6. General Aspects of Bermuda Property Law Flashcards
The Minister of Planning surveys and prepares developments plans at least once every ?? years.
5
Environmental conservation areas and special study areas are prepared under separate ??
Local plans
Is planning permission needed for using an external portion of a building for advertising if it has not ordinarily been used?
Yes
How long does permission for development and changes granted under the Planning Act?
Two years from the point of granting
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.
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.
Does the Minister have the authority to return unfinished projects to their original condition and revoke or modify development plans?
Yes
Any conveyance of land by way of a deed or transfer is an example of ??? under the Development and Planning Act.
Subdivision
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
The mortgaging or charging of land is an example of ??? under the Development and Planning Act.
Subdivision
The entering into of an agreement of sale and purchase of land is an example of ??? under the Development and Planning Act.
Subdivision
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
Is planning permission required for the subdivision of land?
Yes
When does permission for the draft plan of subdivision expires?
3 years after the date of its grant
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.
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.
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.
What does the Conveyancing Act state regarding documents/deeds?
- The language required in deeds
- Who may hold original documents
- Acknoledgements
Can the vendor retain documents in cases when the vendor retains any part of the land?
Yes
How long do ownership records go back?
Twenty years
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
The expenses related to providing proof of clear, unencumbered title become the responsibility of who?
The person requesting the proof
Can a mortgagee insure, or require insurance, in excess of either the loan amount or the replacement value of the property?
No
Where must all voluntary conveyances be deposited?
To the Registrar General
When must voluntary conveyances be deposited and recorded?
Within 30 days of having been duly stamped in accordance with the Stamp Duties Act.
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
If a conveyance stipulation prevents any party from using an attorney of their choosing, what happens to the conveyance?
It is void
“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)
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
- A rental for a period greater than three years
- A life tenancy
- Crown land
Who has the responsibility of establishing the ARVs of all valuation units in Bermuda?
Director (of Land Valuation)
- Properties owned and occupied by the Crown
- Domestic and foreign government buildings
- Charitable organizations
- Schools
- Homes of clergymen
- Day care centers
Are examples of what in regards to the Land Valuation tax?
Properties that are exempt.
The ??? list sets out
- The ARV of each valuation unit
- The location of the unit
- The reputed owner
- The actual occupier
The draft list
If someone is contacted by the Director for property information, what time frame must one respond within?
21 days or penalties for failure to comply
The Director may expect to gain access to a property by giving at list ??? notice for a request to enter, survey and value a valuation unit.
24 hours
How many years is the draft valuation list updated?
5 years
Where is the draft valuation list posted?
At every post office as well as the Director’s office.
How long is the list posted for public inspection?
At least 180 days
Who charges and levies taxes?
The Tax Commissioner
Where are taxes paid?
At the office of the Accountant General
Where do taxes end up?
The Consolidated Fund
How may the Tax commissioner act to collect unpaid taxes?
Distrain (taking personal property), garnishing wages, salary, pension.
According to the Stamp Duties Act, Is any instrument executed outside Bermuda that would be subject to stamp duty in Bermuda be valid or registered in Bermuda?
No
According to the Stamp Duties Act, is there a Schedule for time-after-execution for proper stamping of certain documents?
Yes, (some commence the day after execution, but some must be stamped before)
According to the Stamp Duties Act, how are stamps fixed to documents?
Either adhesive stamps, or a franking machine.
According to the Stamp Duties Act, who ascertains the value of stamp duty for a conveyance or transfer of propety?
The Accountant General
According to the Stamp Duties Act, When property is conveyed for consideration, the conveyance is charged with what kind of duty?
Ad valorem
According to the Stamp Duties Act, What happens if a purchase does not go through after duty has been paid?
It is returned
When makes an appraisement chargeable with stamp duty, they make an offence in what two situations?
- Neglects/omits to write out the appraisal on duly stamped paper
- Discloses the amount of valuation/appraisement in any other manner
What is the stamp duty on appraisements?
$25, or 1/4% for appraisements under $10,000
Are leases charged with Stamp duty?
Yes
How long after execution of a lease or mortgage is stamp duty due?
30 days upon execution of the lease
What stamp duty is due on a primary or equitable mortgage of $400,000 or less?
.25%
What stamp duty is due on a primary or equitable mortgage of $400,000 or more?
.50%
What stamp duty is due on a secondary mortgage?
.10%
Definition: tenancy of a premises let as a dwelling
Domestic tenency
What kinds of domestic tenancies are NOT included in the ACT?
