act no. 17 of 2020

BILLAN ACT to amend the Registrar General Act,

Chap. 19:03, the Registration of Deeds Act, Chap. 19:06, the Conveyancing and Law of PropertyAct, Chap. 56:01, the Real Property Act, Chap. 56:02, the Stamp Duty Act, Chap. 76:01 andthe Registration of Title to Land Act, 2000

[Assented to 25th June, 2020]

ENACTED by the Parliament of Trinidad and Tobago asfollows:

Enactment

Fifth Session Eleventh Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 17 of 2020

[L.S.]

1. This Act may be cited as the MiscellaneousProvisions (Registrar General, Registration of Deeds,Conveyancing and Law of Property, Real Property,Stamp Duty and Registration of Title to Land) Act,2020.

2. This Act shall come into operation on such date asis fixed by the President by Proclamation.

3. The Registrar General Act is amended–—(a) in section 4—

(i) in subsection (1)—(A) by deleting the word “four”

and substituting the word“eight”;

(B) in paragraph (c), by deletingthe words “; and” andsubstituting the words “;”;

(C) in paragraph (d), by deletingthe word “.” and substitutingthe words “;”; and

(D) by inserting afterparagraph (d), the followingnew paragraphs:

“(e) contracts oragreements forsale or Deeds ofAgreement forthe sale or otherdispositions ofland under theRegistration ofDeeds Act or theReal PropertyAct;”;

(f) beneficial owners;and

Short title

Commencement

Chap. 19:03 amended

Chap. 19:06

Chap. 56:02

2 No. 17 Miscellaneous Provisions (Registrar General, Registration 2020of Deeds, Conveyancing and Law of Property, Real Property, Stamp Duty and Registration of Title to Land)

(g) registrable documentsexecuted but notregistered.”;

(ii) by inserting after subsection (1),the following new subsections:

“ (1A) The Registrar Generalshall, in addition to the indexesunder subsection (1), keep aseparate index for allinstruments of trustsregistered under theRegistration of Deeds Actwhich shall not be open to thepublic and which may only beaccessed by—

(a) the Director of theF i n a n c i a lIntelligence Unit ofTrinidad and Tobago(hereinafter referredto as the “FIU”)solely for the purposeof enabling the FIUto do its analysisunder the FinancialIntelligence Unit ofTrinidad and TobagoAct;

(b) a member of thepolice service of the rank ofSuperintendent orabove attached tothe Division or Unit of the police service responsiblefor financial investi-gation or fraud,solely for the purpose of—

Chap. 75:01

No. 17 Miscellaneous Provisions (Registrar General, Registration 2020 3of Deeds, Conveyancing and Law of Property, RealProperty, Stamp Duty and Registration of Title to Land)

(i) invest i -g a t i n gwhetheran offencehas beencommittedu n d e rany writtenlaw;

(ii) the lay-ing ofinforma-tion; or

(iii) the prefer-ring of ani n d i c t -ment,

where such informa-tion can reasonablybe regarded asbeing necessary forthe purpose ofascertaining thecircumstances inwhich an offenceunder any writtenlaw may have beencommitted, or theidentity of theperson who mayhave committed anoffence;

(c) the Chairman of theBoard of InlandRevenue; and

(d) order of a court.”; (iii) in subsection (2)—

(A) in paragraph (e), bydeleting the word “.” andsubstituting the word “;”;and


(B) by inserting after para-graph (e) the followingnew paragraph:

“ (f) every contract forsale of land to beentered in theindex of contractsfor sale of landunder the letter of the alphabet correspondingwith the initialletter of thesurname of eachperson named as aparty to suchcontract, with thegiven names andthe surnames atfull length of allpersons namedas parties to thecontract for sale ofland;

(g) every beneficialowner to beentered in theindex of beneficiariesunder the letterof the alphabetcorrespondingwith the initialletter of the surname of eachperson named,with the givennames and surnames at fulllength of the beneficiaries;


(h) every registrabledocument executedbut not registeredto be entered inthe index of regis-trable documentexecuted but notregistered underthe letter of thealphabet corre-sponding with theinitial letter of thesurname of eachperson named asa party to suchregistrable documentexecuted but notregistered, withthe given namesand the surnamesat full length of all persons named asparties to the registrable documentexecuted but notregistered; and

(i) every instrumentof trust registeredwith him to beentered in theindex of Trustsunder the letter of the alphabet correspondingwith the initial let-ter of the surnameof the trustees,together with thegiven names and surname at fulllength of every such person.”;


(iv) by inserting after subsection (5)the following new subsection:

“ (6) For the purposes ofthis section—

““beneficial owner”has the meaningassigned to itby section 337Aof the CompaniesAct; and

“trust” means alegal relation-ship createdinter vivos by a person, thesettlor, where-in land hasbeen placedunder the controlof a trustee forthe benefit of abeneficiary orfor a specifiedpurpose and—

(a) the landis not apart ofthe bene-f i c i a lestate ofthe trustee;

(b) the legaltitle tothe landstands inthe nameof thet r u s t e eor in the


name ofanotherp e r s o non behalfof thetrustee;and

(c) t h et r u s t e ehas thep o w e rand theduty, inr e s p e c tof whichhe isaccount-able, tomanage,e m p l o yor dis-pose ofthe landin accor-d a n c ewith theterms ofthe trustand thes p e c i a ld u t i e simposedon himby law,

and includesany transfer ofproperty previouslysubject to atrust.”;


(b) in sections 5 and 6, by deleting the word“All” wherever it occurs and substitutingthe words “Subject to section 4(1A), all”;

(c) in section 7, by—(i) renumbering section 7 as section7(1); and

(ii) inserting after subsection (1),as renumbered, the followingsubsection:

“(2) The Minister may, byOrder subject to negativeresolution of Parliament,amend the Schedule.”; and

(d) in Part A of the Schedule, by inserting afterparagraph (j), the following paragraphs:“ (k) for the registration $100.00;

of a contract for thesale of land

(l) for late registration $200.00;of a contract for the sale of land

(m) for late registration $200.00;of a notice ofexecution of a registrable document

(n) for late registration $200.00;of a registrabledocument for the sale of land

(o) for the variation or $100.00termination of acontract for the saleof land

(p) for notice of execution $100.00;of a registrabledocument for the saleof land

(q) for applications $100.00.”.


