Real Property
REAL PROPERTY ACT

CHAPTER 56:02

LAWS OF TRINIDAD AND TOBAGO

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–99 ..

L.R.O.

Ordinances
No. 20 — 1945
No. 41 — 1947
No. 47 — 1950

Amended by
25 of 1955
*5 of 1973 (By implication)

*47 of 1980
*24 of 1981
†10 of 1986
*20 of 1986 (By implication)
†15 of 1988

77/1997
*16 of 2000

71 of 2000
*11 of 2003 (By implication)

* See Note on page 2
†Act No. 10 of 1986 was repealed by Act No. 15 of 1988

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Note on Subsidiary Legislation

This Act contains no subsidiary legislation.

(A) Note on Act No. 47 of 1980

Section 8 of Act No. 47 of 1980 provides as follows:
8. From the date of the coming into operation of the first Revised Edition of
the Laws of Trinidad and Tobago under the Law Revision Act, 1979, any fine
(within the meaning of paragraph 1 of the Second Schedule to the said Act)
prescribed by a written law of Trinidad and Tobago not published in the said
Revised Edition shall be increased in accordance with the provisions of
paragraph 1(b), (c) and (d) of the Second Schedule to the said Act.”.

(B) Note on Act No. 24 of 1981 and Act No. 16 of 2000
The Land Registration Act, 1981 (Act No. 24 of 1981) repealed (in the First Schedule) the
Ordinance. However, Act No. 24 of 1981 was never brought into operation and was subsequently
repealed by the Registration of Titles to Land Act, 2000 (Act No. 16 of 2000) which also has
not yet been brought into operation.

(C) Note on Act No. 11 of 2003

Section 3 of Act No. 11 of 2003 provides as follows:
3. (1) A lease of State lands that was registered under the Ordinance after the
27th day of October, 2000 but before the commencement of the State Lands
(Amendment) Act, 2003—
(a) is valid and lawful to the extent that it would have been valid and lawful

had the Ordinance provided for such registration; and
(b) shall continue to be treated with, in accordance with the Ordinance,

and such treatment shall be valid and lawful to the extent that it would have been, had the Act
provided for the registration of the said lease.

(2) Any act, omission, right, privilege, title, interest, duty, liability or proceeding
arising out of a lease of State lands that was registered under the Ordinance after the 27th day
of October, 2000 but before the commencement of the State Lands (Amendment) Act, 2003,
is valid and lawful to the extent that it would have been valid and lawful had the Ordinance
provided for the registration of the said lease.”.

N.B. In (B) and (C) above, the word “Ordinance” refers to the Real Property Ordinance before it was revised.

(D) Note on Act No. 5 of 1973

See Section 4 (4) of Act No. 5 of 1973 with respect to the registration of Deeds under this Act.

(E) Note on Act No. 20 of 1986

See Section 25 (1) of Act No. 5 of 1986 with respect to the execution of lease of State Lands.

“Validation of
certain leases
registered
under the
Ordinance.
Act. No. 10
of 2003.

“Increase of
fines.
[44 of 1979].

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LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 3

CHAPTER 56:02

REAL PROPERTY ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.

PART I

PRELIMINARY
3. Judges to deal with applications.
4. Registrar General’s Department.
5. Examiners of Title.
6. Powers of Registrar General.

Production of documents.
Appearance of parties.
Oaths.
Correction of errors.
Caveat.
Other powers.

PART II

BRINGING LAND UNDER THE ACT
7. Unalienated land.

7A. (Repealed by Act No. 15 of 1988).
8. Alienated land.
9. Exceptions.

10. Application.
11. Map.
12. Case of original grantee.
13. Examiner’s report privileged.
14. Case of perfect title.
15. Case of imperfect title.
16. Notice in the Index of Deeds.
17. Notice of applications.
18. Possessory title.
19. Bringing land under the Act.

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20. Failure of notice.
21. Notice by registered letter.
22. Caveat.
23. Effect of caveat.
24. Lapse of caveat.
25. Withdrawal of application.
26. Cancellation of instruments of title.
27. Death or insanity of applicant.
28. Notice to incapable persons.
29. Assurance Fund.
30. Appropriation Book.

PART III

REGISTRATION
31. Register Book.
32. Certificate of title.
33. Map on certificate of title.
34. Rules as to maps.
35. Land subject to lease.
36. Registration of reversion on lease already registered.
37. Effect of certificate of title.
38. Registration of grants and certificates of title and other documents.
39. Instruments for registration to be prepared by Attorney-at-law.
40. Instruments—Priority of.
41. Covenant implied.
42. Memorial of instruments in Register Book.
43. Effect of certificate of memorial.
44. Effect of registration of instruments.
45. Conclusiveness of registration.
46. Savings rights of State.
47. Land resumed or acquired by State.
48. Uniformity of instruments and registration.

Incorporation of the provisions of certain registered Deeds.

ARRANGEMENT OF SECTIONS—Continued

SECTION

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PART IV

TITLE BY POSSESSION OF LAND,
REMOVAL OF ABANDONED EASEMENTS

49. Application for vesting order by person claiming title by possession.
50. Affidavit.
51. Copy to be posted.
52. Directions by a Judge.
53. Power to dismiss application.
54. Intervention.
55. Power to make vesting order.
56. Consequential directions.
57. Contribution to Assurance Fund.
58. Duties of Registrar General as to cancellation.
59. Removal of easement or other encumbrance.
60. Easement or other encumbrance extinguished to be cancelled.
61. Certificate of entry void for fraud.

PART V

TRANSFERS AND OTHER DEALINGS
62. Memorandum of transfer.
63. Endorsement.
64. Memorial of easement.
65. Cancellation of exhausted certificate of title.
66. Disposal of cancelled certificate.
67. Transfer of leaseholds.
68. Transfer by endorsement.
69. Certificate of title on transfer.
70. Implied covenant on transfer.
71. Rights and liabilities of transferee.
72. Rights of transferee of debt, etc.
73. Transfer to wife or husband or to oneself jointly with another.

Creation and execution of powers; limitations of estates.
74. Joint tenant.
75. Tenants in common.

SECTION

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76. Registration on survival or vesting of estate in possession.
77. Married women.
78. Lands sold under authority of an Ordinance, Act.
79. Merger.

PART VI

LEASES AND SUB-LEASES
80. Memorandum of lease.

Sub-lease.
81. Registration of lease and sub-lease.
82. Endorsement of memorial of lease and sub-lease.
83. Surrender or determination of lease and sub-lease.
84. Covenants implied in lease and sub-lease.
85. Powers of lessor and sub-lessor.
86. Determination of lease and sub-lease.

PART VII

MORTGAGES AND ENCUMBRANCES
87. Memorandum of mortgages and encumbrances.

Sub-mortgage.
88. Powers of mortgagees and chargees.
89. Priority.
90. Transfer under statutory power of sale.
91. Foreclosure.
92. Implied covenants in leases or sub-leases or mortgages.

Fire Insurance.
Shop.
Offensive Trade.
Assign or sublet.
Timber.

93. Discharge of mortgage or encumbrances.
94. Determination of encumbrance.
95. Mortgagee to produce grant for registration of subsequent instrument.
96. Foreclosure or sale under power.
97. Discharge of mortgage in cases of death, insanity or absence of

mortgagee.
98. Dower.

ARRANGEMENT OF SECTIONS—Continued

SECTION

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PART VIII

POWERS OF ATTORNEY
99. Appointment of attorney.

100. Revocation of power of attorney.

PART IX

JUDGMENTS, LIS PENDENS
EXECUTION AND FORFEITURE

101. Judgments and lis pendens.
102. Execution.
103. Forfeiture and change of ownership.
104. Regrants.

PART X

TRANSMISSION ON BANKRUPTCY,
INSOLVENCY AND INSANITY

105. Registration of trustee in bankruptcy or liquidator.
106. Disclaimer of onerous property.
107. Registration of committee of insane person.

PART XI

TRANSMISSION ON DEATH
108. Devolution of land: Power of personal representatives to deal

with land.
Power of appointment.
Right of personal representatives to be registered as proprietors.
Administrator General may be registered as proprietor in certain cases.

109. Personal representatives to hold as trustees for beneficiaries.
110. Charges created by Will to be registered.
111. Order of administration of assets.
112. Assent to devise.
113. Order for registration of beneficiary.
114. Fee on transfer by personal representatives.
115. Registration of assent.
116. Registration of personal representatives in respect of mortgage,

encumbrance or lease.
117. Estate and succession duties.

SECTION

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PART XII

TRUSTS

118. No entry of trusts in Register Book.
119. Proceedings by beneficiary for registration.
120. “No survivorship”.
121. Order for transfer “where no survivorship”.
122. Vesting orders.
123. Trustee must lend his name to beneficiary.
124. Change in trustees of Friendly Societies.

PART XIII

CAVEATS AGAINST DEALINGS WITH
LAND UNDER THE ACT

125. Caveats by beneficiaries and others.
126. Procedure on caveat.
127. No dealings while caveat in force.
128. Frivolous caveat.
129. A caveat on behalf of a beneficiary under a Will or settlement need

not be removed to admit registration of a dealing authorised by the
Will or settlement.

PART XIV

INSTRUMENTS—THEIR EXECUTION,
CORRECTION, SUBSTITUTION, LOSS, ETC.

130. Mode of execution and effect of instrument.
131. Attestation of instruments in Trinidad and Tobago.
132. Attestation of instruments out of Trinidad and Tobago.
133. Execution of instrument by marksman.
134. Consolidation and sub-division of certificates of title.

Certificate of title of mines, minerals and quarries.
New certificate of title on transfer of mines, minerals and quarries.
Certificate of title to leaseholds.

ARRANGEMENT OF SECTIONS—Continued

SECTION

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135. The Registrar General may dispense with duplicate grants, etc., in
certain cases.

136. Provision in case of lost grant or certificate of title.
137. Variation of instruments.
138. Correction of errors.
139. Procedure to compel delivery up of instruments.
140. Failure to deliver up instrument.

PART XV

INDEFEASIBILITY OF TITLE
AND REMEDIES OF PERSONS INJURED

141. Transfers and other dealings good notwithstanding notice of trust or
unregistered interest.

142. Certificate of title conclusive as to matters therein stated.
143. No action against proprietor for ejectment or recovery of land.
144. Compensation for improvements.
145. Damages for ejectment.
146. Savings for purchasers for value.
147. Power of Court to direct cancellation or making of entries, etc.
148. Damages for error of Registrar General, etc.
149. Payment of damages.
150. Limitation of actions.
151. Recovery of amount paid from estate of deceased, bankrupt

or insolvent.
152. No compensation for loss from breach of trust, nor from

misdescription, except in certain cases.
153. Saving of Registrar General from personal liability.

PART XVI

OFFENCES
154. Frauds.
155. Saving of civil remedies.
156. Prosecutions.
157. Recovery of moneys due under Act.

SECTION

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PART XVII

MISCELLANEOUS
158. Fees.

Searches and copies.
159. Registrar General subject to directions of Judge.
160. Rules as to procedure and practice.

Professional charges
161. Stay pending appeal.
162. Alteration of forms.

PART XVIII

MAINTENANCE OF RECORDS IN
ELECTRONIC FORM

163. Transitional provisions.
164. Modification of this Act to facilitate maintenance of records

electronically.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE — PART I, PART II, PART III, PART IV.
FOURTH SCHEDULE.
FIFTH SCHEDULE—(Repealed by Act No. 15 of 1988).

ARRANGEMENT OF SECTIONS—Continued

SECTION

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Real Property Chap. 56:02 11

CHAPTER 56:02

REAL PROPERTY ACT

An Act relating to the Registration of Titles to land.

[1ST JANUARY 1946]

1. This Act may be cited as the Real Property Act.

2. (1) In this Act —
“applicant” means the person applying for a certificate of title;
“caveator” means the person lodging a caveat with the Registrar

General;
“charge” includes any charge on land created for the purpose of

securing the payment of an annuity or sum of money;
“Court” means the Supreme Court;
“encumbrance” includes all prior estates, interests, rights, claims

and demands which can or may be had, made or set up in or
upon or in respect of the land;

“encumbrancer” means the person in whose favour an
encumbrance subsists;

“endorsement” on any instrument, includes any writing which,
owing to want of space on the back of such instrument, has
been written on a paper attached thereto, and “endorsed” has
a corresponding meaning;

“grant” means any State grant of land;
“grant” and “certificate of title” respectively include the duplicate

grant or certificate of title;
“incapable person” includes any married woman who is under

the law for the time being in force under any legal
incapacity so far as she is under such incapacity, an infant,
an insane person, a person of unsound mind, and any other
person who is under any legal incapacity so far as he is under
such incapacity;

Ordinances
No. 20—1945.
" 41—1947.
" 47—1950.

Commencement.

Short title.

Interpretation.

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“insane person” means any person who shall have been found to
be insane upon enquiry by the Court, or upon a commission
of enquiry, issuing out of any Court of competent
jurisdiction, in the nature of a writ de lunatico inquirendo;

“instrument” means any grant, certificate of title, conveyance,
assurance, Deed, map, plan, Will, Probate, Letters of
Adminstration, or exemplification of Will, or any other
document in writing relating to the transfer or other dealing
with land or evidencing title thereto;

“Judge” means a Judge of the Court;
“land” means land, messuages, tenements, and hereditaments,

corporeal and incorporeal, of every kind and description, or
any estate or interest therein, together with all paths,
passages, ways, watercourses, liberties, privileges,
easements, plantations, gardens, mines, minerals, and
quarries, and all trees and timber thereon or thereunder lying
or being, unless any such are specially excepted;

“memorial” means the endorsement on a grant or certificate of
title and on the duplicate thereof of the particulars of any
instrument registered under the provisions of this Act;

“mortgage” means any charge on land for securing a debt;
“mortgagee” means the person in whose favour land stands

charged to secure a debt;
“mortgagor” means the proprietor of land or of any estate or

interest in land mortgaged;
“person of unsound mind” means any person, not an infant, who,

having not been found on enquiry to be an “insane person”
shall be incapable from infirmity of mind to manage his own
affairs;

“personal representative” means executor or administrator, and
includes the Administrator General;

“proprietor” means any person seised or possessed of any freehold
or other estate or interest in land, whose name appears or is
entered as the proprietor thereof in the Register Book, in
possession or in futurity or expectancy;

“registered” means registered under this Act, and “registration”
has a corresponding meaning;

“Registrar General” means the Registrar General of Trinidad and
Tobago and includes every Deputy Registrar General;

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Real Property Chap. 56:02 13

“transfer” includes transfer without valuable consideration;
“transmission” means the acquisition of title to any estate or

interest in land consequent on the death, Will, intestacy,
bankruptcy or insolvency of a proprietor.

(2) In any certificate of title or instrument issued or
registered by the Registrar General under this Act, and intended to
create, charge, or transfer an estate in fee, the proper words of
succession or inheritance shall be implied.

PART I

PRELIMINARY

3. The Judges shall deal with all applications for bringing
land under the provisions of this Act, and for other the purposes
hereinafter declared.

Subject to such rules as may from time to time be in force and
relating to such applications, all such applications may be heard
and determined by any Judge in Chambers.

4. The department of the Registrar General shall be the
department authorised to carry into execution the provisions of
this Act, and the Registrar General and the other officers and clerks
of the said department shall perform all the duties of their respective
offices under this Act.

5. The President may appoint one or more persons, being
Attorneys-at-law, to be, in addition to the Registrar General,
Examiners of Title, hereinafter called “Examiners”, to advise and
assist in carrying out the provisions of this Act.

6. The Registrar General may exercise the following powers:
(a) he may require the applicant or other person

making or concurring in any application to have
any land brought under the provisions of this Act,
or the proprietor or mortgagee or any other
person interested in any land under the provisions
of this Act in respect to which any transfer, lease,
mortgage, encumbrance, or other dealing or any

Judges to deal
with
applications.

Registrar
General’s
Department.

Examiners of
Title.

Powers of
Registrar
General.

Production of
documents.

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release from any mortgage or encumbrance, is
about to be transacted, or in respect of which any
transmission or other matter is about to be
registered under this Act, to produce any
instrument affecting such land or title thereto in
his possession or custody or within his control,
and to furnish him with the dates and protocol
numbers of Deeds and other instruments affecting
such land or the title thereto, and may require any
person having any such instrument in his
possession or custody or within his control and
power, to produce such instrument for the
purpose required;

(b) he may require any such applicant, proprietor,
mortgagee, or other person as aforesaid to appear
and give any explanation respecting such land or
the instruments affecting the title thereto; and if,
upon requisition in writing made by the Registrar
General, such applicant, proprietor, mortgagee,
or other person refuses or wilfully neglects to
produce any such instrument, or to allow the same
to be inspected, or wilfully refuses or neglects to
give any explanation which he is hereinbefore
required to give, or knowingly misleads or
deceives any person hereinbefore authorised to
demand any such explanation, he shall, for each
such offence, be liable, on summary conviction,
to a fine of four hundred and eighty dollars; and
the Registrar General, if the instrument or
information so withheld appears to him material,
shall not be bound to proceed with the bringing
of such land under the provisions of this Act, or
with the registration of such transfer or other
dealing, as the case may be;

(c) he may administer oaths or may take a statutory
declaration in lieu of administering an oath;

(d) he may, upon such evidence as shall appear to
him sufficient in that behalf, correct errors in

Appearance of
parties.

Oaths.

Correction of
errors.

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Real Property Chap. 56:02 15

grants or certificates of title or in any plan thereto
annexed, or in the Register Book or any plan
therein included, or in entries made therein
respectively, and may supply entries omitted to
be made under the provisions of this Act: Provided
that in the correction of any such error, he shall
not erase or render illegible the original words or
lines, and shall affix the date on which such
correction was made or entry supplied, with his
initials, and every grant or certificate of title so
corrected, and every entry so corrected or supplied
shall have the like validity and effect as if such
error had not been made or such entry omitted,
except as regards any entry made in the Register
Book prior to the actual time of correcting the
error or supplying the omitted entry: Provided
also, that he shall not correct any error which is
not in his opinion a clerical error without the order
of a Judge to be obtained by the party requiring
such correction;

(e) he may enter a caveat on behalf of any incapable
person, or any person absent from Trinidad and
Tobago or any person whom he may believe to
be so incapable or absent, or on behalf of the State,
to prohibit the transfer of or dealing with any land
belonging or supposed to belong to any such
person, and also to prohibit the transfer of or
dealing with any land either by the proprietor or
generally, in any case in which it shall appear to
him that an error has been made by misdescription
of such land or otherwise in any grant or certificate
of title or other instrument, or that such land has
been forfeited under the Lands and Buildings
Taxes Act, or for the prevention of any fraud or
improper dealing;

(f) he may exercise all powers necessary or incidental
to the proper exercise of any power vested in him.

Caveat.

Ch. 76:04.

Other powers.

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PART II

BRINGING LAND UNDER THE ACT

7. All State lands, and all lands set apart for public purposes
remaining unalienated from the State, shall when granted in fee
simple or in fee tail, be subject to the provisions of this Act. The
grants of such land shall be in duplicate, and every such grant, in
addition to proper words of description, shall contain a map of the
land thereby granted on the prescribed scale, and shall be delivered
to the Registrar General, who shall, subject to the provisions of
this Act, register the same in manner hereinafter directed.

*7A. (Repealed by Act No. 15 of 1988).

8. Land alienated from the State in fee simple or in fee tail
(whether such land shall constitute the whole or only part of the
land included in any grant), and all other lands within Trinidad
and Tobago, except those dealt with in the last preceding section,
may, if not already under the provisions of this Act, be brought
thereunder in the following manner; that is to say, the Registrar
General shall receive application in Form A of the First
Schedule, if made by any of the following persons, and subject
to the provisions of the next succeeding section:

(a) by any person claiming to be the person in whom
the fee simple in possession, or the fee tail, either
at law or in equity, or a general power of
appointing by Deed such fee simple in possession,
is vested: Provided that wherever trustees seised
in fee simple have no express power to sell the
land which they may seek to bring under the
provisions of this Act, the person claiming to be
beneficially entitled for the first life estate or other
greater estate than a life estate in the said land
shall join in or otherwise consent to such
application: Provided also, that if by the instrument
creating the trust, or conferring the power of sale,
the consent of any person to a sale is necessary,
such person shall consent to the application;

Unalienated
land.
[10 of 1986
15 of 1988].

Alienated land.

Form A.
First Schedule.

*Section 7A which was inserted by Act No. 10 of 1986 was repealed by Act No. 15 of 1988.

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(b) by any person claiming a life estate in possession
or a leasehold for a life or lives, or having a term
of not less than twenty-one years then current:
Provided that, except in the case of an application
by a lessee as regards the concurrence of his
lessor, all persons claiming to be beneficially
entitled in reversion or remainder shall join in
such application.

