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THE REGISTRATION OF TITLES TO LAND ACT 2000 Arrangement of Sections PART I PRELIMINARY Section 1. Short title and commencement 2. Application and purpose 3. Interpretation PART II ADMINISTRATION 4. Land Registry 5. Registrar of Land 6. Qualification for certain appointments 7. Offices are public offices 8. Seal of the Land Registry 9. Functions of the Registrar may be performed by the Deputy Registrar or an Assistant Registrar 10. Registrar, Deputy Registrar and Assistant Registrar are Commissioners of Affidavit 11. Authority to officers in writing 12. Validity of document under Seal PART III THE REGISTER 13. The Land Register 14. Compilation of the Register 15. State owned land 16. Contents of parcel folio 17. Interest folio 18. Endorsement of a memorial in respect of certain leases 19. Mines and Minerals 20. Condominiums 21. Consolidation and Subdivision 22. Parcels subdivided or consolidated to have a new folio 23. Application for subdivision or consolidation 24. Issue of Certificate of Title 25. Contents of Certificate of Title

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Page 1: The Registration of Titles to Land Act, · PDF fileTHE REGISTRATION OF TITLES TO LAND ACT 2000 Arrangement of Sections PART I PRELIMINARY Section 1. Short title and commencement 2

THE REGISTRATION OF TITLES TO LAND ACT 2000

Arrangement of Sections

PART I

PRELIMINARY

Section1. Short title and commencement2. Application and purpose3. Interpretation

PART II

ADMINISTRATION

4. Land Registry5. Registrar of Land6. Qualification for certain appointments7. Offices are public offices8. Seal of the Land Registry9. Functions of the Registrar may be performed by the Deputy

Registrar or an Assistant Registrar10. Registrar, Deputy Registrar and Assistant Registrar are

Commissioners of Affidavit11. Authority to officers in writing12. Validity of document under Seal

PART III

THE REGISTER

13. The Land Register14. Compilation of the Register15. State owned land16. Contents of parcel folio17. Interest folio18. Endorsement of a memorial in respect of certain leases19. Mines and Minerals20. Condominiums21. Consolidation and Subdivision22. Parcels subdivided or consolidated to have a new folio23. Application for subdivision or consolidation24. Issue of Certificate of Title25. Contents of Certificate of Title

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PART IV

INSTRUMENTS AND DEALINGS WITH LAND

26. Interest in land to be created or disposed of in writing27. Priority28. Circumstances in which an instrument may be rejected by the

Registrar29. Effect of registration of instrument or document30. Registrar to cancel registration when instruments registered

are found to be defective31. Rectification of errors32. Power of the Registrar to state a case to Court33. Registrar’s Caveat34. Conclusiveness of the Register35. Protection of persons dealing with the registered proprietor36. Action for recovery of land37. Registrar to create or modify forms38. Prescribed forms and fees39. Registrar to register instruments duly completed40. Execution of instruments41. Mode of execution of instruments and verification42. Stamp Duty43. Registrar to retain instruments accepted44. Minors45. Agents and persons under disability46. Gifts to persons under disability47. Power of attorney48. Effect of registered power of attorney49. Death of joint proprietor

PART V

TRANSMISSIONS, LIQUIDATION AND TRUST

50. Transmission on the death of sole proprietor51. Effect of transmission on death52. Transmission on bankruptcy53. Liquidation54. Transmission by compulsory acquisition or judgement of court55. Trusts56. Survivor of Trustees57. Power of Court to make restraining order

ii

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58. Effect of registration of restraining order59. Cancellation of restraining order60. Voluntary transfer

PART VI

EFFECT OF REGISTRATION

61. Effect of registration with absolute title62. Effect of registration with provisional title63. Effect of registration of a lease64. Entries to constitute notice

PART VII

ASSURANCE FUND AND COMPENSATION

65. Assurance Fund and compensation65. Claims for compensation67. Persons deprived of land may bring action for damages68. Recovery of damages and costs paid69. Failure to lodge caveat deprives right to claim damages70. Action for damages to be brought within six years71. Assurance Fund not liable in certain circumstances to pay

compensation72. No personal liability for act done in good faith73. Inspection, searches and copies

PART VIII

MISCELLANEOUS

74. Lodging of caveats75. Notice and effect of caveat76. Withdrawal and removal of caveat77. Second caveat in respect of same matter78. Wrongful caveat79. Effect of caveat80. Certified copies admissible in evidence81 Offences83. Regulations83. Savings84. Repeals

iii

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Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 39,No. 139, 18th July, 2000

Fifth Session Fifth Parliament Republic of Trinidadand Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 16 of 2000

[L.S.]

AN ACT to provide for a register of land titles, and toprovide for the registration of estates andinterests in land, in that register.

[Assented to 13th July, 2000]

ENACTED by the Parliament of Trinidad and Tobago asfollows:—

Enactment

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PART I

PRELIMINARY

1. This Act may be cited as the Registration ofTitles to Land Act, 2000 and shall come intooperation on a date to be fixed by the President byProclamation published in the Gazette.

2. (1) This Act applies to every parcel of land forwhich a folio of the Register is established under thisAct.

(2) The purposes of this Act are to—(a) provide certainty of ownership of

interests in land and to simplify proof ofownership;

(b) facilitate the economic and efficientexecution of transactions with respect tointerests in land; and

(c) provide compensation for persons whosustain loss in circumstances prescribed.

(3) In order to carry out the purposes mentionedin subsection (2), the Act provides for—

(a) establishment of a parcel based registerfor land brought under this Act;

(b) use of a Unique Parcel Reference Numberto identify each parcel of land;

(c) establishing the ownership of interests inland by registration;

(d) establishment of priority for enforcementof interests by t ime and date ofregistration;

(e) establishing procedures to manage theland registration process;

Application andpurpose

Short titleand commencement

256 No. 16 Registration of Titles to Land 2000

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(f) the maintenance of records in prescribedformat; and

(g) establishing procedures for compensatingpersons who sustain loss subject to thesatisfaction of criteria prescribed by thisAct.

(4) Except as otherwise provided in this Act, nolaw, practice or procedure relating to land shallapply to land registered under this Act in so far as itis inconsistent with this Act:

Provided that except where a contrary intentionappears nothing contained in this Act shall beconstrued as permitting any dealing which isforbidden by express provisions of any other law oras over-riding any provisions of any other lawrequiring the consent or approval of any authority toany dealing.