4. The Registration of Deeds Act is amended—(a) by inserting before section 1, the followingheading:

“PART I

PRELIMINARY”(b) in section 2—

(i) by inserting in the appropriatealphabetical sequence, thefollowing definitions:

“authorized clerk” means a person who is autho-rized in writing by anAttorney-at-law, inrespect of a specifictransaction in theform set out as FormC in the Schedule;

“interest in land” meansthe lawful right asowner of land to holdthe legal title to theland;

“Minister” means theMinister with respon-sibility for legalaffairs;”

“mortgage” includes anycharge on any propertyfor securing money ormoney’s worth; and

“public body” means anydepartment or divi-sion of—

Chap. 19:06 amended


(a) a Ministry;(b) the TobagoHouse ofA s s e m b l y ,established bysection 141Aof the Constitu-tion;

(c) a MunicipalCorporat ione s t a b l i s h edunder theM u n i c i p a lCorporationsAct;

(d) a RegionalH e a l t hA u t h o r i t ye s t a b l i s h edunder theR e g i o n a lH e a l t hAu tho r i t i e sAct;

(e) a statutorybody, respon-sibility forwhich isassigned to aMinister ofGovernment;

(f) a State-c o n t r o l l e denterprise;

(g) a ServiceCommiss ione s t a b l i s h ed

Chap. 29:05

Chap. 25:04


under theConstitutionor other writtenlaw;

(h) the Parlia-ment;

(i) the Judiciary; or(j) the Office of the Presi-dent;

(ii) in the definition of “qualifiedfunctionary”, by deleting thewords “, a conveyancer”; and

(iii) by inserting after subsection (2),the following new subsection:

“ (2A) For the purposes ofParts IV and V—

“registrable document”means a writteninstrument to create,transfer or conveyany interest inland and includesevery—

(a) conveyanceof landrequiredto be byDeed andr e g i s -t e r e du n d e rsection 10of theConvey-a n c i n g


and Lawof PropertyAct;

(b) instrumentto be reg-i s t e r e du n d e rthe RealPropertyAct;

(c) Deed ofassent;

(d) Deed ofgift ors e t t l e -ment; or

(e) i n s t r u -ment oftrust,

but does notinclude—

(f) a con-tract ora g r e e -ment forthe saleor otherdisposi -tion ofl a n dincludinga Deed ofA g r e e -ment forsale; or

Chap. 56:01

Chap. 56:02


(g) s u c ho t h e rd o c u -m e n t as theMinistermay byO r d e rp r e -scribe.”;

(c) by inserting before the heading “EXECUTIONAND REGISTRATION OF DEEDS”, thewords, “PART II”;

(d) by renumbering section 3 as section 3(1)and inserting after section 3(1), as renumbered, the following new subsection:

“(2) Every registrable document executed inTrinidad and Tobago orelsewhere shall in additionto all other requirements ofthis Act, be registeredunder this Act in order to bevalid and effectual in lawfor all purposes, includingthe creation, transfer or conveyance of land.

(3) The provision of section 32A of theConveyancing and Law ofProperty Act shall continueto apply.”;

(e) in section 5A, by deleting the word“Ordinance” and substituting the word“Act”;


(f) by inserting after section 5A, the followingsections:

5B. (1) Every Deed required orintended to be registered shall beexecuted and attested as follows:

(a) a Deed that is executedin Trinidad and Tobagoshall be executed inthe presence of atleast one witness notbeing a party theretoand of a qualifiedfunctionary, and the signing and deliverythereof shall be attestedby one such witness at least subscribinghis name with theaddition of his place ofabode or business andhis profession, occupa-tion, or condition inlife and by the qualifiedfunctionary subscribinghis name with theaddition of his qualifica-tion;

(b) a Deed that is executedout of Trinidad andTobago shall be executedin the presence of atleast one witness notbeing a party theretoand a person referredto in section 10(1)(b),and the signing anddelivery thereof shallbe attested by onesuch witness at least

“Mode ofexecution


subscribing his namewith the addition ofhis place of abode or business and his profession, occupationor condition in life andby the person referred to in section 10(1)(b),subscribing his namewith the addition ofhis qualification; and

(c) a Deed that is executedby a company or corporation shall beexecuted and attestedin a manner prescribedby written law or thecommon law.

(2) A qualified functionaryshall not subscribe a Deed underthis section unless it bears thesignature of some Attorney-at-lawas having prepared the Deed.5C. In all cases in which anyDeed referred to in section 5B isexecuted outside of Trinidad andTobago, the affidavit or solemndeclaration of the witness provingsuch execution shall be made andthe making of the same may becertified in the like manneras that prescribed for Deedsexecuted out of Trinidad andTobago by section 10.5D. (1) The signing in relation to aDeed includes signing by use offoreign characters or by the making of a mark.

