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Conveyancing Assignment: Hugh Wooding Law School

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COUNCIL OF LEGAL EDUCATION
HUGH WOODING LAW SCHOOL
Academic Year 2022/2023
YEAR II ASSIGNMENT #3
COURSE NAME:
CONVEYANCING AND REGISTRATION OF TITLE
COURSE DIRECTOR:
MRS NISHA MATHURA-ALLAHAR
HWLS STUDENT I.D. NO:
JURISDICTION:
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BARBADOS
1
DAENERYS TARGARAYEN Q.C
Attorney-at-Law
Stormborn House
Andals Street
Bridgetown, Barbados
Tel. No: 246) 436-0092 | Fax No: (246) 549-0614
13th February 2023
“BY REGISTERED MAIL”
Jon Snow
Attorney-at-law
The Wall Chambers
Bridgetown, St Michael
Barbados
Dear Sir,
Re: In the matter of Claim No. CV 01234-2021 between Amy Murphy and Jeff Murphy
property settlement of Matrimonial property situated at Lot 5 Nueva York, in the parish of
St James Deed No. 1234 of 2001.
I refer to the matter at caption in which I act on behalf of the Applicant, Mrs Amy Murphy of Lot
5 Nueva York, St. James, hereinafter referred to as “my client”. My client instituted legal
proceedings against your client Mr Jeff Murphy (hereinafter referred to as “the Respondent”), for
an Application for Financial Relief. As a result, on the 24th day of November 2022, my client
obtained a Decree Nisi and applied to the court for a property settlement of the matrimonial home.
On the 14th day of December 2022, it was ordered by the Honourable Madam Justice Ingrid Young
that the Respondent do convey all his share and interest in the matrimonial property situated at Lot
5 Nueva York, in the parish of St James described in the Deed of Conveyance registered/recorded
as No. 1234 of 2001 subject to the mortgage registered/recorded as No.1235 of 2001 in favour of
M&A Bank to the Petitioner (hereinafter referred to as “the Matrimonial property”) comprising of
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750 square metres. The Respondent shall be responsible for paying all instalments due under the
mortgage until the said mortgage is fully liquidated and discharged.
In compliance with the court order, we have prepared the Deed of Conveyance for your review
and the Respondent’s approval. It was also ordered that the Respondent execute the Deed of
Conveyance to my client within fourteen (14) days of presentation of the said Deed, in default of
which the Registrar of the Supreme Court shall execute for and on behalf of the Respondent.
Lastly, the Respondent shall cover all expenses for preparing and registering the said Deed of
Conveyance.
I have attached to the Deed an office copy of the Order of the Honourable Madam Justice Ingrid
Young dated 14th day of December 2022 (hereinafter referred to as “the said Order”) for your ease
of reference, to be vetted and executed.
Thank you in advance for your careful attention concerning this matter.
Yours faithfully,
DaenerysTargarayen
……………………………….
Daenerys Targarayen Q.C
Attorney-at-Law
Stormborn House
Andals Street
Bridgetown, Barbados
cc: Mr. Jeff Murphy
Encs. (3)
1. Office copy of Order
2. Deed of Conveyance
3. Survey Plan
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Drawn and Prepared by:
DaenerysTargarayen
……………………………….
Daenerys Targarayen Q.C
Attorney-at-Law
Stormborn House
Andals Street
Bridgetown, Barbados
BARBADOS
THIS CONVEYANCE is made the 1st day of February in the Two Thousand and TwentyThree Between JEFF MURPHY of Kingslanding Road in the parish of Christ Church in this
Island (hereinafter called “the Transferor”) of the One Part and AMY MURPHY of Lot 5 Nueva
York, in the parish of St James in this Island (hereinafter called “the Transferee”) of the Other
Part.
WHEREAS
1. The Transferor and the Transferee by virtue of a Conveyance dated the 16th day of January
2001 made between NED STARK of the One Part and JEFF MURPHY and AMY
MURPHY of the Other Part recorded in the Registration Office in this Island as Deed No.
