Transfer of Property Act at Saint Helena, Ascension and Tristan da Cunha (BOT)
Got it — you're asking about the Transfer of Property Act in Saint Helena, Ascension, and Tristan da Cunha (which is a British Overseas Territory, or BOT).
Here’s the situation:
There is no specific "Transfer of Property Act" in Saint Helena, Ascension, and Tristan da Cunha similar to the Indian Transfer of Property Act, 1882.
English common law forms the basis of property law there, along with local ordinances.
More specifically:
1. Legal Foundation
Under the Saint Helena, Ascension and Tristan da Cunha Constitution Order 2009, the law includes:
English common law and equity principles, as applicable to local circumstances.
Local ordinances passed by the Legislative Council (Saint Helena) or other local governing bodies.
Property ownership, sale, lease, and transfer mainly follow British real property law principles, adapted by local laws.
2. Property Transfer Rules
Any transfer of land/property must typically be:
In writing (similar to English law).
Registered with the Land Registry (especially in Saint Helena).
On Saint Helena, for example, land matters are administered by the Land Registry, which is governed by local regulations.
For Ascension and Tristan da Cunha, land is often government-owned, and private ownership is very restricted — often only leases are granted.
3. Important Regulations
Land Planning and Development Control Ordinance, 2013 (Saint Helena) — covers development rights, not directly transfers, but is important when land changes use.
Crown Lands — In many cases, land is considered Crown land, especially in Tristan da Cunha and Ascension, meaning private sale or transfer is either forbidden or tightly controlled.
4. Foreign Ownership
Foreigners' rights to own land are usually restricted.
Permission must often be obtained from the Governor or relevant local authority.
Quick Summary:
| Feature | Details |
|---|---|
| Specific Act | No standalone "Transfer of Property Act" |
| Main Law | English common law + local ordinances |
| Transfer Requirements | Written deed + Land Registry registration (Saint Helena) |
| Land Ownership | Heavily government-controlled (especially on Ascension & Tristan da Cunha) |
| Foreigners' Rights | Restricted |
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