Execution ofinstrument bymarksman

Attestation ofDeeds out ofTrinidad andTobago


(2) The Registrar Generalmay refuse to register any Deedexecuted by a person signing hisname in foreign characters, or bymaking his mark, unless the samebears upon it a certificate by aqualified functionary or a dulylicensed interpreter, that he hasexplained or caused to beexplained the true purport of suchDeed to such person so signing asaforesaid, and that he is satisfiedthat the person understands thesame.”;

(g) by repealing sections 7 and 8 andsubstituting the following section:

7. A Deed that is executed andattested in accordance with section 5B and 5C may be registered under this Act.”;

(h) in section 13A—(i) by renumbering section 13A assection 13A(1); and

(ii) in section 13A(1), as renum-bered, by—

(A) by inserting after thewords “Attorney-at-law”, the words “or theprevious client referredto in section 15F(6)”;

(B) deleting paragraph (g)and substituting thefollowing paragraphs:“ (g) information

on the autho-rised clerk;and

“Registrationof Deed executed inaccordancewith section 5Band 5C


(h) such otherparticulars asthe Ministermay, by Order,prescribe.”;

(iii) inserting after section 13A(1), asrenumbered, the following newsubsection:“(2) The Registrar General

shall cause the information contained in the cover sheetreferred to in subsection (1), to beplaced in the relevant index, butthe cover sheet shall not be opento the public.”;

(i) by inserting after section 15, the followingParts:

“PART III

CONTRACT FOR THE SALE OROTHER DISPOSITION OF LAND

15A. (1) Notwithstanding anyother law, every contract for sale orother disposition of land shall––

(a) be prepared by anAttorney-at-law;

(b) be in writing;(c) include all the terms ofthe contract expresslyagreed upon by the parties for sale orother disposition ofland in one documentor where contractsare exchanged, ineach document;

Form andcontent ofcontract forsale or otherdisposition ofland to beregistered


(d) be signed by eachparty to the contractfor sale or other disposition of landor his duly authorizedagent;

(e) executed and signedin the presence of atleast one witnessnot being a partythereto;

(f) include a preparationcertificate signed bythe Attorney-at-lawwho prepared thecontract for sale orother disposition of land; and

(g) contain a—(i) record of thedate of theexecution ofthe contractfor sale or other disposi-tion of land; or

(ii) a provisionsetting out theagreed dateand time forc o mm e n c e -ment.

(2) Subsection (1) shallalso apply to an assignment of a contract for sale or other disposition of land and sub-contracts under a contract for saleor other disposition of land.


(3) A contract or agree-ment for the sale or other disposi-tion of land may be done by way ofDeed of Agreement.15B. (1) Subject to subsection (4),

every contract or agreement forthe sale or other disposition ofland shall be registered by theAttorney-at-law who prepared itor his authorized clerk, withinthirty days of full execution of thecontract or agreement for sale orother disposition of land.

(2) Where a contract oragreement for the sale or otherdisposition of land are exchangedor executed in counterpart, onedocument complying with all the requirements of 15A(1) andreflecting the contents of theexchanged contract or agreement,shall be registered within thirtydays of full execution or, as applicable, within thirty daysfrom the effective date of the contract.

(3) A contract or agree-ment for the sale or other disposition of land shall not be registered unless it isaccompanied by—

(a) a duly completedcover sheet as set out in sub-section (4); and

(b) the relevant fee specified in theSchedule to theRegistrar GeneralAct.

Registrationof contract oragreementfor the sale or other disposition of land


(4) The cover sheetrequired under subsection (3)shall be in the form set out asForm C in the Schedule and contain the following information:

(a) the name of theAttorney and hisadmission number;

(b) names of parties to the contract or agreement;

(c) date of execution or effective date;

(d) number of pages;(e) reference to the previous vendor’stitle Deed or instru-ment;

(g) information on the authorized clerk;and

(f) such other particularsas the Minister mayby Order prescribe.

(5) Where a contract oragreement for the sale or otherdisposition of land is not registered within the period specified under subsection (1), anyparty to the contract for sale orother disposition of land or thelegal personal representative ofthe party or a duly authorizedattorney operating under a registered Power of Attorney, mayapply to the Registrar General forthe late registration of the contract or agreement for sale orother disposition of land.


(6) An application undersubsection (5), shall be in the formset out as Form D in the Schedule,include reasons for the delay andbe accompanied by the fee specified in the Schedule to theRegistrar General Act.

(7) The Registrar Generalshall refuse to register a contractor agreement for sale or other disposition of land where the contract or agreement for sale orother disposition of land does not meet the requirements of section 15A(1).

(8) This section does notapply to—

(a) the transfer of landsby gift or assent;

(b) a grant of a lease for a term under threeyears;

(c) any conveyance orother disposition ofland by a publicbody;

(d) a mortgage;(e) a deed of release;(f) a deed of rectification;(g) a deed of confirmation;(h) a deed of substitution;(i) a deed of surrender;(j) a deed of exchange;(k) a transfer of mortgage;


(l) a mortgage debenture;(m) a deed of partition;(n) a deed of assurance;(o) a deed of amalga-mation;

(p) a lease;(q) a Deed of agreementfor the sale of land;

(r) a family arrangementin relation to land;

(s) a sale or other disposi-tion of land by amortgagee for amortgage issued by—(i) a FinancialIns t i tu t i onl i c e n s e dunder theF i n a n c i a lInstitutionsAct;

(ii) the HomeM o r t g a g eBank;

(iii) the Trinidadand TobagoM o r t g a g eF i n a n c eCompany;

(iv) a credit unionr e g i s t e r e dunder theCooperativesSocieties Act;or


(v) the Trinidadand TobagoH o u s i n gDevelopmentCorporation;

(t) a trustee;(u) a sale or other disposi-tion of land by amortgagee who is apublic body;

(v) a sale or other disposition by a receiver or liquidator;

(w) a deed under CourtOrder or pursuant to an Order in matrimonial matters;and

(x) such other docu-ments as theMinister may byOrder prescribe.

