Understanding Legal Title: What Every Property Owner Should Know

What is Legal Title?

In real estate, "title" refers to the legal right or interest in a parcel of land or property. Ownership is proven through either a Deed or a Certificate of Title, which, when registered, create an official record of ownership. These legal interests can be categorized as:

• Freehold: An absolute interest with no expiration.
• Leasehold: An interest limited by a specific term or duration.

The Two Systems of Title Registration in Trinidad and Tobago

In Trinidad and Tobago, property ownership is governed by two systems of title registration:

1. The Common Law System

This system deals with unregistered land, with ownership established through a Deed. The majority of land in the country falls under this system. Common examples of documents registered under the Common Law system include:

• Deeds of Conveyance
• Deeds of Assignment
• Deeds of Mortgage

These documents are lodged at the Deeds Registry/Land Registry.

2. The RPA System

The Real Property Act (RPA) system governs land registered under a Certificate of Title. Common examples of documents in this system include:

• Memorandums of Transfer
• Memorandums of Mortgage

These are lodged in the RPA Registry/Land Registry.

Documents Required to Sell Property

When selling property, the Vendor is required to provide the Purchaser with specific documents. These include:

• The title document (Deed or Certificate of Title).
• The duplicate original Certificate of Title (if applicable under the RPA system).
• Duly executed instruments of release for any outstanding mortgages.
• Proof of Land and Building Taxes paid up to 2009.
• A valid WASA Clearance Certificate.
• Up-to-date WASA bills and receipts showing payment.
• A T&TEC bill paid up to the closing date.
• Property Tax payment receipt up to the closing date.
• For land-only sales: Outline or final approval documentation.

Additional Requirements for Selling Leasehold Property

Selling leasehold property involves additional obligations, including:

• Providing up-to-date receipts for land rent.
• Settling service charge fees.
• Obtaining consent from the Lessor for the sale.
• Supplying a share certificate (if applicable).
• Providing the By-Laws of the company and a current filed copy of the annual return (if the Vendor is a company).
• If the Vendor is a developer, presenting completion certificates and planning approvals.