Tuesday, 15 February 2011

Adverse Possession

Q:
What is Adverse Possession?



A:
Land owners must exercise control over their land because if they don't, another person (stranger/squatter) in occupation of that land may eventually be able to apply to the court for an order that he or she is in adverse possession of it.

Precedent on this matter comes from UK case law, but significant local case law on this topic is Salamat v Rajack & Others HCA NO.S1103 of 1994. Other cases include, Lucas v Jordan CV 2006 - 03612 and most recently, Harriram, Robert v Gopaul, Brandon; Gopaul, Simone H.C.S.1785/2002.


The law of adverse possession is grounded in the Real Property Limitation Ordinance Ch.5 No.7 sections 3 and 4 , which sets out the requirements to succeed in a claim for adverse possession:
(1) factual possession of the land for 16 years or more and
(2) the animus possessendi, that is, the intention to exclude the world.”
(Per Deyalsingh J. in Lyder v De Freitas H.C.A. 1310 of 2001 at pages 20 and 21 and see Poyer v Freitas Cv 2005 – 00632 at pages 17-79).

“Factual possession signifies an appropriate degree of physical control. The stranger must take control of the land and must make use of the land in full and open to the public and without interference from anyone. Examples of some acts that may show adverse possession are building on the land, fencing the land, living on the land, planting on the land and rearing livestock on the land. The more things done on the land, the more convincing the case for adverse possession. See Lord Browne-Wilkson in Pye v Graham [2002] 3 WLR 221 [P.C.] at page 234.

As for the animus possessendi “what is required is not an intention to own or even an intention to acquire ownership but an intention to possess“(see Pye op cit pg 235 AB) <--- VERY IMPORTANT!



Who is considered to be a stranger?

A stranger is someone who comes on or remains on the land without any permission and whose occupation has not been interfered with.


Exceptions:


(1) If a person occupies land by reason of some permission from the true owner then he or she cannot claim to be in adverse possession.

(2) If a person occupies land as part of some family arrangement, he or she cannot claim to be in adverse possession of that land.

(3) If a person occupies land under a tenancy agreement and has been paying rent all along, he or she cannot claim to be in adverse possession of the land.

If, however, a person occupied land as part of a tenancy agreement and has stopped paying rent, then that person’s adverse possession starts when the rent was stopped being paid.

324 comments:

  1. Can one L.P.R. of an estate ,where there are two LP.R`s, obtain possession of a staturay lease by possession or only by succession?

    2)Does section 9 of the real property limitation ordinance apply to leases that exceed 16 yrs?

    ReplyDelete
  2. Someone bought a piece of land and has a memorandum of transfer and a certifite of title for such portion in which they live uninterupted in this portion for 20 years.

    After 20 years the vendor claims to the Court that the Attorney sold away his property to the buyer in which the Attorney claims that his secretary on his behalf made a mistake on the paperwork at the time the documents were done(the memorandum of transfer)and the court awards the the vendor a compensation.
    Can the Attorney in turn sue the buyer for compensation?and can the buyer loose the right to ownership to his property, can the buyer's memorandum of transfer be revoked by the law?

    ReplyDelete
  3. deed has now been obtained for a parcel of land in my name. then I find out that someone has made applied for adverse possession. how do I stop this process? Do I just sit back and wait for their application to be granted?

    ReplyDelete
    Replies
    1. Sitting back and waiting is the only way that it can be granted. If you notify the court that you are the owner, it may not be granted if the person applying cannot show factual possession as mentioned above.

      Delete
  4. Does adverse possession operate over State lands

    ReplyDelete
    Replies
    1. Yes. However, the process to gain ownership is different.

      Delete
  5. What is the case when land is tenanted to a person from someone who is not the real owner and this tenant occupies the said land for more than 16 years continuously without obstruction from anyone? The land tenanted was only paid for 2 years out of 18years occupied. Does this make the tenant who occupies the land the rightful owner?Or can a previous owner ,other than the 'wrongful owner' make a legal claim.

    ReplyDelete
  6. I just received property on a quit claim. The neighbors are now saying they have rights under adverse possession to part of the land. They say they have maintained the small area between my house and theirs when the previous owner lived there. Is that considered adverse possession so the land his hers now. I did not know anything until I had a surveying work.

    ReplyDelete
    Replies
    1. Merely "maintaining" land is insufficient for adverse possession. --- Examples of some acts that may show adverse possession are building on the land, fencing the land, living on the land, planting on the land and rearing livestock on the land.----

      Delete
  7. if you are living on state land for over 36 years,you have lights, water and all the above and have applied for a deed of comfort in the year of 1994 is the land your?

    ReplyDelete
    Replies
    1. As long as you get the deed, you'll be fine.

      Delete
  8. our neighbour recently surveyed their land and it was found that half of our concrete driveway falls within their property line. alongside the driveway are two fruit trees and a small kitchen garden. we have lived on this property for thirty seven years and they(our neighbour) had never indicated to us the boundary. They have verbally notified us that they intend to take back posession of the said space which is approximately 500 sq ft. Our driveway is concrete and covered with a steel and galvanize roof and it was built more than twenty years ago in full view of everyone. Is it right that we must give up half of this existing structure?

    ReplyDelete
  9. Hello, not sure if this post is still active but I would like some information. How does one go about obtaining regularization for occupied stated land now (after 1998, form not submitted before 2000). The dwelling is not in a "squatters area" per se (meaning there weren't a group of people/families squatting). It is actually a piece of state land that happens to be situated in the middle of several pieces of privately owned land. The land was occupied and made full use of by my grandfather since around 1945-1950 until now and just "handed down/passed on" to his son (my father), and no to me. However I would like to get the land regularized and I am not sure how to go about doing this as the resources I have come across states that all applications would only be accepted once made before 2000.

    ReplyDelete
    Replies
    1. You need to apply for a Vesting Order.

      Delete
  10. I am living on a piece of land for the past 18 years .i have lights water and am also planting coconut and other crops behind my house . Recently my mother died ,and she left the tenancy to one of my sisters .

    This sister is claiming all of the land ,except the lot I presently occupy, I wish to build a garage for my vehicles and this is creating a lot of confusion.

    I want to know what is my rights in this case and options available ,before things get out of hand .

    ReplyDelete
    Replies
    1. If she isn't contesting the land you're living on, what's the problem? Or is it that you want to build the garage on the other piece of land that your sister now has?

      Delete
  11. I am the rightful owner of a parcel of land and the gentleman occupying the land has a home there and has been there for over 30 years. He pays a yearly rental fee of $100.00 TTD and lives there alone. He is now interested in purchasing the land. With some knowledge I have been informed that if I agree to sell to him I have to sell for half the current market value. My question is: If I choose not to sell what are my options? He has one daughter but she lives abroad but is the one willing to fund the sale if I do agree to sell now. When the gentleman passes, does she have full rights to the land like he did or can I now reclaim my land? If so, is it that I have to pay for the home at the full current value? If she, the gentleman's daughter decides she wants to purchase then but does not want to pay the half current market value,then what happens?

    Your advice would be greatly appreciated.

    Thanks kindly!

    ReplyDelete
    Replies
    1. The land is most likely affected by the Security of Land Tenure Act. That means a statutory lease exists under which the owner (landlord) must sell to the occupant (tenant) at 50% open market value.

      If owner refuses to sell, owner can be sued and court will issue sale order.

      That's the law.