(9) Notwithstanding sub-section (8)(p), where the rent orpremium contained in a leaseamounts to a purchase price, acontract or agreement for the saleis required for registration.15C. (1) Where a registeredcontract or agreement for the saleor other disposition of land is varied, including date of completion, or terminated and allthe parties to the contract oragreement for sale or other disposition of land agree to thevariation or termination, eitherparty or their Attorneys-at-law

Notice ofvariation orterminationof contract oragreement forsale or otherdisposition ofland


shall file with the RegistrarGeneral a notice, in the form setout as Form E1 in the Schedule, of the variation or terminationwithin thirty days of the variationor termination.

(2) If the parties to thesale or other disposition of land do not agree to the mutual termination of the registered contract or agreement for the saleor other disposition of land, theparty or his Attorney-at-law purporting to terminate the contract and wishing to record the purported termination orrescission, shall serve on the otherparty a notice of termination orrescission in the form set out asForm E2.

(3) Within thirty days ofservice of a Notice under sub-section (2), the party wishing torecord the purported terminationor rescission shall file with theRegistrar General in the form setout as Form E3 in the Schedule, a notice that the contract or agreement for the sale or otherdisposition of land is purported tobe terminated or rescinded, whichshall be recorded by the RegistrarGeneral.

(4) Where a party is serveda Notice under subsection (2) andwishes to register an objection to


the termination he shall do so inthe form set out as E4 within thirty days of such notice.

(5) After the expiration ofthree months from the receipt of anotice under subsection (2), everysuch notice shall be deemed tohave lapsed, unless the person bywhom or on whose behalf thesame was served shall, withinthat time, have taken proceedingsin any Court of competent jurisdiction to establish his title,interest, lien, or charge in respectthereof.

(6) Either party undersubsections (2) to (5) may with-draw a notice of termination orrescission or notice of objection inthe form set out as Form E5.

(7) Within fourteen days ofthe receipt of any notice underthis section, the Registrar Generalshall, in writing and electronically,inform all other parties to the contract or agreement for sale orother disposition of land of thereceipt of that notice.

(8) For the purposes of thissection service may be effectedby—

(a) personal service;(b) registered mail; or (c) publication in adaily newspaper inwide circulation.


(9) This section shall notoperate to preclude or prevent aperson from seeking any remedyavailable under—

(a) any law, whether written or othewise;

(b) the contract for saleor other dispositionof land; or

(c) equity.

PART IVEXECUTION AND REGISTRATION OFREGISTRABLE DOCUMENTS

15D. (1) The Attorney-at-lawwho prepares a registrable document in respect of the sale orother disposition of land shallensure that contents of a registrable document for the saleor other disposition of land relateto a contract or agreement for saleor other disposition of land whichis registered in accordance withsection 15B or varied under section 15C.”;

(2) Subsection (1) does notapply to—

(a) the transfer of landsby gift or assent;

(b) a grant of a lease fora term under threeyears;

(c) any conveyance orother disposition ofland by a publicbody;

Form andcontent ofregistrabledocuments


(d) a mortgage;(e) a deed of release;(f) a deed of rectification;(g) a deed of confirmation;(h) a deed of substitution;(i) a deed of surrender;(j) a deed of exchange;(k) a transfer of mortgage;(l) a mortgage debenture;(m) a deed of partition;(n) a deed of assurance;(o) a deed of amalgama-tion;

(p) a lease;(q) a Deed of agree-ment for the sale ofland;

(r) a family arrange-ment in relation toland;

(s) a sale or other dis-position of land by a mortgagee for a mortgage issued by—(i) a FinancialIns t i tu t i onl i c e n s e dunder theF i n a n c i a lInstitutionsAct;

(ii) the HomeM o r t g a g eBank;

(iii) the Trinidadand Tobago


M o r t g a g eF i n a n c eCompany;

(iv) a credit unionr e g i s t e r e dunder theCooperativesSocieties Act;or

(v) the Trinidadand TobagoH o u s i n gDevelopmentCorporation;

(t) a trustee;(u) a sale or other disposition of landby a mortgagee whois a public body;

(v) a sale or other disposition by areceiver or liquidator;

(w) a deed under CourtOrder or pursuant to an Order in matrimonial matters;and

(x) such other documentsas the Minister mayby Order prescribe.

(3) Notwithstanding sub-section (2)(p), where the rent orpremium contained in a leaseamounts to a purchase price, acontract or agreement for the saleis required for registration.


(4) A registrable documentmade in contravention of this section shall be voidable.”;15E. (1) An Attorney-at-lawwho prepares a registrable document or his authorized clerkshall, within fourteen days of theexecution of the registrable document, file with the RegistrarGeneral a notice of the executionwhich shall be in the form set outas Form F in the Schedule.

(2) Where a notice of execution of a registrable instrument is not registered within the period specified undersubsection (1), the Attorney-at-law who prepared the registrabledocument may apply to theRegistrar General for the late registration of the notice of theexecution of the registrable document.

(3) An application undersubsection (2) shall be in the formset out as Form G in the Schedule,include reasons for the delay andbe accompanied by the fee specified in the Schedule to theRegistrar General Act.

