Buying, selling, giving and mortgaging land in Trinidad and Tobago, under both systems of title: agreements for sale, deeds of conveyance and gift, Certificates of Title, mortgages and releases, deeds of assent, and the disputes between landlords, tenants and neighbours that land produces.
Which of these is you?
- Buying a home or land Title searched, agreement signed, the deed or transfer stamped and registered.
- A first home The first-time homeowner exemption, and how it is claimed. **(amended)**
- Giving land to a child or relative The gift assessed for stamp duty, then registered in time.
- Land still in a dead relative's name The grant first, then the deed of assent.
- A tenant who will not leave, or a landlord pushing you out Which law protects the tenancy, and the notice that starts the process.
- Not sure what title you hold A deed or a Certificate of Title: two systems, dealt with differently.
Ask about this
Have a land or property matter?
Say where the land is, what document you hold for it, and what you want to do.
What this covers
- Agreements for sale the contract that binds buyer and seller before any deed is signed
- Deeds of conveyance the transfer of common-law land, registered at the Land Registry
- Real Property Act dealings transfers and other dealings on a Certificate of Title at the Land Registry
- First registration bringing common-law land under the Real Property Act
- Deeds of gift passing land to family without a sale
- Deeds of assent land passing from an estate to the person entitled to it
- Mortgages and deeds of release the charge over land for a loan, and its discharge when the loan is paid
- Title searches the chain of ownership traced before you commit
- Restrictive covenants and rights of way what a neighbour can stop you doing, and what you may do across their land
- Leases and tenancies commercial and residential, and the protection the law gives tenants
- Landlord and tenant disputes notices, possession and arrears, for landlords and tenants, short of trial
Handled elsewhere
- The trial of a boundary, right of way or tenancy dispute Civil Litigation
- The grant behind a deed of assent Wills, Probate and Administration of Estates
How it works
Everything begins with a consultation. You set out what the land is, what you want to do with it, and what you have been told. That conversation is for working out which system the land is under, what the transaction actually is, and what stands between you and a registered title in your name.
- The title. Searches at the Land Registry, of the registered deeds or of the Register, the chain traced, and every mortgage, covenant and claim against the land found before you are committed.
- The documents. The agreement for sale, the deed or transfer, the stamp duty assessment, and whatever the Registry requires with them.
- Completion. The deed executed, stamped and registered. The money, the keys, and a title that says your name.
In detail
Two systems of title
Land in Trinidad and Tobago is held under one of two systems, and the first thing to learn about any parcel is which. Land under the Real Property Act has a Certificate of Title: the original is kept in the Register at the Land Registry, a duplicate is issued to the owner, and the State stands behind that title. Common-law land has no certificate. Its ownership is proved by a chain of deeds registered at the Land Registry, and a buyer's attorney traces that chain back through the years before saying the title is good.
Buying and selling
A purchase runs in two steps. The agreement for sale binds the parties. The court will not enforce a contract for land unless it, or a note of it, is in writing and signed by the person it is enforced against. A buyer who has acted on an oral agreement may still be able to rely on it, but the agreement should always be written and signed. The deed of conveyance, or the transfer on a Certificate of Title, then passes the land. Between the two sit the searches and completion, when the balance is paid and the deed signed. The signed deed is then stamped and registered; a transfer on a Certificate of Title passes nothing until it is registered.
Stamp duty
Stamp duty is paid by the purchaser to the Board of Inland Revenue, and an unstamped deed cannot be registered: no stamp, no title. It should be paid within two months of the deed's first signature, or penalties are added. First-time home-owners are exempt up to a threshold, on application to the Board. The Act does not define a first-time home-owner, so where two people buy together, whether both qualify is checked with the Board before signing. The Inland Revenue Division provides information on stamp duty (https://www.ird.gov.tt/stamp-duty/FAQs), and the threshold that applies is confirmed with the Board at the time of the purchase.