9. No application under the last preceding section shall be
received from any person claiming to be entitled jointly with
another or others to any land or to be entitled to an undivided share
of any land, unless such other person or persons jointly entitled to
such land or entitled to the remaining undivided share or shares
therein, shall join in such application and apply to have the entirety
of such land brought under the provisions of this Act; nor from the
mortgagor of any land, unless the mortgagee shall join in such
application; nor from the mortgagee of any land, except as aforesaid
or when exercising a power of sale contained in the mortgage Deed,
or any statutory power of sale, and the certificate of title is to be
issued in the name of the purchaser; nor for any land subject to the
lien of any judgment creditor, unless such creditor shall consent to
such application: Provided that the father, or, if the father be dead,
the mother or other guardian, of any infant, or the committee or
guardian of any insane person or person of unsound mind, may
make such application in the name of such incapable person:
Provided also that no application shall be entertained in respect of
any land which is in adverse occupation.

10. Every applicant shall, when making his application, deposit
with the Registrar General all instruments or copies of instruments
in his possession, or under his control, constituting or in any way
affecting his title, and shall furnish a schedule of such instruments
and also, if required, an abstract of title, and shall in his application
state the nature of his estate or interest and of every estate or interest
held therein by any other person whether at law or in equity, in
possession or in futurity or expectancy, and whether the land be
occupied or unoccupied, and, if occupied, the name and description
of the occupant, and the nature of his occupancy, and whether such
occupancy be adverse or otherwise, and shall state the names and
addresses of the occupants and proprietors of all lands contiguous
to the land in respect of which the application is made so far as

Exceptions.

Application.

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LAWS OF TRINIDAD AND TOBAGO

18 Chap. 56:02 Real Property

known to him, and that the schedule so furnished includes all
instruments of title to such land in his possession, or under his
control, or of which he has knowledge, and shall make and
subscribe, a statutory declaration as to the truth of such statement,
and such applicant may, if he thinks fit, in his application require
the Registrar General, at the expense of such applicant, to cause
personal notice of his application to be served upon any person
whose name and address shall for that purpose be therein stated.

11. Every application shall be accompanied by a map of the
land therein referred to, prepared and certified in accordance with
the prescribed provisions.

12. Upon the receipt of such application by the Registrar
General, the title of the applicant shall be examined and reported
upon by the Registrar General or an Examiner, and the case shall
thereupon be referred to a Judge for his consideration, and if it
shall appear to the Judge that the applicant is the original grantee
from the State of the land in respect to which application is made,
and that no sale, mortgage, or other encumbrance or transaction
affecting the title of such land has at any time been registered in
Trinidad and Tobago, and that such applicant has not required notice
of his application to be served personally upon any person, then and
in such case it shall be lawful for the Judge to direct the Registrar
General to bring such lands under the provisions of this Act
forthwith, by issuing to the applicant, or to such person as he or the
person applying in his behalf may by writing under his hand direct,
a certificate of title for the same as hereinafter described.

13. Any report made by the Registrar General or an Examiner
to a Judge shall be privileged, and shall not be liable to inspection
or production.

14. Where the applicant is not the original grantee from the
State, if it shall appear to the satisfaction of a Judge that the land in
respect to which application has been made is held by the applicant
for the estate or interest described in such application free from
mortgage, encumbrance, or other beneficial interest affecting the

Map.

Case of
original grantee.

Examiner’s
report
privileged.

Case of
perfect title.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 19

title thereto, or, if any such mortgage, encumbrance, or interest
remain unsatisfied, that the parties interested therein are also parties
to such application, and that the said land is not in adverse
occupation, and that the applicant has not required notice of his
application to be served personally on any person, then and in such
case the Judge shall direct the Registrar General to cause notice of
such application to be advertised at the expense of the applicant,
three times at least in one daily newspaper published in Trinidad
and Tobago at such dates as he shall direct, and shall further limit
and appoint a time, not less than fourteen days nor more than twelve
months from the date of the first of such advertisements in the
daily newspaper, upon or after the expiration of which the Registrar
General shall, if the directions so given as aforesaid have been
complied with, and unless he shall in the interval have received a
caveat forbidding him so to do, proceed to bring such land under
the provisions of this Act.

15. If it shall appear to the satisfaction of a Judge that any
parties interested in any unsatisfied mortgage or encumbrance
affecting the title to such land, or beneficially interested therein,
are not parties to such application, or that the evidence of title set
forth by the application is imperfect, or that the applicant has
required notice of his application to be served personally upon
any person, then and in such case it shall be lawful for the Judge to
reject such application altogether, or to refuse to make any final
order thereon until the applicant shall have complied with such
conditions as he shall think fit to impose, and in such case to refer
such application back to the Registrar General or at his discretion
to direct the Registrar General to cause notice of such application
to be served in accordance with such requirement upon all persons
who shall appear to him to have any interest in the land which is
the subject of such application, and to be advertised three times at
least in one daily newspaper published in Trinidad and Tobago,
and in such newspapers published elsewhere as to such Judge may
seem fit; and the Judge shall specify the number of times, and at
what intervals, such advertisements shall be published in each or
any of such papers and shall also limit and appoint a time, not less
than one month nor more than two years from the date of the first
of such advertisements in the daily newspaper, upon or after the

Case of
imperfect title.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

20 Chap. 56:02 Real Property

expiration of which it shall be lawful for the Registrar General to
bring such land under the provisions of this Act, unless he shall in
the interval have received a caveat forbidding him to do so, and
may amend or vary any order previously made: Provided that the
Registrar General may, after settling such advertisements as shall
have been directed, require the applicant to procure their due
publication, and he shall not bring the land comprised in the
application under this Act until satisfied that such advertisements
have been duly published.

16. When any land is brought under this Act in pursuance of
an Order made under either of the two last preceding sections, the
Registrar General shall make an entry in the Index of Deeds under
the names of the persons on whose application such Order was
made, and such entry shall, for all purposes for which the
registration of a Deed is notice, be deemed to be notice that the
land has been brought under the provisions of this Act.

17. The Registrar General shall, under such direction as
aforesaid, or under any order of the Court, cause notice to be
published, in such manner as by such direction or order may be
prescribed, that application has been made for bringing the land
therein referred to under the provisions of this Act, and shall also
cause a copy of such notice to be posted in a conspicuous place in
his office and in such other places as he may deem necessary, and
shall forward, by registered letter through the Post Office, a copy
of such notice addressed to the persons, if any, whom a Judge
shall have directed to be served with such notice, and to the persons,
if any, stated in the declaration by the applicant to be in occupation
of such land or to be occupiers or proprietors of land contiguous
thereto, so far as his knowledge of the addresses of such persons
may enable him, and in case such applicant shall have required
any such notice to be personally served upon any person named in
his application, then and in such case the Registrar General shall
cause a copy of such notice to be so served upon such person.

18. On any application to bring land under this Act on a title
claimed by possession, the applicant shall post on the land the
subject of the application, or at such place as the Registrar

Notice in the
Index of Deeds.

Notice of
applications.

Possessory title.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 21

General or a Judge shall direct, a notice in Form B of the
First Schedule, either accurately describing or necessarily
including the land claimed by possession, and shall keep the
same so posted for not less than twenty-one days prior to the day
limited for entry of caveats; and the Registrar General may refuse to
issue the certificate of title until it has been proved to his satisfaction
that the requirements of this section have been complied with.

19. If, within the time limited in such direction or under any
order of the Court, no notice forwarded by registered letter aforesaid
shall be returned to him by Trinidad and Tobago Post, and if, within
the time so limited, he shall not have received a caveat as hereinafter
described forbidding him to do so, and in any case in which personal
notice may be required as aforesaid, or in which any notice may
have been given otherwise than by registered letter, if he shall
have received proof to his satisfaction that such notice has been
served or delivered, the Registrar General shall, pursuant to such
direction of the Judge, bring the land described in such application
under the provisions of this Act by making the proper entry in the
Register Book, and, on proper application, issuing to the applicant
or to such person as he or the person applying in his behalf may by
any writing under his hand direct, the duplicate certificate of title
for the same as hereinafter described.

20. Whenever, prior to the issue of the certificate of title, any
letter containing any notice shall be returned to the Registrar
General by Trinidad and Tobago Post, or he shall become aware
that any notice has failed to be duly delivered, a Judge may, on a
summons taken out by the applicant or by the Registrar General,
give such directions in the matter as he may deem fit.

21. All notices under this Act, not required to be personally
served, sent by registered letter shall be deemed to have been
duly served if they shall have been directed to and delivered at the
last known place of address of the person required to be served
and a receipt therefor shall have been taken, and in such a case
such person shall for all purposes be deemed to have received
such notice.

22. Any person having or claiming an interest in any land
so advertised as aforesaid, or the duly registered attorney of any

Form B.

First Schedule.

Bringing land
under the Act.

Failure of
notice.

Notice by
registered letter.

Caveat.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

22 Chap. 56:02 Real Property

such person, may, within the time by any direction of a Judge for
that purpose limited, lodge a caveat with the Registrar General
in Form C of the First Schedule, forbidding the bringing of such
land under the provisions of this Act, and every such caveat shall
particularise the estate, interest, lien or charge claimed by the
person lodging the same, and the person lodging such caveat shall,
if required by the Registrar General, deliver a full and complete
abstract of his title.

23. The Registrar General, upon receipt of any such caveat
within the time limited as aforesaid, shall notify the same to the
applicant, and shall suspend further action in the matter, and the
lands in respect of which such caveat may have been lodged
shall not be brought under the provisions of this Act until such
caveat shall have been withdrawn, or shall have lapsed from any
of the causes hereinafter provided, or until a decision shall have
been obtained from the Court or Judge having jurisdiction in
the matter.

24. After the expiration of one month from the receipt thereof,
every such caveat shall be deemed to have lapsed, unless the person
by whom or on whose behalf the same was lodged shall, within
that time, have taken proceedings in any Court of competent
jurisdiction to establish his title to the estate, interest, lien, or charge
therein specified, and shall have given written notice thereof to
the Registrar General, or shall have obtained from the Court an
order or injunction restraining the Registrar General from bringing
the land therein referred to under the provisions of this Act:
Provided that if in such proceedings such person shall prove that
he is in possession of such land, nothing in this Act contained shall
enable the applicant to recover possession thereof, or to have such
land brought under this Act, without previously establishing his
own title thereto.

25. Any applicant may withdraw his application at any time
prior to the issuing of the certificate of title, and the Registrar
General shall in such case, upon request in writing signed by such
applicant, return to him or to the person, if any, appearing from
such application to be entitled to the possession of such instruments

Form C.
First Schedule.

Effect of caveat.

Lapse of caveat.

Withdrawal of
application.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 23

and copies of instruments, the abstract and all instruments and
copies of instruments of title deposited by such applicant for the
purpose of supporting his application: Provided that in such case,
if a caveator shall have been put to expense, without sufficient
cause, by reason of such application, he shall be entitled to receive
from the applicant such compensation as a Judge on a summons
in Chambers, shall deem just and order.

26. Upon issuing a certificate of title bringing land under the
provisions of this Act, the Registrar General shall stamp as
cancelled every instrument of title deposited by the applicant when
making his application: Provided that if any such instrument shall
relate to or include any property, whether personal or real, other
than the land included in such certificate of title, then the Registrar
General shall endorse thereon a memorandum cancelling the same
in so far only as relates to the land included in such certificate of
title, and shall return such instrument to such applicant; otherwise
he shall retain the same in his office, and no person shall be entitled
to the production of such instrument so stamped, except upon the
written order of the applicant, or of some person claiming through
or under him, or upon the order of a Judge.

27. In case an applicant, or the person to whom an applicant
may have directed a certificate of title to be issued, shall have died
or become an insane person in the interval between the date of his
application and the date appointed for the certificate of title to issue
in accordance with the provisions hereinbefore contained, the
certificate of title shall, unless a new order shall have been made by
a Judge in the matter, be issued in the name of the applicant, or in
the name of the person to whom he may have directed it to be issued,
as the case may require, and such land shall devolve in like manner
as if the certificate of title had been issued prior to the death or
insanity of such applicant or person so named by him.

28. Whenever any notice is required by this Act, or by any
order made under this Act by a Judge, to be given to any incapable
person, or any person having the same or similar interests and who
cannot conveniently be served, it shall be lawful for a Judge to
direct that such notice be served on any person as the guardian,

Cancellation of
instruments
of title.

Death or
insanity of
applicant.

Notice to
incapable
persons.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

24 Chap. 56:02 Real Property

committee, trustee, or representative of any other person, and in
such case any notice served on such guardian, committee, trustee,
or representative shall be as binding on such person as if he had
been under no disability and had been personally served therewith.

29. Upon the first bringing of land under the provisions of
this Act, whether by the alienation thereof from the State, or
consequent upon the application of the applicant as hereinbefore
provided, and also upon the registration of the title to an estate of
freehold in possession in land under the provisions of this Act
derived through the Will or intestacy of a previous proprietor or
under any settlement, there shall be paid to the Registrar General
the sum specified in the Fourth Schedule, and in case of land
brought under the provisions of this Act by alienation from the
State, the price paid for such land shall be deemed and taken to be
the value thereof for the purpose of levying such sum, and in all
other cases as aforesaid such value shall be ascertained by a
statutory declaration of the applicant or person deriving title to
such land by transmission: Provided that if the Registrar General
shall not be satisfied as to the correctness of the value so declared,
it shall be lawful for him to require such applicant, or person
deriving title to such land, to produce a certificate of such values
under the hand of a valuer approved by the Registrar General, which
certificate shall be received as conclusive evidence of such value
for the purpose aforesaid.

30. All sums of money so received shall be paid to the
Comptroller of Accounts and carried by him to an account to be
called the Land Assurance Fund, and such sums, together with all
interest and profits which may have accrued thereon, shall be
invested from time to time by the Comptroller of Accounts in such
manner as the President shall direct, and shall constitute an
Assurance Fund for the purposes hereinafter provided.

PART III

REGISTRATION

31. The Registrar General shall keep a book to be called the
“Register Book,” and shall bind up therein the originals of all grants

Assurance Fund.

Fourth
Schedule.

Appropriation
Book.

Register Book.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 25

and of all certificates of title, and each grant and certificate of title
shall constitute a separate leaf or leaves of such Book, and the
Registrar General shall record therein the particulars of all
instruments, dealings and other matters by this Act required to be
registered or entered in the Register Book affecting the land
included in each such grant or certificate of title distinct and apart.

32. Every certificate of title shall be in duplicate in Form D of
the First Schedule, and shall set forth the nature of the estate in
respect to which it is issued, and the Registrar General shall note
thereon, in such manner as to preserve their priority, the particulars
of all unsatisfied mortgages or other encumbrances, and of any
dower, lease, or rent charge to which the land may be subject, and
also easements or other rights to which the land may be proved or
admitted to be subject, and if such certificate of title be issued to
an infant or other incapable person he shall state the age of such
infant or the nature of the disability so far as known to him, and
shall cause the original of each certificate of title to be bound up in
the Register Book, and deliver the duplicate thereof to the proprietor
entitled to the land described therein.

33. Every original grant or certificate of title bound in the
Register Book shall have drawn on or attached to it a map of the
land therein comprised, which map shall be provided by or at the
expense of the applicant; and every certificate of title subsequently
issued shall either have drawn on it or attached to it a map of the
land therein comprised, and provided in like manner, or shall refer
to a map in which such land is delineated and which is already
contained in the Register Book.

34. Every map, plan or diagram required for the purposes of
this Act shall be prepared and furnished in the manner specially
provided for the purpose by the Land Surveyors Act and by Rules
made thereunder.

35. The person named in any certificate of title as the proprietor
of an estate of freehold in the land therein described shall be held,
both at law and in equity, to be seised of the reversion expectant
upon the term of any lease that may be noted by memorial thereon,
and to have all powers, rights and remedies to which such a

Certificate of
title.
Form D.
First Schedule.

Map on
certificate of
title.

Rules as to
maps.

Ch. 58:04.

Land subject
to lease.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

26 Chap. 56:02 Real Property

reversioner is by law entitled, and shall be subject to all the
covenants and conditions in such lease expressed or implied and
to be performed and observed by or on the part of the lessor.

36. Before bringing under the provisions of this Act an estate
in fee simple or in fee tail in any land, in respect to which a
certificate of title has been issued for any leasehold estate or interest,
the Registrar General may close the leaf of the Register Book
constituted by the certificate of title of such leasehold, and carry
forward, upon the certificate of title issued in respect of such estate
in fee simple or in fee tail, memorials of such leasehold estate or
interest, and of all mortgages or other interests affecting the same
then registered and still current; and the memorials of all future
dealings with such leasehold estate or interest hereinafter directed
to be registered shall be entered upon the leaf of the Register Book
constituted by the certificate of title representing the fee simple or
the fee tail.

37. Every certificate of title duly authenticated under the hand
and seal of the Registrar General shall be received, both at law and
in equity, as evidence of the particulars therein set forth, and of
their being entered in the Register Book, and shall, except as
hereinafter excepted, be conclusive evidence that the person named
in such certificate of title, or in any entry thereon, is seised of or
possessed of or entitled to such land for the estate or interest therein
specified, and that the property comprised in such certificate of
title has been duly brought under the provisions of this Act; and no
certificate of title shall be impeached or defeasible on the ground
of want of notice or of insufficient notice of the application to
bring the land therein described under the provisions of this Act,
or on account of any error, omission, or informality in such
application or in the proceedings pursuant thereto by the Judge or
by the Registrar General.

38. Every grant and certificate of title shall be deemed and
taken to be registered under the provisions and for the purposes of
this Act so soon as the same shall have been marked by the Registrar
General with the page and volume as embodied in the Register

Registration of
reversion on
lease already
registered.

Effect of
certificate of
title.

Registration of
grants and
certificates of
title and other
documents.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 27

Book, and every memorandum of transfer or other instrument
purporting to transfer or in any way to affect land under the
provisions of this Act shall be deemed to be so registered so soon
as a memorial thereof as hereinafter described shall have been
entered in the Register Book upon the leaf constituted by the grant
or certificate of title of such land, and the person named in any
grant, certificate of title, or other instrument so registered as the
proprietor of or having any estate or interest shall be deemed to be
the proprietor thereof.

39. No instrument of transfer or mortgage, or whereby any
encumbrance is created or mortgage is transferred, discharged, or
released, and no caveat, shall be registered by the Registrar General
under the provisions of this Act unless it bears the signature of an
Attorney-at-law as having prepared such instrument: Provided that
the provisions of this section shall not apply to an instrument or
caveat the execution whereof took place wholly out of Trinidad
and Tobago.

40. Every instrument presented for registration shall be
registered in the order of time in which the same is produced for
that purpose; and instruments registered in respect to or affecting
the same estate or interest shall, notwithstanding any express,
implied, or constructive notice, be entitled in priority the one over
the other according to the date of registration and not according to
the date of each instrument itself, and the Registrar General, upon
registration thereof, shall on demand deliver the duplicate grant or
certificate of title with the necessary endorsements thereon to the
person entitled thereto; and so soon as registered, every instrument
drawn in any of the several forms provided in the First Schedule
or in any form which for the same purpose may be authorised in
conformity with the provisions of this Act, shall for the purposes
of this Act be deemed and taken to be embodied in the Register
Book as part thereof.

41. In every instrument creating or transferring any estate or
interest in land under the provisions of this Act there shall be
implied the following covenant by the party creating or transferring

Instruments for
registration to
be prepared by
Attorney-at-law.

Instruments
—Priority of.

Forms.
First Schedule.

Covenant
implied.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

28 Chap. 56:02 Real Property

such estate or interest; that is to say, that he will do such acts
and execute such instruments as, in accordance with the provisions
of this Act, may be necessary to give effect to all covenants,
conditions, and purposes expressly set forth in such instrument or
by this Act declared to be implied against such party in instruments
of a like nature.

42. Every memorial entered in the Register Book shall state
the nature of the instrument to which it relates, the day and hour of
the production of such instrument for registration, and the names
of the parties thereto, and shall refer by number or symbol to such
instrument, and shall be signed by the Registrar General.

43. Whenever a memorial of any instrument has been entered
in the Register Book, the Registrar General shall, except in the
case of a transfer or other dealing effected or evidenced only by
endorsement upon any grant, certificate of title, or other instrument
as hereinafter provided, record the like memorial on the duplicate
grant, certificate of title, or other instrument evidencing title to the
estate or interest intended to be dealt with or in any way, affected,
whether already in his possession or delivered to him along with
the instrument for registration, unless the Registrar General shall,
as hereinafter provided, dispense with the production of the same,
and the Registrar General shall endorse on every instrument so
registered a certificate of the date and hour on which the said
memorial was entered in the Register Book, and shall authenticate
each such certificate by signing his name thereto, and such
certificate shall be received, both at law and in equity, as conclusive
evidence that such instrument has been duly registered.

44. No instrument, until registered in manner herein provided,
shall be effectual to pass any estate or interest in any land under
the provisions of this Act or to render such land liable to any
mortgage charge or encumbrance; but upon the registration of
any instrument in manner herein provided, the estate or interest
specified in such instrument shall pass or, as the case may be, the
land shall become liable, in manner and subject to the covenants,
conditions, and contingencies set forth and specified in such

Memorial of
instruments in
Register Book.

Effect of
certificate of
memorial.

