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Adverse possession or ‘squatting’ is when a person occupies land that he doesn’t legally own. If he stays there long enough, the legal owner will lose his rights to the property. Then the squatter can go through a process to have the property legally ‘vested’ in him. If the idea that someone can really lose their property like this sounds crazy, you’re not alone. So here’s some background.

English Roots

Trinidad and Tobago’s property law is based on English law. The foundation of English law is possession. (Ever heard the term ‘Possession is nine-tenths of the law’? Well, this is where it came from.) This meant that if someone was occupying a property, he was presumed to be the owner until someone else showed up with a better title. Originally, it didn’t have an expiration date on when the real owner could show up and throw out the squatter. The problem was that the squatter really did treat the property as his own. For example, he would mortgage it, sell it or leave it to his family in his will. If this went on for two or three generations and then some guy shows up waving around a deed, you could imagine the chaos that would cause.

To fix that, the “powers that be” came up with the doctrine of adverse possession. It introduced a set time period within which the owner could show up and exercise his rights. After that, the squatter (or anyone he mortgaged the property to) did not have to worry about being thrown out. Why? Because the owner’s title was ‘extinguished’.

Claiming Adverse Possession

To claim adverse possession, the squatter has to show three main things:

1. Open, undisturbed occupation of the property.
2. He must intend to occupy the property as his own, to the exclusion of the title-holder.
3. His occupation must be for a continuous 16 year period.

After the squatter proves these things, the legal owner can no longer bring a claim against him. He then has two options: he can either just continue living there, or he can apply for a vesting order to put the property in his name.

If you want to know more about acquiring title through adverse possession, check out this article on the process under the Real Property Act.

Disclaimer: This article is for information purposes only; it does not constitute legal advice. If you have a legal issue, please consult a qualified attorney.