- Dwellings on agricultural land occupied by the workers
- Tenancy for life/lives
- Boarding rooms or houses
- Tenancies in excess of 12 months of a house in which the landlord ordinarily resides
- Tenancy of any premises with an ARV over $22,800
Definition: Any person other than a mere collector who receives rent
Landlord
Any consideration collected in addition to rent such as fines, other sums or other valuable consideration, is referred to as what?
Premium
Who is the person under the Rent Increases Control Act that is appointed to carry out the Act?
Comissioner
According to Rent Increases Control Act , the landlord has cause for forfeiture if the rent payment is not received in how many days?
15
Rent Increases Control Act allows a notice to quit to take affect as if the Act had not been enacted in what circumstance?
If the tenant is determined to be an “undesirable tenant”
- Uses the premises for an illegal purpose
- Admits to the premise any person of bad character
- Causes unnecessary annoyance, disturbance, or damage to the landlord or property
- Is consistently late on rate
In order to be in breaches to the agreement, at the time of serving a notice to quit for non payment the rent must be in arrears for how long?
2 months
What are the two ways increases in rent are arranged?
- By an agreement with a tenant
2. Through an application to and grant of certificate from the Commissioner
If a landlord wants to increase the rent (without going the agreement with a tenant route) what must they do?
Lodge a property notice of the increase with the Commisioner.
Are rent increases that the landlord requires as a condition of continued and renewed tenancy legal?
No
What happens when the application to increase rent is lodged with the Commissioner?
The Commissioner serves a copy on the tenant, who then has 14 days to return comments.
The Commissioner will the approve or not approve
Definition: any premium, including but not limited to the purchase and leaving of furniture in excess of rental value required as for the grant, renewal, continuance, or assignment of a tnenacy.
Key Money (prohibited)
According to the The Bermuda Immigration & Protection Act, what must restricted persons do if they acquire land by means such as inheritance or foreclosure?
They may either be granted a license by the Governor, or hold it or be required to sell it, generally within three years of its acquisition.
What must non-Bermudians do if they want to acquire property in Bermuda?
Apply for a license
A non-Bermudian can buy a HOUSE if it’s ARV is over what value?
$126,000
Permanent residents can acquire a HOUSE if its ARV is over what value?
$63,600
A non-Bermudian can acquire a condo/apartment if the ARV is over what value?
$25,800
Multi-unit properties cannot be acquired by a non-Bermudian, except for what 2 cases?
- The property is already owned by a non-Bermudian
- One of the units has an ARV over $126,000
According to the Landlord & Tenant Act, Landlords have certain repair obligations for tenancies of less than how many years?
3 years
According to the Landlord & Tenant Act, the landlord is required to keep what 3 things in repair?
- The structure and exterior of the house/apartment
- Any cesspool connected to the property
- Installations for the supply of water, gas, electricity, sanitations, and heating water
According to the Landlord & Tenant Act the landlord is NOT required to keep what 3 things in repair?
- Repairs necessitated by tenant destruction or misuse.
- Destruction due to fire, tempest, flood, or any other inevitable accident.
- Anything that the tenant is entitled to remove from the dwelling.
When does a contract tenancy for a specific period of time terminates?
Without notice at the end of the period.
When do tenancies from year to year be terminated?
Not less than 6 months’ previous notice given at any time after the first year of tenancy.
When do tenancies for successive periods of more than a month and less than a year be terminated?
By notice not shorter than the rental period given at any time after the end of the first rental period.
When do tenancies for successive periods of a month or less be terminated?
At the end of the rental period not less than one month’s previous notice.
When do contracts of tenancy terminable on notice by either party terminate?
On the expiration of notice given in writing and personally delivered to the other party.
When either a tenant or landlord seeks to terminate a tenancy based on the breaches of the other’s obligations what must they do?
Apply to the court for an order to terminate the contract of tenancy.
During an application to terminate tenancy (and before court decision), does the tenancy continue and rights and obligations of parties remain enforceable?
Yes
According to the Landlord Tenant Act, when a premises has not been vacated, is a landlord entitle to compensation?
Yes
Does the Landlord Tenant Act allow the landlord to distrain/seize a tenant’s property?
No
According to the Landlord Tenant Act, if a landlord accepts compensation or past rent after the expiration of a tenancy or notice or oder for the termination does the acceptance operate as a waiver of the notice or a reinstatement or creation of a tenancy?
No, unless the parties so agree.
Which two situations are exempt from the Human Right’s Act?
- Members of the opposite sex can be barred from tenancy if the the whole residency is, or all rooms in a single accommodation are restricted to individuals of the same sex.
- In a building that contains accommodation for three or less families living independently if the owner or family members occupy one such accommodation.
