Property Law

Louise Charleson
It may seem obvious to practitioners that where there is no mortgage on a property, the legal owner is entitled to retain the title deeds to the property. However, it was recently argued in a dispute over whether a deposit could be forfeited by the vendor in a failed property transaction that the purchaser’s attorneys should be permitted to hold onto the title deeds until the vendor returned the full deposit.

Andrew A. Martin
As we celebrate 400 years of the first recorded session of the Supreme Court of Bermuda (formerly known as the Court of General Assize), it seems fitting to reflect on the Island’s long legal history and culture. This is the first of a series of short reflections on our legal history illustrated by a number of early legal documents pertaining to Bermuda which have been recently acquired. [Note: The documents referred to in this series were acquired from Anthony Pettit, a notable dealer in antique books, maps and documents in Bermuda.]

Land tax payments scrutinized on newly built properties… This civil case has been ongoing for several years concerning the owners (“the Banks”) and their property named “Gatewood” in Paget. The Banks disputed the annual rental value (“ARV”) which was allocated to their newly built home by the Land Valuation department. The two contentious point of law in this case were: