Conveyancing

This refers to the method in which legal title is transferred from one person to another. The effect is that it extinguishes the rights and interests of one party and simultaneously creates new rights and interests for another party in the property, usually land. It includes investigating titles to property and advising on the rights and obligations to said property inclusive of any existing encumbrances that may run with the land.

Certain steps must take place before title is conveyed to an intending purchaser. The investigations as to title must take place before any contract for sale can be drafted to give certainty as to weather the title can be transferred, and the extent of the title being transferred. A contract is then drafted with specific terms including a precise descriptions of the property to be conveyed and any rights and obligations attached thereto.

In Trinidad and Tobago, there is a dual system of land titles. The former is the title of unregistered land under the Common Law, the latter is governed by the Conveyancing of Law and Property Act, Chap. 56:01 which deals with the registered land.

  • Unregistered Land – a person is required to search for the “root of title” which usually puts them in a great deal of expense. The title is to be found in the title deeds and hence, it requires a search going back 20 to 30 years to discover the root of title.
  • Registered Land – where a purchaser seeks to acquire title of registered land, they need not undergo any investigation as to the root of title. Registered title guarantees by the State that the registered proprietor is the true owner of the land. Hence, it simplifies the process of conveyancing and saves the intending purchaser any additional expenses.

Property can be conveyed for monetary consideration in which case a Deed of Conveyancing is drafted, or it can be gifted in consideration for the natural love and affection, in which case a Deed of Gift is prepared. In instances, where a grant of probate or letters of administration has been obtained in relation to property, a Deed of Assent transferring the property from the Executor to the Beneficiary ought to be prepared.

All Deeds must be prepared by an Attorney-at-Law. Further, beside attorney fees which are governed by the Legal Profession Act of Trinidad and Tobago, there are registration fees associated with the registration of the deed and in some case, stamp duty fees.