Effect of
registration of
instruments.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 29

instrument or by this Act declared to be implied in instruments of
a like nature, and should two or more instruments executed by the
same proprietor, and purporting to transfer or encumber the same
estate or interest in any land, be at the same time presented to the
Registrar General for registration and endorsement, he may either
register and endorse that instrument which is presented by the
person producing the grant or certificate of title, or may refuse to
register either instrument until an order determining the relative
rights of the several claimants shall have been made by the Court
or a Judge.

45. Notwithstanding the existence in any other person of any
estate or interest, whether derived by grant from the State or
otherwise, which but for this Act might be held to be paramount or
to have priority, the proprietor of land or of any estate or interest
in land under the provisions of this Act shall, except in case of
fraud, hold the same subject to such mortgages, encumbrances,
estates, or interests as may be notified on the leaf of the Register
Book constituted by the grant or certificate of title of such land;
but absolutely free from all other encumbrances, liens, estates, or
interests whatsoever, except the estate or interest of a proprietor
claiming the same land under a prior grant or certificate of title
registered under the provisions of this Act, and any rights subsisting
under any adverse possession of such land; and also, when the
possession is not adverse, the rights of any tenant of such land
holding under a tenancy for any term not exceeding three years,
and except as regards the omission or misdescription of any right
of way or other easement created in or existing upon such land,
and except so far as regards any portion of land that may, by wrong
description of parcels or of boundaries, be included in the grant,
certificate of title, lease, or other instrument evidencing the title of
such proprietor, not being a purchaser or mortgagee thereof for
value, or deriving title from or through a purchaser or mortgagee
thereof for value.

46. Notwithstanding anything in this Act contained, the land
which shall be included in any certificate of title or registered
instrument shall be deemed to be subject to the reservations,
exceptions, conditions, and powers, if any, contained in the grant

Conclusiveness
of registration.

Savings rights
of State.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

30 Chap. 56:02 Real Property

by which the said land was originally granted by the State pursuant
to the regulations in force at the time respecting the sale and disposal
of the waste lands of the State in Trinidad and Tobago, and subject
to any resumptions which may have been made of the said land or
any part thereof in pursuance of such reservations of right as
aforesaid, and to any taking of the said land or any part thereof
that may have been effected pursuant to the provisions of any Act
or Ordinance authorising the President to take the same, and subject
also to any public rights of way, and to any unpaid public land
charge, rates, taxes, and assessments, and estate and succession
duty, notwithstanding the same respectively may not be specially
notified as encumbrances on such certificate of title or instrument.

47. (1) In the case of land of any proprietor registered under
this Act —

(a) which is resumed by the State under the powers
contained in a grant; or

(b) which is partly so resumed and partly acquired
by gift, purchase, or otherwise, or taken under
the provisions of the Land Acquisition Act by the
State; or

(c) which is wholly acquired by gift, purchase, or
otherwise, or taken under the provisions of the
Land Acquisition Act by the State,

the Sub-Intendant shall forward to the Registrar General the
particulars of such resumption, acquisition, or taking, together
with a plan in duplicate showing the extent of such resumption,
acquisition or taking.

(2) Land resumed under the provisions of the preceding
subsection shall be coloured pink on such plan, and land acquired
or taken under such subsection shall be coloured brown thereon.

(3) The amount of land so resumed, acquired, or taken
shall be endorsed on the original grant or certificate of title, and
there shall be a reference in such endorsement to the volume and
folio of a book to be called the “Register of Resumption Plans” in
which one of the two plans referred to in this section shall be bound.

Land resumed
or acquired by
State.

Ch. 58:01.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 31

(4) The Registrar General shall attach the other of such
plans to the duplicate grant or certificate of title, as the case may
be, and return the same to the person entitled thereto.

48. (1) The Registrar General shall not register under this Act
any instrument purporting to transfer or otherwise deal with or
affect any estate or interest in land under the provisions of this Act
except in the manner in this Act provided, nor unless such
instrument be in accordance with the provisions of this Act:
Provided that for the purposes of this section a warrant of forfeiture
under the Lands and Buildings Taxes Act shall not be deemed to
be such an instrument as aforesaid.

(2) An instrument under this Act and a Deed registered
in the Register of Deeds which together carry into effect any sale,
gift, settlement, partition, mortgage or lease of, or other dealing
with land, whereof one portion is and another portion is not under
the provisions of this Act, shall be read and construed together,
and such instrument may incorporate by reference any of the
provisions of such Deed: Provided that no provisions contained in
such Deed shall be deemed to affect any purchaser from a proprietor
with notice of any trust affecting land under this Act: Provided
further that on the registration of such instrument the Registrar
General shall be furnished with the registered number of such Deed.

(3) The preceding subsection applies to all instruments
therein mentioned and registered after the 1st of January, 1896.

PART IV

TITLE BY POSSESSION OF LAND,
REMOVAL OF ABANDONED EASEMENTS

49. A person who claims that he has acquired title by
possession of land under the provisions of this Act may apply by
summons for an order vesting the land in him for an estate in fee
simple or other estate claimed. The summons shall be served on
every person appearing in the Register Book to have any estate or
interest in the land or in any encumbrance notified on the grant or
certificate of title thereto or such of them as can be found.

Uniformity of
instruments and
registration.

Ch. 76:04.

Incorporation of
the provisions of
certain
registered
Deeds.

Application for
vesting order by
person claiming
title by
possession.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

32 Chap. 56:02 Real Property

50. Every such summons shall be supported by one or more
affidavits deposing to the facts and matters referred to in Form E
of the First Schedule.

51. The applicant shall also cause a copy of the summons and
affidavit to be posted in a conspicuous place on the land and to be
kept so posted for not less than fourteen days prior to the hearing
of the application.

52. At the hearing of the application a Judge shall give
directions as to any other persons to be served with the summons
or notice thereof, as to the mode of service, as to the advertisements
to be inserted in one or more daily newspapers published in Trinidad
and Tobago, as to the preparation of any plans which he may
consider necessary, and as to any other relevant matters, and he
shall appoint a date not less than fourteen days nor more than twelve
months from the date of such hearing at or after the expiration of
which he may, unless some person shall have intervened, grant the
application altogether or in part.

53. At any time prior to granting an application a Judge may
in his discretion, notwithstanding any direction previously given
as to the application, dismiss the same altogether or in part if the
applicant fails to comply to his satisfaction with any direction given
within such time as to him seems reasonable.

54. A person claiming any estate or interest in the land in
respect of which any such application is made may before the
granting thereof intervene by entering an appearance to the
proceedings and filing an affidavit setting out the particulars of
his claim.

55. Subject as aforesaid, after the expiration of the time
appointed, and after giving to the applicant and all other parties to
the proceedings an opportunity of being heard, a Judge, if satisfied
that the applicant has acquired a title by possession to the land,
may make an order vesting the land in the applicant (or person

Affidavit.
Form E.

First Schedule.

Copy to be
posted.

Directions by
a Judge.

Power to
dismiss
application.

Intervention.

Power to make
vesting order.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 33

entitled thereto) for an estate in fee simple, or other estate acquired
by the applicant, free from all encumbrances appearing by the
Register Book to affect the existing title which have been
determined or extinguished by such possession and free from any
easement notified as an encumbrance which has been proved to
the satisfaction of the Judge to have been abandoned or
extinguished.

56. Where a vesting order is made the Judge may direct the
Registrar General—

(a) to cancel any instrument, entry or memorial in
the Register Book altogether or to such extent as
is necessary to give effect to such vesting order; or

(b) to issue and register in manner provided by
section 32 a new certificate of title for an estate
in fee simple or other estate acquired in the land
comprised in such vesting order free from all such
encumbrances as aforesaid and the Registrar
General shall comply with such directions,

and thereupon the person named therein shall become the proprietor
of the said land.

57. Upon granting the application the Judge may, if he shall
think fit, grant the same conditions upon the applicant paying to
the Assurance Fund, or furnishing in manner hereinafter provided
a bond to the satisfaction of the Registrar General for the payment
to the Assurance Fund of such sum of money as the Judge certifies
to be in his judgment a proper indemnity by reason of the imperfect
nature of the evidence of title or as against any uncertain or doubtful
claim or demand incident to or which may arise upon the title or
any risk to which the Assurance Fund may be exposed by the
granting of the application. A bond furnished under this section
shall provide for the payment to the Registrar General for the
account of the Assurance Fund of such an amount, not exceeding
the sum certified by the Judge in manner aforesaid, as may, within
a period to be fixed by the Judge, have to be paid out of the
Assurance Fund for damages and costs by reason of the granting
of the application.

Consequential
directions.

Contribution to
Assurance Fund.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

34 Chap. 56:02 Real Property

58. In cancelling any grant, certificate of title or instrument or
any memorial or entry in the Register Book in pursuance of the
direction in that behalf the Registrar General shall endorse thereon
a memorandum stating the circumstances and authority under
which the cancellation is made.

59. (1) A proprietor may apply by summons for an order for
the removal from a grant or certificate of title of any easement
notified thereon as an encumbrance which he claims has been
abandoned or extinguished and of any other encumbrance notified
thereon which he claims has been discharged or extinguished.

(2) Such summons shall be supported by an affidavit
deposing to all facts relevant to the application.

(3) At the hearing of the application a Judge shall give such
of the directions provided by section 52 as he may deem necessary.

(4) A party claiming any estate or interest in the land may
intervene as provided by section 54.

(5) A Judge on being satisfied that the said easement or
other encumbrance has been abandoned or discharged or
extinguished may make an order directing the removal from the
grant or certificate of title of such easement or other encumbrance
which shall thereupon be deemed to be extinguished.

60. (1) If a vesting order or an order for the removal of an
easement or other encumbrance is made by a Judge under this
Part of this Act and affects the right, estate or interest of the
proprietor of land included in any grant or certificate of title in
respect of any registered easement or other encumbrance appearing
thereon the Judge shall direct the Registrar General to cancel such
easement or other encumbrance to the extent to which it has been
extinguished upon the original of such grant or certificate of title
and also upon the duplicate grant or certificate of title when brought
to him for that purpose or when the same is produced for the
purpose of any dealing with the land comprised therein.

(2) The Registrar General may call in the duplicate of
any such grant or certificate of title for the purpose of any such
cancellation and may detain the duplicate until such cancellation
is effected, and refuse to register any dealing with the land or any
estate or interest therein until the duplicate has been so brought in.

Duties of
Registrar
General as to
cancellation.

Removal of
easement or
other
encumbrance.

Easement or
other
encumbrance
extinguished to
be cancelled.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 35

61. Any certificate of title, entry, removal of encumbrance
or cancellation in the Register Book procured or made by fraud
shall be void as against all parties or privies to the fraud.

PART V

TRANSFERS AND OTHER DEALINGS
62. When land under the provisions of this Act, or any estate

or interest in such land, is intended to be granted or transferred, or
any right of way or other easement is intended to be created or
transferred, the proprietor may execute a memorandum (hereinafter
called a memorandum of transfer) in Form F or Form G of the
First Schedule, which memorandum shall, for description of
the land intended to be dealt with, refer to the grant or certificate
of title of such land, or shall give such description as may be
sufficient to identify the same, and shall contain an accurate
statement of the estate, interest, or easement intended to be granted,
transferred, or created, and a note of all leases, mortgages, and
other encumbrances to which the same may be subject.

63. A memorial of such memorandum of transfer shall, unless
the grant or certificate of title thereto in the Register Book be wholly
cancelled, be endorsed on such grant or certificate of title.

64. A memorial of any transfer or lease creating any easement
over or upon or affecting any land under the provisions of this
Act may be entered upon the leaf of the Register Book constituted
by the grant or certificate of title of such land in addition to any
other entry concerning such instrument required by this Act.

65. If the memorandum of transfer purports to transfer an
estate of freehold in the whole or in part of the land mentioned in
any grant or certificate of title or any easement thereover, the
transferor shall deliver up the grant or certificate of title of the said
land, and the Registrar General shall, after registering the transfer,
enter on such grant or certificate of title a memorandum cancelling
the same either wholly or partially according as the memorandum
of transfer purports to transfer the whole or part only of the land
mentioned in such grant or certificate of title, or the whole or part
only of the estate of the transferor therein, referring to such
easement, and setting forth the particulars of the transfer.

Certificate of
entry void for
fraud.

Memorandum of
transfer.

Forms F and G.
First Schedule.

Endorsement.

Memorial of
easement.

Cancellation of
exhausted
certificate of
title.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

36 Chap. 56:02 Real Property

66. Any wholly cancelled grant or certificate of title shall be
retained by the Registrar General. Any partially cancelled grant or
certificate of title shall be returned endorsed as aforesaid to the
transferor, unless such transferor shall require a new certificate of
title for the untransferred portion; and the Registrar General shall,
subject to the provisions hereinafter contained, make out to the
transferee a certificate of title to the land mentioned in such transfer,
as hereinafter mentioned.

67. On a transfer of leasehold property for the whole of the
interest of the transferor in the whole of the land comprised in the
grant or certificate of title relating thereto, such grant or certificate
of title, and the corresponding entry in the Register Book, shall
not be cancelled, but shall be endorsed with a memorial of such
transfer, and shall be delivered to the transferee. If a part only of
the transferor’s interest in such land, or his interest in a part only
of such land, be transferred, or if an easement thereon be created
such dealings shall be evidenced by memorials endorsed on the
proper certificates of title, so far as possible in the manner directed
in the case of freehold property, and the Registrar General shall
have all the powers necessary for or incidental to the purpose.

68. If a transfer purports to transfer the whole of the land
mentioned in any grant or certificate of title, and for the whole of
the transferor’s estate or interest therein, the Registrar General may,
except when a tenancy in common is thereby created or determined,
instead of cancelling such grant or certificate of title as hereinbefore
provided, enter in the Register Book and on the grant or certificate
of title a memorandum of such transfer, and deliver the duplicate
grant or certificate of title to the transferee; and every grant or
certificate of title with such memorandum shall be as effectual for
the purpose of evidencing title and for all other purposes as if the
old grant or certificate of title had been cancelled and a new
certificate of title had been issued to the transferee in his own name,
and such process in lieu of cancellation may be repeated upon
every transfer of the whole of the land.

69. The Registrar General, upon cancelling any grant or
certificate of title either wholly or partially pursuant to any transfer,
shall make out to the transferee a certificate of title to the land

Disposal of
cancelled
certificate.

Transfer of
leaseholds.

Transfer by
endorsement.

Certificate of
title on transfer.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 37

mentioned in such memorandum of transfer, and every such
certificate of title shall refer to the original grant of such land,
and to the memorandum or other instrument of transfer, and
the Registrar General shall retain every such memorandum of
transfer and cancelled or partially cancelled grant or certificate
of title, and whenever so required by the proprietor of an unsold
portion or residue of land included in any such partially
cancelled grant or certificate of title, or by a registered transferee
of such portion or of any part thereof, shall, on payment of the
prescribed fee, make out to such proprietor or transferee a
certificate of title of such portion or for any part thereof of which
he is the proprietor or transferee.

70. In every instrument transferring land under the provisions
of this Act subject to mortgage or encumbrance there shall be
implied the following covenant by the transferee with the transferor;
that is to say, that such transferee will pay the interest or annuity
or rent charge secured by such mortgage or encumbrance after the
rate and at the times specified in the instrument creating the same,
and will indemnify and keep harmless the transferor from and
against the principal sum secured by such instrument, and from
and against all liability in respect of any of the covenants therein
contained or by this Act implied on the part of the transferor.

71. Upon the registration of any transfer the estate or interest
of the transferor thereby transferred together with all rights, powers,
and privileges, touching or concerning such estate or interest, shall
pass to the transferee, and such transferee shall therepon become
subject to all the conditions and liabilities touching or
concerning the estate or interest transferred to which the
transferor, as proprietor of such estate or interest, was subject
immediately prior to such transfer.

72. By virtue of every such transfer, the right to sue upon any
memorandum of mortgage or charge or other instrument, and to
recover any debt, sum of money, annuity, or damages thereunder
(notwithstanding the same may be deemed or held to constitute a
thing in action), and all interest on any such debt, sum of money,
annuity, or damages, shall be transferred so as to vest the same,
both at law and in equity, in the transferee thereof: Provided that

Implied
covenant on
transfer.

Rights and
liabilities of
transferee.

Rights of
transferee of
debt, etc.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

38 Chap. 56:02 Real Property

nothing herein contained shall prevent a Court of equity from giving
effect to any trusts affecting the same debt, sum of money, annuity,
or damages in case the transferee shall hold the same as a trustee
for any other person.

73. The proprietor of any land may transfer the same or any
part thereof to a wife or husband, or to himself jointly with any
other person or persons, or may create or execute any powers of
appointment, or limit any estates whether by remainder or otherwise
without limiting any use or executing any reassignment, and upon
the registration of such transfer or instrument the said land shall
be held according to the intent and meaning appearing on such
instrument and thereby expressed.

74. Two or more persons who may be registered as joint
proprietors of an estate or interest in land under the provisions
of this Act shall be deemed to be entitled to the same as joint
tenants: Provided that joint tenants may receive separate certificates
of title, or, on a request in writing signed by each of such joint
tenants, may receive a joint certificate of title.

75. Where two or more persons are entitled as tenants in
common to undivided shares of or in any land, such persons may
receive one certificate of title for the entirety or separate certificates
of title for the undivided shares therein respectively.

*76. On the death of a person registered as joint proprietor with
another, or when the life estate in respect of which any certificate
of title has been issued has determined, and the estate next registered
in remainder or reversion has become vested in possession, or when
the person to whom such certificate of title has been issued has
become entitled to the said land for an estate in fee simple in
possession, the Registrar General may, upon the application of the
person entitled, and proof to his satisfaction of any such occurrence
as aforesaid, and, upon production of a certificate obtained from
the Commissioner of Estate Duties or from the Inland Revenue
Department setting forth that the appropriate duties, if any, payable
in respect of the estate under the Estate and Succession Duties

Transfer to wife
or husband or to
oneself jointly
with another.
Creation and
execution of
powers;
limitations of
estates.

Joint tenant.

Tenants in
common.

Registration on
survival or
vesting of estate
in possession.
Ord. 47—1950.

Ch. 76:02.

* The Estate and Succession Duties Act, Ch. 76:02 has been repealed by Part VI of Act No. 39 of 2000.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 39

Act or under any other Act under which the appropriate duties
are payable have been paid or that no such duties are payable,
register such person as proprietor of such estate or interest.

77. A married woman, being a proprietor of land, shall be
deemed to be entitled thereto for her sole benefit, and for the
purposes of this Act a married woman may deal with land under
this Act, and may execute and sign all instruments, and do all
personal acts, without the concurrence of her husband as effectually
as if she were a feme sole.

78. Where land registered under the provisions of this Act is
sold by an officer in the public service under the provisions of any
Act or Ordinance or by any Public Authority under the provisions
of the Rates and Charges Recovery Act, such officer or the
Chairman of such Authority, as the case may be, shall, unless a
mode of transfer is otherwise provided for, execute a transfer to
the purchaser of the land sold, and such transfer shall be expressed
to be made by such officer or Chairman in his official or public
capacity and by virtue of the Act or Ordinance empowering and
authorising him as aforesaid.

79. Upon the transfer by a mortgagor to a mortgagee of the
mortgagor’s equity of redemption, or by a lessor to a lessee of the
lessor’s reversion expectant on the term created by the lease, no
merger of the estates and interests of the mortgagor and mortgagee
or lessor and lessee respectively shall take effect until a request in
Form H of the First Schedule to endorse a memorial of merger on
the relevant grant or certificate of title signed by the mortgagee or
lessee as the case may be is lodged with the Registrar General.

PART VI

LEASES AND SUB-LEASES

80. (1) When any land under the provisions of this Act is
intended to be leased for a life or lives, or for any term of years
exceeding three years, the proprietor shall, and if any such land is
intended to be leased for a period of less than three years the
proprietor may, with the consent of the intending lessee, execute a
memorandum of lease in Form I of the First Schedule, and every

Married women.

Lands sold
under authority
of an Ordinance,
Act.

Ch. 74:03.

Merger.

Form H.
First Schedule.

Memorandum
of lease.

Form I.
First Schedule.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

40 Chap. 56:02 Real Property

such instrument shall, for description of the land intended to be
dealt with, refer to the grant or certificate of title of the land, or
shall give such other description as may be necessary to identify
such land: Provided that a right for or covenant by the lessee to
purchase the land therein described may be provided in such
instrument, and in such case if the lessee shall pay the purchase
money stipulated, and otherwise observe his covenants expressed
and implied in such instrument, the lessor shall be bound to execute
a memorandum of transfer to such lessee of the said land. Save as
provided by the Conveyancing and Law of Property Act, no lease
of mortgaged or encumbered land shall be valid and binding against
the mortgagee or encumbrancer, unless such mortgagee or
encumbrancer shall have consented to such lease prior to the same
being registered and a note of such consent shall have been entered
in the Register Book.