3. In this Act—“adjudicated” means adjudicated in

accordance with the provisions of theLand Adjudication Act;

“Adjudication Officer” means theAdjudication Officer appointed under theLand Adjudication Act;

“Assistant Registrar” means an AssistantRegistrar appointed under section 5;

“Assurance Fund” means the AssuranceFund established under section 65;

“Cadastral Survey” shall have the meaningassigned to it under the Land SurveyorsAct;

“Certificate of Title” means a certificate oft it le issued under section 24 andincludes a certificate of lease;

Interpretation

Act No. 14 of 2000

Act No. 33 of 1996

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“Certified” means certified by the Registrar ofLand;

“Charge” means security for payment of a debtor performance of an obligation attachingto property of the debtor;

“Consolidate” means the combining of separateland parcels into one land parcel;

“Court” means the Court of Appeal;“Deputy Registrar” means a Deputy Registrar

appointed under section 5;“document” means a writing, a plan, a map, or

any information in a form which can beconverted into a writing, a plan, or a mapby a machine or a device, and includesinformation:

(i) on microfilm;(ii) in electronic, mechanical or

magnetic storage; or(iii) in electronic data transmission

signals;“encumbrance” means a proprietary right held

by one person over the property of anotherthat limits the ways in which the ownermay use or deal with the property;

“folio” means a component of the Register asprovided for in section 13;

“indefeasible” means not subject to any priorinterest or estate;

“Land” means land, messuages, tenements andhereditaments, corporeal and incorporeal,of every kind and description, or anyestate therein together with all parts,passages, ways, watercourses, liberties,privileges, easements, plantations,gardens, mines, minerals and quarries andall trees and timber thereon or thereunderlying or being;

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“Land Registry” means the Land Registryestablished under section 4;

“memorial” means an entry in the Register;

“mines and minerals” include any stratum orseam of minerals or substances in or underthe land;

“Minister” means the Minister to whomresponsibility for registration of title toland is assigned;

“mortgagee” means the person recorded in theregister as the owner of a mortgage;

“mortgage” means any charge on land createdmerely for securing the payment of a debtor performance of some other obligation;

“notice” includes constructive notice;

“parcel identification map” means the parcelidentification map prepared under theLand Adjudication Act;

“Plan of Consolidation” means a plan acceptedfor registration by the Registrar of Landthat defines the boundaries of a new landparcel created by consolidating formerparcels of land;

“plan of subdivision” means a plan accepted forregistration by the Registrar of Land thatdefines the boundaries of the new landparcels of any subdivided former parcel orparcels of land;

“public right of way” means a right for thepublic to travel along the site of the rightof way;

“Registrar’s Caveat” means entry made bythe Registrar of Land on a fol io inaccordance with section 33;

No. 16 Registration of Titles to Land 259

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“Registrar” means the Registrar of Landappointed under section 5;

“Register” means the Register kept undersection 13;

“Regulations” means Regulations made underthis Act;

“restriction” means a restriction on the wayland may be used or dealt with;

“seal” means the official seal of the LandRegistry of Trinidad and Tobago;

“statutory easement”' means an easementcreated under an Act;

“Tribunal” means the Land Tribunalestablished under the Land Tribunal Act;

“Unit”, “Common Property” and “CondominiumScheme” have the meanings assigned tothem in the Condominiums Act, 1981;

“Unique Parcel Reference Number” means anidentifying mumber within the meaning ofsection 13(3) of the Land Adjudication Act.

PART II

ADMINISTRATION OF THE LAND REGISTRY

4. (1) A Land Registry shall be established for thepurpose of receiving, creating and managing therecords described in Part III in accordance with theprocedures prescribed.

(2) For the purposes of this Act, all registration oftitle to land and the registration of all instruments andother documents relating to land shall be effected inthe office of the Land Registry.

(3) Registration referred to in subsection (2), shallbe recorded in the Registers and Indices maintainedfor that purpose by electronic or other means in theoffice of the Land Registry in such manner as may beprescribed.

Act No. 15 of 2000

Act No. 23 of 1981

Land Registry

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(4) Registration of a document shall not be validand effectual unless it is validated under the hand ofthe Registrar.

(5) The Minister may by Regulations provide forthe establishment of one or more offices of the LandRegistry to facilitate administration of this Act.

5. (1) There shall be a Registrar of Land and one ormore Deputy Registrars of Land and one or moreAssistant Registrars of Land.

(2) Until a Registrar is appointed under this Act,the Registrar General shall perform the duties andexercise the powers of the Registrar of Land.

6. (1) No person shall be appointed as Registrarunless he is an Attorney-at-law of at least seven yearsexperience in Land Law.

(2) No person shall be appointed as a DeputyRegistrar unless he is an Attorney-at-law of at leastfive years experience in Land Law.

(3) No person shall be appointed as an AssistantRegistrar unless he is an Attorney-at-law.

7. The offices of the Registrar, Deputy Registrar andAssistant Registrar are public offices within themeaning of section 3 of the Judicial and Legal ServiceAct.

8. The Registrar shall have an official seal with thewords “Land Registry, Trinidad and Tobago” embossedthereon.

9. Where by any law in force in Trinidad and Tobagoanything is appointed to be done by the Registrar itmay, in the absence of express provision to the contrary,be lawfully and effectually be done by a DeputyRegistrar or an Assistant Registrar.

Registrar of LandChap. 19:03

Qualification forcertain appointments

Offices are publicoffices

Chap. 6:01

Seal of the LandRegistry

Functions of theRegistrar may beperformed by aDeputy Registrar oran AssistantRegistrar

No. 16 Registration of Titles to Land 261

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10. The Registrar, Deputy Registrars and AssistantRegistrars are ex officio Commissioners of Affidavitswithin the meaning of the Commissioner of AffidavitsAct.

11. The Registrar may, by authority in writing givento officers of the Land Registry—

(a) require that such authority be exercised inaccordance with any general or specificdirection of the Registrar;

(b) specify the period for which such authorityis valid;

(c) direct and manage the operation of theofficers and offices of the Land Registry;

(d) provide for inspection of any record of theLand Registry; and

(e) direct such other officers to perform suchduties as may be required to give effect tothe purposes and provisions of this Act.

12. Any document signed by an officer of the LandRegistry under seal and in accordance withany authorization or direction given pursuant tosection 9 shall be valid and effectual.

PART III

THE REGISTER

13. (1) A Register shall be kept and maintained bythe Registrar for all land in Trinidad and Tobagobrought under this Act.

(2) The Register shall be comprised of—(a) a folio for every parcel which has been

adjudicated in accordance with the LandAdjudication Act;

(b) a lease folio in respect of every lease forwhich a separate folio is required to bemaintained under this Act; and

Registrar, DeputyRegistrar andAssistant Registrarare Commissionersof AffidavitChap. 6:52

Authority to officersin writing

Validity of documentunder seal

The Land Register

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(c) every interest folio created in accordancewith sections 17, 19 and 20.

