16/05/2023
; LAND TITLE SYSTEMS IN TRINIDAD AND TOBAGO
There are two (2) systems of law under which land is held in Trinidad & Tobago:
old law or common law system of conveyancing; and
the Torrens system of registered conveyancing or the Real Property Act Chapter 56:02 (R.P.A.) system of conveyancing.
Old Law System
Most of the land in Trinidad & Tobago is still held under the old law system which is based on the English common law as modified from time to time by statute, including the Conveyancing and Law of Property Act, Chapter 56:01.
Under this system, original deeds are lodged at the Deeds Registry of the Registrar General’s Department. Searches are conducted at the Registrar General’s Department to trace the Vendor’s title and confirm whether the Vendor holds good and marketable title to the property. In assessing whether the Vendor has good and marketable title to the property, the Purchaser’s Attorney or Search Clerk prepares an ‘Abstract of Title’ which comprises:
a list of documents;
facts;
events setting out the history of ownership of the property; and
all dealings with the property over a period of at least twenty (20) years.
The first document contained in the Abstract is called the Root of Title. Thereafter, in order for good title to be constituted, there must be, in chronological order, a chain of title that continues from the root to the Vendor, free from all encumbrances and without any breaks in the chain of title.
Title to property may be either freehold or leasehold. If the property is leasehold, the long term leases may contain a term of years can varying from 25 years and up to 999 years. In either case, the Purchaser’s Attorney will confirm what documents may be required in order to effectively vest the title to the property in the Purchaser.
Important notice: this post does not constitute or provide legal advice