      Delete
  12. I have been in occupation of state lands for the past 10 years. I and my husband have constructed a board house in which we lived. last year we started the construction of a concrete structure as the area became developed with other people moving in and constructing homes. We subsequently received a show cause notice from the regional corporation to give reason why they should not demolish our home. Is there anything that we can do to avoid our home from being demolished. My husband and my self have taken loans to build this home for our family and that home is all we have. I don't know what to do. Please give me you opinion.

    Thanking you in advance for your kind assistance.

    ReplyDelete
    Replies
    1. Squatting is illegal... I'm surprised you received loans to build on state land.

      But anyway, that's left for the state to decide because you haven't been living there long enough to claim rights.

      Delete
  13. If a you have a verbal agreement that a person can occupy your vacation home rent free, and the person takes care of the home, but there is also no agreement that you will pay them for taking care of the home,can this person lay claim to the property or salary after a period of time/years.

    ReplyDelete
  14. No, because what you've described is known as a license.

    A license is simply an express permission to use land. It allows someone access to the land of another for an agreed purpose. It is an authority that justifies what would otherwise be a trespass. It does not confer any interest in land.

    ReplyDelete
  15. our neighbour erected a old galvanize,wood and bed spring fence on our boundry we bought our land their's is owned by aranguez estates is it legal for them to do that

    ReplyDelete
    Replies
    1. Please learn to write properly.

      If the stuff used is rubbish, contact your Borough's litter warden.

      Delete
  16. hi good day if i may my name is brent bristol my family has been squatting on state land in the area of Demarara road arima trinidad for the past 25 years also we have upgraded the area where as planting different trees and home improvements without government grant including lights,water and land tax bills yet still we are unable to obtain a deed of comfort what should we do?

    ReplyDelete
  17. My friend and his mother are living on a piece of land for more than fifteen years.They have been renting from the landlord for this time.A few years ago the landlord made a verbal agreement with them for them to purchase the property.They agreed to buy. They are not well off and so made a payment of twenty thousand dollars to him and was given some time to pay the rest.My friend's mother has continuously been making payments, however in small amounts.The only documentation she has is some receipts of payment of rental,payments of cash towards the buying of the land. No contract was drawn up. My friend is in the process of working to make up the money to pay the balance. However the landlord is making treats to evict them.Based on the law what are there rights and what can they do in this case?

    ReplyDelete
    Replies
    1. He cannot evict them. She should document all payments.

      If things get worse, get back to me and we'll handle it for her.

      Delete
  18. My family lived and farmed land for over three generations and during that time paid a rent to the owner of the land. The land changed hands more than once over forty years ago and rent could not be paid anymore. My family continues farming up to this day on the land without any interruptions.
    Part of the land (where the family grew up) was unoccupied for some 30 yrs or more. Recently someone asked my brother for permission to plant a small area and he agreed but now another family member moved on the land and began planting fruit trees all over more than what was agreed on. Now he is getting violent and do not want to move. Can you advise if he has any rights or adverse possession?

    ReplyDelete
    Replies
    1. No one can claim adverse posession because they have all occupied the land with permission from the land owner, despite the fact that rent is no longer being paid.

      Where is the legal owner?

      Delete
  19. My neighbor and I bought properties back to back. There are existing fruit trees on the boundary line. He built his house under the fruit trees on the boundary line however the said trees are growing on my land. The trees bore fruits and same started to drop on the said neighbor's roof. Am I liable to prosecution or should I cut down the tree?

    ReplyDelete
    Replies
    1. Cut down the tree because if he goes to court and brings a claim for nuisance, an injunction will be granted for you to cut it anyway.

      Delete
  20. good day.. we live on a parcel of land for a period of over 30 plus years then in the year 2000 some came and claimed ownership and requested rent from that period onwards.. being humble (or oblivious)we paid a small rent until this day however on checking with legal affairs the person claiming only received a possessory title in 2008 and therefore was never really the rightful owner of the land.. what can I do? and the title was approved outside of the county meaning the land is in south and the title was approved in port of spain..are there any specific authority I can complain to?

    ReplyDelete
    Replies
    1. You really should've been more careful. You can't just pay money to someone who has no deed or title and says "that land is mine".

      Delete
  21. well we know that now, but the question remains.........what can I do?

    ReplyDelete
  22. My husband died 27 years ago and I am still living on the land owned by his father, however, my father-in-law died 10 years ago. I have one son from this marriage and he is presently residing with me. Some of my husband's siblings who are well-off are currently trying to probate his estate, with opposition from the other siblings. They are trying to take ownership of this property. What can I do?

    ReplyDelete
    Replies
    1. We need to establish if you were legally married to him and if the father's name is on the children's birth certificate.

      If there is no Will, you and your children will not be entitled by right of survivorship. Your only right may be (possibly - based on the circumstances) to the house you live in.

      Stay out of the confusion until it becomes necessary to come in (i.e., wait until they attempt to take possession).

      Delete
  23. My father has a joint tenancy with his brother but we are living abroad and his brother has been planting crops (no house on the land) for over 20 yrs. can they claim adverse possession?

    ReplyDelete
    Replies
    1. It depends on the level of "possession" he can prove.

      Delete
  24. hi i have a question.... if a person lives on a parcel of private land for more than 30 years and doesnt get title or deed for the land while he is alive can he pass on this land to his children through a will? an what if some of the children has been married an left the premises more than 16 years ago

    ReplyDelete
  25. I am a licensee to a property where I lived with my uncle for 25 years since 1988. I lived all my life with him prior to moving to this new property. Upon coming to live I was told I had the option to buy at some point. He died in 2007 but his daughter send a letter in 2011 to evict me. Do I have any rights to property. I did not pay rent but enjoyed all the fruits of the land. I understand there is a undisputed title and a limitation of 17 years or something like that. What is my position?

    ReplyDelete
  26. I am living on a small parcel of land , before there was an old wooden house on it where I broke it down and build up a wood and concrete house . the land was hilly I level the land . it had dead rock on it took most of it out put water and lights mango tree and other fruits on it now a family member is saying its his an has a deed .I has been living there for 27 years what do I do

    ReplyDelete
  27. Reading the above question...don't the guy have equitable rights? and can he get any compensation?

    ReplyDelete
    Replies
    1. A licensee only enjoys usage of land for a specific period, which expired upon death of the uncle.

      There was no promise to own or to grant any rights, just a conversation concerning the possibility or purchasing the property.

      No rights, no compensation.

      Delete
  28. I know of a similar situation as above. What if the guy builds half the house. He not only invested money but time to take care of the uncle. He lived with him for 30 years. Prior to the death of the uncle, the uncle transferred the property in question to his children whilst the guy still believes he would either end up with the prop or be given the first preference to buy as firstly promised by uncle if he came and lived with him. What is the position of the guy? can proprietary estoppel be applied?

    ReplyDelete
  29. Someone is renting land from a landlord. the land is in default of its mortgage by the owner. The owner later dies, but the LPR sells the land to a third party. No one has collected ant rent from the tenants for 5yrs. What recourse does the tenant have in order to have the piece of land vested in the tenants name.

    ReplyDelete
  30. there is a parcel of land next to me the owners died over 16 years i was wondering how do i get ownership of the land since the deed wasnt renewsd an there is no next of kin i even checked probate the land was lease from land and survey

    ReplyDelete
    Replies
    1. If you haven't been living on the land for the 16 years, you can begin occupying it now and then claim adverse possession in 16 years time.

