subsection (1) of this section applies only to settlements
coming into operation after the commencement of this Act.

(3) Where land has, either before or after the commencement of this
Act, become subject to an express or implied trust for sale, such
trust is, so far as regards the safety and protection of any
purchaser thereunder, to be deemed to be subsisting until the land
has been conveyed to or under the direction of the persons
interested in the proceeds of sale.

(4) Subsection (3) of this section applies to sales made before as
well as after the commencement of this Act, but without prejudice
to the order of any court restraining a sale.

CONVEYANCING ACT 1911 - SECT 11
Notice of restrictive covenants.

11.(1) Where land having a common title with other land is disposed
of to a purchaser (other than a lessee or a mortgagee) who does
not hold or obtain possession of the documents forming the common
title, such purchaser, notwithstanding any stipulation to the
contrary, may require that a memorandum giving notice of any
provision contained in the disposition to him restrictive of user
of, or giving rights over, any other land comprised in the common
title, shall, where practicable, be indorsed on, or, where
impracticable, be permanently annexed to some one document selected
by the purchaser but retained in the possession or power of the
person who makes the disposition, and being or forming part of the
common title.

(2) The title of any person omitting to require an indorsement to
be made or a memorandum to be annexed shall not, by reason only
of this enactment, be prejudiced or affected by the omission.

S.12 rep. by 1955 c.24 (NI) s.46 sch.3

CONVEYANCING ACT 1911 - SECT 13
Notice of trusts on transfer of mortgage.

13.(1) Where, on the transfer of a mortgage, the stamp duty, if
payable according to the amount of the debt transferred, would
exceed the sum of [50p], a purchaser shall not, by reason only of
the transfer bearing a [50p] stamp, whether adjudicated or not, be
deemed to have or to have had notice of any trust, or that the
transfer was made for effectuating the appointment of a new trustee.

(2) This section applies to transfers made before as well as after
the commencement of this Act.

S.14 rep. by SLR 1927. S.15 amends sch.3 to 1881 c.41

CONVEYANCING ACT 1911 - SECT 16
Short title, commencement, and construction.

16.(1) This Act may be cited as the Conveyancing Act, 1911.

(2) Commencement

(3) This Act and the Conveyancing Acts, 1881 to 1892, shall be
construed together, and may be cited together as the Conveyancing
Acts, 1881 to 1911.

(4) In this Act the Conveyancing and Law of Property Act, 1881, is
referred to as the Act of 1881, and that Act may be cited as the
Conveyancing Act, 1881.