6. General Aspects of Bermuda Property Law Flashcards Preview

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Flashcards in 6. General Aspects of Bermuda Property Law Deck (87)
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1

The Minister of Planning surveys and prepares developments plans at least once every ?? years.

5

2

Environmental conservation areas and special study areas are prepared under separate ??

Local plans

3

Is planning permission needed for using an external portion of a building for advertising if it has not ordinarily been used?

Yes

4

How long does permission for development and changes granted under the Planning Act?

Two years from the point of granting

5

If a series of planning approvals are required, when does the permission expire?

2 years beginning on the date of the last matter to be approved.

6

What does the Minister serve when a project is begun within the permission time but not completed?

A Completion Notice with a stated date to finish not less than 12 months.

7

Does the Minister have the authority to return unfinished projects to their original condition and revoke or modify development plans?

Yes

8

Any conveyance of land by way of a deed or transfer is an example of ??? under the Development and Planning Act.

Subdivision

9

The granting, assigning or exercising of a power of appointment with respect to land is an example of ??? under the Development and Planning Act.

Subdivision

10

The mortgaging or charging of land is an example of ??? under the Development and Planning Act.

Subdivision

11

The entering into of an agreement of sale and purchase of land is an example of ??? under the Development and Planning Act.

Subdivision

12

The entering into any agreement which has the effect of granting the use of or right of or right in land directly or by entitlement to renewal for a period of twenty-one years or more is an example of ??? under the Development and Planning Act.

Subdivision

13

Is planning permission required for the subdivision of land?

Yes

14

When does permission for the draft plan of subdivision expires?

3 years after the date of its grant

15

What does the statute of frauds state?

All real estate contracts have to be in writing to be legally enforceable except leases for less than a year.

16

How does The Conveyancing Act relate to the statue of frauds?

Makes this common law principle true for real estate sales contract must be signed by the party to be charged, while extending the legal validity of oral leases to periods of up to three years.

17

What does the Conveyancing Act act state about leases to options to renew that would increase the tenancy to three years?

It must be in writing.

18

What does the Conveyancing Act state regarding documents/deeds?

1. The language required in deeds
2. Who may hold original documents
3. Acknoledgements

19

Can the vendor retain documents in cases when the vendor retains any part of the land?

Yes

20

How long do ownership records go back?

Twenty years

21

What happens in the case of leases that last longer than 21 years?

It may entitle the lessee to a freehold, fee simple, interest in the property

22

The expenses related to providing proof of clear, unencumbered title become the responsibility of who?

The person requesting the proof

23

Can a mortgagee insure, or require insurance, in excess of either the loan amount or the replacement value of the property?

No

24

Where must all voluntary conveyances be deposited?

To the Registrar General

25

When must voluntary conveyances be deposited and recorded?

Within 30 days of having been duly stamped in accordance with the Stamp Duties Act.

26

What does a voluntary conveyance be accompanied by?

A memorandum, signed by or on behalf of the grantor(s) and grantee(s) containing the 1. date of conveyance, 2. the names of the parties, 3. a property description

27

If a conveyance stipulation prevents any party from using an attorney of their choosing, what happens to the conveyance?

It is void

28

"The rent at which a valuation unit might reasonably be expected to let from year to year if the tenant undertook to bear the cost of internal repairs, and the and landlord to bear all other reasonable expenses necessary to maintain the valuation unit" is referred to as what?

Annual rental value (ARV)

29

The Land Valuation Act defines an owner, or "tax payer" of a valuation unit to include not only the person who is entitled to receive rental moneys but also who?

The occupier, in the case of
1. A rental for a period greater than three years
2. A life tenancy
3. Crown land

30

Who has the responsibility of establishing the ARVs of all valuation units in Bermuda?

Director (of Land Valuation)