      Delete
  31. My father along with us his family have been in possession of a parcel of land for more than 30 years with the permission of the legal owner. While on the property, my father back filled the lands, built a wooden and concrete house and a large steel garage. After the legal owner died the son started sending us letters to leave the property, the case eventually ended up in High Court.
    While on the bench, my father made a mistake and said he considered himself a tenant rather than a squatter when the judge asked him what he considered himself while on the property, so we lost the case, and the judgment said we have to give up the land.
    10 days after we lost the matter the son of the legal owner sent us a letter with a proposal to purchase the lands from him at a ridiculously high price.
    What can we do now, seeing that the property was a swamp and my father made the land what it is today.

    ReplyDelete
  32. My father along with us his family have been in possession of a parcel of land for more than 30 years with the permission of the legal owner. While on the property, my father back filled the lands, built a wooden and concrete house and a large steel garage. After the legal owner died the son started sending us letters to leave the property, the case eventually ended up in High Court.
    While on the bench, my father made a mistake and said he considered himself a tenant rather than a squatter when the judge asked him what he considered himself while on the property, so we lost the case, and the judgment said we have to give up the land.
    10 days after we lost the matter the son of the legal owner sent us a letter with a proposal to purchase the lands from him at a ridiculously high price.
    What can we do now, seeing that the property was a swamp and my father made the land what it is today.

    ReplyDelete
    Replies
    1. Stupid mistake by your dad. I think that matter has ended; you have to move.

      Delete
  33. been living in a piece of land for 5o years and more and paying land tax ..how do i apply for this piece of land

    ReplyDelete
    Replies
    1. Get forms from Hall of Justice, fill out and file with court.

      At the hearing, based on your evidence, the court will grant an order.

      Delete
  34. Dear Sir,

    I admire your work.

    I would like to know my rights in the following situation;
    - The person started living on my property since in 1995 (squatting), I recognised him as a tenant from 1997 to 2008. I did let him know that through out the time, that when I require the land to use, he must vacate. I let him know that I wanted the land back in 2008 for my daughter to build her house and he said he will start to look for somewhere to live.

    -Previous to 1995, there was an old house on the land by the person's uncle who left the house abandoned for many years and gave 'permission' to the current person via a letter that he can use the house he abandoned in the 19080's.

    -Now, I want to get him off the property or evict him. I was thinking to pay him a percentage of the house and let him go. They did do some renovations and extensions on the abandoned house since taking possession in 1995.

    They did indicate that they will take us to court if they are being evicted.

    ReplyDelete
    Replies
    1. There are too many questions I need to ask, so I think you should come in to see us; send me a private e-mail.

      Delete
  35. Hi,

    I have been in occupation of state land for over 30 years, uninterrupted, have water, electricity etc, two concrete structures, driveway, drains. What can i do to acquire the land?

    ReplyDelete
    Replies
    1. You need to apply for a Certificate of Comfort through the Land Settlement Agency.

      Delete
  36. Hi,
    My mother has a piece of land by a grant of administration, however she never applied for the deed. She has died and left her estate to me, can I apply for this property?

    ReplyDelete
  37. My mom has been on a piece of land for 20 years but all we have for the land is a document showing the various persons who were alloted agriculture land and there spot but this is not a deed can i or my mom apply for a deed of comfort

    ReplyDelete
  38. Hi, I brought a piece of land now with house build on it since 1994, the reason the house is on the property is because the previous owner great uncle rent the property to a woman but she abandoned it in 2000, so I was told then to find her grandson move into it in 2009 and is refusing to move. What can I do as the new owner cause I have hired two bailiff to move and all they did was talk to him then tell me is better to go to court but I have no more money on lawyers.

    ReplyDelete
  39. Hi,
    For over 50 years my parents have obtained land through which they used to pay a rental fee on the land. Over 20 years the person has not collected the rent, we have been told he may have passed and never had a deed for the land. However they now pay all the land and property taxes and received documents for ownership to the property several years ago. Now we want to acquire the deed of ownership for the land is that possible. What are the steps?

    ReplyDelete
  40. Hi,
    My father acquire 2 lots of land through rental, that he built a his property on over 50 years ago. Several years ago he received documents from ministry of legal affairs that stated him as the rightful owner of the PROPERTY. He has been paying taxes for the land over 10-15 years ago to present. The rightful owner of person who he paid rent to may have passed away and my father was told that he this person never really had a deed of ownership to this land. Now, my father wants to acquire the deed of ownership and pass it down to me. Can this be down legally? if so, what is the steps? Thanks in advance for your legal opinions

    ReplyDelete
  41. To Anonymous Poster RE: ***I have been in occupation of state land for over 30 years, uninterrupted, have water, electricity etc, two concrete structures, driveway, drains. What can i do to acquire the land?***

    I am in the very same situation. I have been to the Land Settlement Agency who has indicate that my location is not under their jurisdiction (they only have precedence over "squatting sites" [i.e. an area or village of many squatters], and I occupy a small piece of state land that just happens to be located in the middle of of bunch of privately held residential lands) therefore they cannot process a Certificate of Comfort for me.

    They did direct me however, to the Commissioner of State Lands where I have to put in a request to lease the land.

    This site at one time also told me to get a "Vetting Order."

    Just thought this information may be helpful for you as it seemed similar to my situation.

    ReplyDelete
  42. Hi, I would like to know if there is any law against having two houses on one parcel of land and if so i can put them on separate deeds if need be?

    ReplyDelete
    Replies
    1. Only Town & Country can answer that for you.

      Delete
  43. My Grandmom is in occupation of a NHA house for the past 28 years,she was place there by the original owner of the NHA house.
    The owner the moved to the United States where he passed away, leaving no one in charge of the property. My Grand mom has been on the property interruption free and has extended the back of the house,has a back yard garden and has fenced the property. Can he apply for the land through the Adverse Possession Act. if not can u tell me what can be done in a case as this?

    ReplyDelete
  44. how much feet away from a river you can build a house?

    ReplyDelete
  45. How much feet away must you build a house?

    ReplyDelete
    Replies
    1. You'll have to ask a draftsman, an architect or a mason.

      Delete
  46. My grandfather created a deed of gift for his property leaving me and the sole donee which was made 5 years ago.He recently passed away and his children want to challenge me in court and fight on behalf of their father's share is this even possible and if so what are the chances of them actually winning the case.

    ReplyDelete
    Replies
    1. How can they fight for something that's no longer their father's?

      Delete
  47. Basically your saying when my grandfather created the new deed he gave up his claim to his estate and entrusted me with everything. So therefore his children cannot fight for his claim on behalf of him, even if they claim its their inheritance ? Can you elaborate on this some more please and thank you

    ReplyDelete
  48. Good day

    My Father 32 years ago bought a peice of land approximately a lot and a half which he build his home where i reside for the past 30 years.
    But behind our home where our boundry stops it has about 4 lots remaining. nobody never came for ownership or to buy or anything neither the seller of the land ever came back since.
    Iam now married and interested in buying the remaing lots behind us because i want a deed on my name so i can go to the bank to get a loan to build my home, seeing that i have no contact information of the seller how can i go about getting this land? Or since we on the land 30 years im i entitled to claim for the land legally?