(3) Each folio shall bear a Unique ParcelReference Number linking it to the ParcelIdentification Map.

(4) For the purposes of this Act Unique ParcelReference Number shall be the legal description of theparcel.

(5) The Registrar shall indicate in the foliowhether the land is State land or private land and,in the case of private land, whether the title of theowner is absolute or provisional.

(6) Each folio shall contain such description asmay be prescribed.

(7) Each folio may be maintained in loose leaf orin electronic form.

14. (1) Whenever an adjudication record hasbecome final under section 23 of the Land AdjudicationAct and the Adjudication Officer has delivered theadjudication record to the Registrar, the Registrar shallprepare a folio for each parcel shown in theadjudication record and for any lease for which aseparate folio is required to be maintained, and shallregister therein any of the particulars in theadjudication record which require registration andthereupon, the Real Property Ordinance and theRegistration of Deeds Act shall cease to apply to suchparcel and this Act shall apply thereto.

(2) The first registration of any parcel shall beeffected by the preparation of a folio in accordance withthe provisions of section 13 and the signing, thereof bythe Registrar.

(3) Every subsequent registration shall beeffected by an entry made by the Registrar in the folioin such form as may be prescribed and any cancellationof an entry, shall be recorded in the folio in the likemanner.

Compilation of theRegister

Chap. 27. No. 11[1950 Rev.]Chap. 19. No. 6[1950 Rev.]

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15. Where land is adjudicated as State land theRegistrar shall in compiling the Register, record asencumbrances the particulars of all leases granted bythe State under the State Land Act including any otherestate or interest granted by the State.

16. The Registrar shall record against the parcelfolio all relevant matters as are prescribed.

17. (1) For the purposes of this Act the Registrarmay create an interest folio for any registered interest.

(2) Where the interests are owned by the sameproprietor and are related in purpose or aresubstantially the same under the law the Registrarmay create a consolidated interest folio.

(3) The Registrar shall, upon request of theproprietor of the lease, create a folio for any lease for aterm which is not less than twenty-one years andremains unexpired and such folio shall refer to thereversion expectant upon such lease.

18. Where a folio is created in respect of the freeholdreversion expectant upon a lease granted for a term ofnot less than twenty-one years, or for a term of whichnot less than twenty-one years remains outstanding,and a folio was previously created in respect of suchlease, the Registrar shall, without prejudice to the saidfolio previously created, endorse a memorial of the saidlease on the folio created in respect of the saidreversion.

19. (1) The Registrar may create an interest folio inrespect of mines or minerals in or underlying any landregistered under this Act in this section referred to assurface land.

(2) Where any estate or interest in mines orminerals is transferred separate from the surface land,the Registrar may create a separate folio or interestfolio in respect of such estate or interest.

State owned land

Chap. 57:01

Contents of parcelfolio

Interest folio

Endorsement of a memorial in respectof certain leases

Mines and minerals

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(3) A memorial in such form as may beprescribed of the creation of an interest folio relating tomines or minerals under this section shall be endorsedon the folio of the parcel.

(4) No interest folio shall be created under thissection unless a map or plan, of the land duly certifiedby the Director of Surveys indicating the mines orminerals to which the interest folio relates is lodgedwith the Registrar.

20. The Registrar shall create a separate folio inrespect of each unit and the common propertydesignated by a condominium scheme in accordancewith the provisions of the Condominiums Act when itcomes into operation or any Act which may repeal andreplace it.

21. Where an application in the prescribed form ismade by the registered subdivision proprietor of one ormore parcels of land to the Registrar to subdivide orconsolidate land, the Registrar shall require a plan ofsubdivision or consolidation approved and certified bythe Director of Surveys to be lodged with any documentor instrument intended to effect such consolidation orsubdivision.

22. Before any document containing a plan ofsubdivision or consolidation is registered, the Directorof Surveys shall provide to the Registrar a New UniqueParcel Reference Number for each parcel of land shownin such plan of subdivision or consolidation and theRegistrar shall create a new folio in respect of eachsuch parcel.

23. (1) An application under section 21 shall beaccompanied by—

(a) such evidence of compliance with this Actor Regulations made under this Act or anyother written law governing subdivision orconsolidation of land;

Condominiums

Act No. 23 of 1981

Consolidation andsubdivision

Parcel subdivided orconsolidated to havenew parcel referencenumber and a newfolio

Application forsubdivision orconsolidation

No. 16 Registration of Titles to Land 265

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(b) such maps or plans, prepared and certifiedas may be prescribed showing the landsubject to the subdivision or consolidation.

(2) Where the Registrar creates a new foliopursuant to an application under section 21, the formerfolio shall be cancelled and a notation placed on thecancelled folio referring to the new folio created.

24. (1) The Registrar shall, if requested by anyproprietor of land registered under this Act or the holderof a lease of such land issue to him a Certificate of Title ora Certificate of Lease, as the case may be, in theprescribed form showing all entries in the Registeraffecting that land or lease subsisting at the date of issueof the Certificate.

(2) A Certificate issued under this section shall beevidence of the matters shown therein as at the date ofissue of such certificate.

25. A Certificate of Title issued under section 24 shallcontain—

(a) a Unique Parcel Reference Number andproperty address;

(b) reference to the parent folio;

(c) the date of its issue;

(d) the name of the registered proprietor and thenature of the estate or interest in or theextent of title to land to which the Certificaterelates;

(e) a schedule of and the order of priority of allcurrent encumbrances, charges, restrictions,conditions and other interests whetherbenefiting or burdening the land to whichthe Certificate of Title relates; and

(f) any other relevant information necessary.

Issue of Certificateof Title

Contents ofCertificate of Title

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PART IV

INSTRUMENTS AND DEALINGS WITH LAND

26. (1) No interest in land subject to this Act, can becreated or disposed of except by writing signed by theperson creating or conveying same or by his agentthereunto lawfully authorised in writing, or by will orby operation of law.

(2) A declaration of trust respecting land or anyinterest therein must be manifested and proved bysome writing signed by the person who is able todeclare such trust or will.

(3) No instrument or document shall beregistered under the provisions of this Act unless it isin writing in such form as may be prescribed.

27. An instrument or other document affecting landthat is presented for registration shall—

(a) conform to such requirements as areprescribed;

(b) be registered in the order of time in whichit is so presented; and

(c) notwithstanding any notice, take effect inthe order of priority according to the timeof its registration.