(2) When any land under the provisions of this Act is
intended to be sub-leased the proprietor of the lease of such land,
subject to any provisions in his lease affecting his right so to do,
with the consent of the intending sub-lessee shall, if the term of
the sub-lease exceeds three years and with the like consent may, if
the term of the sub-lease does not exceed three years, execute a
sub-lease in Form J in the First Schedule; but no sub-lease of any
land subject to a mortgage or encumbrance upon the lease of the
land comprised in the sub-lease shall be valid or binding against a
mortgagee or encumbrancer of the lease unless he has consented
in writing to such sub-lease prior to the same being registered.

81. On presentation of any memorandum of lease or sub-lease
drawn, executed, and attested in accordance with the provisions
of this Act, the Registrar General shall register the same; and no
lease or sub-lease, unless registered, shall be valid against any
registered transferee, mortgagee, encumbrancer, or lessee.

82. When such lease or sub-lease is presented for registration,
a memorial thereof shall be endorsed, as an encumbrance, on the
grant or certificate of title and on the proper page in the Register
Book.

83. Whenever any lease or sub-lease which is registered is
surrendered or determined in any manner whatsoever the Registrar
General, upon proof to his satisfaction by affidavit or otherwise of
such surrender or determination, shall enter in the Register Book

Ch. 56:01.

Sub-lease.

Form J.
First Schedule.

Registration of
lease and sub-
lease.

Endorsement of
memorial of
lease and sub-
lease.

Surrender or
determination
of lease and
sub-lease.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 41

a memorandum recording the date of such surrender or
determination, and shall likewise endorse upon the duplicate grant
or certificate of title when produced to him a memorandum
recording the fact of such entry having been made in the Register
Book; and upon such entry and endorsement having been so made,
the estate or interest of the lessee or sub-lessee in such land shall
revest in the lessor or sub-lessor or in the person in whom, having
regard to intervening circumstances, if any, the said land would
have vested if no such lease or sub-lease had ever been executed:

Provided that no lease or sub-lease subject to mortgage or
encumbrance shall be so surrendered or determined without the
consent of the mortgagee or encumbrancer.

84. In addition to all other covenants which may be implied
in accordance with the provisions of this Act and unless a
contrary intention shall therein be expressed—

(1) In every memorandum of lease there shall be implied
the following covenants by the lessee:

(a) that he will pay the rent thereby reserved at the
times mentioned, and all rates and taxes which
may be payable in respect of the leased property,
during the continuance of the lease;

(b) that he will, at all times during the continuance
of the lease, keep, and at the determination thereof
yield up, the leased property in good and
tenantable repair, accidents and damage from fire,
storm, and tempest, and reasonable wear and tear,
excepted.

(2) In every sub-lease there shall be implied the following
covenants by the sub-lessor—that he will during the terms thereby
granted pay the rent reserved by and perform and observe the
covenants contained in the original lease and on his part to be
paid, performed and observed.

85. Unless a contrary intention shall therein be expressed in
every memorandum of lease and sub-lease there shall also be
implied the following powers in the lessor or sub-lessor:

(a) that he may, by himself or his agents, twice in
every year during the term, at a reasonable time

Covenants
implied in lease
and sub-lease.

Powers of lessor
and sub-lessor.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

42 Chap. 56:02 Real Property

of day, upon giving the lessee or sub-lessee two
days’ previous notice, enter upon the leased
property and view the state of repair thereof, and
may serve upon the lessee or sub-lessee, or leave
at his last or usual place of abode in Trinidad and
Tobago, or on the leased property, a notice in
writing of any defect, requiring him within a
reasonable time to be therein prescribed to repair
the same; and

(b) that in case the rent or any part thereof shall be
in arrear for the space of one month, or in case
default shall be made in the fulfilment of any
covenant whether expressed or implied in such
lease or sub-lease on the part of the lessee or sub-
lessee and shall be continued for the space of one
month, or in case the repairs required by such
notice as aforesaid shall not have been completed
within the time therein specified, it shall be lawful
for such lessor or sub-lessor to re-enter upon and
take possession of such leased property.

86. In any such case the Registrar General, upon proof to his
satisfaction of lawful re-entry and recovery of possession by a lessor or
sub-lessor, shall note the same by entry in the Register Book, and the
estate of the lessee or sub-lessee in such land shall thereupon determine,
but without releasing him from his liability in respect of the breach of
any covenant in such lease or sub-lease expressed or implied.

PART VII

MORTGAGES AND ENCUMBRANCES

87. (1) The proprietor of any land under the provisions of
this Act may mortgage the same by executing a memorandum
of mortgage thereof in Form K of the First Schedule, and may
charge the same with the payment of a sum of money, annuity
or rent charge by signing a memorandum of charge thereof in
Form L of the said Schedule.

(2) A mortgagee may create a charge of his interest in
a mortgage by executing a memorandum of sub-mortgage in
Form M of the First Schedule, and the person in whose favour

Determination
of lease and
sub-lease.

Memorandum of
mortgages and
encumbrances.
Form K.
First Schedule.

Form L.
First Schedule.

Sub-mortgage.

Form M.
First Schedule.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 43

such charge is created shall be deemed the transferee of such
interest, and shall have all rights and powers as such, including
the right to recover the principal and interest secured by such
mortgage, subject to the provisions and conditions expressed in
the instrument creating the charge or implied therein.

88. Subject to the provisions of this Act contained every
mortgagee and encumbrancer under this Act shall, when his
mortgage or charge is registered, have all the rights and powers,
and be subject to all the limitations and provisions, which he would
have enjoyed or been subject to under the law for the time being in
force, if the land comprised in the mortgage had not been subject
to this Act, and he were a mortgagee or encumbrancer under an
instrument purporting to convey the legal estate and duly executed,
attested, and registered, and containing in addition to all implied
provisions and conditions, all the special covenants, provisions,
and conditions contained in the instrument of mortgage or charge
registered under this Act as aforesaid.

89. As between different mortgages, charges and
encumbrances, priorities shall be determined by the relative priority
in time of the entries relating thereto in the Register Book.

90. No transfer by a mortgagee on a sale under any statutory
power of sale shall be registered, unless the instrument of transfer
shall refer to the power under which it is made, and if such transfer
be made in professed exercise of the power of sale conferred by
the Conveyancing and Law of Property Act, it shall be lawful for
the Registrar General, unless he see reason to the contrary, to
register such transfer without evidence that such power has been
duly and properly exercised; and the Registrar General shall make
a corresponding entry on the duplicate grant or certificate of title
when produced to him.

91. On the registration of a final order for foreclosure, the
Registrar General may issue a certificate of title to the mortgagee,
and may call in the certificate of title of the mortgagor for complete
or partial cancellation, as the case may be. After the issue of such
certificate of title, such foreclosure may not be re-opened as against
any subsequent transferee, mortgagee, or encumbrancer.

Powers of
mortgagees and
chargees.

Priority.

Transfer under
statutory power
of sale.

Ch. 56:01.

Foreclosure.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

44 Chap. 56:02 Real Property

92. In any memorandum of lease or sub-lease or mortgage,
the following forms of words shall, unless inconsistent with the
context, respectively imply the following covenants:

(a) “will insure” shall imply as follows: “That the
lessee or mortgagor will insure, and so long as
the principal money and interest secured by
mortgage shall remain unpaid, or the term
expressed in the said mortgage or lease shall not
have expired, will keep insured, in the name of
such mortgagee or lessor in some insurance
company or association to be approved by such
mortgagee or lessor against loss or damage by
fire to the full amounts specified in such
instrument, or if no amount be specified then to
their full value, all buildings, tenements or
premises, erected on such lands which shall be of
a nature or kind capable of being insured against
loss or damage by fire, and that the mortgagor or
lessee will, at the request of the mortgagee or
lessor, hand over to and deposit with him the
policy of every such insurance, and produce to
him the receipts for the annual or other premiums
payable on account thereof, and also that all
moneys to be received under or by virtue of any
such insurance shall, at the option of the
mortgagee, be applied either in or towards
satisfaction of the moneys secured by the
mortgage, or in making good the loss or damage
in respect of which the money is received:
Provided that if default shall be made in the
observance or performance of the covenant last
above mentioned, it shall be lawful for the
mortgagee or lessor, without prejudice
nevertheless to and concurrently with the powers
granted him by his memorandum of mortgage
or lease or by this Act provided, to insure such
building, and the costs and charges of such
insurance shall, until such mortgage be redeemed,
or such lease shall have expired, be a charge upon
the said land recoverable in like manner as rent
or interest in arrear”;

Implied
covenants in
leases or sub-
leases or
mortgages.
Fire Insurance.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 45

(b) “that the lessee will not use the said premises as
a shop” shall imply as follows: “And also that
the said lessee will not convert, use, or occupy
the said land and premises mentioned in such
lease or any part thereof into or as a shop,
warehouse, or other place for carrying on any
trade or business whatsoever, or permit or suffer
the said land and premises or any part thereof to
be used for any such purpose or otherwise than
as a private dwelling house without the consent
in writing of the said lessor”;

(c) “will not carry on an offensive trade” shall imply
as follows: “And also that no noxious, noisome
or offensive art, trade, business, occupation, or
calling shall at any time during the said term be
done in or upon the said land and premises or
any part thereof which shall or may be or grow to
the annoyance, nuisance, grievance, damage, or
disturbance of the occupiers or owners of the
adjoining lands and premises”;

(d) “will not without leave assign or sublet” shall
imply as follows: “And also that the said lessee
shall not nor will, during the term of such lease,
assign, transfer, demise, or sublet, or otherwise
by any act or deed procure the land or premises
therein mentioned or any of them or any part
thereof to be assigned, transferred, demised, or
sublet, unto any person whomsoever without the
consent in writing of the said lessor first had and
obtained”;

(e) “will not cut timber” shall imply as follows: “And
also that the said lessee shall not cut down, fell,
injure, or destroy any growing or living timber
or, timberlike trees standing and being upon the
said land and premises above-mentioned, without
the consent in writing of the said lessor”.

93. Upon production of a memorandum executed by the
mortgagee, sub-mortgagee or annuitant or his transferees, and
attested in manner provided by this Act, discharging the land

Shop.

Offensive trade.

Assign or sublet.

Timber.

Discharge of
mortgage or
encumbrances.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

46 Chap. 56:02 Real Property

from the whole or part of the moneys or annuity secured, or
discharging any part of the land from the whole or part of such
moneys or annuity, the Registrar General shall make an entry in
the Register Book stating the time at which it was made, that such
mortgage, sub-mortgage or charge is discharged wholly or partially,
or that part of the land is discharged as aforesaid, as the case may
be, and upon such entry being made the land or portion of land
described in such memorandum shall cease to be subject to or liable
for such moneys or annuity, or for the part thereof mentioned in
such entry as discharged; and the Registrar General shall make a
corresponding entry on the duplicate grant or certificate of title
when produced to him.

94. Upon proof to the satisfaction of the Registrar General of
the death of the annuitant, or of the occurrence of the event or
circumstance upon which, in accordance with the provisions of
any registered instrument, any charge or annuity thereby secured
shall cease to be payable, and upon proof to the like satisfaction
that all arrears of the charge or annuity and all costs occasioned by
non-payment thereof have been paid or satisfied, the Registrar
General shall make an entry in the Register Book that such charge
or annuity is satisfied, and upon such entry being made the land
shall cease to be subject to or liable for such charge or annuity, and
the Registrar General shall make the proper entry on the duplicate
grant or certificate of title when produced to him.

95. When any instrument subsequent to a mortgage is made
by the proprietor of any land, and such proprietor or the person
entitled to the benefit of such subsequent instrument desires the
registration of such subsequent instrument, the mortgagee, should
he hold the duplicate grant or certificate of title which comprises
the land in such subsequent instrument, shall, upon being requested
so to do by the proprietor of the land or the person entitled to the
benefit of such subsequent instrument, but at the cost of the person
making such request, produce such duplicate grant or certificate
of title to the Registrar General so that such subsequent instrument
may be registered.

96. When any land has been brought under or shall be brought
under this Act subject to any mortgage, and the mortgagee or any

Determination
of encumbrance.

Mortgagee to
produce grant
for registration
of subsequent
instrument.

Foreclosure or
sale under
power.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 47

person claiming under him shall apply for a certificate of title to
the land foreclosed or purchased, the mortgage shall be deemed to
have conferred upon the mortgagee or the purchaser under the
power of sale contained in the mortgage the right to be registered
as proprietor of the same estate or interest in the land as that in
respect of which the mortgage was registered, and no caveat which
might have been or which was lodged against the original
application shall be lodged or renewed in respect of the same estate
or interest against the application of the mortgagee or any person
claiming under him.

97. In case the registered mortgagee shall be dead or become
an insane person or be absent from Trinidad and Tobago, and there
be no person authorised to give a receipt to the mortgagor for the
mortgage money at or after the date appointed for the redemption
of any mortgage, it shall be lawful for the Comptroller of Accounts
to receive such mortgage money, with all arrears of interest then
due thereon, in trust for the mortgagee or other person entitled
thereto, and thereupon the interest upon such mortgage shall cease
to run or accrue, and the Registrar General shall, upon the
production of the receipt of the Comptroller of Accounts for the
amount of the said mortgage money and interest, make an entry in
the Register Book discharging such mortgage, and stating the date
and hour on which such entry is made, and such entry shall be a
valid discharge for such mortgage, and shall have the same force
and effect as is hereinbefore given to a like entry when made upon
production of the memorandum referred to in section 93; and the
Registrar General shall endorse on the grant or certificate of title
whenever brought to him for that purpose, the several particulars
hereinbefore directed to be endorsed upon such instrument.

98. Dower or its extinction may be registered in like manner
and on payment of like fees as encumbrances, but dower shall not
be deemed to be an encumbrance.

PART VIII

POWERS OF ATTORNEY

99. The proprietor of any land under the provisions of this
Act may, whether or not he be a trustee, or personal representative,

Discharge of
mortgage in
cases of death,
insanity or
absence of
mortgagee.

Dower.

Appointment
of attorney.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

48 Chap. 56:02 Real Property

authorise and appoint any person to act for him or on his behalf in
respect to the transfer of or other dealing with such land in
accordance with the provisions of this Act, by a power of attorney
in Form N of the First Schedule or by a Deed under the provisions
of the Conveyancing and Law of Property Act. If in Form N such
power of attorney when executed and attested in manner prescribed
by this Act shall be filed in the office of the Registrar General who
shall, on payment of the prescribed fee, enter in the Register Book
a memorial of the particulars of such power of attorney, and the
date and the hour when it is filed. If by Deed such power of attorney
shall be registered under the provisions of the Registration of Deeds
Act and the Registrar General shall, upon payment of the prescribed
fee and upon being furnished with a request in writing indicating
the page or pages of the Register Book referring to the lands sought
to be dealt with under and the registered number of such power of
attorney, enter in the Register Book a memorial of the particulars
of such power of attorney. No power of attorney shall be deemed
to authorise any dealing with land under this Act until a memorial
has been entered as aforesaid.

100. (1) The proprietor of any land in respect of which a power
of attorney in Form N has been executed by him may, for the
purpose of revoking such power, execute an instrument in Form O
of the First Schedule, and the Registrar General shall, when such
instrument duly executed and attested in manner prescribed by
this Act is presented to him for the purpose, and on payment of the
prescribed fee, enter the particulars thereof in the Register Book,
and record thereon the date and hour on which such entry was
made, and shall file the same in his office, and after the date of
such entry the Registrar General shall not give effect to any
memorandum of transfer or other instrument executed pursuant to
such power of attorney.

(2) The powers vested in an attorney by a Deed under the
provisions of the Conveyancing and Law of Property Act may be
revoked in manner provided by that Act and after notice in writing
of such revocation is given to the Registrar General he shall not
give effect to any memorandum of transfer or other instrument
executed pursuant to such power of attorney.

Form N.
First Schedule.
Ch. 56:01.

Ch. 19:06.

Revocation of
power of
attorney.
Form O.
First Schedule.

Ch. 56:01.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 49

PART IX

JUDGMENTS, LIS PENDENS
EXECUTION AND FORFEITURE

101. When any memorandum of judgment under the Remedies
of Creditors Act or of lis pendens shall have been registered as
against any person, the Registrar General upon request in writing
and payment of the prescribed fee shall endorse a caveat on each
page of the Register Book relating to land of which such person is
the proprietor, and upon the endorsement of such caveat, the charge,
if any, therein referred to shall remain in force for three years,
unless such caveat shall be previously withdrawn or removed by
order of a Judge: Provided that on re-registration of such
memorandum of judgment or lis pendens, such caveat shall upon
request in writing and payment of the prescribed fee also be
renewed: Provided also, that when any such caveat as aforesaid
shall be entered in the Register Book, the Registrar General shall
make the corresponding entry on the duplicate grant or certificate
of title when produced to him, and he may require any such grant
or certificate of title to be delivered up to him for such purpose.

102. Whenever any land or any estate or interest in land under
the provisions of this Act shall be seized or sold by the Marshal
or the Registrar or bailiff of any Court under any writ, or shall be
sold under any direction, decree, or order of the Court or a Judge,
or of any other competent Court, the Registrar General, on being
served with an office copy of the writ, direction, decree, or order,
as the case may be, shall enter in the Register Book, and also upon
the instrument evidencing title to the said estate or interest, if
produced for that purpose, the date of the said writ, direction,
decree, or order, and the date and hour of its production, and
thereupon the Registrar of the Court, or other officer duly authorised
in that behalf, shall execute such instruments and do such acts and
things as, under the provisions of this Act, may be necessary or
proper to transfer or otherwise deal with the land, estate, or interest
in accordance with such writ, direction, decree, or order as
aforesaid, and on the production of the proper instruments and
payment of the prescribed fees, the Registrar General shall duly
register such transfer or other dealing: Provided that, subject to
the provisions hereinbefore contained respecting memoranda of

Judgments and
lis pendens.
Ch. 8:09.

Execution.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

50 Chap. 56:02 Real Property

judgments, no writ, direction, decree, or order shall bind or affect
any land under the provisions of this Act until such entry as
aforesaid has been made in the Register Book, nor before such
entry shall any sale or transfer by the Registrar or other officer be
valid as against a purchaser or mortgagee, notwithstanding that
such writ may have been actually in the hands of the Marshal,
Registrar, or bailiff at the time of any purchase or mortgage, or
notwithstanding such purchaser or mortgagee may have had actual
or constructive notice of the issue of such writ; and upon production
to the Registrar General of sufficient evidence of the satisfaction
of any writ so entered as aforesaid, he shall enter in the Register
Book a memorandum to that effect, and such writ shall be deemed
to be satisfied accordingly, and every such writ shall be deemed to
have lapsed unless the same shall be executed and put in force
within three months from the day on which it was entered in the
Register Book as aforesaid.

103. The Registrar General shall, on receiving from the Sub-
Intendant of State Lands a warrant of forfeiture, or a duplicate or
certified copy thereof, of any land under this Act, containing the
proper reference to the entry in the Register Book relating to such
land, enter a memorandum of such forfeiture in the Register Book,
and shall cancel the grant or certificate of title contained in the
Register Book, so far as it relates to the land, estate, or interest
forfeited, and may require the proprietor to deliver up, for similar
cancellation as herein provided, the duplicate grant or certificate
of title:

Provided that—
(a) the Registrar General shall furnish to the officers

having charge of the assessment rolls—
(i) a list of all the land within their respective

districts which are subject to the provisions
of this Act, giving in each case the proper
description of such land, the name of the
proprietor, and the number of the volume
and page in the Register Book relating
thereto; and

(ii) similar particulars to the officer in whose
district for purposes of assessment any land

Forfeiture and
change of
ownership.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 51

is situated whenever any person is entered
in the Register Book as the proprietor of
such land;

(b) every officer having charge of the assessment rolls
of any district shall set opposite to every entry
therein relating to land under the provisions of
this Act, the number of the volume and page of
the Register Book relating thereto;

(c) notwithstanding anything contained in the
Lands and Buildings Taxes Act, no land under
the provisions of this Act shall be deemed to be
forfeited unless the warrants of forfeiture relating
thereto shall contain the proper reference to the
entry in the Register Book relating thereto, or until
such cancellation in the Register Book as is
hereinbefore directed shall have been made;

(d) any acquittance given by the Sub-Intendant of
State Lands under the said Lands and Buildings
Taxes Act shall, if it relates to any land under this
Act, be notified by him to the Registrar General,
with the proper reference in each case to the entry
relating thereto in the Register Book; and the
Registrar General shall, on receipt of such
notification, make a memorandum of such
acquittance, and the reverting of the land thereby
affected, in the Register Book, and also on the
duplicate grant or certificate of title if delivered
to him for the purpose; and such cancellation
as aforesaid shall thereupon be deemed to
be annulled.

104. All regrants under the Lands and Buildings Taxes Act
relating to land under the provisions of this Act, may be noted in
the Register Book, and any such regrant or conveyance which
relates only to land under this Act may be registered in the Register
Book instead of in the Register of Deeds; and it shall be the duty
of the Sub-Intendant of State Lands to note on every such regrant
or conveyance the proper reference to the entry in the Register
Book relating to the land comprised therein, if such reference shall
have been brought to his knowledge.

Ch. 76:04.

