Home' Trinidad and Tobago Guardian : October 14th 2013 Contents A14
Guardian www.guardian.co.tt Monday, October 14, 2013
"Title" as it relates to land,
refers to the legal right or interest
in a piece of property.
This interest can be either free-
hold (an interest in the property
with no stated end) or leasehold
(an interest in the property with
a stated end known in law as a
"term of years"). These interests
carry with them a legal and equi-
table right to hold, occupy and use
the land to the owner's absolute
Proof of ownership of property
takes the form of land title doc-
uments that should be registered
with the Land Registry, Registrar
General's Department of the Min-
istry of Legal Affairs. There are a
number of ways to acquire freehold
or leasehold interest in land.
Contract for Sale of Land
The most usual way to own land
is by purchase. Land title is
acquired when land is purchased
by a contract of sale between a
vendor (the person who owns the
land) and purchaser (the person
buying the land).
Title is then transferred by the
sale from the vendor to the pur-
chaser. Transfer of land by sale is
essentially a three stage process,
the final stage being where the
land is conveyed or transferred in
the appropriate form.
Another way of obtaining rights
to property is by a mortgage
arrangement. Land is an asset and
the value of it can stand as suf-
ficient security for borrowing
money from a bank. Such an
arrangement is called a mortgage.
It involves a legal arrangement
between the mortgagor (the person
who agrees to have his property
mortgaged) and the mortgagee (the
person who agrees to lend the
money for which the property
stands as collateral). For a mortgage
to come into effect the mortgagor
must have a legal title to the prop-
erty. The mortgagor will either
convey (if it is freehold land) or
assigns (if it is leasehold land) his
title or rights in the property to
The mortgagee then obtains
rights and title to the property
subject to the mortgagor's right to
redeem at the end of the arrange-
The Foreign Investment Act
Chapter 70:07 states that foreign-
ers must obtain a licence to acquire
land for any purpose. Once the
licence is granted land title can be
acquired by a contract for sale of
A common way to pass on title
to land is by leaving it in a will.
If a person dies intestate (without
a will) the law also provides for
how any property of the deceased
is to be distributed and who is
entitled to it. Once the will is pro-
bated or the estate is administered
according to law, beneficiaries then
acquire their title to the land by
a Deed of Assent.
This is a legal rule that allows
a stranger/ squatter to obtain own-
ership of land if they can prove
exclusive possession of another's
land, without permission, for at
least 16 years in the case of private
land and 30 years on State lands.
This column is not legal advice.
If you have a legal problem you
should consult a legal adviser. Co-
ordinator: Roshan Ramcharitar.
How to obtain title
and rights to land Who is fighting the People s
National Movement (PNM) in the
November 4 St Joseph by-election?
That was the question party leader
Dr Keith Rowley wanted answered as
he addressed a public meeting of the
PNM in San Juan on Saturday night,
less that 48 hours before Nomination
Day, which is today.
Two weeks ago the PNM selected
Senator Terrence Deyalsingh to contest
the by-election, which was caused by
the resignation of former Justice Min-
ister Herbert Volney of the United
The UNC is yet to announce its
candidate, although Ian Alleyne, host
of popular CNC3 television pro-
gramme Crime Watch, and Dr Carson
Charles, president of the National
Infrastructure Development Company
(Nidco), were tipped.
Attorney Om Lalla had been tipped
to be the choice of the country's
newest party, led by former national
security minister Jack Warner, the
Independent Liberal Party (ILP).
"Time is running out for them.
They have until 3 o'clock on Monday
(today) to have some horse-trading,"
Rowley said to PNM supporters in the
Croisee, San Juan.
Rowley said he hoped candidates
will be nominated to contest the by-
"We don't want to win the seat by
default; we want to earn the victory
in St Joseph. We want to beat all of
them," he said to the cheers of the
crowd. Rowley said the people of St
Joseph made a mistake in 2010 when
the voted out the PNM. He said the
PNM was confident that the St Joseph
electors were "waiting patiently to
rectify the mistake that you made in
Rowley, who on Thursday appealed
to citizens to pray for ailing national
footballer Akeem Adams, wore a red
"Support Akeem" T-shirt at the meet-
The party's candidates for next
Monday's local government elections
were presented during the meeting.
And Deyalsingh, in his address to
the meeting, criticised the People's
Partnership government for claiming
the PNM was dealing with gangsters
in the country. He said the Govern-
ment "nurtures and cuddles gang-
Deyalsingh also dismissed another
line of the PP manifesto, which
claimed that T&T was relatively free
of allegations of corruption. He then
listed several allegations of corrup-
"They are not relatively free of cor-
ruption, they are the blood-relative
of corruption," he added.
He said the Government was afraid
of Rowley because he was a man of
"He is the only citizen in this coun-
try who can effectively deal with Jack
Warner, that is why they afraid of him.
He is the only man to deal with the
ILP," Deyalsingh said.
Rowley: We don't want
to win St Joseph by default
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