Tacit Hypothec Amendment Act
- Commenced on 10 June 1891
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
1. Short titleThis Act may be cited as the Tacit Hypothec Amendment Act [Chapter 6:05].
2. Hypothecation of State for arrear rents or taxes limitedThe tacit hypothecation possessed by the State upon the estates of persons indebted to the State for the arrears of any rent or other periodical payment issuing out of land, or for the arrears of any tax or other periodical payment of a like nature, shall in no case be claimable for any sum exceeding a sum equal to three whole years of such rent, tax or other payment.
3. Hypothecation of minors and insane persons on estates of guardians and curators limitedThe tacit hypothecation possessed by minors upon the estates of their guardians, and by mentally disordered or defective persons, persons adjudged prodigals and interdicted persons, upon the estates of their curators, in security of the debts due and owing by such guardians or curators in their said capacities, shall only subsist for and during a period of three years, reckoned, in the case of minors from the day on which they attained their majority, and in the case of the other persons aforesaid from the day on which they ceased to be under curatorship:Provided that if the person entitled to any such hypothecation is absent from Zimbabwe at the time when he becomes of age or ceases to be under curatorship, as the case may be, he shall be entitled to such hypothecation for and during a period of three years from the day of his return to Zimbabwe but in no case shall any such hypothecation subsist for a longer period than five years, whether the person who was absent at the time aforesaid returns to Zimbabwe or not.
4. Hypothecation of legatees on estates of testators limitedThe tacit hypothecation possessed by legatees in security of their legacies upon the estates of the testators by whom the legacies were bequeathed shall subsist only for a period of twelve months, reckoned from the day on which such legacies became due or demandable:Provided that if upon such last-mentioned day any legatee is a minor or under coverture or absent from Zimbabwe, such legatee shall be entitled to such hypothecation for a period of twelve months, reckoned from the period when such disability ceases; but in no case shall any such hypothecation subsist for a longer period than five years, whether such disability has ceased during that period or not; unless in the case of a person who is a minor when such period of five years expires, in which case such person shall have a further term of three years, after attaining his majority, in which to claim the benefit of the tacit hypothecation.
5. Hypothecation to survive in favour of heirIf any person entitled to any such tacit hypothecation as aforesaid dies at any time before such hypothecation has under this Act expired, the heirs or executors of such person shall possess such hypothecation for the same time that the person so dying would, if living, have possessed it:Provided that every such heir and executor shall have a term of not less than twelve months next after the death of such person so dying within which to claim the benefit of such tacit hypothecation.
6. This Act not to give rights of hypothecation not possessed by lawNothing in this Act contained shall be construed so as to give to any person whomsoever any greater or other tacit hypothecation than he would by law possessed if this Act had not been passed, nor to impair or affect the validity of any debt considered as a concurrent debt which may be due to any person who by virtue of this Act has ceased to possess a tacit hypothecation in security for such debt.
7. Certain tacit hypothecations abolishedThe following tacit hypothecations are hereby abolished—
8. Tacit hypothecation on fixed property extinguished by saleNo house, farm or other fixed property shall, after transfer thereof to a purchaser who purchased the same by a true and bona fide bargain for valuable consideration, be subject to any tacit hypothecation to which it might have been subject in the hands of some former owner of the said property:Provided that—
History of this document
10 June 1891