Regrants.
Ch. 76:04.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

52 Chap. 56:02 Real Property

PART X

TRANSMISSION ON BANKRUPTCY,
INSOLVENCY AND INSANITY

105. Upon the bankruptcy or insolvency of a proprietor,
mortgagee, or encumbrancer, of any land, estate or interest under
the provisions of this Act, the trustee or liquidator of such bankrupt
or insolvent shall be entitled to be registered in respect of the same,
and the Registrar General, upon receipt of an office copy of the
certificate of his appointment, accompanied by an application in
writing under his hand to be so registered in respect of any land,
estate, or interest of such bankrupt or insolvent therein specified
and described, shall enter in the Register Book, upon the leaf
constituted by the grant or certificate of title of such land, and on
the duplicate grant or certificate of title, a note of the appointment
of such trustee or liquidator, and upon such entry being made, such
trustee or liquidator shall be deemed and taken to be the proprietor,
mortgagee, or encumbrancer, as the case may be, of the estate or
interest of such bankrupt or insolvent in such land, and shall hold
the same subject to the equities to which the bankrupt or insolvent
held the same; but for the purpose of any dealings with such land,
estate, or interest under the provisions of this Act, such trustee or
liquidator shall be deemed to be the absolute proprietor, mortgagee,
or encumbrancer thereof.

106. Subject to the provisions of the Bankruptcy Act, the
Companies Act and of this Act, a trustee in bankruptcy or a
liquidator may disclaim any land or interest therein which is subject
to this Act, and the Registrar General, on receiving such disclaimer
in writing, duly signed and properly referring to the land or interest
in question, and an office copy of the certificate of his appointment,
may make an entry relating thereto in the Register Book, and the
person entitled to any land or interest therein under this Act on the
determination of the estate or interest of the bankrupt or insolvent
or the persons claiming under him or it may thereupon apply to be
registered in respect thereof: Provided that if the property
disclaimed shall be a lease subject to mortgage, the mortgagee
shall be entitled to be registered as proprietor of such lease, and no

Registration of
trustee in
bankruptcy or
liquidator.

Disclaimer of
onerous
property.
Ch. 9:70.
Ch. 81:01.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 53

other applicant shall be registered as proprietor thereof except with
such mortgagee’s consent or by the order of the Court or a Judge.

107. The committee of an insane person may be registered
as the proprietor of any estate or interest in any land of which
the person is the proprietor on payment of the prescribed fee
and on furnishing the Registrar General with such evidence as
he may require.

PART XI

TRANSMISSION ON DEATH

108. (1) Where land is vested in a proprietor for any term or
estate beyond his life without a right in any other person to take by
survivorship or in remainder or reversion, it shall, on his death,
notwithstanding any testamentary disposition, devolve to and
become vested in his personal representatives as if it were a chattel
real vesting in them, and such personal representatives shall alone
be recognised by the Registrar General as having any right in
respect of the land, and any registered disposition by them shall
have the same effect as if they were the proprietors of the land.

(2) This section shall apply to any land over which a
person executes by Will a general power of appointment as if it
were land vested in him.

(3) Personal representatives may be registered as
proprietors of such land as aforesaid on payment of the prescribed
fee and on furnishing the Registrar General with a request in writing
setting forth the registered number of the probate of the Will or the
Letters of Administration of the estate of such deceased proprietor
together with such further evidence as the Registrar General
may require.

(4) It shall be lawful for the Registrar General to register
the Administrator General as proprietor of any land or of any
estate or interest therein forming part of any estate under nine
hundred and sixty dollars in value, of which he shall have taken
possession under the powers conferred on him by the
Administration of Estates Act, without the production of Probate
or Letters of Administration.

Registration of
committee of
insane person.

Devolution of
land:
Power of
personal
representatives
to deal with
land.

Power of
appointment.

Right of
personal
representatives
to be registered
as proprietors.

Administrator
General may be
registered as
proprietor in
certain cases.

Ch. 9:01.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

54 Chap. 56:02 Real Property

109. (1) Subject to the powers, rights, duties, and liabilities
hereinafter mentioned, the personal representatives of a deceased
person shall hold the land as trustees for the persons by law
beneficially entitled thereto, and those persons shall have the same
power of requiring a transfer thereof as they have of requiring a
transfer of personal estate.

(2) All enactments and rules of law relating to the effect
of Probate or Letters of Administration as respects chattels real,
and as respects the dealings with chattels real before Probate or
Administration, and as respects the costs of administration and
other matters in relation to the administration of personal estate,
and the powers, rights, duties, and liabilities of personal
representatives in respect of personal estate, shall apply to land
under this Act, so far as the same are applicable, as if that land
were a chattel real vesting in them or him, save that it shall not be
lawful for some or only one of several joint personal
representatives, without the authority of the Court or a Judge, to
transfer, lease, mortgage, or encumber such land.

110. No land under this Act shall be liable to any charge created
by the Will of a deceased proprietor until a memorandum of such
charge shall have been made by the Registrar General in the
Register Book. No such memorandum shall be entered in the
Register Book until application has been made on that behalf, and
the prescribed fee paid, and such evidence as the Registrar General
may require has been furnished that the land would, if not under
the Act, have been bound by such charge.

111. Nothing in this Act contained shall alter or affect the order
in which real and personal assets respectively are now applicable
in or towards the payment of funeral and testamentary expenses,
debts, or legacies.

112. At any time after the death of the proprietor of any land
under this Act, his personal representatives may assent to any
devise contained in his Will, or may transfer the land to any person
entitled thereto as next of kin, devisee, or otherwise, and may
make the assent or transfer either subject to a charge for the
payment of any money which the personal representatives are

Personal
representatives
to hold as
trustees for
beneficiaries.

Charges created
by Will to be
registered.

Order of
administration
of assets.

Assent to
devise.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 55

liable to pay, or without any such charge; and on such assent or
transfer, subject to a charge for all moneys, if any, which the
personal representatives are liable to pay, all liabilities of the
personal representatives in respect of the land shall cease, except
as to any acts done or contracts entered into by them before such
assent or transfer.

113. At any time after the expiration of one year from the death
of the proprietor of any land under this Act, if his personal
representatives have failed on the request of the person entitled
to the land to transfer the land to that person, the Judge may, if
he thinks fit, on the application of that person, and after notice
to the personal representatives, order that the person so entitled be
registered as proprietor of the land, either solely or jointly with
the personal representatives, and that the duplicate grant or
certificate of title be delivered up for cancellation or for the
proper endorsement.

114. Where the personal representatives of a deceased person
are registered as proprietors of land on his death, a fee shall not be
chargeable by the Registrar General on any transfer of the land by
them unless the transfer is for valuable consideration.

115. The production of an assent by the personal representatives
in Form P of the First Schedule, duly executed and attested in
manner prescribed by this Act, shall authorise the Registrar General
to register the person named in the assent as proprietor of the land.
Such assent shall be retained by the Registrar General and
registered: Provided that if such personal representatives are not
registered as proprietors of the land intended to be disposed of, the
Registrar General may refuse to register such persons as so entitled
under the Will of the deceased proprietor, until Probate or Letters
of Administration to his estate or an office copy thereof, and any
other evidence which he may require, have been supplied.

116. Whenever any mortgage, encumbrance or lease affecting
land under the provisions of this Act shall be transmitted in
consequence of the Will or intestacy of the proprietor thereof, the
personal representatives of such proprietor shall be registered as

Order for
registration of
beneficiary.

Fee on transfer
by personal
representatives.

Registration of
assent.
Form P.
First Schedule.

Registration of
personal
representatives
in respect of
mortgage,
encumbrance
or lease.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

56 Chap. 56:02 Real Property

proprietors of such mortgage, encumbrance or lease on payment
of the prescribed fee and on furnishing the Registrar General with
a request in writing stating the registered number of the probate of
the Will or Letters of Administration of the estate of such deceased
proprietor together with such further evidence as the Registrar
General may require.

117. Nothing in this Act shall exempt land from estate and
succession duties.

PART XII

TRUSTS

118. The Registrar General shall not make any entry in the
Register Book of any notice of trusts, whether expressed,
implied, or constructive, but trusts may be declared by any
instrument or Deed, which instrument or Deed may include as
well land under the provisions of this Act as land which is not
under the provisions thereof: Provided that the description of
the several parcels of land contained in such instrument or Deed
shall sufficiently distinguish the land which is under the
provisions of this Act from the land which is not under the
provisions thereof; and such instrument may be registered in
the Register of Deeds in accordance with the laws relating
thereto, but such registration shall not be deemed to affect any
purchaser from a proprietor with notice of any trust affecting
land under this Act.

119. If the proprietor of any land be a trustee, and the person
beneficially entitled thereto would, if the land were not under
this Act, be entitled to require that the legal estate be vested in
him, such beneficiary may take out a summons or commence an
action to compel the proprietor to transfer the said land, and on
the hearing of such summons or action an order may be made
directing the Registrar General, on payment of the proper fee, to
register such beneficiary as proprietor, and to issue to him a
certificate of title.

120. Upon the transfer of any land, estate, or interest under the
provisions of this Act to two or more persons as joint proprietors,

Estate and
succession
duties.

No entry of
trusts in
Register Book.

Proceedings by
beneficiary for
registration.

“No
survivorship”.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 57

it shall be lawful for the transferor to insert in the memorandum of
transfer or other instrument the words “no survivorship,” and the
Registrar General shall in such case include such words in the
memorial of such instrument to be entered by him in the Register
Book as hereinbefore directed, and shall also enter the said words
upon any certificate of title issued to such joint proprietors pursuant
to such memorandum of transfer; and any two or more persons
registered as joint proprietors of any land, estate, or interest under
the provisions of this Act, may, by writing under their hand
authorise the Registrar General to enter the words “no survivorship”
upon the grant or certificate of title, and also upon the duplicate
grant or certificate of title, and after such entry has been made and
signed by the Registrar General, in either such case as aforesaid, it
shall not be lawful for any less number of joint proprietors than
the number then registered to transfer or otherwise deal with
the said land, estate, or interest without the direction of the Court
or a Judge.

121. Before making any such order as aforesaid, the Court or a
Judge shall, if it seem requisite, cause notice of intention to do so
to be advertised three times at least in one daily newspaper
published in Trinidad and Tobago, and shall appoint a period of
time within which it shall be lawful for any person interested to
show cause why such order should not be issued, and thereupon it
shall be lawful for the said Court or Judge in such order to give
directions for the transfer of such land, estate, or interest to any
new proprietor or proprietors solely or jointly with or in the place
of any existing proprietor, or to make such order in the premises
as the Court or Judge thinks just for the protection of the persons
beneficially interested in such land, estate, or interest, or in the
proceeds thereof, and upon such order being deposited with the
Registrar General he shall make such entries and perform such
acts in accordance with the provisions of this Act as may be
necessary for the purpose of giving effect to such order.

122. Whenever the Court or a Judge shall, under any power in
that behalf conferred by any Act for the time being in force, make
any order respecting land under the provisions of this Act which
would, if such land had not been subject to such provisions, have
had the effect of vesting the legal estate or some interest in such

Order for
transfer
“where no
survivorship”.

Vesting orders.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

58 Chap. 56:02 Real Property

land in any person without any conveyance or transfer, the Registrar
General may, on the delivery of an office copy of such order, and
payment of the prescribed fees, duly register such order, and note
the same on the duplicate grant or certificate of title when produced,
and shall register such person as the proprietor of such land for the
proper estate, or entitled to such interest therein, without the
production of any instrument of transfer: Provided that, until such
order has been registered in the Register Book, it shall have no
effect as against a purchaser or mortgagee from the proprietor.

123. Whenever a proprietor entitled to or interested in land as a
trustee would be entitled to bring or defend any action in his own
name for recovering the possession of or enforcing a security on
land under the provisions of this Act, such person shall be bound
to allow his name to be used as a plaintiff or defendant in such
action by any beneficiary or other person claiming an estate or
interest in the said land or security who would, if the said land had
not been subject to the provisions of this Act, have been entitled to
bring such action either in his own name or that of the trustee:
Provided that the person entitled or interested as such trustee shall
in every such case be entitled to be indemnified in like manner as
a trustee would, if this Act had not been passed, have been entitled
to be indemnified in a similar case of his name being used in any
such action or proceeding by his cestui que trust.

124. When proprietors of land are trustees of a friendly society
the Registrar General shall on an application by their successors
in title endorse the applicants as proprietors on production of a
certificate from the Registrar of Friendly Societies that the land in
question is the property of the friendly society and that the
applicants are the trustees of that society.

PART XIII

CAVEATS AGAINST DEALINGS WITH
LAND UNDER THE ACT

125. Any beneficiary or other person claiming any estate or
interest in land under the provisions of this Act or in any lease,
mortgage, encumbrance, or settlement under any unregistered
instrument or by devolution of law or otherwise, or the Registrar

Trustee must
lend his name to
beneficiary.

Change in
trustees of
Friendly
Societies.

Caveats by
beneficiaries
and others.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 59

General, may lodge a caveat with the Registrar General in Form Q
of the First Schedule or as near thereto as circumstances permit,
forbidding the registration of any person as transferee or proprietor
of and of any instrument affecting such estate or interest, either
absolutely or until after notice of the intended registration or
dealing is given to the caveator, or unless such instrument is
expressed to be subject to the claim of the caveator as is required
in such caveat, or unless the caveator consent in writing thereto.
Every such caveat shall state the name and address of the person
by whom or on whose behalf the same is lodged, and shall contain
a sufficient description to identify the land and the estate or
interest therein claimed by the caveator or by the person on
whose behalf the caveat is lodged, and, except in case of caveats
lodged by order of the Court, or by the Registrar General as
hereinbefore provided, shall be signed by the caveator or by
his Attorney-at-law or duly registered attorney. The person
lodging such caveat shall, if required by the Registrar General,
support the same by a statutory declaration, stating the nature
of the title under which the claim is made. Every notice relating
to such caveat or to any proceedings in respect thereof, if
served at the address mentioned in such caveat or at the
address of the Attorney-at-law or duly registered attorney who
may have signed the same, shall be deemed to be duly served
and every such caveat may be withdrawn by the caveator or
his Attorney-at-law or duly registered attorney.

126. Upon the receipt of such caveat the Registrar General
shall notify the same to the person against whose application to be
registered as proprietor, or, as the case may be, to the proprietor
against whose title to deal with the estate or interest such caveat
has been lodged; and such applicant or proprietor or any person
claiming under any transfer or other instrument signed by the
proprietor may, if he thinks fit, take out a summons to compel the
caveator or the person on whose behalf such caveat has been lodged
to show cause why such caveat should not be removed; and it
shall be lawful for the Court or Judge to make such order either
ex parte or otherwise, as to the Court or Judge may seem fit; and,
except in the case of a caveat lodged by or on behalf of a
beneficiary claiming under any Will or settlement or by the
Registrar General for the protection of incapable persons or the

Form Q.

First Schedule.

Procedure on
caveat.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

60 Chap. 56:02 Real Property

prevention of fraud, every such caveat lodged against a proprietor
shall, unless an order to the contrary shall have been made by the
Court or a Judge, be deemed to have lapsed upon the expiration of
fourteen days after notice given to the caveator that such proprietor
has applied for the registration of a transfer or other dealing with
such land, estate or interest; but if before the expiration of such
period of fourteen days or such further period as is specified in
any order made under this section the caveator or his Attorney-at-
law or duly registered attorney appears before the Court or a
Judge and gives such undertaking or security or lodges such sum
in Court as the Court or a Judge considers sufficient to indemnify
every person against any damage that may be sustained by reason
of any disposition of the proprietor being delayed, then and in such
case the Court or a Judge may direct the Registrar General to delay
registering any dealing with the land, lease, mortgage or encumbrance
for a further period to be specified in such order, or may make such
order, and in either case such order as to costs, as is just.

127. So long as any caveat remains in force prohibiting any
registration or dealing, the Registrar General shall not, except in
accordance with some provision of such caveat or with the consent
in writing of the caveator or his Attorney-at-law or duly registered
attorney, enter in the Register Book any change in the proprietorship
of or any transfer or other instrument purporting to transfer or
otherwise deal with or affect the estate or interest in respect of which
such caveat is lodged.

128. Any person lodging any caveat with the Registrar General
without reasonable cause shall be liable to make to any person
who may have sustained damage thereby such compensation as
may be just, and such compensation shall be recoverable in an
action at law by the person who has sustained damage from the
person who lodged the caveat.

129. Where a caveat has been lodged by or on behalf of a
beneficiary claiming under a Will or settlement and a change in
the proprietorship of or a transfer or other dealing with or affecting
the land, estate or interest in respect of which the caveat was lodged
is presented for registration, the same may notwithstanding the
provisions of section 127 be registered without the caveat being
withdrawn and without determining the operation of the caveat,

No dealings
while caveat
in force.

Frivolous
caveat.

A caveat on
behalf of a
beneficiary
under a Will or
settlement need
not be removed
to admit
registration of a
dealing
authorised by
the Will or
settlement.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 61

provided the Registrar General is of opinion that such change of
proprietorship or such transfer or other dealing is authorised by the
Will or settlement and the caveator either consents in writing to the
registration or does not lodge a written protest against such registration
within fourteen days after being served with notice as such caveator.

PART XIV

INSTRUMENTS—THEIR EXECUTION,
CORRECTION, SUBSTITUTION, LOSS, ETC.

130. (1) Every instrument executed after the commencement
of this Act by the proprietor, mortgagee, encumbrancer, or other
person having any estate or interest in any land under this Act
shall be executed and attested as follows:

(a) when a party executes the same in Trinidad and
Tobago the instrument must be executed in the
presence of one witness at least not being a party
thereto and of a qualified functionary, and the
signing thereof must be attested by one such
witness at least subscribing his name with the
addition of his place of abode or business and his
profession, occupation, or condition in life and
by the qualified functionary subscribing his
name with the addition of his qualification under
this section;

(b) when a party executes the same out of Trinidad
and Tobago the instrument must be executed in
the presence of one witness at least not being a
party thereto, and the signing thereof must be
attested by one such witness at least subscribing
his name with the addition of his place of abode
or business and his profession, occupation or
condition in life; and

(c) when a company or corporation executes the
same, the instrument may be executed and attested
in manner prescribed by Act or Ordinance or the
common law.

(2) A qualified functionary shall not subscribe an
instrument under this section unless it bears the signature of an
Attorney-at-law as having prepared such instrument.

Mode of
execution and
effect of
instrument.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

62 Chap. 56:02 Real Property

(3) Every instrument so executed shall when registered
have the force and effect of a Deed made by the parties signing
the same.

(4) The expression “qualified functionary” means a Judge,
a Justice, an Attorney-at-law or the Registrar of the Supreme Court.

131. In all cases in which any instrument referred to in
section 130 is executed by any person within Trinidad and
Tobago the affidavit or solemn declaration proving such
execution may be made before a Judge, or a Commissioner of
Affidavits. The affidavit or declaration may be in Form R in
the First Schedule and may be endorsed upon, or written at the
foot or in the margin of, the instrument or may be separate and
refer to the instrument as an exhibit.

132. In all cases in which any instrument referred to in
section 130 shall have been executed out of Trinidad and
Tobago the affidavit or solemn declaration of the witness
proving such execution may be made and the making of the
same may be certified in the like manner to that prescribed
for Deeds executed out of Trinidad and Tobago by section 10
of the Registration of Deeds Act.

133. The Registrar General may refuse to register any
instrument executed by a person signing his name in foreign
characters, or by making his mark, unless the same bears upon it
a certificate by an Attorney-at-law, or by a Justice, or by a duly
licensed interpreter, that he has explained or caused to be
explained the true purport of such instrument to such person so
signing as aforesaid, and that he is satisfied that such person
understands the same.

134. (1) Upon the application of any proprietor of land held
under separate grants or certificates of title, or under one grant or
certificate of title, and upon the delivering up of such grant or
grants, certificate or certificates of title, it shall be lawful for the
Registrar General to issue to such proprietor a single certificate of
title for the whole of such land, or several certificates of title, each
containing a portion of such land, in accordance with such
application, and as far as the same may be done consistently with

Attestation of
instruments in
Trinidad and
Tobago.
[25 of 1955].

Form R.

First Schedule.

Attestation of
instruments out
of Trinidad and
Tobago.

Ch. 19:06.

Execution of
instrument by
marksman.

Consolidation
and sub-division
of certificates
of title.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 63

any regulations for the time being in force respecting the parcels
of land that may be included in one certificate of title; and upon
issuing any such certificate of title the Registrar General shall cancel
the grant or previous certificate of title of such land so delivered
up, and shall endorse thereon a memorandum setting forth the
occasion of such cancellation, and referring to the certificate of
title so issued.

(2) It shall be lawful for the Registrar General to issue to
the proprietor of any mines, minerals or quarries in or underlying
land (hereinafter in this section called “surface land”) held under
the provisions of this Act a certificate of title of such mines, minerals
or quarries. In issuing such certificate of title it shall be lawful for
the Registrar General to dispense with the production of the
duplicate grant or certificate of title of the surface land. A
memorandum of the issue of such certificate of title shall be
endorsed on the grant or certificate of title of the surface land and
on the duplicate grant or certificate of title of the same; and if the
production of the duplicate has been dispensed with such
memorandum shall be endorsed on such duplicate when it shall
next be produced to the Registrar General.

