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-1 FINAL EXAMINATION

IMMOVABLE PROPERTY (JUDICIAL SALES) ACT

S. and T. are co-owners in indivision of a .parcel of land C.1BO at , Mahe.

T. has approached the Development Bank of for a loan in order to build a block of flats on his share of the land.

After long discussions, S. and T. have not been able to agree on how to partition the land between them...... r . .'.9:' would like to have his share of the land on his personal name in order to carry out his proposed development. ~ comes to you for advice. I () (a) What step would you have to take to get his share of the land C.1BO on his personal name? S 10 T (~.)

(b) What procedure would be followed by the Court?

2. C.• D. and F. are co-owners in indivision of a rather large, flat parcel of land T100 at Takamaka, Mahe..

, . ~ C. and D. who would like to have their share of the lapd in their personal names, have consulted a lawyer who has filed an application to the Supreme Court for a dlvision-in-kind.

F., on the other hand, wants a sale by licitation.

(i) What factors would the Judge take into consideration in order to determine whether to allow a division-in-kind? )

3. S. is a Swedish citizen who has recently arrived in the Seychelles. He met T. a citizen of Seychelles who is the owner of a parcel of land S.2000 at , Mahe.

S. wishes to lease parcel S.2000 from T. for a term of five years. He comes to seek your advice.

(i) What procedures have to be followed before being able to finalise the lease agreement between S. and T.? ,"

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i / 4. S. is a Seychellois citizen who owns parcel C.200 at Anse Royale, Mahe. R. is a citizen of Russia. He wishes to purchase parcel C.200 from S. for SR400,000.00.

What procedures have to be followed before being able to finalise the transfer of parcel S,200 from S. to R.?

5. (i) Explain the different ways in which dispositions of land may be restrained?

(ij) A. and S., both citizens of Seychelles, sign a promise of sale whereby A. would sell to S. parcel T.120 at Takamaka, Mahe, for the sum of Seychelles Rupees Sixty Thousand, valid for a period of three months. B. pays to ,A. the sum of Seychelles Rupees Twelve 'Thousand as deposit. ' .

The promise of sale document has not been forwarded to the Land Registry Office for registration.

B. comes to see you for advice as he has been informed that A. is trying to get another buyer for his land T. 120.

What action you would take in order to protect his interest in parcel T.120? '

6. A. and B. have been co-owners ln indlvision of parcel H.100 at North East Points, Mahe,for the past twenty. years . Some ten years ago B. left for East Africa.

A. has tried on many occasions to. find the address of B. but he has not been successful. A. wishes to partition parcel H.100 in order to have his share of the land on his personal name. ) What procedures have to be followed in order to vest the share of B. in the Curator of Vacant Estates and for A. to have his share in H.100 in his personal name?

7. P. is the owner of parcel LD.25 at Grand Anse, Praslin. He meets R. who agrees to purchase parcel LD.25 for the sum of SR30,000/-. A sale agreement is drawn up, including the transcription and the documents are signed by both parties on 5/4/05. R. pays to P the sum of SR30,000/-. However, the sale document and transcription are not taken. to the RegistrY' Office for registration and transcription. ,- r>v'-- ~ ~ ,~ ,M..JI\pW, dle/- ,UJt,W' ~I~ , ~ or n.(-W ~ M.f!/.i' _4 3 tr ~ leJfer I'U.Uif ,", ,J ':f,~ uFe ?9-Wert1-;t P. Is going on holiday overseas. He leaves a::Gerleral Power of Attorn~ ., with S in order to self all his movable and immovable properties in Seychelles. tV SJ. meets $. who wants to purchase parcel LD.25.

-.S ,., not knowing that the parcel of land has been sold to R, ~i~s a sale agreement with W!on 5/6/05 including the transcription. W. pays J.Sthe sum of SR25,OOO/-. For the land LD25. Both the sale agreement and transcription are forwarded to the Land Registry Office on 6/6/2005 for registration and transcription.

R. only now takes his sale agreement, together with the transcription, to the Registry Office on the 17th February, 2006, for registration and transcription and is informed of the sale to W. ~ v\.l1·1t.\ ~ 688 Cock . (i) Who can claim valid title to the land and give your reasons? 't.OUd£ ()ld l-d. (ii) What recourse would the party, who fails to obtain the titl~ throu9h the sale, have in law? e....cf ~ ~ote..k t ~ r ~ .

8. A. is the owner of parcel LD.10 at Anse Reunion, . On the 5/5/2002, A. borrows the sum of SR20,OOOI-. From B. A first line mortgage document is drawn up and the sum borrowed is secured on parcel LD. 1O. The mortgage document and. inscription are not registered at the Land Registry Office. . On the 15th May 2002, C. lends the sum of SR10,OOOI- to A. As security for the loan, a first line mortqaqe drawn up and the sum is secured on parcel LD.10. The mortgage document and inscription are registered on zo" May 2002. .

) ) A. gets another loan from D. of SR10,OOOI-. which is also secured by a second line mortgage on parcel LD.10 and registered on 26th May 2002.

B. Forwards his document for registration on 1st June 2002.

A. is unable to pay for his loan and his land LD.10 is seized by D. and sold before the Court for SR60,OOOI-.

(i) How would the proceeds of sale be distributed before the Court amongst B, C, and D.?

Oi) Would your answer be the same if B. had forwarded his documents for registration on 10th May 2005?