28. (1) An instrument or document that isincomplete or otherwise materially defective, shall notbe considered to be in proper order for registration andmay be rejected by the Registrar.

(2) Where the Registrar rejects an instrument ordocument he shall return the instrument or documentand give notice of the rejection and reasons for suchrejection in such form as may be prescribed.

(3) Where the Registrar rejects an instrument ordocument and gives notice of rejection under subsection(2), the instrument or document may be resubmittedwith the necessary amendment.

Interest in land to becreated or disposed ofin writing

Priorty

Circumstances inwhich an instrumentmay be rejected bythe Registrar

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(4) Any person who is aggrieved by the rejectionmay appeal to the Tribunal.

29. An instrument or document when registered bythe Registrar, has legal effect, and passes an estate orinterest in land when a memorial is endorsed on theinstrument or document under the signature of theRegistrar.

30. (1) Where any instrument that has been lodgedand registered in accordance with the provisions of thisAct is subsequently found to—

(a) contain material defects; or(b) be inadequate to give effect to the intention

of the parties to the transaction,

the Registrar may on application—(i) cancel the registration of the instrument or

document and restore the folio to its formerstate;

(ii) place on the folio a memorial amendingand correcting the said folio on the writtenrequest of the parties to the transactionand upon production of such evidence asmay be required by the Registrar; or

(iii) give effect to any order of the Court orTribunal to correct or amend a folio.

(2) The Registrar may cancel any entry in theRegister where he is satisfied that the entry has ceasedto have effect.

31. (1) Where an error or omission is, in the opinionof the Registrar, clerical or administrative in nature, heshall make such amendment or alteration to the folio ofthe Register as is necessary.

(2) Where a correction is made in accordancewith subsection (1), the folio shall have the same

Effect of registrationof instrument ordocument

Registrar to cancelregistration wheninstrumentsregistered are foundto be defective

Rectification oferror or omission

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validity and effect as if an error or omission had neverbeen made, but without prejudice to any other entrymade prior to making of the said correction or entry.

32. (1) Whenever any question arises with regard tothe exercise of any power or the performance of anyduty conferred or imposed on him by this Act, theRegistrar may, and shall if required to do so by anaggrieved party, state a case for the opinion of theCourt; and thereupon the Court shall give its opinionwhich shall be binding upon the Registrar.

(2) Where an aggrieved party requires theRegistrar to state a case for the opinion of the Court,such party shall deposit with the Registrar such sum orsuch security as the Registrar shall consider sufficientto meet the costs of such proceedings.

(3) An aggrieved party may appeal to theTribunal from the decision of the Registrar as tothe quantum of the sum or such security to bedeposited under subsection (2).

33. Where an instrument that has been registered isalleged to have been obtained fraudulently theRegistrar shall, on the application of a party to suchand instrument or on the application of any person whosatisfies the Registrar of his interest in the land entersa caveat and where the Registrar enters a caveat, theprovisions of sections 74, 75, 76, 77 and 78 shall applywith such modifications as are necessary.

34. (1) Subject to subsection (2), the title of everyproprietor of land subject to this Act is, except in thecase of fraud, absolute and indefeasible and accordinglyshall not be impeached or affected in any way by theexistence in any other person of any estate or interest,whether derived by grant from the State or otherwise,which but for this Act might be held to be paramount orto have priority.

Power of Registrar tostate a case to Court

Registrar’s Caveat

Conclusiveness of theRegister

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(2) The proprietor of any estate or interest inland subject to this Act holds the same subject to—

(a) any estates, interests, mortgages, charges,restrictions or encumbrances entered onthe folio to which the land relates;

(b) any statutory charge over such landregistered in accordance with Regulations;

(c) the estate or interest of any proprietorclaiming the same land under a prior folioof the Register;

(d) the rights of any tenant of any such landholding a periodic tenancy or a leaseholdterm not exceeding three years or rightsunder an agreement for a lease for a termless then three years;

(e) any statutory easement;

(f) any implied easement or profit;

(g) any easement or other interest in such landwhich has been omitted from or mis-described in the folio;

(h) any portion of land erroneously included bymisdescription of parcels or boundaries inany folio or other instrument evidencingtitle;

(i) rights of compulsory acquisition, entry,search, user or limitation of user conferredor imposed under any other written law;

(j) the rights of a person in actual occupationor in receipt of rents and profits exceptwhere inquiry is made and the rights arenot disclosed;

(k) in the case of land granted by the State—(i) reservations and conditions

contained in the grant;

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(ii) any resumption of such landpursuant to such reservationsand powers; or

(iii) resumption of land understatutory powers;

(l) natural rights of light, air, water andsupport;

(m) any unpaid money which, withoutreference to registration under this Act, isexpressly declared by any law to becharged upon land;

(n) rights acquired or in the process of beingacquired by virtue of any law relating tolimitation or prescription; or

(o) any public right of way and any unpaidtaxes, charges, rates, assessments andduties,

but free from all other estates, interests andencumbrances.

(3) The Registrar may direct registration of anyliabilities, rights or interests referred to in subsection (2)(and not otherwise required to be registered under thisAct) in such manner as he thinks fit.

35. A person contracting with the registeredproprietor in good faith and for valuable considerationis not required to—

(a) enquire or ascertain the circumstancesunder which the registered proprietor orany previous proprietor was registered; or

(b) give effect to, nor is he to be affected by anytrust or unregistered interest unless thatinterest is protected by the entry of theparticulars by a caveat on the relevantfolio.

Protection of personsdealing with theregistered proprietor

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36. An action for recovery of land subject to this Actmay be brought against the registered proprietor by—

(a) any person entitled to enforce a lease,mortgage, charge or encumbrance or otherinterest affecting the said land;

(b) a proprietor claiming the same land undera prior folio;

(c) any person deprived of any land subject tothis Act except where the land has beentransferred to a bona fide purchaser forvalue without notice of any fraud; or

(d) any person deprived of or claiming anyland erroneously included by description inthe proprietor’s folio unless the registeredproprietor is a bona fide purchaser forvalue without notice.

37. Subject to the approval by the Minister, theRegistrar may create, or modify such forms as arerequired to be registered under this Act to give effect totransactions affecting land.

38. The Registrar shall make available to the publicprescribed forms at such fees as are prescribed.

39. On lodgment of instruments in the prescribedform duly completed by the parties, witnessed inaccordance with section 41, and subject to the paymentof any prescribed fees, the Registrar shall register theinstrument in accordance with this Act.

40. (1) Every instrument evidencing a dispositionshall be executed by all persons shown by the Registerto be owners of the interest affected and by all otherparties to the instrument, but the Registrar maydispense with execution by a particular party, otherthan the proprietors of the interests affected by adisposition where he considers that such execution isunnecessary.

Action for recovery ofland

Registrar to createor modify forms

Prescribed forms andfees

Registrar to registerinstruments dulycompleted

Execution ofinstruments

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(2) An instrument shall be deemed to have beenexecuted only by—

(a) a natural person, if signed by him;(b) by a corporation—

(i) if sealed with the common seal ofthe corporation affixed thereto inthe presence of and attested byits clerk, secretary or otherpermanent officer and by amember of the board of directors,council or other governing body ofthe corporation; or

(ii) in the case of a corporation notrequired by law to have acommon seal, if signed by suchpersons as are authorised in thatbehalf by any law or by statute orcharter of the corporation or bythe person duly appointed inwriting in the absence of anyexpress provision, by thecorporation evidence of whichappointment has been producedto the satisfaction of theRegistrar.

41. (1) Where a party executes an instrument inTrinidad and Tobago it shall be executed in thepresence of at least one witness not being a partythereto and a qualified functionary but the signing ofthe instrument shall be attested to by at least onewitness subscribing his name, address, business,profession, occupation or condition of life and thequalified functionary subscribing his name, addressand qualification.

(2) Where a party executes an instrument out ofTrinidad and Tobago the instrument shall be executedin the presence of at least one witness not being a party

Mode of execution ofinstruments andverification

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thereto and the signing thereof shall be attested by atleast one such witness subscribing his name, address orbusiness, profession, occupation or condition in life.

(3) Where a company or corporation executesthe same, the instrument shall be executed andattested in manner prescribed by any written law.

(4) A qualified functionary shall not subscribean instrument under this section unless it bears thesignature of an attorney-at-law as having preparedsuch instrument.

(5) Every instrument so executed shall whenregistered have the force and effect of a deed made bythe parties signing the same.

(6) In all cases in which any instrument isexecuted by any person within Trinidad and Tobago, anaffidavit or solemn declaration in the prescribed formproving such execution shall be made before a Judge, ora Commissioner of Affidavits.

(7) In all cases in which any instrument isexecuted out of Trinidad and Tobago, an affidavit orsolemn declaration of the witness proving suchexecution shall be made and the making of the samemay be certified in the like manner to that prescribedfor deeds executed out of Trinidad and Tobago bysection 10 of the Registration of Deeds Act or anyamendments thereof.

(8) The Registrar may dispense withverification under this section—

(a) if he considers that it cannot be obtained orcan be obtained only with difficulty and heis otherwise satisfied that the instrumenthas been properly executed; or

(b) in cases in which to his knowledge theinstrument has been properly executed,

and shall record on the instrument his reason fordispensing with such verification.

Chap. 19:06

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(9) Where an instrument presented to theRegistrar is in a language other than the EnglishLanguage that instrument shall be presented togetherwith a translation into the English Language certifiedby a sworn translator.

(10) In this section “qualified functionary”means a judge, an attorney-at-law or the Registrar ofthe Supreme Court.

42. Notwithstanding any other written law the feespayable under this Act shall be paid to the Registrar insuch manner as may be prescribed and the Registrarshall issue a receipt for the payment.

43. (1) Subject to subsection (2) all instrumentsaccepted by the Registrar shall be retained in the LandRegistry.

(2) When a lease or charge is registered,particulars of registration shall be noted on theduplicate and the triplicate thereof, and the duplicateand triplicate shall be returned to the person whopresented them.

44. (1) For the avoidance of doubt, it is herebydeclared that the name of any minor may be entered inthe Register either on first registration or as atransferee or on transmission.

(2) Nothing in this section enables any suchperson to deal with land or any interest in land byvirtue of such registration, and where to his knowledgea minor is registered, the Registrar shall enter arestriction accordingly.

(3) A minor or any person representing a minor,who applies to register any disposition of land or anyinterest in land made by the minor shall state in suchapplication particulars of the age and date of birth ofthe minor.

Registrar to retaininstruments accepted

Minors

Stamp Duty

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(4) Where a disposition by a minor whoseinfancy has not been disclosed to the Registrar hasbeen registered, such disposition may not be set asideonly on the grounds of minority.

(5) Where a minor or any person representing aminor makes a false statement as to the age or date ofbirth of the minor in any application to register anydisposition of land or any interest in land by the saidminor, he is guilty of an offence under this Act andliable on summary conviction to a fine of ten thousanddollars or to imprisonment for two years.

45. (1) Except as provided in subsection (3) noinstrument executed by any person as agent for anyother person shall be accepted by the Registrar unlessthe person executing it was authorised in that behalf bya power of attorney executed and verified in accordancewith section 41.

(2) The original of such power of attorney or,with the consent of the Registrar, a copy thereofcertified by the Registrar shall be filed.

(3) Where any person who, if not under adisability, might have made any application, done anyact or been a party to any proceeding under this Act orunder any Regulations made hereunder is a minor, aperson of unsound mind or a person under any otherdisability, the guardian of such person, or if there is nosuch guardian, a person appointed under any law torepresent that person, may make any application, doany act and be party to any proceedings on behalf ofthat person, and shall generally represent that personfor the purposes of this Act.

(4) Before accepting any document executed bya guardian or a person so appointed to represent aperson under disability, the Registrar shall satisfyhimself that the person claiming to be the guardian is

Agents and personsunder disabilities

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entitled to execute the document or require theproduction of the appointment of the person soappointed, and shall file a note of the explanationwhich satisfied him or a copy of the appointment, asthe case may be.

46. A person under a disability who has beenregistered as proprietor of a land, lease or charge,acquired by him by way of gift may, within six monthsafter he ceases to be under a disability repudiate thegift if he has not already disposed of the subject matterthereof, but no such repudiation shall be effectiveuntil—

(a) he has transferred the land, lease or chargeto the donor who shall be bound to acceptit; and

(b) the transfer has been registered.

47. (1) Upon the application of the grantor or thegrantee of a power of attorney which contains anypower to dispose of any interest in land, such power ofattorney shall be entered in the register of powers ofattorney and the original, or with the consent of theRegistrar a copy thereof certified by the Registrar, shallbe filed in the file of powers of attorney.

(2) Every such power of attorney shall be in theprescribed form or such other form as the Registrarmay in any particular case approve and shall beexecuted and verified in accordance with section 41.

(3) The grantor of a power of attorney filed inaccordance with subsection (1) may at any time givenotice to the Registrar in the prescribed form that thepower has been revoked, and thereupon the revocationshall be entered in the register of powers of attorneyand noted upon the power of attorney, and the noticeshall be filed in the file of powers of attorney.

(4) Any interested person may give notice inwriting to the Registrar that a power of attorney which

Gift to persons underdisability

Power of Attorney

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has been registered under subsection (1) has beenrevoked by death, bankruptcy or disability of thegrantor or the death or disability of the granteeaccompanied by such evidence as the Registrar requires.

(5) Subsections (3) and (4) do not apply to apower of attorney given for valuable considerationduring any time which it is by virtue of the termsthereof, irrevocable.

(6) Where, after five years since the execution ofthe power of attorney or where for any other reason theRegistrar considers it desirable, he may requireevidence that the power has not been revoked, and mayrefuse to register any disposition by the grantee of thepower of attorney until satisfactory evidence of itssubsistence is produced.

48. (1) A power of attorney which has been enteredunder section 47 and of which no notice of revocationhas been entered under that section shall be deemed tobe subsisting as regards any person acquiring anyinterest in land affected by the exercise of the power,for valuable consideration and without notice ofrevocation and in good faith, or any person derivingtitle under such a person.

(2) Any person making any payment or doingany act in good faith in pursuance of a power ofattorney entered under section 47 shall not be liable inrespect of the payment or act by reason only that beforethe payment or act the grantor of the power of attorneyhad died or become subject to a disability or becomebankrupt, or had revoked the power, if the fact of death,disability, bankruptcy or revocation was not at the timeof the payment or act known to the person making ordoing the payment or act.

Effect of registeredpower of attorney

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49. Where one or more joint proprietor of any land,lease or charge dies, the Registrar, on proof to hissatisfaction of death, shall delete the name of thedeceased from the Register.

PART V

TRANSMISSIONS, LIQUIDATION AND TRUST

50. (1) Where a registered proprietor or a tenant incommon dies, his legal personal representative shall onapplication under subsection (2) be entitled to beregistered as proprietor in the place of the deceased.

(2) Where an application is made to theRegistrar by the legal personal representative with acopy of the grant, the Registrar shall enter the name ofsuch applicant in the register followed by the words:

“as executor of the will of..............................deceased”,or

“as administrator of the estate of........................deceased”.

(3) Upon production of a grant the Registrarmay without requiring the legal personalrepresentative to be registered, register bytransmission—

(a) any transfer by a legal personal represent-ative; or

(b) any surrender of a lease or discharge of acharge by a legal personal representative.

(4) In this section, “grant” means the grant ofprobate of the will or the grant of letters ofadministration of the estate of the deceased proprietor.

51. (1) The legal personal representative, subject toany restriction on his power of disposing of the land,lease or charge contained in his appointment, or theperson beneficially entitled on the death of the

Death of jointproprietor

Transmission ondeath of soleproprietor

Effect oftransmission ondeath

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deceased proprietor, as the case may be, shall hold theland, lease or charge subject to any liabilities, rights orinterests which are unregistered but are neverthelessenforceable and subject to which the deceasedproprietor held the same, but for the purpose of anydealing he shall be deemed to have been registered asproprietor thereof with all the rights conferred by thisAct on a proprietor who has acquired land, a lease or acharge, as the case may be, for valuable consideration.

(2) The registration of any person as aforesaidshall relate back to and take effect from the date of thedeath of the proprietor.

52. (1) A trustee in bankruptcy shall, uponproduction to the Registrar of a certified copy of theorder of Court adjudging a proprietor bankrupt, ordirecting that the estate of a deceased proprietor shallbe administered according to the law of bankruptcy, beregistered as proprietor of any land, lease or charge ofwhich the bankrupt or deceased proprietor isproprietor, in his place, and a copy of the order shall befiled in the Registry.

(2) A trustee in bankruptcy shall be described inthe Register as “trustee of the property of a bankrupt”.

(3) A trustee in bankruptcy shall hold any land,lease or charge of which he is registered as a proprietorsubject to any restrictions contained in any law relatingto bankruptcy or in any order of Court and subject toany liabilities, rights or interests which areunregistered but are nevertheless enforceable andsubject to which the bankrupt or the deceasedproprietor held the same, but for the purpose of anydealing with such land, lease or charge the trustee inbankruptcy shall have all the rights and be subject toall the limitations conferred or imposed by this or anyother written law on a proprietor who has acquiredland, a lease or a charge for valuable consideration.

Transmission onbankruptcy

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53. (1) Where a company which is the registeredowner of any land, or the holder of a lease or charge inrespect of such land is being wound up, the liquidatorshall produce to the Registrar either a resolution ororder of Court appointing him liquidator, and theRegistrar shall enter the particulars of his appointmentin the appropriate folder and shall file a copy of theresolution or order.

(2) An instrument executed by or on behalf of acompany in liquidation delivered for registration afterthe appointment of the liquidator has been enteredunder subsection (1) shall be sealed with the commonseal of the company and attested by the liquidator, or inthe case of a company not required by law to have acommon seal, shall be signed by the liquidator whosesignature shall be verified in accordance withsection 41.

54. Where the State or any person has becomeentitled to any land, lease or charge under any law orby virtue of any order or certificate of sale made orissued under any law, the Registrar shall, on theapplication of any interested person supported by suchevidence, as he may require, register the State or theperson entitled as the proprietor.

55. (1) A person acquiring land or a lease or chargein a fiduciary capacity may be described by thatcapacity in the instrument of acquisition and, if sodescribed, shall be registered with the addition of thewords “as trustee”, but the Registrar shall not enterparticulars of any trust in the Register.

(2) Any instrument which declares or is deemedto declare any trust, or certified copy thereof, may bedeposited with the Registrar for safe custody; but suchinstrument or copy shall not form part of the Registeror be deemed to be registered.

Transmission bycompulsoryacquisition orjudgment of court

Trusts

Liquidation

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(3) Where the proprietor of land, lease or chargeis a trustee, he shall, hold the same subject to anyunregistered liabilities, rights or interests to which it issubject by virtue of the instrument creating the trusts,but for the purpose of any registered dealing he shall bedeemed to be absolute proprietor thereof and no persondealing in good faith for valuable consideration shall bedeemed to have notice of the trust, nor shall any breachof the trust create any right to indemnity under thisAct.

56. Whenever two or more proprietors are registeredjointly as trustees, and the survivor of such trusteeswould not be entitled to exercise alone the powerswhich are vested in them, the Registrar shall enter arestriction to that effect.

57. (1) The Court may make a restraining order fora particular time, or until the occurrence of a particularevent or generally until further order restraining theregistration of any dealing with any land, lease orcharge.