    ReplyDelete
  49. Good day,

    Thirty two years ago my father bought a peice of land approximately a lot and a half which he built his home which i resided for the past thirty years. Where the boundry stops there is an exsisting four lots and more remaining which i want to purchase because iam now married and want a deed on my name.
    Seeing that the only entry to the land is to pass through the front lot which i currently live how can i go about owning this land seeing that we never heard from the sellars since have no contact information for them or can i just file to try to own the land because its behind our home anyway! What to do because iam lost! Or if i do meet the sellar will i be able to get the land at a discounted price seeing that iam there 30 years?

    ReplyDelete
  50. my father began occupying a little more than an acre of state lands that nestled between privately owned lands in 1959. He planted produce which he sold to maintain his family. I got married and had six children but my husband died in 1983. I built a wooden three bedroom house on the land and moved there with my children. There was no electricity or pipe borne water. My last child was born in 1985 while we lived on the land. My father died in 1993 and I continued living and planting and selling the produce on the land. In 2007 I was successful in getting pipe borne water and electricity. I want to regularize my tenancy on the land. Can you please give me your opinion on whether I should apply for a vesting order for the land or apply for a lease of the land. Will an application for a vesting order succeed as this is state lands.

    ReplyDelete
  51. A parcel of land which was tenanted by a number of persons was left for a young man by his adopted mother as a Memorandum of Gift since Oct 1989. However she died in 2002 and the tenants have refused to pay him the rent although he has the necessary documents to prove ownership. He has sent out letters indicating his intentions to all the tenants of having all their rents paid up. However there are a number of the tenants who do not want to do so, commenting that they are on the land over fifty years and were advise by the Board of Inland Revenue and their lawyers that they should not do so.

    If the land does not belong to them are they not obligated to pay the rent?

    ReplyDelete
  52. Is there a speculative time to increase land rent if so and by what percentage, could you please suggest.

    Thank You.

    ReplyDelete
  53. Mother and father owned a house together. My father died without making a will. Is the property now solely owned by my mother or does the children have claims to his half.

    ReplyDelete
  54. My grand father owned land and it have like 7 houses squatting he took them to court and won the case the court ordered the people to buy the land and they refused to buy it. My grand father past away over four years.. We went to the high court POS to get some information about the case but we didn't get any... What will be the next step to take? Because we want the people to buy the land. Any advice??

    ReplyDelete
    Replies
    1. You need a Lawyer...

      I'm not sure why you think squatters will be able to purchase the land. If you were our client, I would be trying to convince you to get them off the land.

      Delete
  55. my father and aunt was joint tenants on my grandmother's will but they are deceased and they also have two brothers who have no shares on the said will leaving on the said property, my aunt died before my father.my father left behind three children and my uncles trying to put us out base on the fact that they are the children of my grand parents ? what's the legal conclusion of that story

    ReplyDelete
  56. My Grandmother has a house on 30yr lease land and my dad, mum, sister and brother lived with her. My grandmother is now deceased over 10yrs and no will was done. She has 5 other children besides my father and they all live abroad. My father died 5 yrs now and the lease for the property was up for renewal. The attorney for the owners of the property said only the alive siblings of my Grandmother can purchase the property so my one of my uncle offered to buy it. Four of them consented my uncle to buy it and one refuses to sign. My mother, brother and I currently lives at the house, where my mother was in a common law relationship with my father living over 25 years in the house. We recently got a eviction letter address to my mother alone. I would like to know my rights and my mother rights????

    ReplyDelete
  57. Hello, I occupy a 5 acre plot of land with state road frontage, my neighbor occupies the parallel 5 acre plot also with state road frontage. They bought the land 14 years ago and made a gravel road into their property from mine. They lived in England and used the property when they visited, once a year or less. They came to Trinidad as returning residents in 2012, and are claiming they have legal rights to the road on our land when we told them to use their own road frontage. Do they have rights after 14 years (12 of which they held permanent residence in England)?

    ReplyDelete
  58. Hi if my farther is giving me 1 lot of land and I getting a deed of gift in my name from a lawyer , can anybody at all do anything to stop that , I don't want to spend my money just so

    ReplyDelete
    Replies
    1. Aren't you already paying a Lawyer to deal with this...?

      Delete
  59. Goodday,
    I have a situation where we bought over a parcel of land previously owned by my mother's uncle "K" who was allowing his brother "D" to stay on the land. "K" and "D" were joint owners of that said piece of land however "D" sold his portion to "K". We were occupying the land together with "D" on a separate house however we vacate the land because our house burnt down and was unable to rebuild at the time. Now we are ready to rebuild and "D's" SON is destroying our structures, locking the gates and spray painting "NO TRESPASSING" can we get him evicted? what rights do we have over our property as we have a deed for our land? Since "D" sold his share of land to "K" and "K" sold the entire property to us what rights does he have to that property?

    ReplyDelete
  60. My aunt left land to my mother in her will. When she passed, some other uncles fraudulently aquired some POA documents and transferred the land to themselves and some other unknown people. My mother recently discovered the will and original deed realizing the the land should be hers. The uncles involved in the scandal have all passed well over 16 years now I believe. No one knew they had done this and the land is just sitting there untouched. I'm not sure what it means, but the land has not been administered. As my uncle who claimed ir passed, I believe it would fall into his daughter's hands. I'm sure she knows nothing of the land existing. If we have fenced part of it off, and have the original deed and will, is there a process for us to gain back possession?

    ReplyDelete
    Replies
    1. Of course! We'll deal with this when you come down. Not a problem.

      Delete
  61. I've been living in a house my great grandparents (both deceased) built over 30 years ago for more than 17 years now. We got permission to live here by my mother's aunt (she is not the owner of the land) and never paid rent. We have been maintaining the house and the land. My mother was in talks with the owner of the land to purchase the property but she passed away 3 years ago and i took over the talks. We verbally agreed on a price but then he transferred the deed to his son and now his son does not want to sell me the land but instead wants to pay me for my tenants rights and for the house.
    My questions are:
    1. Do I have a case to win adverse possession of the property?
    2. If not, can i legally accept the money for my tenants rights and the house?

    ReplyDelete
  62. In 1998 my father gave an employee permission to build, an agreement was made between the 2 that when we were ready to use the land that he the employee would vacate the property. In 2005 when my father died I became the owner of said property. The man moved out but left his wife and children there. I have had several conversations with the wife and children asking them to move. I have been sending them letters every year giving them notice to vacate, which they have ignored. Recently a letter was sent by an attorney representing the children stating that, their father was given the property by my father and that they have been living there for more than 20 years and that I have no claim to the land. They keep telling me my only option is to take them to court. What should I do?

    ReplyDelete
  63. if you buy a fence freehold property that is fence for over twenty five years and you now being told by the other owner next door that you have to move the fence because it is crossing his boundary because you purchase from the original owner two years now?

    thank and await your response.

    ReplyDelete
  64. hello this is my first time writing.my grandfather died 5 years ago and one of my uncle thats my father brother he his the deed and we cant get it we only wanted it to applied for the house grant can we apply 4 a new deed with out knowing im jus asking well thank you for your help

    ReplyDelete
    Replies
    1. When you write 10 sentences in one, how do you expect anyone to understand?

      Delete
  65. Good evening, I have a question.

    I know someone who had a verbal agreement for a piece of land from someone (the owner) who is a squatter. I am not sure if the agreement is done the right way, and if so can I be advise the procedure to do such?

    What about the agreement, how can i know if the land given to the individual will be their piece of land and can I please have some guidelines as to what I should advise the person base on the situation?

    + Should there be signing of receipts/ a contract stating the agreement between the two parties?

    + If its a verbal agreement, can the individual build on the land and possess it as their ownership?

    + What if the first owner ask the individual back for the land?

    Please advise me on what to do for the sake of the individual?

    Thanking you in advance for your kind consideration and advise. It is greatly appreciated.

    ReplyDelete
    Replies
    1. Verbal agreement for land? You must be joking!

      Of course this kind of transaction should be in writing.

      Delete
  66. where I live for over 20 years someone has been claiming to be the owner. However a search in 2010 revealed that there is a deed of assent dated 1990 but no deeds to support the deed of assent. Another search was done in 2013 and 3 deeds were revealed dating back to 1952 to support the deed of assent. However these deeds were re-registered in 2012. There are errors in the deed. The land that they claim they bought does not match the schedule. The deed has two pieces of land mixed up in it. What legal action can I take? I read where a deed of assent cannot stand on its own there must be a clear tracing.

    ReplyDelete
    Replies
    1. With all those complications involved, I cannot give an opinion over the internet. You need to seek legal advice.

      Delete
  67. Hello

    I would like to ask you for your opinion on a matter regarding my mother and some land she was 'willed' by her father. My mother inherited my grandfathers land and all the property on it which included the main house and a smaller house which my mother and father built when they lived in Trinidad. My mother and I now live in Canada and have not been back to Trinidad until recently. The land and property are now in the hands of my uncle who claims the land is his now because he has lived there for 20 plus years. Does my mother have any rights to the land or the property? Will my grandfathers will that names her the owner of the land stand up in court? And what may my uncle be entitled to?

    Thank you for your time and your reply

    ReplyDelete
    Replies
    1. This is a tricky one. I need to sit down and discuss further before I could opine.

      Delete
  68. good day
    Should a deed have the signature of both vendor and purchaser? If the answer is yes and it only carries the signature of the vendor and both vendor and purchaser is dead can the beneficiaries do anything to make it right? What will qualify the application to have a deed removed from the system ?

    ReplyDelete
  69. Can anyone apply to see the Inventory registered in probate proceedings. If so where?

    ReplyDelete
  70. I am building a brick fence between me and my neighbour on the boundary line.(paying all cost which I told her about 2-3 weeks ago) Is there some degree of tolerance of up to about 4" in laying down the bricks? Thank you for your response

    ReplyDelete
  71. I am living on a property for the past 30 years where my mother use to pay rent until about 7years ago the landlord has not visited for us to continue paying the rent after my moms death 5 years ago. Calls to the Landlord have gone unanswered and on one occasion, she said she will come to collect but has not to this day.
    My younger brother have taken all the rent slips and left the house for the past four years and is claiming ownership of the property. However, no Will or documents were done to support this claim. Can my brother evict me and my family from the house and I'm I entitled to anything? Please help.

    ReplyDelete
  72. I bought a parcel of land three years ago from an Old Lady which I did my tile search and everything. After I had obtained my Deed the Lawyer called me and told me that he found a letter whereby the land was rented by an oil company some years awhile. However I was promised my refund back but she subsequently died before I can have my refund back. She left her nephew in charge of everything and the overseeing and maintenance of the acre of land and he told me he's not entering into any agreement with me, what should I do and how to proceed this matter?

    ReplyDelete
    Replies
    1. I need to see documents before I can even comment on this issue. You need a Lawyer, that's for sure.
      You can go back to the old one or send me a private e-mail if you want to come in to see us.

      Delete
  73. Hi I have a question...I have leased state land where my family run a saw mill. The saw mill has been closed for 2 years due to my fathers death. I am in the middle of starting to run the saw mill again but now the land is occupied by three sets of squatters, What can I do to get them to leave?

    ReplyDelete
  74. My parents were living on rented land which they build a three bedroom house my father died in 1981 and my mother continued to pay the land rent until she died in 1989 i subsequently bough the land from the land lord in 1996 i maintain the house and have done extensive renovation now my sister who is living abroad and my brother who was living with my sister since 198, i ask him to come back home since he and my sister couldn't agree and he had to leave her home. he came home in 1999 and now he and my sister are claming share in the house since it was a family home .there were no will. i want my brother off the property.what claim do they have on the house when i have the deed to the land on my name.. there are five children

    ReplyDelete
    Replies
    1. If you bought the land on your own, the land is only yours. Your parents were tenants; your siblings have no rights to rented property.

      Delete
  75. we rented a lot of land from a man in 1991 the man died in 1993, my dad died in 1994 while living a man came to claim he dint show no owner ship.... he just violated every thing we were building a house he broke it down.he never returner until about 12 years after an began to fence a empty lot at the side of us, he broke down the fence an brought it closer to our house we broke it down seeing what he did, he is the legal owner i told him let us purchase the land he said value it an come by him. when i went an saw a lawyer he told me i have alot of rights i dont have plenty money to pay a big sum we offered him a price in a legal letter.... he dint reply since he comes an cut the piece of land which he was fencing its 3/4 lots whats your best solution to slove this problem

    ReplyDelete
    Replies
    1. These kind of complicated land issues require consultation. You'll have to send me a private e-mail.

      Delete
  76. i want to purchase a property which is on state land, the owners of the property have a deed of lease but the lease is about to expire, what are my options

    ReplyDelete
    Replies
    1. Make sure you get that renewed. You'll be considered a squatter and can lose your investment very easily.

      Delete
  77. we are living on a a parcel of land since 1991 till present in 2013 a man came to claim he started to fence a portion which is close to my house.. i aked him to purchase the land it is 3/4 of a lot he said vlue it and we will come to a price..... would i get a deed for 3/4 lot do i have rights can he put me out can i continue to build my house.....

    ReplyDelete
    Replies
    1. If you've been living there WITHOUT permission, you can claim adverse possession and gain rights of the property without buying it from him.

      You need to send me a private e-mail.

      Delete
  78. how do i send you a private email

    ReplyDelete
  79. Good morning, 13 years ago my parents helped out my aunt by allowing her to build a house behind ours because she had no where to go and her daughter was migrating. It was a verbal agreement. It is one property with our house in front and hers right behind. I would like to know if my aunt or her children can claim anything and is there a legal document that can be done to prevent any future trouble? Thanks in advance for your help.

    ReplyDelete
    Replies
    1. Of course she can claim rights; she was given a license to build and it would be unconscionable to expect her to just leave it and go whenever your parents decide.

      http://trinidadandtobagolegalrights.blogspot.com/2013/12/land-law-proprietary-promisory-estoppel.html

      Delete
  80. when wrongful judgement has been passed in the magistrates court concerning land, where can a person seek help, other than with a lawyer, because the lawyers are stating that they cannot do anything, judgement was passed.

    ReplyDelete
    Replies
    1. Only an appeal through a Lawyer, and it depends on what the matter was and what the appeal is based on.

      Delete
  81. Hi,

    I am really impressed by your blog. I have a situation where I would like your opinion.

    My great grandfather squatted and payed taxes for a piece of land, probably 2 acres or so I think. We never knew the owners, the "trace" was later named after my grandfather, "De devertieul" (De-Devertieul Seepersad). The land is located in south. So we have been paying taxes and occupying the land for a pretty long time, over 50 years. The last time we paid taxes was in 2008 I think. So my great grandfather verbally split up the land between his 2 daughters, one of which is my grandmother who later split the land to her children, my father. Now all that is verbal and comfortably agreed, no problems, fighting, etc. My dad uses his piece for agriculture, but he also verbally gave it to me. I may want to build a house there in the future, but I don't want to build and then someone has rights to the land to put me out. Also, if I get a deed if possible, mortgages and loans might come a bit easier for home construction. So my question is, is there anyway or anything than can be done to get a deed for the land? Or ownership such that I cannot be removed from the land if I choose to build a house? My dad said he spoke to a lawyer and the lawyer said that all he needed was the land owner death or birth certificate and we can get deed but I'm not sure if that's true. I am going sometime this week to do a title search at Land Registry but the thing is the street was named after my great grandfather and that's all the information we have. So I'm not even sure if that could possibly bring us to getting a hold of the deed owner's name.

    Your opinion would be greatly appreciated.

    Kind Regards,
    Stephen Sookdeo

    ReplyDelete
  82. hi gooday my mom has been living on a parcel of land for over 30 years part of which was given to her by her uncle which is the owner but she only has a letter of promise drafted by their lawyers i would like to know can they evict her and if possible would she have the first option to purchase the land and at what value thanks in advance

    ReplyDelete
  83. I have a question.

    ReplyDelete
  84. Hi my wife and I have been living on a piece of land that is owned by her mother. ..for the past 20 years. ..she has been living in the United States for the past 20 years and has never returned to trinidad. ...the land was never used for anything. ...we decided to develop it ...ie ..house , drainage, lights, water. ..etc.....do we have any rights on the land...seeing that we invested so much into it over the years.

    ReplyDelete
    Replies
    1. Yes. Of course. The amount of rights would depend on whether or not the development was by permission.

      Delete
  85. Hello Good Day,

    My father lives on a piece of land where he had placed my brother and my name along with my grand parents name as the owners. The will states that he has the right to live there as long as he lives. My grand father is deceased and my brother and I was put out of the house when we were at the age of 13 and 14 because we didn't want to go to Pakistan to study Islam. The deed also states at the age of 21 my brother and I are the sole owners of the house and land. We are not allowed to go onto the property due to the threatening remarks from my father. He has the original deed to the property. Also he is common law married to a woman for the past 4yrs. We made request to get a photocopy of the deed and was given an answer not suitable for here.

    My questions are:

    (1) How can i get a copy of the deed if i don't know the ref# or any other information on the deed?
    Note: I only saw the deed when i signed onto it.

    (2) Does his common law wife has any claim on the property?

    (3) If my brother and I do not want to live in the property, can we be paid the value of our share?

    ReplyDelete
    Replies
    1. 1. Legal affairs.

      2. Yes, after 5 years.

      3. Absolutely... we need to ensure that he did not remove your name in some way.

      Delete
    2. thank you so much, you have been very helpful

      Delete
  86. hi what rights do a squatter have on private lands living there for over 30 years "untouched an unmoved"?

    ReplyDelete
    Replies
    1. If it's without permission:
      State owned - Deed of comfort
      Privately owned - adverse possession

      Delete
  87. Hello, there is a piece of land next door to where I live and we have been taking care of it for the past 25 years: as in reared livestock, planted garden and we had it fenced a couple years back with no interruptions. We had searches done with legal affairs but found no owner.

    My questions are:

    1. whether or not we can claim this land through adverse possession?

    2. if yes how do we go about it?

    ReplyDelete
    Replies
    1. Of course, this is a perfect case for adverse possession. Send me a private e-mail.

      Delete
  88. I have lived with my grandfather for over 15 years he was in possession of a certificate of comfort he and I lived alone on the property before he passed he and I went to a commissioner of affidavit where he made a declaration leaving the certificate of comfort in my name two months before he passed his married son moved in now 1 year later he refuses to leave stating I have to leave the property seeing as I am only in possession of a decleration can I legally evict him from the property he an I cannot live in the same house as he has assulted me once I am at my wits end what are my rights

    ReplyDelete
    Replies
    1. Yes, you can evict him. If he refuses to move, send me a private e-mail and I'll tell you what other options you have.

      They're grey area options, so I can't post them here.

      Delete
  89. Is the Land Trust and Warranty Deed to Trustee legal in transferring Property in Trinidad and Tobago, as it is used in many states in the United States?

    ReplyDelete
    Replies
    1. Trust, yes... never heard of a Warranty deed.

      Delete
  90. If someone has a note and mortgage on a single family home and is under duress because he lost his job and cannot afford the payments anymore and would like to let me to make payments current and take over the payments. He is willing to give me the property because he just wants out of this debt because the property is worth less than the mortgage amount. what is the best way i can get ownership of this property and leave the mortgage in his name? Your opinion will be greatly appreciated. waiting excited for your responce

    ReplyDelete
    Replies
    1. Mortgage follows the owner of the property. Ownership transfers with property and all encumbrances.

      Delete
  91. Good Afternoon! I would like to know if some is totally qualified to get a property in his name under Adverse Possession. what is the timeframe before he can sell or just transfer the property to someone else? Can both be done simultaneously? meaning, instead of getting it in his name, can he just sell or transfer the adverse rights to someone else and get the deed in their name?

    ReplyDelete
    Replies
    1. Property under adverse possession cannot be transferred unless it is granted by the Courts.

      The person must get a Lawyer and take the matter to court in order to acquire rights first.

      Delete
  92. Hello, my mom has lived on family land (by way of state lease) for the past twenty years. However the lease expired in 1998, my great grandfather died years ago (the lease was in his name) and his successors (his children) have neglected to renew same. My mom has been living on, building on and paying all bills and taxes on the land for the last 20 years. Does she have any legal claim to the land?

    ReplyDelete
    Replies
    1. Has rent been paid in that 20 years? Has anyone come to ask for rent? Has anyone claimed ownership and attempted to evict?

      Delete
  93. Thank You greatly for your response! Well to extend my question about a property getting transferred to a The land Trust in Trinidad. After I get the property transferred to the Land Trust how do I make it legal? what is the process of registering or recording the trust? or should I have a lawyer or even you look over my trust first?

    ReplyDelete
  94. Hi, I've been living in family house for 30 yrs. My mother, mother parents house. My mother did renovations to the house and wired it over. But my mom past five months ago and since then my great aunt who resides in USA told me to leave the property and served me a letter to go to court stating that i'm a tenant at the house. I would like to know more about my situation.

    ReplyDelete
    Replies
    1. Complicated matters such as these require consultations.

      Send me a private e-mail.

      Delete
  95. Hello, if someone has a deed for a land and dies without leaving will to anyone to own the land, can anyone of the family members claim owner ship of the land or have the deed put in their name?

    ReplyDelete
    Replies
    1. http://trinidadandtobagolegalrights.blogspot.com/2010/07/intestacy-rules-in-trinidad-and-tobago.html

      Delete
  96. hi I was granted permission by mother(in writing 1996) to erect a house where she was the tenant of rented private owned land for 30 plus years..theres another structure on the land plus my house.my brother and niece live there presently I am the second of 3 siblings,the owner is dead and have not collected rent since 1992,can I claim for where my house is occupying the land?what measures should I take,keep in mind both my parents died leaving no will and all I have a receipts payments to the owner in my fathers name for renting the land,plus my mothers permission,taxes were paid for my brother's house,will that affect me from claiming for the portion of land my house occupies?will I be able to construct a wall on the property with no inconvenience to my brother?

    ReplyDelete
    Replies
    1. So there are two houses? You in one and your brother and his daughter in the other?

      You've been living on the property for 22 years without paying rent and without permission? No one has come to ask you to move or claim ownership?

      Delete
  97. Hi good morning...my wife and I have been living on a piece of land for over 15 years now....we have the deed for the land....it's on 2 persons name....one of whom is deceased.....the other lone surviving person name on the deed is my wife's mother....who has been living in the US for about 25 years now....we developed the land over the years. ...and spent a lot of time and money in doing so. ...my wife's mother who is the sole owner of the land gave us permission to do whatever development we deem necessary on the land by means of a notarized letter ....does this give us the assurance that we can live and build on the land without any future trouble...or interference from anyone....1..what security does her permission to live and build on the land gives us....2...can she change her mind in the future putting us in a difficult position. ...because I want to live in peace and harmony in my remaining years ...thank you Sir.

    ReplyDelete
    Replies
    1. You don't hav anything to worry about. Your rights fall under "proprietary estoppel".

      http://trinidadandtobagolegalrights.blogspot.com/2013/12/land-law-proprietary-promisory-estoppel.html

      Delete
  98. Good evening sir...I have been living on a piece of land for about 20 years now with no interfearance from anybody i have built a concrete house upstairs and downstairs fence around it, i have lights and water to the house. The person who was the owner of the land is deceased can i claim that piece of land by adverse possession never paid rent or anything like that.

    ReplyDelete
    Replies
    1. Of course! Your situation is the perfect example of adverse possession.

      Delete
  99. hi good evening, i have been living in my mother's home for 32 years an she brought me a notice to leave the property cause she sold the place...do i have any rights?

    ReplyDelete
    Replies
    1. Did you do any construction / renovation?

      Delete
  100. hi i moved in a government housing area over 5 yrs and has been renting a home the house next to me has been abandon i was told for over 15 yrs it was vandalized and huge rats and mosquitoes occupied the property together with drug users after my 5 year old contracted dengue my husband and i decided we will clean the property cut the trees that was affecting the neighbors and my self and poison the rats no one came to us until my landlord decided that she was selling the property we lived in for 1.2 million which is out of my budget i was advise that i should occupy the home next door and i did start doing renovations on it including a new roof and major plumbing and electrical work i am now approached by a woman who claims her sister lives on the same street as us and they are the owners of the property should i abandon ship or get me a lawyer she keep telling me have my lawyer contact hers and gave me an address to mail whatever i dont know what to her lawyer i am confused it is an old government house about 40 yrs old

    ReplyDelete
    Replies
    1. When did you start cleaning and renovating? How many years ago?

      Delete
  101. We have been renting a lot of land for about 50yrs,the owner offered to to sell us the land for $24000 but he died a little while later and now his grandson says he is the owner and wants $250000 for the same land.Can the grandson do this or are we still entitled to pay the $24000.

    ReplyDelete
    Replies
    1. You're entitled to purchase the land for no more than 50% its value, according to the Land Tenants (Security of Tenure) Act 1981, as amended.

      Delete
  102. Hi good day
    My step father and mom living, in a house over 20 years which is owned by my step father brother and sisters. The house was dilapidated, now it is build over and has a small shop. My step father sister send them a letter to move out in 7 months. Is there any way they can fight this, or they just have to move out after spending money to fix the place. Thank you for any help you can give.

    ReplyDelete
  103. It depends on how they ended up in the house. Rent or a license to live for free?

    ReplyDelete
  104. Hi. My mom has been occupying a house for almost 20 years left to her by her father. The house is on a lot of land, but she doesn't know who the owner is and so far no one has staked claim to the land. Can she claim the land under 'Adverse Possession? If so, how can she go about doing that? Thanking you for your reply.

    ReplyDelete
    Replies
    1. Requires a High Court application. Look under "About me" to send me an e-mail.

      Delete
  105. Hi Trinbago Rights,

    I have a relative staying on my land for the past 5 years, he has erected a house on it. All the utilities are in my name but he pays them. We do not have any form of contract nor does he pay rent.
    Does he have any rights to the land?
    How can I ask him to vacate the premises?

    ReplyDelete
    Replies
    1. If you gave him permission to build and live, you will have to compensate him for the property.

      Delete
  106. Can a deed of gift be revoked by previous owner long after deed has been registered ?

    ReplyDelete
  107. Hi Trinbago Rights
    I have been occupying/living in a house with my immediate family for the past 29 years on a piece of land. The land of which belonged to an elder of the family who recently designated the land be divided into 5 equal segments to 5 siblings (me inclusive). The problem is that piece of the home in which i occupy for the past 29 yrs fall into the part of the other sibling's designated land. That sibling has been occupying his designated land segment for the past 14 yrs but recently acquired legal documents to show his ownership of his parcel of land. I have not been able to designate time as yet to acquire legal documents to show my ownership of my parcel.
    Question: Can such sibling immediately order me to vacate/dismantle my home which occupies the segment of his parcel at anytime? (concidering that i have been occupying such land for 29 yrs compared to his 14yrs and him now having legal documents to show his ownership).

    Thanking you for your response.

    ReplyDelete
  108. My grandfather was suppose to get land in tobago from a will made by his cousin but the process never went through and that will was lost and he died after....my mother and her brothers told the family that they need to move off from the land .. now over 15 years the family has been living on the land and was not paying rent... the husband and daughter moved to trinidad over 3 to 4 years now and the wife and son remained on the land living and just started building a house .. i found a bunch of receipts showing that my family was paying land tax for it .. is there some way i can get them off and obtain a deed for the land in my name or in my mother's name.

    ReplyDelete
  109. my grandmother die a few years ago and leave a house on a parcel of land she own the house but not the land she leave the house for a son of her's who dont live in it because he have an NHA house he give his rights of the house to a sister that dont live trinidad but my grandmother common law husband and her first son lives in the downstairs of the house the sister who has ownership of the house deported son live upstairs she wants to build over the house and wants all who living downstairs move out the land is no one own could her common law husband or eldest son have Adverse Possession please advice because neither of them wants to move

    ReplyDelete
  110. My father in law occupied state land for 40 years, uninterrupted. His application for cert. Of comfort is still being processed. Before he died he gave permission to my husband and i to build a house on same property. Recently a notice to quit was sent to us by someone who now claims the land was private land. How can we verify who the rightful owner is (state or private individual)? Do we have any rights?

    ReplyDelete
  111. y grandfather was suppose to inherit land in tobago from a will made by his cousin but the process never went through and that will was lost and he died after....my mother and her brothers told the family that was renting on the land to move off from the land .. now over 15 years the family has been living on the land and was not paying rent... the man that was paying rent in the beginging and daughter moved to trinidad about 7 years now and his child mother and son remained on the land living and just started building a house .. i found a bunch of receipts showing that my family was paying some land tax for it .. is there some way i can get them off and obtain a deed for the land in my name or in my mother's name.

    ReplyDelete
  112. i have just obtained a deed in my name for a land with a house on it but there was a situation that a man who was verbally told to move off the land was still there but has not paid rent over 16 years now with his 2 children and his children's mother but not married to her was living on it but today now i found out that he moved off the land about 7 years now and then went to trinidad to live and also his daughter moved to trinidad and got married and living there now ... the 2 remaining people on the land is his son and the son's mother. they made changes to the board house that they originally met on the land and made some changes to its structure with cement and blocks and is now building a new house at the back of the house on the same property they are living on and also fenced around the property. is there anyway i can get them off the land so i can sell it or let them get first chance to buy it ?

    ReplyDelete
  113. Good day,
    My father died in 2007 with me being an only child. He left behind three pieces of land, one in his name and two pieces in the name of my step grandmother who raised him from a young age having been married to his father from since my Dad was a child. She had no children.
    I am in possession of the deeds for the pieces of land, my father gave them to me before he died. Two of the deeds are in excellent condition, whilst one is practically in pieces having been made in the early part of the 1900s and written in calligraphy, because of this i cannot figure out the deed number so as to apply to Legal Affairs for a proper copy.

    On the piece of land that's on my father's name there is a wooden building with a concrete foundation, years before his death my dad leased the land to the school feeding programme in that area and they erected the building, however when the lease was up i believe they sold the building to someone who currently resides in the back of the building and operates a bar at the front, this individual has been there and paying a sum of $300 a month first to my father and then to me. There is no written agreement but the money is paid via standing order every month. Land taxes are paid by me but building taxes are supposed to be paid by the gentleman but the last time i went to pay taxes i was told that the building taxes were not being paid and were in arrears of several thousand dollars. The gentleman pays the water rate for the land as he is operating a business on it. This i found out after my father's death.

    On the piece of land with the tattered deed there's a family living in a wooden structure I believe my father had them there as caretakers of the land, again there's no written agreement the land taxes are paid by me but they pay the house taxes this is a situation that i also found out after my father's death.

    My questions are as follows:
    1. Is there any way that I can obtain a copy of the destroyed deed?

    2. What do i have to do in order to get the pieces of lands from my step grandmother and father's names to my name?

    3. Will I have any problems with the persons occupying the lands? My intention is to sell the piece of land that the home/business is on.

    4. Should I pay the building taxes on the home/building?

    I thank you in advance for your advice.

    ReplyDelete
  114. i have a question concerning my parents' land, which is located next to an abandon lot of land. for the past 28 years they have been occupying 7ft of the abandon land and the owner didnt care not even to clean the land my parents did. Now that they want to sell the land they want the 7 ft. my parents volunteered to buy the 7ft but they dont want to sell it to them. Can they apply for adverse possesion for the 7 ft of land?

    ReplyDelete
  115. Hi first visit to this site a few questions on behalf of a good friend.

    1) If some one allows a person or persons to lets say spent about 3 to 4 months rent free but will have to help with the utilities bills and when that time come after the time has ended for the person to leave is their any law or acts stating the said person or persons in question have rights to the person place. and if so what are the owner rights and options in this situation. Thanking you looking forward for reply.

    ReplyDelete
  116. Good day,
    My father died in 2007 with me being an only child. He left behind three pieces of land, one in his name and two pieces in the name of my step grandmother who raised him from a young age having been married to his father from since my Dad was a child. She had no children.
    I am in possession of the deeds for the pieces of land, my father gave them to me before he died. Two of the deeds are in excellent condition, whilst one is practically in pieces having been made in the early part of the 1900s and written in calligraphy, because of this i cannot figure out the deed number so as to apply to Legal Affairs for a proper copy.

    On the piece of land that's on my father's name there is a wooden building with a concrete foundation, years before his death my dad leased the land to the school feeding programme in that area and they erected the building, however when the lease was up i believe they sold the building to someone who currently resides in the back of the building and operates a bar at the front, this individual has been there and paying a sum of $300 a month first to my father and then to me. There is no written agreement but the money is paid via standing order every month. Land taxes are paid by me but building taxes are supposed to be paid by the gentleman but the last time i went to pay taxes i was told that the building taxes were not being paid and were in arrears of several thousand dollars. The gentleman pays the water rate for the land as he is operating a business on it. This i found out after my father's death.

    On the piece of land with the tattered deed there's a family living in a wooden structure I believe my father had them there as caretakers of the land, again there's no written agreement the land taxes are paid by me but they pay the house taxes this is a situation that i also found out after my father's death.

    My questions are as follows:
    1. Is there any way that I can obtain a copy of the destroyed deed?

    2. What do i have to do in order to get the pieces of lands from my step grandmother and father's names to my name?

    3. Will I have any problems with the persons occupying the lands? My intention is to sell the piece of land that the home/business is on.

    4. Should I pay the building taxes on the home/building?

    I thank you in advance for your advice.

    ReplyDelete
  117. Is there any way that a verbal promise can be enforced by conduct. Say for instance someone wanted to move out of a bad neighborhood. Their parent possessed a parcel of land aside from their residence and promised this to the child so that he/she would be living in a safer neighborhood. The child sold their home and built a house on that land. After the house is built the parent decides not to transfer the land.

    Can there be a contract acceptance by conduct ( allowing the child to sell their home and build on the land) At least one utility bill was transfer to the child and the land tax is now in the child's name as well. The parent swore an affidavit to make the same possible .Is the verbal promise not enforceable because there is no material consideration for the parent?

    All of the proceeds from the sale of the child's home as well as all other savings, was used to erect the new house. Does the child have a legal right to this land now?

    ReplyDelete
    Replies
    1. Yes, http://trinidadandtobagolegalrights.blogspot.com/2013/12/land-law-proprietary-promisory-estoppel.html

      Delete
  118. My mother and her 9 siblings became the beneficiaries of my grandmother's land as joint tenants, by her will over 40yrs ago. My mother has been the sole occupant and tax payer for the period. She wishes to obtain severance to pass it on to us but while 7 are consenting, 1 wants money for "her share" and the other refuses. What can we do?

    ReplyDelete
  119. hello
    i have been on a piece of land for over 1 yr. thinking it was state lands however when i made an application for the land to the ministry if state lands and they came to check if i was really occupying the land they realised it was not state lands it was private lands, i did a search at legal affairs to find that the piece of land was surveyed by someone in 1870 but he did not go and draw up his deed for some reason or the other, the lands is not state lands niether rpo, no wills no letters of administration no taxes paid, nothing. how do i go about getting the deed for this land? and if someone comes to interfere with my crops or property like steal how do i deal with this since i have no documents? your advice is urgently needed

    ReplyDelete
    Replies
    1. You need to find a Lawyer to file for adverse possession on your behalf in the High Court.

      Delete
  120. could a lawyer file for adverse possession on my behalf even though i was only on the land for 1 yr. and did not make the 16yr. requirment, and could you recommend anyone to me to help in this situation?

    ReplyDelete
    Replies
    1. If a Lawyer does that, it's fraud. The law says 16 years.

      Delete
  121. Good day. I will like to purchase one lot of land. The owner has all of the necessary documents to prove ownership (deed, town & country approval, receipt for land taxes etc). However, an elderly couple occupied the property with the owners permission and paid a rent up until one of the occupants (the man) passed away in the year 2000. Upon his passing the mans daughter evicted his spouse and claimed ownership of the property without the owners permission. The owner has given her first preference to buy the property but she cannot afford to do so. Following this, she has been given several eviction letters to move. She has insisted that she has rights. Does she have a case of adverse possession? Can I purchase the property and have her evicted? Hope I can get some advice soon. I will really like to start proceedings to purchase this property for my family.

    ReplyDelete
    Replies
    1. She has no rights, but you need to visit a Lawyer before you proceed.

      Delete
  122. Thanks for your response. Much appreciated.

    ReplyDelete

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