(3) Whenever any estate or interest in any mines,
minerals or quarries in or underlying any land held under the
provisions of this Act is transferred apart from the surface land
the Registrar General may refuse to register such transfer except
application be made to him for the issue of a separate certificate
of title in respect of such estate or interest in such mines, minerals
or quarries as aforesaid. A memorandum of the issue of such
certificate of title shall be endorsed on the grant or certificate of
title of the surface land and on the duplicate grant or certificate
of title of the same.

(4) It shall be lawful for the Registrar General to issue a
certificate of title to the proprietor of any lease under which there
shall be a term of not less than twenty-one years unexpired, and
such certificate of title shall refer to the reversion expectant upon
the term of such lease. The Registrar General shall from time to
time enter on such certificate of title memorials of all mortgages,
sub-leases, dealings or other interests affecting or relating to the
leasehold estate or interest created by such lease.

Certificate of
title of mines,
minerals and
quarries.

New certificate
of title on
transfer of
mines, minerals
and quarries.

Certificate of
title to
leaseholds.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

64 Chap. 56:02 Real Property

135. The Registrar General may dispense with the production
of any duplicate grant, certificate of title or instrument for the
purpose of entering thereon any memorial by this Act required.
In every such case upon the registration of the dealing the Registrar
General shall notify in the memorial in the Register Book that no
entry of such memorial has been made on the duplicate and such
dealing shall thereupon be as valid and effectual as if such memorial
had been entered thereon. The Registrar General may dispense
with the production of the duplicate grant or certificate of title
required to be delivered up prior to the registration of a devisee
or other person on the transmission of an estate of freehold:
Provided always that before registering such dealing or
transmission the Registrar General shall require proof by statutory
declaration that the duplicate is not deposited or held as security
or lien, and shall give at least fourteen days’notice of his intention
to register such dealing in at least one daily newspaper published
in Trinidad and Tobago.

136. In the event of the duplicate grant or certificate of title
being lost or destroyed, application may be made to the Registrar
General for the issue of a new certificate of title, and the Registrar
General may, on proof by statutory declaration to his satisfaction
of the loss or destruction of the duplicate grant or certificate of
title, cancel the grant or certificate of title for the land then
comprised in the grant or certificate of title the duplicate whereof
has been lost or destroyed and issue a new certificate of title for
such land: Provided that the Registrar General before issuing such
new certificate of title shall give at least fourteen days’ notice of
his intention so to do in at least one daily newspaper published in
Trinidad and Tobago.

137. The provisions of any transfer, lease, sub-lease, mortgage,
sub-mortgage or encumbrance registered under this Act may be
varied by a memorandum of variation in Form S of the First
Schedule or in such other form as may be approved by the Registrar
General duly executed by the necessary parties and registered under
this Act.

138. In case it shall appear to the satisfaction of the Registrar
General that any grant, certificate of title or other instrument has

The Registrar
General may
dispense with
duplicate grants,
etc., in certain
cases.

Provision in
case of lost
grant or
certificate
of title.

Variation of
instruments.

Form S.
First Schedule.

Correction of
errors.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 65

been issued in error, or contains any misdescription of land or of
boundaries made in error, or that any entry or endorsement has
been made in error, on any grant, certificate of title, or other
instrument, or that any such grant, certificate of title, instrument,
entry, or endorsement has been fraudulently or wrongfully obtained,
or that any such grant, certificate of title, or instrument is
fraudulently or wrongfully retained, he may require the person to
whom such grant, certificate of title, or instrument has been so
issued, or by whom it has been so obtained or is retained, to deliver
up the same for the purpose of being cancelled or corrected as the
case may require.

139. In any case in which the Registrar General is entitled to
require the delivery up to him of any instrument for cancellation,
correction, or endorsement, he or any person interested may take
out a summons against the party alleged to have been in possession
of such instrument to show cause why such instrument should not
be delivered up for such purpose, and if such person when served
with such summons shall not appear at the time therein appointed,
it shall be lawful for the Judge to issue a warrant authorising and
directing that person so summoned to be apprehended and brought
before a Judge for examination.

140. Upon the appearance before the Court or Judge of any
person summoned or brought up by virtue of a warrant as aforesaid,
it shall be lawful to examine such person upon oath, and, in case
the same shall seem proper, to order such person to deliver up
such instrument as aforesaid, and, upon refusal or neglect by such
person to deliver up the same pursuant to such order, to commit
such person to prison and, in such case or in case such person shall
have absconded, so that summons cannot be served upon him as
hereinbefore directed, the Registrar General shall, if the
circumstances of the case require it, issue to the proprietor of the
land such certificate of title or other instrument as is herein provided
to be issued in the case of any grant or certificate of title being
lost, mislaid, or destroyed, and shall enter in the Register Book
notice of the issuing of the certificate of title or other instrument,
and the circumstances under which the same was issued, and such
other particulars as he may deem necessary.

Procedure to
compel delivery
up of
instruments.

Failure to
deliver up
instrument.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

66 Chap. 56:02 Real Property

PART XV

INDEFEASIBILITY OF TITLE
AND REMEDIES OF PERSONS INJURED

141. Except in the case of fraud, no person contracting or
dealing with or taking or proposing to take a transfer from the
proprietor of any estate or interest shall be required or in any manner
concerned to enquire or ascertain the circumstances under, or the
consideration for which, such proprietor or any previous proprietor
of the estate or interest in question is or was registered, or to see to
the application of the purchase money or of any part thereof, or
shall be affected by notice, direct or constructive, of any trust or
unregistered interest, any rule of law or equity to the contrary
notwithstanding, and the knowledge that any such trust or
unregistered interest is in existence shall not of itself be imputed
as fraud.

142. Any grant or certificate of title registered under the
provisions of this Act, so long and so far as it remains uncancelled
in the Register Book, and so far as no discrepancy is shown to
exist between it and the duplicate thereof, shall be conclusive
evidence of the matters thereon stated, or thereon endorsed by the
Registrar General, except as in this Act provided.

143. No action of ejectment or other action for the recovery of
any land shall lie or be sustained against the person registered as
proprietor thereof under the provisions of this Act, except in any
of the following cases:

(a) the case of a mortgagee or an annuitant or a
lessor as against a mortgagor or a grantor or a
lessee in default;

(b) the case of a person deprived of any land by fraud,
as against the person registered as proprietor of
such land through fraud; or as against a person
deriving, otherwise than as a transferee bona fide
for value, from or through a person so registered
through fraud;

(c) the case of a person deprived of or claiming any
land included in any grant or certificate of title

Transfers and
other dealings
good
notwithstanding
notice of trust or
unregistered
interest.

Certificate of
title conclusive
as to matters
therein stated.

No action
against
proprietor for
ejectment or
recovery of
land.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 67

of other land by misdescription of such other
land or of its boundaries, as against the proprietor
of such other land not being a transferee thereof
bona fide for value;

(d) the case of a proprietor claiming under the
instrument of title prior in date of registration
under the provisions of this Act, where two or
more grants or two or more certificates of title,
or a grant and a certificate of title, may be
registered under the provisions of this Act in
respect of the same land:

And in any case other than as aforesaid, the production of the
original grant, certificate of title, or other instrument shall be held,
both at law and in equity, to be an absolute bar and estoppel to any
such action against the person named in such instrument as the
proprietor of the land therein described, any rule of law or equity
to the contrary notwithstanding: Provided that nothing herein
contained shall prevent a plaintiff from obtaining in an action
judgment for specific performance of a contract for the sale or
lease of land under this Act, nor prevent a beneficiary entitled to
call for a transfer from a trustee from obtaining a decree for such
transfer or such vesting order as hereinbefore mentioned.

144. Whenever an action shall be brought against a proprietor
or person holding a grant or certificate of title in either of the two
cases excepted in the last preceding section at paragraphs (c) and
(d), if the defendant or any person through whom he claims shall
have made improvements on the land since obtaining a grant or
certificate of title thereto, then, whether he admit or deny the
plaintiff’s title, he may plead the fact of such improvements being
made, and may set a value thereon and also on the land as distinct
therefrom, and give evidence thereof at the trial, and if judgment
be given for the plaintiff, or his title be admitted, the Court or a
Judge may, if he thinks the justice of the case so requires, assess
the value of the alleged improvements, and may also separately
assess the value which the land would have possessed if the said
improvements had not been made. And no writ of possession shall
issue in such case unless the plaintiff shall first pay into Court, for

Compensation
for
improvements.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

68 Chap. 56:02 Real Property

the use of the defendant, the value of the improvements so assessed,
deducting only the costs, if any, to which he shall be entitled in the
action; and if the plaintiff shall fail to make such payment within
three months after judgment, the amount to which he is entitled
shall thereafter be limited to the sum separately assessed as the
value of the land together with costs of suit; and the defendant
shall, upon satisfaction thereof, be entitled to retain the land and
improvements, and in either case the Registrar General shall be
entitled, under the power hereinbefore conferred, to require to be
delivered up any grant or certificate of title which shall be held by
the party whose right to the land shall have determined: Provided
that in every case in which the defendant shall be entitled to
indemnity from the Assurance Fund, the Registrar General shall
be made a co-defendant, and may defend the action either severally
or jointly or may leave the defence wholly to his co-defendant, as
he shall see fit; and in no case shall the Assurance Fund be liable
to the principal defendant for any greater damages than he shall
actually sustain as the result of such action, after using all
reasonable diligence in the defence thereof.

145. Any person deprived of land under paragraphs (b), (c),
and (d) of section 143 may bring an action at law against the person
upon whose application such land was brought under the provisions
of this Act by fraud or misdescription, or such erroneous registration
was made, or who acquired title to the estate or interest in question
through such fraud, error, or misdescription: Provided always, that
in every case in which the fraud, error, or misdescription shall
occur upon a transfer made for value, the person making the transfer
and receiving the value shall be regarded as the person upon whose
application the grant or certificate of title was issued to the
transferee: Provided further that, except in the case of fraud or
error occasioned by any omission, misrepresentation, or
misdescription in the application of such person to bring such land
under the provisions of this Act or to be registered as proprietor of
such land, estate, or interest, or in any instrument executed by him,
such person shall, upon a transfer of such land bona fide for value,
cease to be liable for the payment of any damages which but for
such transfer might have been recovered from him under the
provisions hereinbefore contained; and in such last-mentioned case,

Damages for
ejectment.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 69

and also in case the person against whom such action for damages
is directed to be brought as aforesaid shall be dead, or shall have
been adjudged bankrupt, or become insolvent, or cannot be found
within the jurisdiction, then and in any such case such damages
with costs of action may be recovered from the Assurance Fund
by action against the Registrar General as nominal defendant:
Provided further that in estimating such damages the value of all
buildings and other improvements erected or made subsequently
to the deprivation shall be excluded.

146. Nothing in this Act contained shall be so interpreted as
to leave subject to action for recovery of damages as aforesaid,
or to action for recovery of land, or to deprivation of the estate or
interest in respect to which he is registered as proprietor, any
purchaser or mortgagee bona fide for valuable consideration of
land under the provisions of this Act on the plea that his vendor
or mortgagor may have been registered as proprietor or procured
the registration of such transfer to such purchaser or mortgagee
through fraud or error, or may have derived title from or through
a person registered as proprietor through fraud or error, and this
whether such fraud or error shall consist in wrong description of
the boundaries or of the parcels of land, or otherwise, howsoever.

147. Upon making any order affecting the estate or interest of
any proprietor of land registered under the provisions of this Act it
shall be lawful for the Court or a Judge, in any case in which such
proceeding is not herein expressly barred, to direct the Registrar
General to cancel any certificate of title or instrument or any entry
or memorial in the Register Book relating to such land, estate or
interest, and to substitute such certificate of title or entry or to
make such other entry as the circumstances of the case require;
and the Registrar General shall give effect to such order.

148. Any person sustaining loss or damage through any
omission, mistake, or misfeasance of the Registrar General, or any
of his officers or clerks, in the execution of their respective duties
under the provisions of this Act, or by the registration of any other
person as proprietor of such land, or by any error, omission, or
misdescription in any certificate of title, or any entry or memorial

Savings for
purchasers for
value.

Power of Court
to direct
cancellation or
making of
entries, etc.

Damages for
error of
Registrar
General, etc.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

70 Chap. 56:02 Real Property

in the Register Book, and who, by the provisions of this Act, is
barred from bringing action for the recovery of such land, estate,
or interest, may, in any case in which the remedy by action for
recovery of damages as hereinbefore provided is inapplicable,
bring an action for recovery of damages against the Registrar
General as nominal defendant.

149. If in any such action the plaintiff recover final judgment,
then the Court or Judge before whom such action may be tried
shall certify the fact of such judgment and the amount of damages
and costs recovered, and the amount of such damages and costs
shall be paid to the person recovering the same, and shall be charged
to the account of the Assurance Fund; and in case the balance to
the credit of the Assurance Fund shall be inadequate to defray the
amount specified, such sum as may be necessary for that purpose
shall be paid out of the Consolidated Fund, and the amount so
advanced shall be repaid from the Assurance Fund as the same
may thereafter accrue.

150. (1) No action for recovery of damages sustained through
deprivation of land, or of any estate or interest in land as
hereinbefore described, shall lie or be sustained against the
Registrar General, or against the person upon whose application
such land was brought under the provisions of this Act, or against
the person who applied to be registered as proprietor in respect
to such land, or against the person certifying any instrument as
aforesaid, unless such action shall be commenced within the
period of six years from the date of such deprivation: Provided
that any person being under the disability of infancy, or
unsoundness of mind may bring such action within six years
from the date on which such disability shall have ceased:
Provided further, that in no case shall any such action be brought
after twenty-seven years shall have elapsed from the accrual of
such right of action.

(2) The plaintiff in any such action, or in an action for the
recovery of land, shall be non-suited in any case in which the
deprivation complained of may have been occasioned through the
bringing of land under the provisions of this Act, if it shall be
made to appear to the satisfaction of the Court before which such
action shall be tried that such plaintiff, or the persons through or

Payment of
damages.

Limitation of
actions.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 71

under whom he claims title, had notice by personal service or
otherwise or was aware that application had been made to bring
such land under the provisions of this Act, and had wilfully,
collusively, or negligently omitted to lodge a caveat forbidding
the same, or allowed such caveat to lapse.

151. Whenever any amount has been paid out of the Assurance
Fund on account of any person who may be dead, such amount
may be recovered from the estate of such person by action against
his personal representatives in the name of the Registrar General,
and whenever such amount has been paid on account of a person
who shall have been adjudged bankrupt or become insolvent, the
amount so paid shall be considered to be a debt due from the estate
of such bankrupt or insolvent, and a certificate signed by the
Comptroller of Accounts certifying the fact of such payment and
delivered to the Official Receiver shall be sufficient proof of such
debt; and whenever any amount has been so paid on account of
any person who may have absconded, or who cannot be found
within the jurisdiction of the Court, and may have left any real or
personal estate within Trinidad and Tobago, it shall be lawful for
the Court or a Judge, upon the application of the Registrar General,
and upon the production of a certificate signed by the Comptroller
of Accounts certifying that the amount has been paid in satisfaction
of a judgment against the State, to allow the Registrar General to
sign judgment against such person forthwith for the amount so
paid, together with the costs of the application, and such judgment
shall be final and signed in like manner as a final judgment by
confession or default in an adverse suit, and execution may issue
immediately; and if such person shall not have left real or personal
estate within Trinidad and Tobago sufficient to satisfy the amount
for which execution may have been issued as aforesaid, it shall be
lawful for the Registrar General to recover such amount, or the
unrecovered balance thereof, by action against such person at any
time thereafter when he may be found within the jurisdiction of
the Court.

152. Neither the State nor the Assurance Fund shall under any
circumstances be liable for compensation for any loss, damage, or
deprivation occasioned by the breach by a proprietor of any trust
whether express, implied, or constructive, nor in any case in which
the same land may have been included in two or more grants from

Recovery of
amount paid
from estate of
deceased,
bankrupt or
insolvent.

No
compensation
for loss from
breach of trust,
nor from
misdescription,
except in
certain cases.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

72 Chap. 56:02 Real Property

the State; nor in any case in which such loss or deprivation has
been occasioned by any land being included in the same certificate
of title with other land through misdescription of boundaries or
parcels of any land, unless, in the case last aforesaid, it shall be
proved that the person liable for compensation and damages is
dead or has absconded or has been adjudged bankrupt or become
insolvent, or the Marshal shall certify that such person is unable to
pay the full amount awarded in any action for recovery of such
compensation and damages.

153. The Registrar General shall not in his personal capacity
nor shall any person acting under his authority, be liable to any
action, suit, or proceeding for or in respect of any act or matter
bona fide done or omitted to be done under this Act.

PART XVI

OFFENCES

154. If any person fraudulently procures, assists in fraudulently
procuring, or is privy to the fraudulent procurement of, any grant,
certificate of title or other instrument, or of any entry in the Register
Book, or of any erasure or alteration in any entry in the Register
Book or in any instrument or form issued by the Registrar General,
or fraudulently uses, assists in fraudulently using, or is privy to
the fraudulent using of, any form purporting to be issued or
sanctioned by the Registrar General, or knowingly misleads or
deceives any person hereinbefore authorised to demand explanation
or information in respect of any land or the title to any land which
is the subject of any application to bring the same under the
provisions of this Act, or in respect of which any dealing or
transmission is proposed to be registered or recorded, such person
shall be guilty of a misdemeanour, and shall be liable to a fine of
two thousand four hundred dollars, or to imprisonment for three
years; and any grant, certificate of title, entry, erasure, or alteration
so procured or made by fraud shall be void as regards all persons
who may be parties or privy to such fraud.

155. No proceeding or conviction for any act hereby declared
to be a misdemeanour, shall affect any remedy which any person

Saving of
Registrar
General from
personal
liability.

Frauds.

Saving of civil
remedies.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 73

aggrieved or injured by such act may be entitled to at law or in
equity against the person who has committed such act or against
his estate.

156. All offences against the provisions of this Act may be
prosecuted in the name of the Registrar General before any Court
in Trinidad and Tobago having jurisdiction for the punishment of
offences of the like nature.

157. Except as otherwise herein provided all sums of money
declared to be due or owing under the provisions of this Act may
be recovered in the manner provided in the State Liability and
Proceedings Act.

PART XVII

MISCELLANEOUS

158. (1) The Registrar General is authorised to charge such
fees for the various matters to be done or permitted under this
Act as shall be prescribed from time to time, and, until any such
fees shall be so prescribed, and subject thereto, may charge, for
the matters and things mentioned in the Second Schedule, the
several fees prescribed therefor respectively in the said
Schedule. Such fees shall not be in lieu of the cost of any
advertisements directed or proper to be published by or under
this Act, which shall be paid in each case by the applicant.

(2) Any person may, at the prescribed times, on payment
of the prescribed fees, and subject to the prescribed conditions,
search the Register Book, and obtain copies of any entry therein.

159. Subject to the prescribed rules, the Court or a Judge may
direct the Registrar General to do, or abstain from doing, all such
acts as such Registrar General is authorised to do or to abstain
from doing under this Act.

160. (1) In the conduct of actions and other matters under this
Act the same rules of procedure and practice shall apply, and there
shall be the same rights of appeal as are in force or exist for the time

Prosecutions.

Recovery of
moneys due
under Act.
Ch. 8:02.

Fees.

Second
Schedule.

Searches and
copies.

Registrar
General subject
to directions of
Judge.

Rules as to
procedure and
practice.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

74 Chap. 56:02 Real Property

being in respect of ordinary actions in the Court in which such actions
may be tried: Provided that the Chief Justice, with the concurrence
of a Puisne Judge, shall have power to make Rules for regulating
procedure and proceedings under this Act, and until such Rules shall
have been made, and so far as no such Rules shall extend, the Rules
contained in Part I of the Third Schedule shall be deemed to have
been made and to be in force.

(2) The fees prescribed in Part II, Part III and Part IV of
the Third Schedule may be charged by Attorneys-at-law for
professional work in respect of the matters specified therein.

161. The Registrar General may, by the direction the Court or a
Judge, abstain from making any particular entry or cancellation in
the Register Book pending an appeal.

162. The Registrar General may, subject to any Rules made by
the Judges under the powers in that behalf hereinbefore contained,
make such alterations in the several forms of instruments prescribed
in the First Schedule and settle such additional forms as he may
deem requisite; and the forms for the time being in force may be
modified or altered in expression to suit the circumstances of every
case; and any variation from such forms respectively in any respect,
not being a matter of substance, shall not affect their validity or
regularity: Provided that the Registrar General may refuse to accept
any instrument of whose substantial conformity with the proper
form he is not satisfied.

PART XVIII

MAINTENANCE OF RECORDS IN ELECTRONIC FORM

163. (1) Notwithstanding anything in this Act or in any other
written law, from the commencement of this Part—

(a) the Registrar General shall, in relation to anything
required to be established and registered under
the provisions of this Act, establish and maintain
an electronic system for such purposes;

Third Schedule.

