Disentailing Act 1901

Download PDF
Year1901
CategoryConsolidated
Last Updated2026-02-19 16:15:51
File Size49.1 KB
Sourcebermudalaws.bm

QU OF NT AT A FE RU

BERMUDA

1901 : 11

[preamble and words of enactment omitted]

1. Mode of altering an estate in fee simple to fee tail

(1) Any person seised of an estate in fee tail in any land in Bermuda may alter such estate from fee tail to fee simple by executing a deed granting such land to the use of himself or any other person his heirs and assigns for ever.

(2) On such deed being deposited in the office of the Land Title Registrar to be recorded, within six months after the execution thereof, if executed in Bermuda, and not elsewhere, or within twelve months if executed out of Bermuda, the estate in the land thereby granted shall be thereupon altered from fee tail to fee simple. [Section 1 subsection (2) amended by 2017 : 9 s. 11 effective 20 February 2017]

2. Deed; time of execution

(1) For the purposes of this Act the time of execution of any deed shall be taken to mean the latest time at which, from any attestation clause or other writing or certificate endorsed thereon or annexed thereto, any or either of the parties to such deed shall appear to have executed the same, or, in the absence of any such evidence when the same was executed, the date of such deed.

(2) Whenever any such deed is deposited in the office of the Land Title Registrar to be recorded, the Land Title Registrar shall note or stamp on the back of such deed the date when the same is deposited to be recorded. [Section 2 subsection (2) amended by 2017 : 9 s. 11 effective 20 February 2017]

Act not to confirm or better an original title

3 Nothing in this Act contained shall be construed so as to confirm or better an original title, but merely so as to define the mode of altering an estate from fee tail to fee simple.

[Assent Date: 22 August 1901]

[this Act, by virtue of its original section 4 [now repealed] was brought into operation on 1 January 1902]

[Amended by:

1951 : 78

1952 : 11

1955 : 35

2017 : 9]

No cases currently cite this legislation.