22/02/2022
SQUATTER’S RIGHTS – Adverse Possession
Did you know that Squatters have rights in Trinidad and Tobago?
A Squatter is defined as a person who settles in or occupies a piece of property with no legal claim, title, right or lease to the property.
You may be wondering now, well how can a squatter have rights to property that they do not own?
Well, the law on Adverse Possession provides for a squatter to acquire good title to property.
Adverse possession is a legal doctrine which allows a person who does not have the paper title i.e. a Deed or Certificate of Title to property to claim a right of possession in the said property which is actually owned by another person who is the paper title owner.
The effect of adverse possession provides this right to a squatter to obtain a good title and even a better title than the true owner.
In order for a squatter to successfully claim adverse possession there are two requirements that must be met.
1. They must prove that they have been in uninterrupted exclusive possession of the disputed property for 16 years or more; and
2. They had an intention to possess the land to the exclusion of all other persons, including the true paper title owner.
Once these requirements are met, they would then be able to acquire a good title by application to the High Court for a Declaration that the they are entitled to possession of the disputed property by virtue of Adverse Possession.
Subsequently they can have the Order registered in the Grant of Certificate of Title.
Were you aware of this Squatter’s Right? Let us know in the comments and share to someone who will like to learn of this right.
Stay tuned for an upcoming post from Attorney Ms. Renea Aaron where she will further speak on this right in detail and how a person can exercise that right.