(2) A copy of the restraining order under theseal of the Court with particulars of the land, lease orcharge affected thereby, shall be sent to the Registrar,who shall register it in the appropriate folio and norestraining order shall bind or affect the land, lease orcharge until it has been registered.

58. An instrument which is inconsistent with aregistered restraining order shall so long as therestraining order remains in effect not be registered.

59. The registration of a restraining order shall becancelled in the following cases and in no others:

(a) on the expiration of the time limited by therestraining order;

(b) on proof to the satisfaction of the Registrarof the occurrence of the event specified inthe restraining order;

Survivor of Trustees

Power of Court tomake restrainingorder

Effect of registrationof restraining order

Cancellation ofrestraining order

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(c) on the land, lease or charge being sold by achargee, unless such sale is itselfrestrained; or

(d) by order of the Court.

60. Every proprietor who has acquired land, lease orcharge by transfer without valuable consideration shallhold it subject to any unregistered rights or interestssubject to which the transferor held it and subject alsoto the provisions of any law relating to bankruptcy andto the winding-up provisions of the Companies Act, butexcept as aforesaid such transfer when registered shallin all respects have the same effect as a transfer forvaluable consideration.

PART VI

EFFECT OF REGISTRATION

61. Subject to section 60, the registration of anyperson as proprietor with absolute title to a parcel shallvest in that person the absolute ownership of thatparcel together with all rights and privileges belongingor appurtenant thereto, free from all other interestsand claims whatever, but subject—

(a) to the leases, charges and otherencumbrances and to the conditions andrestrictions, if any, shown in the Register;and

(b) unless the contrary is expressed in theRegister, to such liabilities, rights andinterests as affect the same and aredeclared by section 34 and not requiringnoting on the register: Provided that—

(i) nothing in this section shall betaken to relieve a proprietor fromany duty or obligation to whichhe is subject as a trustee; and

Voluntary transfer

Act No. 35 of 1995

Effect of registrationwith absolute title

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(ii) the registration of any person asthe proprietor under this Actshall not confer on him any rightto any minerals unless the sameare expressly referred to in thefolio.

62. Subject to section 34, the registration of anyperson as proprietor with a provisional title to a parcelshall not affect or prejudice the enforcement of anyestate, right or interest adverse to or in derogation ofthe title of that proprietor arising before such date orunder such instrument or in such manner as isspecified in the register of that parcel; but except asaforesaid, such registration shall have the same effectas the registration of a person with absolute title.

63. Subject to section 34, the registration of a personas proprietor of a lease shall vest in that person theleasehold interest described in the lease, together withall implied and expressed rights and privilegesbelonging or appurtenant thereto and subject to allimplied and expressed agreements, liabilities andincidents of the lease but if the title of the lessor is aprovisional title the enforcement of any estate, right orinterest affecting or in derogation of the right of thelessor to grant the lease shall not be prejudiced.

64. Every proprietor acquiring any land, lease orcharge shall be deemed to have notice of every entry inthe folio relating to the land, lease or charge.

PART VII

ASSURANCE FUND AND COMPENSATION

65. (1) There is hereby established for the purposesof this Act a fund to be known as the “Assurance Fund”.

Effect of registrationof a lease

Effect ofregistration withprovisional title

Entries to constitutenotice

Assurance Fund andcompensation

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(2) There shall be paid into the Assurance Fundsuch fees received by the Registrar as may beprescribed.

(3) The Assurance Fund shall be kept, managedand invested in such manner as the Minister of Financemay determine by Order subject to negative resolutionof Parliament.

(4) Where the Assurance Fund is insufficient tosatisfy any claims arising under this Act, the deficiencyshall be charged against the Consolidated Fund, butany such amount shall be repaid as soon as theAssurance Fund is sufficient to effect reimbursement.

66. (1) Subject to the provisions of this Part, and ofany written law relating to the limitation of actions anyperson who suffers loss or damage by reason of—

(a) any error, omission, mistake ormisfeasance by the Registrar or any staff ofthe Land Registry in execution of theirduties under this Act; or

(b) being barred from bringing an action forejectment,

may apply to the Tribunal for compensation and theTribunal having regard to all the circumstances of thecase may decide on the compensation to be paid andinform the claimant accordingly.

(2) Where the person who had suffered lossaccepts the decision of the Tribunal, the Registrar shallenter into an agreement with that person for thepayment of the compensation.

(3) Where an agreement is entered into undersubsection (2), the Registrar shall issue a certificate tothe Comptroller of Accounts certifying that the personis entitled to compensation, expenses and interest asset forth in the agreement.

Claims forcompensation

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(4) On production of such certificate, theapplicant shall be entitled to payment of the amountcertified from the Assurance Fund.

(5) Where the defendant in any action isentitled to claim indemnity against the AssuranceFund, the Registrar shall be joined as a co-defendant.

(6) In no case is the Assurance Fund liable tothe principal defendant for any greater damages thanare actually awarded against him in the action.

(7) A person aggrieved by the decision of theTribunal under subsection (1) may appeal to the Courtof Appeal.

67. (1) Any person deprived of land by reason of thecircumstances referred to in section 66(1) may bring anaction for damages against—

(a) the person on whose application the landwas registered by fraud, misdescription orerror or who acquired title through suchfraud, error or misdescription; or

(b) the transferor, where the fraud, error ormisdescription occurred on a transfer forvalue.

(2) Where the person against whom an actionfor damages may be brought under subsection (1)—

(a) ceases to be liable;(b) is dead;(c) becomes bankrupt or insolvent;(d) has a writ of execution returned nulla bona

by the Marshal of the Supreme Court inrespect of damages and costs awardedunder subsection (1); or

(e) cannot be found within the jurisdiction,

the action may be brought against the Registrar asnominal defendant and any damages or costs awardedshall be paid from the Assurance Fund.

Persons deprived ofland may bringaction for damages

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68. Where any damages or costs have been so paidin accordance with section 66 the amount paid out maybe recovered—

(a) from the estate of the person primarilyliable by action against his legal personalrepresentatives;

(b) through bankruptcy proceedings; or(c) by way of judgment against such person for

any amount so paid out together with costs.

69. An action or claim for compensation under theAssurance Fund is not maintainable if the personlodging any claim had actual knowledge of anycompeting interest in the land concerned and had failedto lodge a caveat to protect his interest.

70. Notwithstanding any written law with regard tolimitation of actions the period of limitation for anaction for damages under this Part is six years.

71. (1) The Assurance Fund is not liable forcompensation for any loss, damage or deprivation ofland occasioned by—

(a) the breach of any trust, express, implied orconstructive by a registered proprietor; or

(b) inclusion of the same portion of the land intwo or more certificates of title throughmisdescription of land parcels.

