Sentences with phrase «in fee simple»

«A transfer for valuable consideration of land registered with an absolute title, when registered, confers on the transferee an estate in fee simple in the land transferred, together with all rights...»

Section 87 shows that when a transfer for value is registered, the Act «confers» on the transferee an estate in fee simple in the land transferred, «together with all rights, privileges and appurtenances.»

Consequently, the Court found the Chambers Judge did not err in finding the option was binding and that the Appellant must provide good and marketable title in fee simple.

First and most importantly, § 5.085 (a) of the Property Code provides that a «potential seller may not execute an executory contract with a potential purchaser if the seller does not own the property in fee simple free from any liens or other encumbrances.»

However, if the claim is successful and the Governor - General executes a deed of grant in fee simple in the land at Canteen Creek, the deed is of no effect until the compulsory lease ends.67

She is the executor of the Estate, a beneficiary under the Will and also the owner in fee simple of the Richmond Property which Mr. T. Terezakis claims she holds in trust for the Estate, an allegation which Ms. Ekins vigorously disputes.

(a) A potential seller may not execute an executory contract with a potential purchaser if the seller does not own the property in fee simple free from any liens or other encumbrances.

It was followed by County of Oneida v. Oneida Indian Nation of New York State (Oneida II)(1985), rejecting all of the affirmative defenses raised by the counties in the same action, and City of Sherrill v. Oneida Indian Nation of New York (Sherrill)(2005), rejecting the tribe's attempt in a later lawsuit to reassert tribal sovereignty over parcels of land reacquired by the tribe in fee simple.

Under Belize law foreign nationals can own property on the island in fee simple including property on the ocean.

Trust to acquire and hold land, whether in fee simple or otherwise, and to use and manage that land for the benefit of persons of Aboriginal descent: s 23

Section 45 of the Ontario Land Titles Act shows that, on first registration, the Act «vests» in the first registered owner an estate in fee simple in the land, «together with all rights, privileges and appurtenances.»

In my view, agreements for the sale of land include an implied term that the purchaser will receive a «good and marketable title in fee simple» based on both conveyancing practice (custom) and as a «legal incident» of such contracts — that is by implication of law based on the judicial authorities cited herein (see para. 50).

The title searches are insured and the property is held in fee simple estate.»

Deed of grant in fee simple or leasehold subject to Crown occupation and subject to native title

The owners of the land described as Aboriginal community living areas (in so far as they hold the estate in fee simple in the land) are associations formed or approved under Part 8 of the PLA (or Part IV of the CLA).

How often one wishes that he could get hold of those easy - going batteners on public privileges, who saunter into life as though it all belonged to them in fee simple to possess, with no sense of indebtedness to the social heritage and with no consciousness of what it cost!

Yes, if the property will be used as collateral for the HECM and the mortgage will be held in fee simple, or on a leasehold under a lease for not less than 99 years which is renewable, or under a lease having the remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest mortgagor.

Or, when a transfer for value is registered, section 87 of the Act «confers on the transferee an estate in fee simple.»

For example, on first registration, section 45 «vests in the person so registered an estate in fee simple.»

In a charge of freehold land by the beneficial owner, that the chargor has a good title in fee simple to the land, except as the records of the land registry office disclose.

The Band was operating under the terms of self - government legislation, the Sechelt Indian Band Self - Government Act, SC 1986, c. 27, which inter alia provided (s. 31) that Sechelt lands, although now held in fee simple (s. 23 (1)-RRB-, were still considered to be lands reserved for Indians within the meaning of s. 91 (24).

The Sechelt Indian Band («Sechelt») has been self - governing since 1986 — Sechelt now holds its former reserve lands in fee simple.

The mode of holding land All land in Australia and the United Kingdom that has been granted by the Crown, even that in fee simple, is held by tenure rather than by absolute ownership, as the Crown alone is the source of all tenure.

the answer to [the] question [of exclusivity] is to be found not simply in the general law relating to what is ordinary comprehended by an estate in fee simple in an inter-tidal zone or otherwise.