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Advice - RPO Lands

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Rockram
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Advice - RPO Lands

Postby Rockram » April 5th, 2019, 6:56 pm

I Want to transfer Land "under RPO law" to a relative, how does one go about this as it is not sale, also was wondering if subdivision of lands on these types of deeds are possible?

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Re: Advice - RPO Lands

Postby The_Honourable » April 5th, 2019, 7:26 pm

Not a problem once 1. you are the owner identified in the Certificate of Title (CT), and 2. You have the original CT in your possession.

You go to a lawyer who will create an agreement under RPO law titled (stand to be corrected) a Memorandum of Transfer. Once the parties sign, the document together with the original CT will be registered at the RPO (now RPA) section of the Registrar General Department, Port of Spain. A sum determined by the attorney on the property will be paid to the land assurance fund (a compensation fund and similar to stamp duty). Once no queries are identified, an endorsement under the memo identified in the document will be made behind the CT stating the new owner. Process usually takes three months for the endorsement to be successful at the RPO/RPA office.

Subdivision is not a problem. A new CT will be generated once the subdivision is successful and sold. The parent CT will just show as an endorsement that part of the lands was sold to the new owner under CT number Volume 123 Folio 456 etc.

I'm not an attorney but i'm familiar with RPO docs as i have in my possession. You need to go to an attorney to clarify and confirm.

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Re: Advice - RPO Lands

Postby Rockram » April 5th, 2019, 9:38 pm

The_Honourable wrote:Not a problem once 1. you are the owner identified in the Certificate of Title (CT), and 2. You have the original CT in your possession.

You go to a lawyer who will create an agreement under RPO law titled (stand to be corrected) a Memorandum of Transfer. Once the parties sign, the document together with the original CT will be registered at the RPO (now RPA) section of the Registrar General Department, Port of Spain. A sum determined by the attorney on the property will be paid to the land assurance fund (a compensation fund and similar to stamp duty). Once no queries are identified, an endorsement under the memo identified in the document will be made behind the CT stating the new owner. Process usually takes three months for the endorsement to be successful at the RPO/RPA office.

Subdivision is not a problem. A new CT will be generated once the subdivision is successful and sold. The parent CT will just show as an endorsement that part of the lands was sold to the new owner under CT number Volume 123 Folio 456 etc.

I'm not an attorney but i'm familiar with RPO docs as i have in my possession. You need to go to an attorney to clarify and confirm.


Thanks, appreciate the info....any idea the ballpark cost, assuming property last valuated $475,000

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Re: Advice - RPO Lands

Postby ProtonPowder » April 6th, 2019, 12:32 am

According to general estimates, conveyance costs under new law are ~0.8% of the market value of the parcel.

It will need a fresh valuation, which is an additional cost of 0.25-0.33% of the market value, as well as stamp duty, applicable if residential land alone >450k, or house and land >850k.

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Re: Advice - RPO Lands

Postby shake d livin wake d dead » April 6th, 2019, 2:32 pm

ProtonPowder wrote:According to general estimates, conveyance costs under new law are ~0.8% of the market value of the parcel.

It will need a fresh valuation, which is an additional cost of 0.25-0.33% of the market value, as well as stamp duty, applicable if residential land alone >450k, or house and land >850k.


Stamp duty takes effect when cost of land is 500k or more

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Re: Advice - RPO Lands

Postby ProtonPowder » April 6th, 2019, 5:52 pm

shake d livin wake d dead wrote:
ProtonPowder wrote:According to general estimates, conveyance costs under new law are ~0.8% of the market value of the parcel.

It will need a fresh valuation, which is an additional cost of 0.25-0.33% of the market value, as well as stamp duty, applicable if residential land alone >450k, or house and land >850k.


Stamp duty takes effect when cost of land is 500k or more

https://rgd.legalaffairs.gov.tt/laws2/A ... /76.01.pdf
Last section on page 53

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Re: Advice - RPO Lands

Postby Ghisyawan » April 16th, 2021, 8:46 am

The original Certificate of Title (CT) is held at the land registery. What you should have is a Duplicate CT. I know this because my father took me to court for the “Original CT” because he wanted to transfer his share to other persons and his Attorney had to withdraw the matter after my Attorney mashed him up in court.

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Re: Advice - RPO Lands

Postby Ghisyawan » April 16th, 2021, 8:50 am

Can anyone advise on the following: I have a parcel of RPO land that is on my name as well as my father’s name as JOINT TENANTS. He executed a Memorandum of Transfer but was unable to have the MOT registered since he died. Can this be considered as remaking the tenancy and can the MOT still be executed?

