Before we explain the process of an RPA Application, you need a little background.
Land Registration in Trinidad and Tobago
There are two systems of land registration – unregistered common law title and registered title under the Real Property Act. Unregistered title is shown through a deed while a registered title is shown on a Certificate of Title (or CT).
The main difference between a deed and a CT, is that deeds are relative while a CT is absolute. Essentially, even if you have a deed to a property, someone can come along with another deed that shows that they have a better claim to the same property. This is why title searches are so important…and so expensive. A CT however, is ‘indefeasible’. This means that there is no chance of a ‘better’ CT coming along. Whoever holds the CT to a property is the indisputable owner or ‘proprietor’. (Like everything else in law, there are exceptions.)
You can read the Real Property Act here.
Adverse Possession
Adverse possession is where a person who has no legal right to a piece of property, treats that piece of property as his own. If he maintains exclusive possession for an uninterrupted period of 16 years, then the legal owner can no longer go to court to have him removed. The legal owner’s ‘paper title’ is said to have been extinguished. For this reason, we always recommend if you have land that you do not occupy, check up on it!
Under the unregistered system of title, you can acquire a deed (but not a CT) through something called a vesting order, in cases of adverse possession. But this article is about obtaining a CT by ‘bringing unregistered lands’ under the Real Property Act. (If you’re already dealing with registered land, then you need a ‘vesting order’ – we know, it’s confusing). If the RPA Application is successful, then voila, a brand new CT is issued in his name. BUT it is a long, expensive process.
The RPA Application for Adverse Possession
The Statutory Declaration
This sets out:
- a thorough description of the lands,
- the foundation for the adverse possession claim,
- any encumbrances (e.g. mortgages) on the land,
- any documents or evidence of the legal title of the land,
- information on the neighbours (names and addresses),
- the present value of the land (supported by an independent valuation),
- any rights of way, easements, roads or road reserves that affect the land and
- details of any other persons occupying the land (e.g. tenants).
Survey Plans
You need three (3) Survey Plans approved by the Director of Surveys showing the details of the land (boundaries, neighbours, buildings, rights of way etc.). There are also two declarations to accompany these plans:
- Surveyor’s declaration that he carried out the survey and there were no objections. If there were objections, he needs to say who objected and why. He must also state who was present when the survey was carried out.
- The applicant’s declaration that he gave 7 days’ notice to the neighbours about the survey being conducted. He must state how notice was given and to whom.
Witness Declarations
You need three (3) supporting declarations from witnesses that personally know the history of the occupation of the land for at least THIRTY (yes, 3-0) years (preferably neighbours).
Other Documents
You must provide with your application:
- Assessment roll records showing the assessed owners of the land for the prior THIRTY years
- Abstract of title for the land for a minimum period of THIRTY years
Registrar General Reports
The Registrar General will conduct two reports once they receive your RPA application:
- Report on title
- On-site Investigator’s Report
Notices
The following notices are required throughout the process:
- Notice to your neighbours that you intend to carry out a land survey
- Notice of the application must be sent to all persons with a legal or equitable interest in the lands, as well as to adjoining landowners and occupiers. (Service must proved by affidavit sworn by the person who served the notice.)
- Notice of the application to be published on four (4) occasions in two (2) daily newspapers with at least two (2) advertisements in each. There also has to be a one (1) week break between each advertisement.
If there are no objections to your application by the end of this process, the Registrar General will issue a new CT in your name.
An RPA Application is not for the faint of heart (or short of patience), but it can lead to legal title.
Disclaimer: While written by attorneys, none of our articles propose to give legal advice. If you have a legal issue, you should seek advice from a qualified attorney with respect to your unique circumstances. A particular outcome can never be guaranteed – each case turns on its own facts.
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