Professional
charges.

Stay pending
appeal.

Alteration of
forms.

First Schedule.

Transitional
provisions.
[71 of 2000].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 75

16 of 2000.

Modification of
this Act to
facilitate
maintenance of
records
electronically.
[71 of 2000].

(b) subject to subsection (2) it shall be lawful for the
Registrar General to discontinue the use of the
manual system—

(i) where the records maintained by the
manual system are converted to the
electronic system; or

(ii) where all the records in respect of the
land brought under this Act have been
registered under the Registration of Titles
to Land Act, 2000,

whichever occurs first.

(2) Nothing in this section shall preclude the Registrar
General from reverting to the manual system where, in his opinion,
such a reversion is necessary.

164. For the purpose of converting to the electronic system
referred to in section 163, the provisions of this Act specifying
requirements for the maintenance or cancellation or endorsement
of records, shall be deemed to have been modified to facilitate
the conversion for the performance of the duties of the
Registrar General.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

76 Chap. 56:02 Real Property

FIRST SCHEDULE
FORM A

I, A.B., of ............... do solemnly and sincerely declare as follows: that
I am (or on behalf of X. Y., that he is) seised of an estate of (here state
whether of inheritance or of a life estate or leasehold for life or lives or
term of years and whether held in trust) in all that piece of land situate in
(here state the situation) containing (here state the area) be the same a
little more or less (exclusive of roads intersecting the same if any) with
(here state rights of way and other privileges or easements appertaining
and set forth a sufficient description to identify the land) which piece of
land is of the value of $ .................. and no more, and is (the town allotment
or country section or is part of the town allotment, country section, or
reserve) originally granted to .............................. by grant under the hand
and seal of .............................. formerly President of Trinidad and Tobago.

Dated, etc.

And I do further declare that I am not aware of any mortgage, encumbrance,
or claim affecting the said land, or that any person hath any claim, estate, or
interest in the said land at law or in equity in possession or in expectancy other,
than is set forth as follows that is to say (here state particulars of mortgages,
encumbrances, dower, lease, or other interest to which the land may be subject),
and I further declare that there is no person in possession or occupation of the
said land adversely to my estate or interest therein and that the said land is now
(here state the name and description of occupier or that the land is occupied)
and that (here state the names and addresses of both owners and occupiers of
lands contiguous thereto) and that there are no Deeds or instruments of title
affecting such land in my possession or under my control or to my knowledge
registered in the offce of the Registrar General, other than those enumerated in
the Schedule hereto or at the foot hereof, and I make this declaration
conscientiously believing the same to be true and according to the Statutory
Declarations Act, and I am aware that if there is any statement in this declaration
which is false in fact, or which I know or believe to be false, or do not believe to
be true, I am liable to fine and imprisonment.

Dated, etc.

Signature of A.B.

Made and subscribed by the above-named

this ................ day of......................

20...., in the presence of me

I, A.B., the above declarant do hereby apply to have the piece of land described
in the above declaration brought under the provisions of the Real Property Act.

Dated, etc.
Witness to signature, C.D.

(Section 8).

Registrar General (or
Deputy Registrar General,
or Justice of the Peace or
other qualified official).{

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 77

FORM B

NOTICE
Application has been made to bring the land hereunder described under the

Real Property Act, on a title claimed by possession (insert if applicable as to part).
The number of the application is
Date of application to the Registrar General
Name, address, and occupation of applicant
Land applied for [here insert description the same as in advertisement].
Dated, etc.
(Signature or copy of signature of applicant or his agent.)

FORM C

CAVEAT UNDER SECTION 22
Take notice that I, ........................................ of .................., claiming estate

or interest [here state the nature of the estate or interest claimed and the ground
on which such claim is founded] in land decribed as [here state particulars of
description from declaration of applicant] in notice dated the .........................
day of ................ 20...., advertising the same as land in respect of which claim
has been made to have the same brought under the provisions of the Real Property
Act, do hereby forbid the bringing of the said land under the provisions of the
said Act.

And I appoint ........................ as the place at which notices relating hereto
may be served.

Dated, etc.
Signed in my presence this ............................ day of ............ 20.....

To the Registrar General.

FORM D

REAL PROPERTY ACT
CERTIFICATE OF TITLE

A.B., of............................ [here insert description, and, if certificate be issued
pursuant to any transfer, reference to memorandum of transfer] is now seised
of an estate [here state nature of estate] subject nevertheless to such mortgages
or encumbrances as are notified by memorial underwritten or endorsed hereon,
in that piece of land situated in the (Ward, District, or Town) of [here insert
sufficient description to identify the land referring to map or diagram].

In witness whereof, I have hereunto signed my name and affixed my seal this
.............. day of ................ 20....

Registrar General
or Deputy Registrar General.

(Section 18).

(Section 22).

(Section 22).

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

78 Chap. 56:02 Real Property

FORM E

AFFIDAVIT OR STATUTORY DECLARATION IN
SUPPORT OF A CLAIM TO TITLE BY POSSESSION

(Heading as in the action.)

I, A.B., of ......................... make oath and say that (or do solemnly and sincerely
declare as follows):

1. Set forth the name, address, and occupation of the applicant.

2. Set forth the acreage, situation, boundaries and description of the land
affected by the proceedings and the reference to the grant or certificate of title
relating to such land.

3. Set forth particulars of the possession on which the claim is based—
(a) the date on and circumstances in which the possession

commenced;
(b) the name of the person by whom the possession was

commenced;
(c) the duration of his possession and the nature thereof;
(d) the subsequent history and nature of the possession up to the

time of lodging the application; and
(e) the names of the persons who have paid the taxes and annex

the tax receipts if any.

4. State that there are no documents or evidence of title affecting such land
in the possession or under the control of the applicant other than those included
in the Schedule hereto.

5. State that there are no mortgages or encumbrances registered on the above
mentioned title save and except the following: [set out short particulars and
state whether these mortgages or encumbrances have been extinguished or
ceased to affect the land, and, if so, how].

6. State that, save as aforesaid, the applicant is not aware of any mortgage or
encumbrance affecting the said land or that any person other than himself has any
estate or interest therein [if there be any add] save and except [and set out same].

7. State that the names and addresses so far as known to the applicant of the
occupants of all lands contiguous to the said land are as follows:

8. State that the names and addresses so far as known to the applicant of the
owners of all lands contiguous to the said land are as follows:

9. State that the present value of the land including all improvements therein
is ($.............) and no more.

Dated, etc.

Sworn, etc., (or I make this declaration, etc.).

(Section 50).

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 79

(Section 62).

(Section 62).

FORM F

TRANSFER OF LAND
I, A.B., being registered as the proprietor of an estate [here state nature of the

estate or interest] subject, however, to such mortgages and encumbrances as
are notified by memorial underwritten or endorsed hereon, in all that piece of
land situated in the (Ward, District, or Town) of ........................ containing [here
state area] be the same a little more or less, delineated and with the abuttals and
boundaries thereof shown in the Plan drawn on (or annexed to) [here state the
volume and page of the Register Book on which the Plan, if any, appears]
................ [here state rights of way, privileges or easements, if any, intended to
be transferred, and here insert description of lands] in consideration of the sum
of $ ....................paid to me by E.F., the receipt of which sum I hereby
acknowledge (or other consideration, if any) do hereby transfer to the said E.F.
all my estate (or a lesser estate or interest, describing such lesser estate) in the
said piece of land.

In witness whereof I have hereunto signed my name this .................. day of
.................. 20....

Signed on the day above-named by the said A.B., in the presence
of ........................

(Signatures of Witnesses)

FORM G

TRANSFER OF A LEASE, SUB-LEASE,
MORTGAGE OR CHARGE

I, A.B., being registered as the proprietor of a lease (or sub-lease or mortgage
or charge as the case may be) No............... dated the ........... day of ...................
20.... subject, however, to such mortgages and encumbrances as are notified by
memorial underwritten or endorsed hereon of (or upon) all that piece of land
situate in the (Ward, District or Town) of.................. containing [here set out
area] be the same a little more or less delineated and with the abuttals and
boundaries thereof shown in the plan (drawn on or annexed to) [here set out
volume and page of the Register Book on which the plan, if any, appears and
the boundaries] in consideration of the sum of $.................. paid to me by C.D.,
the receipt of which sum I hereby acknowledge, do hereby transfer to the said
C.D. all my estate and interest as such proprietor in the said land, and I, C.D.,
do hereby accept the said transfer [here set forth special covenants and
conditions, if any].

In witness, etc.
Signed on the day abovenamed by A.B. and C.D.

(Signatures of Witnesses.)

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

80 Chap. 56:02 Real Property

(Section 79).

[Section 80(1)].

[Section 80(2)].

FORM H

REQUEST TO ENDORSE A MEMORIAL OF MERGER
To the Registrar General:

I, A.B., being registered as proprietor of [here state the volume and page of
the Register Book on which the plan, if any, appears and description of land]
and also being registered as proprietor of the mortgage (or lease) of the said
land No. ................. dated the............. day of .................... 20...., Do Hereby
request you to endorse a memorial of merger on the said grant (or certificate of
title) To the intent that my interest as mortgagee (or lessee) under the said
mortgage (or lease) may be merged in my interest as proprietor and extinguished.

Dated, etc.
Signed by the above-named A.B. in the presence of:

(Signatures of Witnesses.)

FORM I

LEASE
I, A .B., being registered as proprietor of an estate [here state nature of the

estate or interest] subject, however, to such mortgages and encumbrances as
are notified by memorial underwritten or endorsed hereon, in that piece of land
situated in the (Ward, District, or Town) of ..................... containing [here state
area] be the same a little more or less, delineated and with the abuttals and
boundaries thereof shown in the Plan drawn on (or annexed to) [here state the
volume and page of the Register Book on which the plan, if any, appears]
.......................... [here state rights of way, privileges, or easements, if any,
intended to be leased, and here insert description of land] do hereby lease to
E.F. of ................... [here insert description] all the said land to be held by him
the said E.F. as tenant for the space of ...............years at the yearly rental of
$................. payable [here insert terms of payment of rent] subject to the following
covenants, conditions and restrictions [here set forth all special covenants,
conditions and restrictions, if any, by lessor and lessee].

Dated, etc.
Signed by the above named A.B. as lessor and by the above-named E.F. as

lessee this .................. day of .................. 20..... in presence of:

(Signatures of Witnesses.)

FORM J

SUB-LEASE
I. A.B., being registered as proprietor of a lease No. ................... dated the

................. day of .................... 20...... subject, however, to such mortgages and
encumbrances as are notified or endorsed hereon of all that piece of land situate

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 81

in the (Ward, District or Town) of ..................... containing [here state area] be
the same a little more or less, delineated and with the abuttals and boundaries
thereof shown in the Plan drawn on (or annexed to) [here state the volume and
page of the Register Book on which the plan, if any, appears and the description
of the land and any rights of way, privileges or easements intended to be sub-
leased] Do Hereby sub-lease to C.D of [here insert description] all the said land
(or if a portion only here state the specific portion thereof which is intended to
be sub-leased setting forth the boundaries and description of the same and the
reference to the plan thereof, if any) to be held by him the said C.D. for the term
of [insert term of sub-lease] at the yearly rental of $............... payable [here
insert terms of payment of rent] subject to the following covenants, conditions
and restrictions [here set forth all special covenants, conditions and restrictions,
if any, by the sub-lessor and sub-lessee].

Dated, etc.
Signed by the above-named A.B. as sub-lessor and by the above named C.D.

as sub-lessee this ................. day of ................. 20.... in the presence of:
(Signatures of Witnesses)

FORM K

MORTGAGE
I, A .B., being registered as proprietor of an estate [here state nature of the

estate or interest] subject, however, to such mortgages and encumbrances as
are notified by memorial underwritten or endorsed hereon, in that piece of land
situated in the (Ward, District, or Town) of .................... containing [here state
area] be the same a little more or less, delineated and with the abuttals and
boundaries thereof shown in the plan drawn on (or annexed to) [here state the
volume and page of the Register Book on which the plan, if any, appears and
description of land].

In consideration of the sum of $................ this day lent to me by E.F. of [here
insert description] the receipt of which sum I hereby acknowledge; do hereby
covenant with the said E.F. that I will pay to him the said E.F. the above sum of
$................. on the ................... day of ................... 20....

Secondly, that I will pay interest on the said sum at the rate of ........... per
centum per annum by equal payments on the ................... day of ............... 20....
in every year.

Thirdly [here set forth special covenants and conditions, if any] and for the
better securing to the said E.F. the repayment in manner aforesaid of the said
principal sum and interest, I hereby mortgage to the said E.F. all my estate and
interest, in the said land above described.

In witness, etc.
Signed by the above-named A.B., in the presence of:

(Signatures of Witnesses)

[Section 87(1)].

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LAWS OF TRINIDAD AND TOBAGO

82 Chap. 56:02 Real Property

FORM L

CHARGE
I, A.B., being registered as proprietor of an estate [here state nature of the

estate or interest] subject, however, to such mortgages and encumbrances as
are notified by memorial underwritten or endorsed hereon, in that piece of land
situated in the (Ward, District or Town) of ....................... containing [here
state area] be the same a little more or less, delineated and with the abuttals and
boundaries thereof shown in the Plan drawn on (or annexed to) [here state the
volume and page of the Register Book on which the plan, if any, appears]
................. [here also state rights of way, privileges or easements, if any,
appertaining, and here insert description of land].

And desiring to render the said land available for the purpose of, securing to
and for the benefit of C.D. the (sum of money, annuity or rent charge) hereinafter
mentioned, I do hereby charge the said land for the benefit of the said C.D. with
the (sum, annuity or rent charge) of $ ................ to be raised and paid at the
times and in the manner following, that is to say [here state the times appointed
for the payment of the sum, annuity or rent charge intended to be received, the
interest, if any, and the rents on which such sum, annuity or rent charge shall
become and cease to be payable, also any special covenant or power or any
modification of the powers or remedies given to an encumbrancer, by the Real
Property Act], and subject as aforesaid, the said C.D. shall be entitled to all
powers and remedies given to an encumbrancer by the Real Property Act.

In witness, etc.
Signed by the above-named A.B. in the presence of:

(Signatures of Witnesses)

FORM M

SUB-MORTGAGE
I, A.B., being registered as mortgagee under memorandum of mortgage

No. ..................... dated the ............. day of .................. 20...., subject, however,
to such mortgages and encumbrances as are notified by memorial underwritten
or endorsed hereon, of all that piece of land situate in the (Ward, District or
Town) of ......................... containing [here state area] be the same a little more
or less, delineated and with the abuttals and boundaries thereof shown in the
plan drawn on (or annexed to) ............................... [here state the volume and
page of the Register Book on which the plan, if any, appears and description of
lands] in consideration of the sum of $....................... this day lent to me by E.F.
of [here insert description] the receipt of which sum I hereby acknowledge, do
hereby covenant with the said E.F.

Firstly, that I will pay to him the said E.F. the above sum of $............. on
............. the ................... day of ................... 20....

[Section 87(1)].

[Section 87(2)].

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 83

Secondly, that I will pay interest on the said sum at the rate of ......................
per centum per annum by equal payments on the ................... day of ...................
and the ................... day of ................... in every year.

Thirdly [here set out special covenants and conditions, if any].
And for the better securing to the said E.F. the repayment in manner aforesaid

of the said principal sum of $............ and interest, I do hereby charge all my
estate and interest in the said mortgage for the benefit of the said E.F.

And subject as aforesaid the said E.F. shall be entitled to all the rights, powers
and remedies given by the Real Property Act to a transferee of my estate and
interest in the said mortgage including the right to recover the principal and
interest due and to become due thereunder and secured thereby.

In witness, etc.
Signed by the above-named A.B. in the presence of:

(Signatures of Witnesses)

FORM N

POWER OF ATTORNEY

I, A .B., being registered as proprietor of an estate [here state nature of the
estate or interest] subject, however, to such mortgages and encumbrances are
notified by memorial underwritten or endorsed hereon, in [here refer to Schedule
for description and contents of the several parcels of land intended to be affected,
which Schedule must contain reference to the existing certificate of title, or
land grant or lease of such parcel] do hereby appoint C.D. attorney on my
behalf to [here state the nature and extent of the powers intended to be conferred
as whether to sell, lease, or mortgage] the lands in the said schedule described,
and to execute all such instruments and do all such acts, matters, and things as
may be necessary for carrying out the powers hereby given, and for the recovery
of all rents and sums of money that may become or are now due or owing to me
in respect of the said lands, and for the enforcement of all contracts, covenants,
or conditions, binding upon any lessee or occupier of the said lands, or upon
any other person in respect of the same, and for taking and maintaining possession
of the said lands and for protecting the same from waste, damage, or trespass.

In witness, etc.
Signed by the above-named A.B. in the presence of:

(Signatures of Witnesses)
(Schedule referred to.)

(Section 99).

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LAWS OF TRINIDAD AND TOBAGO

84 Chap. 56:02 Real Property

FORM O

REVOCATION
I, A.B., of ..........................., being seised of an estate [here state the nature of

the estate] all that piece of land [here describe land referring to the existing
grant, certificate of title, or other instrument of title] hereby revoke the power
of attorney given by me to ............... dated the .................. day of .............. 20....

In witness, etc.
Signed by the above-named A.B. in the presence of:

(Signatures of Witnesses.)

FORM P

ASSENT

We .............and ............being

deceased, the proprietor of ....................... land at ............, described in the
certificate of title registered at page ............. of volume ............. of the Register
Book, who died on the ................ day of ................... and whose said Will was
proved by us or in respect of whose estate Letters of Administration were granted
to us on the ................ day of ................ hereby assent to the registration of
....................... as proprietor of such land.

In witness, etc.
Signed by the above-named in the presence of:

(Signatures of Witnesses.)

FORM Q

CAVEAT FORBIDDING REGISTRATION
OF ANY CHANGE IN PROPRIETORSHIP

OR ANY DEALING WITH ESTATE OR INTEREST
To the Registrar General:

Take Notice that I [insert name and address] claim [specify the estate or
interest claimed and the grounds on which such claim is founded] in [here
describe land referring to the volume and folio in the Register Book relating
thereto] standing in the name of .................................... And I forbid the
registration of any person as transferee or proprietor of, and of any instrument
affecting, the said estate or interest absolutely, or unless such instrument be
expressed to be subject to my claim, or unless I consent in writing thereto, or
until this caveat be by me or by the order of the Court or a Judge withdrawn, or
until after the expiration of fourteen days from the date of service of notice of
any intended registration or registered dealing be given to me at the following
address: [here state address for service].

Dated, etc.
(Signature of the caveator or his duly registered Attorney-at-law.)

(Section 100).

(Section 115).

(Section 125).

{ }the executors of the Will ofthe administrators of the estate of

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 85

FORM R

AFFIDAVIT OF ATTESTING WITNESS
I, A.B., of ..............................make oath and say (or do solemnly affirm and

declare) that I was personally present on the ................... day of .............20....,
at (place) and did then and there see C.D. one of the parties (or C.D. and G.H.
............... parties) to the within written instrument (or to the instrument now
produced and shown to me and marked) purporting to be a memorandum of
................ and made by ......... (or between) [name the parties to the instrument]
sign the same; and that the signature (or signatures ...............) thereto subscribed
is (or are) of the proper handwriting of the said C.D. (or C.D. and G.H.) and that
the signatures “A.B.” and “I.J.” to the said instrument subscribed as of the
witnesses to the execution of the same by the said C.D. (or C.D. and G.H.) are
of the proper handwriting of me this deponent (or declarant) and of I.J. [insert
names in full].

Sworn (or declared) at ............ this .............. day of ............. 20....
Before me,

E.F.,
Commissioner of Affidavits.

(or as the case may be).
Where the instrument is made as an exhibit a memorandum of identity must

be endorsed upon or written at the foot or in the margin of such instrument
which memorandum may be as follows:

This is the instrument marked ....................... referred to in the affidavit (or
solemn declaration) of A.B. sworn (or declared) before me this ................. day
of ................. 20....

Commissioner of Affidavits
(or as the case may be).

FORM S

VARIATION
Whereas by memorandum of lease (or sub-lease, mortgage or charge as the

case may be) No. ..................... dated the ...............day of .............. 20...., all
that piece of land situate in the (Ward, District, or Town) of ............... containing
[here state area] be the same a little more or less delineated and with the abuttals
and boundaries thereof shown on the plan drawn on (or annexed to) [here state
the volume and page of the Register Book on which the Plan, if any, appears
and description of lands] was leased (sub-leased, mortgaged or charged) to
................... And whereas A .B. of ................... is now registered as lessor (sub-
lessor, mortgagor or chargor) and C.D., of ........................ is now registered as
lessee (sub-lessee, mortgagee or chargee) under the said memorandum of lease
(sub-lease, mortgage or charge). And whereas it has been agreed between the
said A.B. and the said C.D. that the provisions of the said lease (sub-lease,
mortgage or charge) shall be varied in manner hereinafter appearing.