1234 of 2001 (hereinafter refered to as “the said Conveyance”) are the Beneficial owners
of the residential property situate at Lot 5 Nueva York, in the parish of St James containing
by admeasurement 750 square metres as shown and described in the Schedule of the said
Conveyance (hereinafter called “the Property”).
2. By an Order of the High Court of Justice dated the 24th day of November 2022 made by
the Honourable Madam Justice Ingrid Young in Matrimonial Proceedings commended by
the Petition for the dissolution of the marriage (hereinafter called “the Order”) between the
Transferor and Transferee filed on the 6th day of September 2022 whereon the Transferee
was the Petitioner and the Transferor was the Respondent entitled CV No. 01234-2021
between AMY MURPHY v JEFF MURPHY it was odered that the Transferor do convey
to the Transferee his entire share and interest in the Matrimonial property subject to the
mortgage registered as No. 1235 of 2001 in favour of M&A Bank.
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NOW THIS DEED WITNESSETH as follows:1. The Transferor as beneficial owner hereby CONVEYS unto the Tranferee ALL THAT
that half share estate and interest in the Property together with the buildings erected thereon
and the appurtenances thereto belonging TO HOLD the same unto the Transferee in fee
simple to the intent that the Transferee shall henceforth stand seised of the entirety of the
said property free from any estate or right of the Transferor therein subject to the easements
restrictive covenants and conditions mentioned and/or referred to in the
2. The Transferee for himself his heirs executors administrators hereby covenant with the
Transferor that he will during the term of twenty-five (25) years created by the Mortgage
that he will continue to pay the sum of Two Million dollars ($2,000,000.00) for the
mortgage registered as 1235 of 2001 created between the Transferee and Transferor with
M&A Bank and he will duly observe and perform the covenants and conditions contained
in the Mortgage and on the part of the Transferor to be observed and performed and will
indemnify and keep indemnified the Transferor and her estate and effects from and against
all actions, claims and demands whatsoever brought or made by reason of any breach of
non-observance thereof or in anywise relating hereto.
3. In pursuance of the said Order and in consideration of the premises the Transferor herby
agrees and confirms with the Transferee that the above conveyance is in full and final
settlement of all claims of the Transferor with respect to the said marriage.
4. The Transferor hereby attests and declares (as is testified by his being party to and
executing these presents) that he is resident in Barbados for the purpose of the Exchange
Control Act, Chapter 71 of Barbados.
5. The Transferee hereby attests and declares (as is testified by her being party to and
executing these presents) that she is resident in Barbados for the purpose of the Exchange
Control Act, Chapter 71 of Barbados.
6. The Vendor hereby attests and declares (as is testified by his being a party and executing
these presents) that for the purposes of Section 13(2) of the Property Transfer Tax Act,
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Chapter 84A of the Laws of Barbados no input tax has been previously allowed under
Section 46(2) of the Value Added Tax Act, Chapter 87 of the Laws of Barbados.
IN WITNESS whereof this Conveyance is executed under seal the day and year first hereinbefore
written
THE SCHEDULE ABOVE REFERRED TO:
ALL THAT certain lot piece or parcel of land situate at Nueva York, in the parish of St James in
this Island and being the lot number 5 on the Key Plan of Nueva York containing by
admeasurement seven hundred and fifty (750) square metres abutting and bounding towards the
North on a road reserve 10.12 metres wide towards the East on lands of Sansa Stark towards the
South on lands of Ramsey Bolton and towards the West on other portions of a road 18.29 metres
wide or however else the same may abut and abound.
SIGNED SEALED AND DELIVERED by )
the said JEFF MURPHY in the
)
presence of:)
Jeff Murphy
……………………………………
Witness: Tyrion Lannister
Name: Tyrion Lannister
Abode:
Description: Secretary
SIGNED SEALED AND DELIVERED by )
the said AMY MURPHY in the
)
presence of:)
Amy Murphy
……………………………………
Witness: Aemon Greyjoy
Name: Aemon Greyjoy
Abode:
Description: Legal Clerk
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