Property (Miscellaneous Provisions) Act (Revised 2020)

VIRGIN ISLANDS PROPERTY (MISCELLANEOUS PROVISIONS) ACT Revised Edition showing the law as at 1 January 2020 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act 2014. This edition contains a consolidation of the following laws— Page PROPERTY (MISCELLANEOUS PROVISIONS) ACT 3 Act 12 of 2003 .. in force 1 March 2004 (S.I. 10/2004)

VIRGIN ISLANDS PROPERTY (MISCELLANEOUS PROVISIONS) ACT Revised Edition showing the law as at 1 January 2020 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act 2014. This edition contains a consolidation of the following laws— Page PROPERTY (MISCELLANEOUS PROVISIONS) ACT 3 Act 12 of 2003 .. in force 1 March 2004 (S.I.10/2004)

Published in 2021 On the authority and on behalf of the Government of The Virgin Islands by The Regional Law Revision Centre Inc. For information contact— Attorney General’s Chambers Government of the Virgin Islands P.O. Box 242 Road Town Tortola, VG1110 British Virgin Islands Tel: (284) 468 - 2960 Email: agc@gov.vg Printed on the authority and on behalf of the Government of The Virgin Islands by The Regional Law Revision Centre Inc. P.O. Box 1626, 5 Mar Building, The Valley, AI-2640, Anguilla Authorised Printers for this Revised Edition

LAW OF VIRGIN ISLANDS Property (Miscellaneous Provisions) Act 3 Revision Date: 1 Jan 2020 PROPERTY (MISCELLANEOUS PROVISIONS) ACT ARRANGEMENT OF SECTIONS PRELIMINARY SECTION

1. Short title
2. Deeds and certain other instruments no longer required to be executed under seal
3. Bodies corporate holding as joint tenants
4. Application

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PROPERTY (MISCELLANEOUS PROVISIONS) ACT (Act 12 of 2003) AN ACT TO MAKE PROVISION WITH RESPECT TO DISPOSITIONS OF PROPERTY AND RELATED MATTERS. Commencement [1 March 2004] Short title

1. This Act may be cited as the Property (Miscellaneous Provisions) Act. Deeds and certain other instruments no longer required to be executed under seal
2. (1) Subject to subsection (5), an instrument is validly executed by an individual as a deed or an instrument under seal if it satisfies the requirements of this section. (2) A deed or instrument under seal satisfies the requirements of this section if— (a) it is signed in accordance with the provisions of subsection (3); and (b) it is either— (i) sealed; or (ii) expressed to be, or is expressed to be executed as, or otherwise makes clear on its face that it is intended to be, a deed. (3) For the purpose of this section, a deed or instrument is signed if it is signed— (a) by the individual in the presence of a witness who attests his signature; or

4 Property (Miscellaneous Provisions) Act Revision Date: 1 Jan 2020 LAW OF VIRGINISLANDS (b) at the direction of the individual and in his presence and the presence of two witnesses who each sign it and it appears from the face of such deed or instrument that they have done so at his direction. (4) In subsection (2) and (3)(a), “sign”, in relation to an instrument, includes an individual making his mark on the instrument, and “signature” shall be construed accordingly. (5) The provisions of this section shall be without prejudice to the validity of any instrument under seal validly executed, before, on or after the date on which this Act comes into force, as such. Bodies corporate holding as joint tenants 3. (1) A body corporate shall be capable of acquiring and holding any real or personal property in joint tenancy in the same manner as if it were an individual, and where a body corporate and an individual, or two or more bodies corporate, become entitled to any such property under circumstances or by virtue of any instrument which would, if the body corporate had been an individual, have created a joint tenancy, they shall be entitled to the property as joint tenants: Provided that the acquisition and holding of property by a body corporate in joint tenancy shall be subject to the like conditions and restrictions as attached to the acquisition and holding of property by a body corporate in severalty. (2) Where a body corporate is joint tenant of any property, the property shall, on the dissolution of the body corporate, devolve on the other joint tenant. Application 4. This Act applies to any trust, instrument or joint tenancy created or executed or purportedly created or executed before, on or after the date on which this Act comes into force, and no such trust, instrument or joint tenancy shall be invalid by reason only of the fact that it was created or executed or purportedly created or executed prior to that date. __________