(Section 131).

(Section 137).

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LAWS OF TRINIDAD AND TOBAGO

86 Chap. 56:02 Real Property

Now, therefore I, A.B., being registered as lessor (sub-lessor, mortgagor or
chargor) and I, C.D., being registered as lessee (sub-lessee, mortgagee or chargee)
of the said land hereby agree:

1. That the provisions of the said memorandum of lease (sub-lease,
mortgage or charge) No. ..................... shall be varied in manner hereinafter
appearing. [Here set out the original clauses appearing in the memorandum
above referred to and state the manner in which such provisions are to be varied].

2. That as varied in manner aforesaid the said memorandum of lease
(sub-lease, mortgage or charge) and every clause thereof shall continue of full
effect and binding on us.

In witness, etc.
Signed by the above-named A.B. and C.D. in the presence of:

(Signatures of Witnesses.)

FORM S—Continued

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 87

SECOND SCHEDULE
1. For application to bring land under the provisions of this Act, or to be

registered in respect of an estate of freehold of a deceased proprietor—
$ ¢

When the applicant is the original grantee and the land has
never been sold, mortgaged, encumbered or made the
subject of settlement … … … … 5.00

When the title is of any other description and the value is
$2,400.00 or less … … … … … 100.00

When the title is of any other description and the value
exceeds $2,400.00… … … … … 150.00

For every Certificate of Title … … … … 4.80
2. For registering a memorandum of transfer, mortgage or encumbrance, or

the transfer or discharge of a mortgage—
Where the consideration money expressed to be paid or

secured—
$ ¢

does not exceed $3,600.00… … … … 15.00
exceeds $3,600.00 but does not exceed $4,800.00… 25.00
exceeds $4,800.00 … … … … 50.00

3. For registering a lease or agreement for a lease, or the transfer or surrender
of a lease—

Where the rent reserved— $ ¢
does not exceed $48.00 per annum … … … 15.00
exceeds $48.00 but does not exceed $480.00 per annum 25.00
exceeds $480.00 per annum … … … 50.00

4. For registering proprietor of an estate or interest derived by
settlement or transmission (including the transmission of a legal
estate from a trustee to a beneficiary otherwise than by transfer

and the vesting by an order of the legal estate in a trustee) ... 20.00
5. For registering in the Register Book a power of attorney … 10.00
6. For registering revocation of a power of attorney … … 10.00
7. For noting caveat … … … … … 5.00
8. For cancelling or withdrawing a caveat and service of notice to

caveator or caveatee … … … … … 5.00
9. For the search of a single Index Book ... … … 5.00
10. For a single volume of the Register Book ... … … 5.00
11. For every general search of the indexes, for each day ... 5.00

Section 158(1).
[3 of 1994].

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LAWS OF TRINIDAD AND TOBAGO

88 Chap. 56:02 Real Property

12. For registering an order or decree or memorandum of judgment
or lis pendens … … … … … 15.00

13. For taking declaration in the case of lost grant or other
instrument or where production of duplicate is dispensed with 25.00

14. For taking affidavit or statutory declaration… … … 2.50
15. On issuing a certificate of title, in addition to the fee of $25.00,

for each parcel of land included after the first … … 5.00
16. For application of a lost grant or certificate of title or for

application to dispense with production of a duplicate grant or
certificate of title… … … … … … 25.00

17. For each volume of instruments examined … … 5.00
18. For looking up the original of a caveat or other request ... 5.00
19. When any instrument purports to deal with land included in

more than one grant or certificate of title, for each endorsement
after the first … … … … … … 5.00

20. For the registration of every instrument purporting to be a gift 5.00
21. For every registration of the death of a joint proprietor or

mortgagee … … … … … … 5.00
22. For every entry in the Register Book not otherwise provided

for … … … … … … 5.00
23. For every 120 words of a copy of any entry in the Register

Book … … … … … … … 5.00
24. For every certificate of the Registrar General … … 5.00

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 89

THIRD SCHEDULE
PART I

1. All summonses under this Act shall issue from the Registry of the
Supreme Court in accordance with the rules for the time being in force relating
thereto and on the hearing thereof such evidence shall be furnished as may be
required by the Judge.

2. All such summonses if not taken out by the Registrar General shall be
served on him.

3. The Registrar General or any proprietor or other person interested in
any land under this Act or in respect of which an application has been made to
bring the same under this Act may take out a summons to direct the Registrar
General to do or abstain from doing any thing under this Act in respect of such
land or for the removal of a caveat, or generally for directions in any matter
thereunder. The costs of such summons shall, unless otherwise directed and
unless made by the Registrar General, be borne by the party taking it out.

4. All summonses taken out by the Registrar General shall be issued free.

5. All references and reports forwarded by the Registrar General under
this Act to a Judge, in any matter which has not already been before a Judge,
shall be addressed to “ The Judge in Chambers” unless otherwise directed.

6. No order made by a Judge upon an application under this Act which
has been reported on by the Registrar General or an Examiner, shall be acted
upon by the Registrar General until notice has been given, or a letter directed to
the applicant or his Attorney-at-law has been posted, purporting to give notice
to the applicant or his Attorney-at-law that an order has been made in the matter
and seven days have elapsed from the giving of such notice or the posting of
such letter.

If the applicant shall, within such period of seven days, give notice to the
Registrar General of his intention to do so, he may at any time within twenty-
one days from the giving of such notice or the posting of such letter as aforesaid
by the Registrar General take out a summons for the variation of such order.

[Section 160(2)].

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LAWS OF TRINIDAD AND TOBAGO

90 Chap. 56:02 Real Property

PART II

COMMON LAW CONVEYANCING TRANSACTIONS
1. For preparing Conveyances of Mortgages:

(a) Where title to real property comprised therein is investigated
and deduced, the following scale of charges shall be applicable:

(b) Where title to real property is not investigated or deduced,
one-half only of the above fees shall be charged.

2. For revising any of the above Conveyances or Mortgages on behalf of
Vendor or Mortgagor:

Scale of Charges

One and one-half per cent of the
first $100,000.00 and three-
fourths per cent of the
consideration in excess of
$100,000.00

Exceeding $100,000.00 and
not exceeding $500,000.00

Exceeding $500,000.00 and
not exceeding $20,000,000.00

The same charge as on a
consideration of $500,000.00
plus one-half per cent on the
excess beyond $500,000.00

One and one-half per cent of the
consideration with a minimum
fee of $400.00

Not exceeding $100,000.00

Consideration or
amount secured

Scale of Charges

One-half of the above scale(a) Where particulars of title
are supplied to Attorney-
at-law for Purchaser or
Mortgagee

(b) Where particulars of title are
not supplied to Attorney-
at-law for Purchaser or
Mortgagee

One-fourth of the above scale

77/1997.
[Rule 2(a)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 91

3. For preparing Ordinary Leases for a term between 3–35 years at a rack
rent (the full annual value of the property) the following scale of charges shall
be applicable:

Where more than one annual rent is reserved, the fee is calculated
on the aggregate amount of such rents. Where the annual rent is
variable, the fee is calculated on the highest amount of annual rent
reserved.

4. Revising ordinary Leases on behalf One-half of the preparation fee
of Lessee

5. For preparing, settling and completing Oil Mining Leases the following
scale of charges shall be applicable:

Where it does not exceed
$10,000.00. … …

Scale of Charges

$500.00

Amount of Annual Rent
Reserved by Lease

Where it exceeds $10,000.00
and does not exceed
$25,000.00 … … $750.00

Where it exceeds $25,000.00 $750.00 plus two per cent on
the excess of $25,000.00

Scale of ChargesAmount of Annual Rent
Reserved by Lease

Where annual rent does not
exceed $25.00 … … $250.00

Where annual rent exceeds
$25.00 and does not exceed
$250.00

The same charge as on a rent of
$25.00 and also forty per cent on
the rent in excess of $25.00

The same charge as on a rent of
$250.00 and also twenty per cent
on the excess beyond $250.00

Where annual rent exceeds
$250.00 and does not exceed
$750.00

Where annual rent exceeds
$750.00

The same charge as on a rent
of $750.00 and also ten per cent
on the excess of $750.00 up to
a maximum of $3,500.00

Where annual rent is variable the fee is calculated on the highest amount of
annual rent reserved.

UNOFFICIAL VERSION


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LAWS OF TRINIDAD AND TOBAGO

92 Chap. 56:02 Real Property

6. For revising Oil Mining Leases on behalf of Lessee:

Same as preparation fee

One-half of preparation fee

(a) Where title to property is
deduced and investigated

(b) Where title to property is
not deduced or investigated

Scale of Charges

Exceeding $25,000.00 ...

Not exceeding $25,000.00 ...

Scale of ChargesAmount Secured

$250.00

The same charge as where
the amount secured does not
exceed $25,000.00 and also
$15.00 for every $5,000.00
or part thereof of the amount
secured in excess of
$25,000.00 up to a maximum
fee of $10,000.00

7. For preparing Release of Mortgage, Debenture or Charge, the following
scale of charges shall be applicable:

8. For revising Release of Mortgage, Debenture or Charge, one-fourth
of the preparation fee shall be chargeable subject to a maximum charge
of $5,000.00.

9. For conveyancing transactions not otherwise specified in items 1 to 8,
the following charges shall be applicable:

Transaction Remuneration
(a) Agreement for Lease … … The same charge as for an

Ordinary Lease
(b) Deed of Assent … … One-half of the fee

chargeble as for a
Conveyance but calculated
on the value of the property
comprised therein

(c) Assignment of Lease … … The same charge as for a
Conveyance

(d) Bill of Sale—Absolute … … One-half of the fee
chargeable on a
Conveyance

(e) Bill of Sale—Mortgage … One-half of the fee
chargeable as for a
Mortgage with a
minimum fee of $75.00

UNOFFICIAL VERSION


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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 93

(f) Bill of Sale—Memorandum $150.00
of Satisfaction

(g) Bill of Sale—Re-registration … $150.00
(h) Collateral Mortgage:

Where another Debenture or Mortgage is taken as the
primary security, the full scale fee for mortgages calculated
on the amount secured shall be charged on the primary security
as if the mortgaged property were included therein, and an
additional fee not exceeding $1,500.00 on the Collateral
Mortgage. Where the primary security has already been taken,
one-half of the full scale fee for Mortgages, calculated on the
amount secured by the primary security, shall be charged on
the Collateral Mortgage.

(i) Conveyance and Mortgage:
If completed at the same time and prepared by the same

Attorney-at-law, the full scale fee for Conveyances shall be
charged on the Conveyance calculated on the consideration
and one-half of the fee for Mortgages shall be charged on the
Mortgage, calculated on the principal amount secured.

(j) Conveyance on Sale:
The full scale fee for Conveyances shall be charged for

deducing and investigating title and preparing the Conveyance
but costs incurred for searches made in the various Registries
are not included in such fee, and in addition to such fee, the
actual costs so incurred, or the actual search fees paid in
investigating title, may be charged as a disbursement.

(k) Debenture:
If the Debenture charges real property, the title to which is

investigated, the full scale fee for Mortgages shall be charged
calculated on the amount secured, but if no real property is
included, or if title to real property is not investigated, then
one-half of such scale fee shall be charged.

(l) Deed Poll on Change of Name:
A fee shall be charged according to the amount of work

involved, up to maximum fee of $500.00.
(m) Disbursements:

Any costs payable in discharge of a liability properly
incurred by an Attorney-at-law on behalf of his client are not
included in the scale fees and can be charged in addition to
such fees, including a reasonable amount for searches,
travelling, photocopying, telephone, telefax and postage.

(n) Exchange—Deed of:
The same scale as for Conveyances shall be charged, but

calculated on the value of either property being exchanged,
whichever is the higher, where title is being investigated. If

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LAWS OF TRINIDAD AND TOBAGO

94 Chap. 56:02 Real Property

no title is being investigated, one-half of such scale fee shall
be charged.

(o) Further Mortgage or Charge to secure further advances:
The full scale fee as for Mortgages shall be charged, but

calculated on the amount of the further advance secured by
the Further Mortgage or Charge.

(p) Gift—Deed of:
The full scale as for Conveyances shall be charged, but

calculated on the value of either property being conveyed,
where title is being investigated. If no title is being investigated,
one-half of such scale fee shall be charged.

(q) Investigating and Deducing Title:
The charges for this item are included in scale fees for

Conveyances and Mortgages, other than actual costs incurred
or search fees paid in investigating title, which may be charged
for additionally, as a disbursement.

(r) Leases under three years:
The fee charged shall be calculated by reference to the

matters set out in Part IV, provided the fee shall not exceed
the amount that would be chargeable for an Ordinary Lease
for a term over three years.

(s) Leases for nominal or peppercorn rent:
The fee charged shall be calculated by reference to the

matters set out in Part IV.
(t) Lease—Long—for more than 35 years:

The same scale fee as for an Ordinary Lease under 35 years
shall be charged.

(u) Lease where premium paid in addition to rent:
In addition to the scale fee chargeable for an Ordinary Lease,

calculated on the annual rent reserved, a further sum equal to
the scale fee as for a Conveyance on sale shall be charged, but
calculated on the amount of the premium as the consideration.

(v) Mortgage to secure overdrafts on current account or where
no principal sum specified in the Mortgage Deed:

(i) Initial Stamping:
The scale fee for Mortgages shall be charged, but

calculated on the amount which the mortgage or
charge is stamped to cover being the amount secured.

(ii) Subsequent Upstamping to secure further advances:
The scale fee as for Mortgages shall be charged

but calculated on the total amount which the Mortgage

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 95

is to secure after the upstamping less the scale fee for
Mortgages already charged on the amount which the
Mortgage or Charge was stamped to cover prior to
the upstamping.

(w) Partition—Deed of:
The fee charged shall be calculated by reference to the

matters set out in Part IV.
(x) Postponement—Deed of:

A fee not exceeding $2,500.00 shall be charged.
(y) Release—Partial:

The scale fee for Releases shall be charged, but calculated
on the consideration for which the Partial Release is made. If
no consideration is stated in the Deed, the fee shall be calculated
on the estimated value of the property being released or by
reference to the matters set out in Part IV.

(z) Revision Fees:
Except as is otherwise specified in these Rules, a fee of

one-half of the preparation fee shall be charged for revising
any Deed on behalf of a party thereto.

(aa) Tenancy Agreement:
The same scale of fees as for Leases shall be charged.

(ab) Transfer of Mortgage:
The scale fee as for Mortgages shall be charged, if title to

real property is investigated but calculated on the mortgage
debt being assigned and not on the amount of the original loan
or the consideration for the Transfer. If title is not investigated,
one-half of such scale fee shall be charged.

(ac) Variation of Lease or Mortgage—Deed of:
Such fee as is just and equitable having regard to the matter

set out in Part IV.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

96 Chap. 56:02 Real Property

PART III

FOR CONVEYANCING TRANSACTIONS
UNDER THE REAL PROPERTY ACT

1. For preparing Transfers, Mortgages or Charges, the following scale of
charges shall be applicable:

Consideration or amount Scale of Charges
secured

Not exceeding $25,000.00 … $500.00

Exceeding $25,000.00 … $500.00 for the first $25,000.00
of the consideration and $30.00
for every $5,000.00 or part thereof
of the consideration in excess of
$25,000.00

One-half of the Preparation Fee6. For revising Oil Mining Leases
on behalf of Lessee

The same scale of charges as for Oil
Mining Leases as set out in Part II

5. For preparing Oil Mining
Leases

One-half of the Preparation Fee4. For revising Ordinary Leases
on behalf of Lessee

The same scale of charges as for
Ordinary Leases set out in Part II

3. For preparing Ordinary Leases
for a term between 3-35
years at a rack rent

One-fourth of the Preparation Fee2. For revising any Transfers,
Mortgages and Charges set
out in item 1

7. For preparing Discharge of Mortgage or Charge, the following scale
of charges shall be applicable:

Amount Secured Scale of Charges

Not exceeding $25,000.00 ... $125.00

Exceeding $25,000.00 ... $125.00 for the first $25,000.00
of the amount secured plus
$10.00 for every $5,000.00 or
part thereof of the amount
secured in excess of $25,000.00
subject to a maximum charge
of $2,500.00

[Rule 2 (b)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 97

8. For revising Discharge of Mortgage or Charge, one-fourth of the
preparation fee shall be charged subject to a maximum fee of $750.00.

9. For the following conveyancing transactions not otherwise specified
in items 1 to 8, the following charges shall be applicable:

(a) Agreement for Lease:
The same scale of charges as for an Ordinary Lease set out

in Part II.
(b) Assent:

One-half of the scale fee for Transfers shall be charged but
calculated on the value of the property comprised therein.

(c) Caveats:
Preparing ... ... ... $150.00
Withdrawing ... ... ... $150.00.

(d) Collateral Mortgage or Charge:
Where another Debenture or Mortgage is taken as the

primary security, the scale fee as for Mortgages or Charges
calculated on the amount secured shall be charged on the
primary security as if the mortgaged property were included
therein, and an additional fee not exceeding $1,500.00 on the
Collateral Mortgage. Where the primary security has already
been taken, one-half of the scale fee for Mortgages, calculated
on the principal amount secured shall be charged on the
Collateral Mortgage, calculated on the principal moneys
secured by the primary security, but with a maximum fee of
$1,500.00.

(e) Disbursements:
These costs shall be charged in the same manner as set out

in Part II.
(f) Discharge (Partial):

The scale fee for Discharges shall be charge, but calculated
on the consideration for which the Discharge is given. If no
consideration is stated in the Memorandum of Discharge,
such fee shall be calculated on the estimated value of the
property being discharged, or by reference to the matters set
out in Part IV.

(g) Further Mortgage or Charge to secure further advances:
The full scale fee as for Mortgages or Charges as set out in

item 1 or 2, as the case may be, shall be charged, but calculated
on the amount of the further advance secured by the Further
Mortgage or Charge.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

98 Chap. 56:02 Real Property

(h) Lease where premium is paid in addition to rent:
In addition to scale fee chargeable for an Ordinary Lease as

set out in Part II, calculated on the annual rent reserved a further
sum equal to the scale fee as for a Transfer as set out in item 1
or 2, as the case may be, shall be charged, but calculated on
the amount of the premium as the consideration.

(i) Lease under 3 years:
The fee charged shall be calculated by reference to the

matters set out in Part IV, provided that the fee shall not exceed
the amount that would be chargeable for an Ordinary Lease
for a term over three years as set out in Part II.

(j) Mortgage or Charge to secure overdraft on current account
or where no principal sum is specified in the Mortgage Deed:

(i) Initial Stamping:
The scale fee as for Mortgages as set out in item 1

or, as the case may be, shall be charged but calculated
on, the amount which the mortgage or charge is stamped
to cover, being the amount secured.

(ii) Subsequent Upstamping to secure further advances:
The scale fee as for Mortgages as set out in item 1 or 2,

as the case may be, shall be charged but calculated on
the total amount which the Mortgage or Charge is to
secure after upstamping less the scale fee for Mortgages
or Charges already charged on the amount which the
Mortgage or Charge was stamped to cover prior to the
upstamping.

(k) Revision Fees:
Except as is specified in these Rules, a fee of one-third of

the preparation fee shall be charged for revising any instrument
under the Real Property Act on behalf of an interested party.

(l) Tenancy Agreement:
The same scale of fees as for Leases shall be charged.

(m) Transfer of lease:
The same scale fees for Transfers as set out in item 1 or 2,

as the case may be, shall be charged.
(n) Transfer of Mortgage or Charge:

The scale fee for Transfers as set out in item 1 or 2, as the
case may be, shall be charged, but calculated on the mortgage
debt being assigned and not on the amount of the original
loan or the consideration of the transfer.

(o) Variation of Lease or Mortgage—Memorandum of:
Such fee as is just and equitable having regard to the

matters set out in Part IV.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Real Property Chap. 56:02 99

PART IV

CONVEYANCING TRANSACTIONS NOT
PROVIDED FOR IN PART II OR PART III

In any other conveyancing transaction not specifically provided for
in Part II or Part III, an Attorney-at-law shall be entitled to charge such sum as
may be fair and reasonable having regard to all the circumstances of the case
and in particular having regard to:

(a) the complexity of the matter or the difficulty or novelty of
the question raised;

(b) the skill, labour, specialised knowledge and responsibility
involved on the part of the Attorney-at-law;

(c) the number and importance of the documents prepared
without regard to length;

(d) the place where and circumstances in which the business or
any part thereof is transacted;

(e) the time expended by the Attorney-at-law;
(f) where money or property is involved, its amount or value; and
(g) the importance of the matter to the client.

FOURTH SCHEDULE

Contribution to Assurance Fund upon first bringing land under
this Act, and upon the registration of an estate of freehold in
possession, derived by settlement, Will, or intestacy, on every
$10.00 ... ... … …

FIFTH SCHEDULE

(CONTENTS OF INSTRUMENT DESCRIBING
SCHEME OF DEVELOPMENT).

(Repealed by Act No. 15 of 1988)

$ ¢

0 .05

[Rule 2(c)].

(Section 29).
[6 of 1993].

[10 of 1986].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt