REAL PROPERTY ACT - Legal Affairs

1 real PROPERTY ACTCHAPTER 56:02 LAWS OF TRINIDAD AND TOBAGOC urrent Authorised PagesPagesAuthorised(inclusive)by OrdinancesNo. 20 1945No. 41 1947No. 47 1950 Amended by25 of 1955*5 of 1973 (By implication)*47 of 1980*24 of 1981 10 of 1986*20 of 1986 (By implication) 15 of 198877/1997*16 of 200071 of 2000*11 of 2003 (By implication)* See Note on page 2 Act No. 10 of 1986 was repealed by Act No. 15 of 1988 UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal OF TRINIDAD AND TOBAGO2 Chap. 56:02 real PropertyNote on Subsidiary LegislationThis 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.

2 From the date of the coming into operation of the first Revised Edition ofthe 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 saidRevised Edition shall be increased in accordance with the provisions ofparagraph 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said Act..(B) Note on Act No. 24 of 1981 and Act No. 16 of 2000 The Land Registration Act, 1981 (Act No. 24 of 1981) repealed (in the First Schedule) theOrdinance. However, Act No. 24 of 1981 was never brought into operation and was subsequentlyrepealed by the Registration of Titles to Land Act, 2000 (Act No.)

3 16 of 2000) which also hasnot 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 the27th 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 lawfulhad 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 Actprovided for the registration of the said lease.(2) Any act, omission, right, privilege, title, interest, duty, liability or proceedingarising out of a lease of State lands that was registered under the Ordinance after the 27th dayof 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 Ordinanceprovided for the registration of the said lease.

4 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 ofcertain leasesregisteredunder No. 10of 2003. Increase offines.[44 of 1979].UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal LAWS OF TRINIDAD AND TOBAGOReal PropertyChap. 56:023 CHAPTER 56:02 real PROPERTY ACTARRANGEMENT OF SECTIONSSECTION1. Short IPRELIMINARY3. Judges to deal with Registrar General s Examiners of Powers of Registrar of of of IIBRINGING LAND UNDER THE ACT7.

5 Unalienated (Repealed by Act No. 15 of 1988).8. Alienated Case of original Examiner s report Case of perfect Case of imperfect Notice in the Index of Notice of Possessory Bringing land under the VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal OF TRINIDAD AND TOBAGO4 Chap. 56:02 real Property20. Failure of Notice by registered Effect of Lapse of Withdrawal of Cancellation of instruments of Death or insanity of Notice to incapable Assurance Appropriation IIIREGISTRATION31. Register Certificate of Map on certificate of Rules as to Land subject to Registration of reversion on lease already Effect of certificate of Registration of grants and certificates of title and other Instruments for registration to be prepared by Instruments Priority Covenant Memorial of instruments in Register Effect of certificate of Effect of registration of Conclusiveness of Savings rights of Land resumed or acquired by Uniformity of instruments and of the provisions of certain registered OF SECTIONS ContinuedSECTIONUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND

6 Legal LAWS OF TRINIDAD AND TOBAGOReal PropertyChap. 56:025 PART IVTITLE BY POSSESSION OF LAND,REMOVAL OF ABANDONED EASEMENTS49. Application for vesting order by person claiming title by Copy to be Directions by a Power to dismiss Power to make vesting Consequential Contribution to Assurance Duties of Registrar General as to Removal of easement or other Easement or other encumbrance extinguished to be Certificate of entry void for VTRANSFERS AND OTHER DEALINGS62. Memorandum of Memorial of Cancellation of exhausted certificate of Disposal of cancelled Transfer of Transfer by Certificate of title on Implied covenant on Rights and liabilities of Rights of transferee of debt, Transfer to wife or husband or to oneself jointly with and execution of powers; limitations of Joint Tenants in VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal OF TRINIDAD AND TOBAGO6 Chap.

7 56:02 real Property76. Registration on survival or vesting of estate in Married Lands sold under authority of an Ordinance, VILEASES AND SUB-LEASES80. Memorandum of Registration of lease and Endorsement of memorial of lease and Surrender or determination of lease and Covenants implied in lease and Powers of lessor and Determination of lease and VIIMORTGAGES AND ENCUMBRANCES87. Memorandum of mortgages and Powers of mortgagees and Transfer under statutory power of Implied covenants in leases or sub-leases or or Discharge of mortgage or Determination of Mortgagee to produce grant for registration of subsequent Foreclosure or sale under Discharge of mortgage in cases of death, insanity or absence OF SECTIONS ContinuedSECTIONUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal LAWS OF TRINIDAD AND TOBAGOReal PropertyChap.

8 56:027 PART VIIIPOWERS OF ATTORNEY99. Appointment of Revocation of power of IXJUDGMENTS, LIS PENDENSEXECUTION AND FORFEITURE101. Judgments and lis Forfeiture and change of XTRANSMISSION ON BANKRUPTCY,INSOLVENCY AND INSANITY105. Registration of trustee in bankruptcy or Disclaimer of onerous Registration of committee of insane XITRANSMISSION ON DEATH108. Devolution of land: Power of personal representatives to dealwith of of personal representatives to be registered as General may be registered as proprietor in certain Personal representatives to hold as trustees for Charges created by Will to be Order of administration of Assent to Order for registration of Fee on transfer by personal Registration of Registration of personal representatives in respect of mortgage,encumbrance or Estate and succession VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal OF TRINIDAD AND TOBAGO8 Chap.

9 56:02 real PropertyPART XIITRUSTS118. No entry of trusts in Register Proceedings by beneficiary for No survivorship .121. Order for transfer where no survivorship .122. Vesting Trustee must lend his name to Change in trustees of Friendly XIIICAVEATS AGAINST DEALINGS WITHLAND UNDER THE ACT125. Caveats by beneficiaries and Procedure on No dealings while caveat in Frivolous A caveat on behalf of a beneficiary under a Will or settlement neednot be removed to admit registration of a dealing authorised by theWill or XIVINSTRUMENTS THEIR EXECUTION,CORRECTION, SUBSTITUTION, LOSS, Mode of execution and effect of Attestation of instruments in Trinidad and Attestation of instruments out of Trinidad and Execution of instrument by Consolidation and sub-division of certificates of of title of mines, minerals and certificate of title on transfer of mines.

10 Minerals and of title to OF SECTIONS ContinuedSECTIONUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal LAWS OF TRINIDAD AND TOBAGOReal PropertyChap. 56:029135. The Registrar General may dispense with duplicate grants, etc., incertain Provision in case of lost grant or certificate of Variation of Correction of Procedure to compel delivery up of Failure to deliver up XVINDEFEASIBILITY OF TITLEAND REMEDIES OF PERSONS INJURED141. Transfers and other dealings good notwithstanding notice of trust orunregistered Certificate of title conclusive as to matters therein No action against proprietor for ejectment or recovery of Compensation for Damages for Savings for purchasers for Power of Court to direct cancellation or making of entries, Damages for error of Registrar General, Payment of Limitation of Recovery of amount paid from estate of deceased, bankruptor No compensation for loss from breach of trust, nor frommisdescription, except in certain Saving of Registrar General from personal XVIOFFENCES154.