(4) Notwithstanding sub-section (1), where a registrabledocument is registered withinfourteen days of its full execution,a notice of execution under subsection (1) is not required to befiled and the Attorney-at-lawshall not be liable to any fineunder section 22.

Notice of execution ofregistrabledocument


15F. (1) Subject to section 15G,every registrable document shallbe registered with the RegistrarGeneral within twelve monthsof—

(a) its signing anddelivery; or

(b) its delivery out ofescrow.

(2) Subject to subsections (4)and (5), an Attorney-at-law or hisauthorized clerk shall register aregistrable document.

(3) An Attorney-at-lawwho files, or authorizes, the submission of a notice under section 15G(1) and who ceases tobe the Attorney-at-law retained in respect of the registrable document, shall, within sevendays of ceasing to be the Attorney-at-law on record, inform—

(a) the Registrar Generalin the form set outas Form H in theSchedule of thatfact; and

(b) his former client ofany obligations thatremain outstandingwith respect to the registration ofthe registrable docu-ment in the form setout as Form I in theSchedule.

(4) The Registrar Generalshall not accept a registrable

Registrationof registrabledocument


document for registration unless—(a) the Attorney-at-lawreferred to in sub-section (2)—(i) is registeredwith theF i n a n c i a lIntelligenceUnit estab-lished underthe FinancialIntelligenceUnit ofTrinidad andTobago Act;

(ii) is not sus-pended frompractice undersection 25 ofthe LegalP r o f e s s i o nAct; and

(iii) holds, or isdeemed tohold, a validpractising cer-tificate undersection 23 or26 of theL e g a lP r o f e s s i o nAct, as thecase may be;and

(b) where, the registrabledocument is inrespect of the sale ofland, the contract oragreement for thesale or other of

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disposition of landto which the regis-trable documentrelates, is regis-tered in accordancewith section 15B.

(5) Notwithstanding sub-section (4), the Registrar Generalmay accept a registrable document for sale of land for registration if the contract oragreement for sale or other disposition of land to which theregistrable document for sale of land relates, having been executed prior to the commence-ment of the MiscellaneousProvisions (Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Real Property, StampDuty and Registration of Title to Land) Act, 2020, was not registered.

(6) Notwithstanding sub-section (2), a former client who is informed of outstanding obligations under subsection (3)(b)shall be liable for the registrationof the registrable document inaccordance with this Act.

(7) A registrable documentexecuted on or after thecommencement of the MiscellaneousProvisions (Registrar General,Registration of Deeds, Conveyancingand Law of Property, RealProperty, Stamp Duty and


Registration of Title to Land) Act,2020 shall not be effectual for thecreation, transfer or conveyanceof lands, unless registered inaccordance with this Act and theeffective date when registeredshall be the date of the registrable document and inrespect of lands under the RealProperty Act, section 38 of theReal Property Act shall continueto apply.15G. (1) Where, any time afterthe execution or delivery out of escrow of a registrable document, an Attorney-at-lawbelieves that he would not be ableto—

(a) register a registrabledocument; or

(b) cause a registrabledocument to be registered,

within the twelve months of itsexecution, he may apply to theRegistrar General for an extension of time to register theregistrable document.

(2) An application undersubsection (1) shall—

(a) be in the form setout as Form J of theSchedule;

(b) be made before the expiration of twelvemonths from thedate of execution ordelivery out of

Applicationfor extensionof time


escrow of the registrable docu-ment;

(c) include reasons forthe failure to registerthe registrable docu-ment and such otherinformation as theRegistrar Generalmay require; and

(d) be accompanied bythe fee specified inthe Schedule to theRegistrar GeneralAct.

(3) Within fourteen days ofreceipt of an application undersubsection (1), the RegistrarGeneral shall, in writing,acknowledge receipt of the application and grant the extension in the form set out asForm K in the Schedule.

(4) An extension grantedby the Registrar General undersubsection (3) shall be for a periodnot exceeding twelve months fromthe date of the grant of the extension.

(5) A person seeking a further extension of the periodunder subsection (4) may, apply tothe High Court at least one monthbefore the expiration of an extension.

(6) Where an extension isgranted under subsection (3), theregistrable document may be

Chap. 19:03


registered within the period ofextension but shall not be accepted for registration after theexpiration of the extension.

(7) A late registration feespecified in the Schedule to theRegistrar General Act shall bepaid to the Registrar General inrespect of a registrable documentthat is registered after the expiration of twelve months fromthe date of its execution but beforethe expiration of the period of theextension granted.

PART VDUTY OF ATTORNEY-AT-LAW TO INFORM

CLIENT OF OBLIGATIONS, ETC.15H. (1) An Attorney-at-lawwho is retained in relation to asale or other disposition of landshall inform his client, in writing,of the obligations, timelines, feesand offences which apply to the transfer of land under this Act.

(2) Where an Attorney-at-law informs a client in accordancewith subsection (1), the Attorney-at-law shall ensure that the clientacknowledges the information inthe form set out as Form L in theSchedule.15I. (1) Where a registrable

document is executed or deliveredout of escrow prior to the commencement of the MiscellaneousProvisions (Registrar General,Registration of Deeds, Conveyancingand Law of Property, Real

Duty ofAttorney-at-law to informhis client ofobligationsetc.

Transitionalprovisions


Property, Stamp Duty andRegistration of Title to Land Act),2020, and is not registered on, orbefore the commencement of thatAct, the person with custody of theregistrable document shall,notwithstanding section 15F(2),register it within twelve months ofcommencement of that Act or suchother period as the Minister, mayby Order, prescribe.

(2) N o t w i t h s t a n d i n g section 15F, the purchaser, legalpersonal representative, granteeor settlor shall be liable for thenon-registration of a registrabledocument in accordance with subsection (1).

(3) Where, as a result ofcircumstances beyond his control,a purchaser, legal personal representative, grantee or settlorfails to register a registrable document within the period specified in subsection (1), he mayapply to the Registrar General foran extension of time to registerthe registrable document.

(4) An application undersubsection (3) shall be in the formset out as Form M in the Scheduleand be accompanied by the feespecified in the Schedule to theRegistrar General Act.

(5) Within fourteen daysof receipt of an applicationunder subsection (3), theRegistrar General shall, in


writing, acknowledge receipt ofthe application and grant theextension.

(6) An extension grantedby the Registrar General undersubsection (5) shall be for a period of twelve months.

(7) A person seeking a further extension of the periodunder subsection (5) may, apply to the High Court for such anextension.

(8) Where an extension isgranted under subsection (5), theregistrable document shall be registered before the expiration ofthe extension.

(9) The late registrationfee specified in the Schedule to theRegistrar General Act shall bepaid to the Registrar General inrespect of a registrable documentthat is registered pursuant to subsection (8).

(10) Where a Deed ofConveyance in respect of land thatis subject to a mortgage was executed by the mortgagor orother person entitled to the equityof redemption and registered priorto the commencement of the Miscellaneous Provisions(Registrar General, Registrationof Deeds, Conveyancing and Lawof Property, Real Property, Stamp


Duty and Registration of Title toLand Act), 2020, and a Deed ofRelease is executed and registeredby the mortgagee or his successorin title after the commencement ofthe Miscellaneous Provisions(Registrar General, Registrationof Deeds, Conveyancing and Lawof Property, Real Property, StampDuty and Registration of Title toLand Act), 2020 all the estateright, title, interest, claim ordemand that the Deed of Releaseis effectual to pass shall bedeemed to vest in the person entitled to the equity of redemption at the time of the execution of the Deed of Releasealthough such person is not aparty to the Deed of Release.”.

(j) by inserting before the heading “PRIORITYOF DEEDS AND PROTECTION OF PURCHASERS AND MORTGAGEES”, thefollowing heading:

“PART VI”; (k) by inserting before the heading “PRODUCTION OF DEEDS IN EVIDENCE”,the following heading:

“PART VII”; and(l) by inserting after section 21, the followingParts:

“PART VIIIFINES AND OFFENCES

22. An Attorney-at-law whofails to comply with section 15E,15F(2) or 15H(1) is liable to

Failure tocomply withsection 15E,15F or 15H(1)


a penalty of half of the fee applicable to the consideration setout in Schedule 1 of the LegalProfession Act.

23. (1) A party who fails tocomply with section 15C(1), (2) or(3) is liable to a penalty of fivethousand dollars.

(2) Subject to sections 15I(6)and 15I(7), a party who fails tocomply with section 15I(1) or (2) isliable to a penalty of five thousanddollars.

24. A person purporting to comply with this Act who knowinglyprovides false information to theRegistrar General commits an offence and is liable upon summary conviction to a fine often thousand dollars and toimprisonment for six months.

25. It is a defence in proceedingsfor an offence under this Act if theaccused proves that he did notknowingly authorize, permit oracquiesce in the commission of theoffence.

26. (1) Notwithstanding anywritten law prescribing a timewithin which proceedings may be brought before a court of summary jurisdiction, proceed-ings for an offence under this Actmay be instituted at any timewithin eighteen months after the relevant date.

Limitation re:summaryoffences

Defence

Providingfalse informationto theRegistrarGeneral

Failure tocomply withsection 15C(1)or 15I(1)


(2) In this section, the “relevant date” means the date onwhich evidence, sufficient in theopinion of the Registrar Generalto justify the institution of summary proceedings, comes tohis knowledge.

(3) For the purpose of subsection (2), a certificate as tothe date on which the evidencereferred to in subsection (2) comesto the knowledge of the RegistrarGeneral shall be conclusiveevidence of that fact.

PART IXMISCELLANEOUS PROVISIONS

27. (1) An instrument of trustthat is made on or after the commencement of the MiscellaneousProvisions (Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Real Property, StampDuty and the Registration of Titleto Land and Registration of Titleto Land) Act, 2020, is void, unlessmade by Deed and registered inaccordance with this Act.

(2) Within twelve monthsof the commencement of the Miscellaneous Provisions(Registrar General, Registrationof Deeds, Conveyancing and Lawof Property, Real Property, StampDuty and Registration of Title toLand) Act, 2020 or such other date

Instrumentsof Trusts


as the Minister may, by Order,prescribe every trustee of a trustin existence prior to the commencement of that Act shallfile with the Registrar General theparticulars of the trust in the formset out as Form M in theSchedule.

(3) Where a trustee fails tofile with to the Registrar Generalthe particulars of a trust asrequired by subsection (2), theRegistrar shall not register anydealings in respect of the landsubject to the trust and any person affected by such decisionshall apply to the court for anextension of the time under subsection (2) for the registrationof the trust.

(4) Every inter vivosdealing or transaction affecting atrust of land or affecting landwhich is the subject of the trust made on or after the commencement of the MiscellaneousProvisions (Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Stamp Duty andRegistration of Title to Land) Act,2020, including—

(a) a disposition of—(i) a subsistingtrust; and


(ii) an equitableinterest inland which isthe subject ofa trust;

(b) a declaration of a trust;(c) appointment of atrustee;

(d) retirement of atrustee;

(e) disclaimer of atrustee;

(f) delegation of dutiesof a trustee; and

(g) variation of theterms and conditionsof a trust,

shall be void unless made by Deedand registered in accordance withthis Act.

(5) For the purposes of thissection—

“instrument of trust” means—(a) a document creatingan express trust inrespect of any landor interest therein;or

(b) a document containingan inter vivos dealingor transaction affectinga trust of land oraffecting land whichis the subject of atrust,


including—(c) a disposition of—(i) a subsisting trust;and

(ii) an equitable interestin land which isthe subject of atrust;

(d) a declaration of atrust;

(e) the appointment of atrustee;

(f) the retirement of atrustee;

(g) the disclaimer of atrustee;

(h) delegation of dutiesof a trustee; and

(i) variation of theterms and conditionsof a trust,

but does not include a trust created under a testamentary disposition;and

“trust” means a legalrelationship inter vivos created by a person (the settlor) wherein land hasbeen placed under the control of a trustee for thebenefit of a beneficiary or fora specified purpose and—

(a) the land is not a partof the beneficialestate of the trustee;


(b) legal title to landstands in the nameof the trustee or inthe name of anotherperson on behalf ofthe trustee; and

(c) the trustee has thepower and the duty,in respect of whichhe is accountable, tomanage, employ ordispose of the land inaccordance with theterms of the trustand the special dutiesimposed on him bylaw,

and includes any transfer ofland previously subject to atrust.

(6) For the purpose of thedefinition of “trust” under sub-section (5)(b), a reservation by asettlor of certain rights and powers and the fact that thetrustee himself has rights as abeneficiary are not necessarilyinconsistent with the existence ofa trust.

28. The Minister may, byOrder, amend the Schedule.

(m) in the Schedule by inserting after Form B thefollowing new forms:

Amendmentof Schedule



FORM C (Section 2(2), 13A (1) and 15B)

DOCUMENT COVER SHEET ALL ATTORNEYS-AT- LAW ARE REQUIRED TO COMPLETE THIS FORM IN DUPLICATE FOR REGISTRATION OF ALL

DEEDS AND OTHER DOCUMENTS UNDER THE REGISTRAR GENERAL ACT CHAP. 19:03, THE REGISTRATION OF DEEDS ACT, CHAP 19:06 AND THE REAL PROPERTY ACT, CHAP 56:02

PLEASE COMPLETE FORM IN BLOCK LETTERS

SECTION I REGISTERING ATTORNEY ADMISSION NUMBER_________________________________________________ NAME AND ADDRESS_________________________________________________ OF ATTORNEY_______________________________________________________ E-MAIL ADDRESS____________________________________________________ TELEPHONE NO: FAX. NO. SECTION II AUTHORIZED CLERK _________________________ID Number_______________ AUTHORIZED CLERK ADDRESS _______________________________________ ATTORNEY NAME____________________ ATTORNEY SIGNATURE_________

SECTION III DOCUMENT INFORMATION PURPORT/TYPE OF DOCUMENT (Fill in one number from the appropriate purport/type provided on the right) NAME OF PARTIES TO THE DOCUMENT Between _____________________

_____________________________________________________________________

AND_________________________________________________________________

E-MAIL ADDRESS of parties___________________________________________

EFFECTIVE DATE/OR DATE OF EXECUTION FOR CONTRACTS FR SALE OR

OTHER DISPOSITION OF LAND ________________________________________

NUMBER OF PAGES REFERENCE TO PRIOR DEED(S) OR RELATED REGISTERED CONTRACT _______________________________________________________________ NUMBER OF AND DESCRIPTION OF ATTACHMENTS (Fill in the number of the attachments in the boxes below) Affidavit Plan Notarial Certificate Declaration Plan Other (state number of attachments not written) CONSIDERATION $________________________ RENT/INTEREST ___________________ DATE OF DOCUMENT _____________________ DATE OF EXECUTION _____________________ H.C.A NO. ________________ DD/MM/YYYY _________________________________________________________ FOR OFFICIAL USE ONLY CHECKLIST FOR REGISTRATION OF DOCUMENTS

Coversheet Deed or Document

Initial of CC Signed Preparation Clause Stamp Duty Date of Execution Schedule Ward & Boundaries Attachments Attestation Clause (i) execution by individual

(ii) execution by marksman (iii) execution by company

Affidavit Documents Executed Abroad Notarial Certification

Declaration of Witness

PURPORT/TYPE OF INSTRUMENT

1 Agreement 1A Contracts for Sale or

other disposition of land 2 Assent 3 Assignment 4 Credit Union Charge 5 Conveyance 6 Court Order 7 Debenture 8 Determination of Lease 9 Gifts/Settlements 10 Grants of Easement/

Right of Way 11 Lease 12 Mortgage 13 Partial Release 14 Partition 15 Power of Attorney 16 Rectification 17 Release of Mortgage 18 Credit Union Charge

Release 19 Revocation of Power 20 Sub Lease 21 Transfer of Mortgage 22 Trust-document 22A Instruments of Trust

[RDA(section 27(5)] 23 Variation of Mortgage 24 Variation of Lease 25 Chattel Mortgage 26 Deed Poll 27 Bills of Sale 28 Bills of Sale

Re-registration 29 Bills of Sale Satisfaction 32 National Loan 33 National Loan Release 34 Judgement Final 35 Judgement