(2) Subsection (1)(b) does not apply where anyperson liable to pay compensation for the loss—

(a) is dead;(b) has absconded;(c) has become bankrupt; or(d) is certified under section 67(2)(d) by the

Marshal of the Supreme Court as unable topay any compensation or damages awardedagainst him.

Recovery of damagesand costs paid

Action for damagesto be brought withinsix years

Failure to lodgecaveat deprives rightto claim damages

Assurance Fund notliable in certaincircumstances to paycompensation

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72. The Registrar or any officer or employee of theLand Registry is not personally liable in any action orproceeding in respect of any act done or omitted to bedone in good faith under this Act.

73. Any person may, on making an application in theprescribed form and on paying the prescribed fee—

(a) inspect any folio or any sheet of the parcelindex map or any instrument or plan filedduring such hours as may be prescribed;

(b) be entitled to a certified copy of any folio orpart of the parcel index map or any plan orinstrument filed in the Registry; or

(c) require an official search in respect of anyparcel and the Registrar shall issue acertificate of official search setting forthparticulars of the subsisting entries in thefolio for the parcel.

PART VIII

MISCELLANEOUS

74. (1) Any person who—(a) claims any unregistrable interest in land,

lease or charge;

(b) is entitled to a licence;

(c) has presented a bankruptcy petitionagainst the proprietor of any registeredland, lease or charge;

(d) is a judgement creditor; or

(e) has obtained a lis pendens,

may lodge a caveat with the Registrar forbidding theregistration of disposition of the land, lease or chargeconcerned and the making of entries affecting thesame.

No personal liabilityfor act done in goodfaith

Inspection searchesand copies

Lodging of caveats

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(2) A caveat may either—(a) forbid the registration of dispositions and

the making of entries altogether; or(b) forbid the registration of dispositions and

the making of entries to the extent thereinexpressed.

(3) A caveat shall be in the prescribed form andshall state the interest claimed by the caveator and theRegistrar may require the caveator to support it by astatutory declaration.

(4) The Registrar may refuse to register acaveat which he considers unnecessary or whosepurpose he considers can be affected by the registrationof an instrument under this Act.

(5) Subject to the provisions of this section, thecaveat shall be registered in the appropriate folio.

75. (1) The Registrar shall give notice in writing ofa caveat to the proprietor whose land, lease or charge isaffected by it.

(2) So long as a caveat remains registered, nodisposition which is inconsistent with it shall beregistered except with the consent of the caveator or byorder of the Court or Tribunal.

76. (1) A caveat may be withdrawn by the caveatoror removed by order of the Court or Tribunal or subjectto subsection (2), by order of the Registrar.

(2) The Registrar may—(a) on the application of any person interested,

serve notice on the caveator warning himthat his caveat will be removed at theexpiration of the time stated in the notice;

(b) remove the caveat if at the expiration ofthe time stated the caveator has notobjected; or

Notice and effect ofcaveat

Withdrawal andremoval of caveat

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(c) where the caveator objects to the removalof the caveat, he shall notify the Registrarin writing of his objection within the timespecified in the notice, and the Registrar,after giving the parties an opportunity ofbeing heard, shall make such order as hethinks fit, and may in the order makeprovision for the payment of costs.

(3) On the withdrawal or removal of a caveat,its registration shall be cancelled but any liability ofthe caveat previously incurred under section 78 shallnot be affected by the cancellation.

77. The Registrar may refuse to accept a furthercaveat by the same person or anyone on his behalf inrelation to the same matter as a previous caveat.

78. Any person who lodges or maintains a caveatwrongfully and without reasonable cause shall be liablein an action for damages at the suit of any person whothereby sustains damages.

79. Where a trust or unregistered interest is notprotected by caveat, a person dealing with theregistered proprietor in good faith is not affected by anytrust or interest.

80. (1) A certified copy of a folio or any instrument,map, plan or other document filed in the Land Registryshall be admissible in evidence in all actions andmatters between all persons or parties to the sameextent as the original, and a signature on any suchcertified copy purporting to be the signature of theRegistrar shall be presumed to be the signature of theRegistrar unless the contrary is proved.

(2) No process for compelling the production ofany folio, or any instrument, map, plan or other

Second caveat inrespect of samematter

Wrongful caveat

Certified copiesadmissible inevidence

Effect of caveat

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document filed in the Land Registry shall issue fromany Court except with the leave of the Court, whichleave shall not be granted where a certified copy wouldsuffice, and any such process, where issued, shall statethat it is issued with the leave of the Court.

81. Any person who—(a) fraudulently procures, assist in such

procurement, is privy to any destruction,alteration, or attempt at destruction oralteration of any record, instrument ordocument lawfully recorded in the LandRegistry;

(b) fraudulently uses, assist in, or is privy tosuch use of any form purporting to beissued by the Land Registry,

is guilty of an offence and is liable on summaryconviction to a fine of twenty thousand dollars and toimprisonment for two years and on conviction onindictment is liable to a fine of one hundred thousanddollars and to imprisonment for five years.

82. (1) The Minister may make Regulationsgenerally to give effect to the purposes and provisionsof this Act and in particular and without prejudice tothe generality of the foregoing, for prescribing theforms to be used and the fees payable for anything to bedone under this Act and for prescribing anything whichunder this Act may be prescribed.

(2) Regulations made under this section shall besubject to negative resolution of Parliament.

83. Nothing in this Act shall affect the rights,liabilities and remedies of the parties under anymortgage, charge, memorandum of equitable mortgage,memorandum of charge by deposit of title or lease of

Offences

Savings

Regulations

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the lands which, immediately before bringing suchlands under this Act, was registered under theRegistration of Deeds Act or the Real PropertyOrdinance, and—

(a) such rights, liabilities and remedies shallbe exercisable and enforceable inaccordance with the law which wasapplicable thereto immediately before thefirst registration of the land under this Act;and

(b) any such mortgage, charge, memorandumof equitable mortgage or memorandum ofcharge by deposit of title may bedischarged by the execution of a dischargein the form prescribed under the Act underwhich such mortgage, charge ormemorandum was first registered.

84. The Land Registration Act, 1981 is herebyrepealed.

Passed in the House of Representatives this 15th dayof November, 1999.

J. SAMPSON-JACENTClerk of the House

Passed in the Senate this 4th day of April, 2000.

N. COXClerk of the Senate

Senate amendments agreed to by the House ofRepresentatives this 4th day of May, 2000.

J. SAMPSON-JACENTClerk of the House

Repeal of Act No 24 of 1981

PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2000

292 No. 16 Registration of Titles to Land 2000