Family land
Much of the land work in this country is family land. A parent passes a lot to a child by deed of gift. An estate passes land to heirs by deed of assent. Siblings divide a parcel their parents left. These deeds are drawn and registered like any other, and they are where careless paperwork does its most lasting damage: the assent never done, the gift never registered, the boundary agreed by handshake and disputed by the grandchildren.
Tenants
Some tenants have statutory protection, and which rules apply decides everything. The Land Tenants (Security of Tenure) Act protects tenants whose house already stood on rented land, or was being built there, as a home when the Act came into force in 1981; it does not apply to State land or agricultural land, among other exceptions. Those tenancies became thirty-year statutory leases, which could be renewed for a further thirty years by a notice served on or before the day the first term ended in 2011, and the tenant has an option to buy the land. A house-spot tenancy that began later is not covered. Most other tenancies, of homes and business premises alike, rest on the tenancy agreement and the general law: the Rent Restriction Act expired in 2002 and has not been re-enacted.
A landlord who wants possession, or a tenant being pushed out, needs to know which rules apply before a single step is taken. A landlord should not try to recover possession by changing the locks or removing the tenant's things. Using force, threats or intimidation to get in and put out someone in lawful possession, without a court order, is a criminal offence. For a home, possession comes through the court. A statutory lease under the Land Tenants Act is ended through the High Court, sitting as the Act's Land Commission. A commercial lease may give a right of re-entry, but that right is used only on advice. Either way, the process starts with the right notice.
When it goes wrong
Where a boundary, a right of way or a tenancy has to be fought out, that is civil litigation. What is done here is the title read, the deed drawn, the duty paid and the registration made, and, when it has already gone wrong, the finding out how.
Questions
What is a deed of assent?
The deed that passes land from a dead person's estate to the person entitled to it. It can only be signed once a grant of probate or letters of administration has been issued, no stamp duty is charged on it, and it is registered like any other deed. Until it is, the land is still in the deceased's name.
How do I transfer land after someone dies?
If the land was owned by joint tenants, as many couples own their home, it passes to the survivor without a grant; the survivor records the death, or for Real Property Act land applies to be registered as owner. Otherwise, including where a share was owned as a tenant in common, first the grant, then the deed of assent, then registration. The longer the land sits in a dead person's name, the more estates and heirs there are to deal with.
Do I pay stamp duty as a first-time homeowner?
Not up to a threshold, if you apply to the Board of Inland Revenue and qualify. If you are buying with someone else, check with the Board before signing whether you both qualify. The threshold is set by Parliament and has changed more than once, so it is confirmed with the Board at the time of the purchase; the Inland Revenue Division provides information on stamp duty (https://www.ird.gov.tt/stamp-duty/FAQs).
What is the difference between a deed and a Certificate of Title?
Two systems of ownership. A Certificate of Title, under the Real Property Act, records ownership in the Register at the Land Registry, with a duplicate issued to the owner, and the State stands behind it. A deed is one link in a chain of registered documents that together prove who owns common-law land. Both are good title. They are dealt with differently.
Is my deposit refundable?
It depends on what it is for and who failed to complete. A true deposit is a sign of commitment, and a buyer who walks away without cause usually forfeits it. A seller who cannot complete returns it. A deposit well above the usual amount must be justified by the seller; if it cannot be, it is treated as a penalty, and the seller keeps only what the buyer's default actually cost. The agreement for sale should say, and it is read before you sign it, not after.
Can I give land to my child without selling it?
Yes, by deed of gift. It must be assessed and stamped by the Board of Inland Revenue, then registered within twelve months of signing: until it is, it passes nothing, and late registration carries penalties. The Inland Revenue Division provides information on stamp duty (https://www.ird.gov.tt/stamp-duty/FAQs).
My tenant will not leave.
Then the first question is which law protects them, because that changes everything. Do not change the locks or remove the tenant's things. Using force, threats or intimidation to get in and put out someone in lawful possession, without a court order, is a criminal offence. For a home, possession comes through the court, after the right notice has been served. A statutory lease under the Land Tenants Act can be ended only by the High Court, sitting as the Land Commission, and only on the grounds the Act allows.