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Re: Advice - RPO Lands

Postby ProtonPowder » April 16th, 2021, 5:26 pm

talk to a conveyancing attorney

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Re: Advice - RPO Lands

Postby The_Honourable » April 18th, 2021, 6:47 pm

Ghisyawan wrote:Can anyone advise on the following: I have a parcel of RPO land that is on my name as well as my father’s name as JOINT TENANTS. He executed a Memorandum of Transfer but was unable to have the MOT registered since he died. Can this be considered as remaking the tenancy and can the MOT still be executed?


Stand to be corrected but your father cannot sever a Joint Tenancy unless the other party (you) is informed. Joint tenancy means that the co-owners collectively own the property as one. Your case has peaked my interest as you cannot execute a MoT unless the joint tenancy was already severed. Usually the severing is done mutually or by the court which is then legally endorsed on the Certificate of Title (CT). If he did go through the court, the court usually severs the joint tenancy and partitions the land in equal shares (in your case, 1/2 and 1/2) so that you and your father would now have separate titles.

Since your father passed away and you are the remaining survivor under the Joint Tenant arrangement, the land is yours. I suggest that you speak to a conveyancing attorney to be certain and do the necessary title searches to make sure no new endorsements were done on the CT at the Ministry of Legal Affairs.

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Re: Advice - RPO Lands

Postby Ghisyawan » April 22nd, 2021, 11:24 pm

Thanks for the info

His intention was to transfer his 50% share to someone else. Does the preparation of the MOT confirms that he has severed the tenancy ?. There is no court order and the land is 6,000 sq. Feet. I can confirm that there are no new endorsements on the CT

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Re: Advice - RPO Lands

Postby ProtonPowder » April 22nd, 2021, 11:37 pm

At the very least, all parties listed on a CT must give their consent for the instrument to be sent and subsequently retrieved from RG. The government does not take RPO lightly.

A fresh endorsement of death has to be done before anything else can be done. An unexecuted MoT is just like an unexecuted common law deed, it doesnt mean anything if RG doesnt accept it.

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Re: Advice - RPO Lands

Postby The_Honourable » April 23rd, 2021, 12:29 am

Ghisyawan wrote:Thanks for the info

His intention was to transfer his 50% share to someone else. Does the preparation of the MOT confirms that he has severed the tenancy ?. There is no court order and the land is 6,000 sq. Feet. I can confirm that there are no new endorsements on the CT


Proton is correct.

He can prepare the MoT but the actual severing didn't take place which needs to be done first. If it did, you would have known for sure and the endorsement made on the CT. The endorsement of the death on the CT is usually stated along the lines of "John Doe is now registered of X share of the lands herein by virtue of death of *Jane Doe* on the *date of death* and registered on Vol 123 Folio 456. It's then signed off by the Registrar General.

A possibility is that the MoT could also be part of an application to the court to not just sever the tenancy but also transfer the 1/2 share to the other person by court order. The applicant so happen to pass away before the application was filed.

More than likely the reason why he prepared the MoT is that in the event of his death, the person who was suppose to get the 50% share can go to court and attempt to get it by showing intent of the deceased. The person can argue to the court that the father wanted to mutually break the joint tenancy but you didn't want to do it, and because of health and financial reasons for example he was unable to legally execute on his wishes. The burden of proof is on the person to prove such which is very high and the court would not overturn an established operation of land law such as Joint Tenancy just so.

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Re: Advice - RPO Lands

Postby Ghisyawan » April 24th, 2021, 5:06 pm

Thanks, I will follow up with a Conveyancing Attorney

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Reclaiming Open Space

Postby Ghisyawan » June 14th, 2021, 1:48 pm

I live in a Development. This development started more that 35 years ago and was done in 3 phases. The owner of the land at that time gave up 9,000 sq.M as open space to be used for building a nursery school, a community and a play field. The original owner has since died. The open area remained undeveloped and recently the children and grandchildren of the deceased decided to reclaim the open space and attempted to fence the area on Easter weekend of 2021.This was resisted by the residents who took down the fence and guide wires. The children has since filed a matter in the high court against one of the residents for trespass and damages.This resident planted fruit trees and was maintaining the space directly behind his house since he purchased his property about 25 years ago. There are other residents who have done the same but were not served and letter. Can these people legally claim the open space since that is a requirement under Town and Country Regulations? . 87 households has since signed a petition asking to partner with the Regional Corporation in order to develop the green space.
Looking forward to your advise and suggestions.

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