Re-registration 36 Judgement Satisfaction 37 Lis Pendens 38 Lis Pendens

Re-registration 39 Lis Pendens Satisfaction 40 Will Duty 41 Miscellaneous 55 Request for Upstamp 99 Other

FOR OFFICIAL USE ONLY

5. The Conveyancing and Law of Property Act isamended—

(a) in section 2, by inserting after the definition of “income” the following newdefinition:

““interest in land” means the lawfulright as owner of land to holdthe legal title to the land; and

“public body” means any depart-ment or division of—

(a) a Ministry;(b) the Tobago House of Assembly, estab-lished by section 141Aof the Constitution;

(c) a Municipal Corpora-tion established under the MunicipalCorporations Act;

(d) a Regional HealthAuthority estab-lished under theRegional HealthAuthorities Act;

(e) a statutory body,responsibility forwhich is assigned toa Minister ofGovernment;

(f) a State-controlledenterprise;

(g) a Service Commis-sion establishedunder the Constitu-tionor other written law;

(h) the Parliament;

Chap. 56:01 amended


(i) the Judiciary; or(j) the Office of thePresident;

(b) in Part I—(i) by inserting after the heading “PART II SALES AND OTHERTRANSACTIONS CONTRACTS” thefollowing new section:

3A. (1) Subject to sub-section (2), on or after thecommencement of theMiscellaneous Provisions(Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Real Property,Stamp Duty andRegistration of Title toLand) Act, 2020, every Deedfor the conveyance of aninterest in land shall be preceded by a contract oragreement for the sale orother disposition of thatinterest.

(2) Subsection (1) doesnot apply to—

(a) the transfer oflands by gift orassent;

(b) a grant of a leasefor a term underthree years;

(c) any convey-anceor other disposi-tion of land by a public body;

“Contract toprecede Deed


(d) a mortgage;(e) a deed of release;(f) a deed of rectifi-cation;

(g) a deed of confir-mation;

(h) a deed of sub-stitution;

(i) a deed of surrender;

(j) a deed ofexchange;

(k) a transfer ofmortgage;

(l) a mortgagedebenture;

(m) a deed of parti-tion;

(n) a deed of assur-ance;

(o) a deed of amalgamation;

(p) a lease;(q) a deed of agree-ment for the saleof land;

(r) a family arrange-ment in relationto land;

(s) a sale or otherdisposition ofland by a mort-gagee for a mort-gage issued by—(i) a Financial


Institutionl i c e n s e dunder theFinancialInstitutionsAct;

(ii) the HomeMortgageBank;

(iii) the Trini-dad andT o b a g oMortgageF i n a n c eCompany;

(iv) a creditu n i o n registeredunder theC o o p e r a -t i v e sS o c i e t i e sAct; or

(v) the Trini-dad andT o b a g oH o u s i n gD e v e l o p -m e n tC o r p o r a -tion;

(t) a trustee;(u) a sale or otherdisposition ofland by a mort-gagee who is apublic body;


(v) a sale or otherdisposition by a receiver or liquidator;

(w) a deed underCourt Order orpursuant to anOrder in matri-monial matters;and

(x) such other docu-ments as theMinister may byOrder prescribe.

(3) Notwithstandingsubsection (2)(p), where therent or premium containedin a lease amounts to a purchase price, a contract oragreement for the sale isrequired for registration.

(4) Subsection (1) shallnot apply where the Deed ofconveyance was made priorto the commencement of theMiscellaneous Provisions(Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Real Property,Stamp Duty andRegistration of Title toLand) Act, 2020.”;

(ii) by repealing section 4 and replacing it with the following section—

4. (1) No action may bebrought upon any contractfor the sale or other

“Contracts forsale, etc., ofland to be inwriting andregistered


disposition of land or any interest in land, unless theagreement upon which suchaction is brought, or somememorandum or note there-of, is in writing, and signedby the party to be charged orby some other person lawfully authorized by him.

(2) Subsection (1) appliesto contracts made before thecommencement of theMiscellaneous Provisions(Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Real Property,Stamp Duty andRegistration of Title toLand) Act, 2020.

(3) The MiscellaneousProvisions (RegistrarGeneral, Registration ofDeeds, Conveyancing andLaw of Property, RealProperty, Stamp Duty andRegistration of Title toLand) Act, 2020 does notaffect the law relating topart performance before thecoming into force of that Act.

(4) On or after the commencement of theMiscellaneous Provisions(Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Real Property,


Stamp Duty andRegistration of Title toLand) Act, 2020, all contracts for the sale of landshall be in writing and registered in accordancewith the Registration ofDeeds Act.

(5) Subsection (4) doesnot affect the law relating tothe sale or other dispositionof land or an interest in landby an order of a Court.

(6) Nothing in this Actshall affect the law withrespect to part performanceof a contract.”; and

(iii) in section 10, by repealing sub-section (1) and substituting the following new subsection:

10. (1) All conveyances ofland or of any interest there-in are void for the purpose ofconveying or creating a legalestate unless—

(a) made by Deed; and(b) on or after the commencement of the MiscellaneousProvisions (RegistrarGeneral, Registra-tion of Deeds,Conveyancing andLaw of Property,Real Property,Stamp Duty andRegistration of

Chap. 19:03

“Land to begranted byregistration


Title to Land)Act, 2020, theyare registered inaccordance withPART IV of theRegistration ofDeeds Act.”.

6. The Real Property Act is amended—(a) in section 2(1), by inserting after the definition “instrument” the following newdefinition:““interest in land” means the lawful

right as owner of land to hold thelegal title to the land;”;

(b) by inserting after the heading “PART VTRANSFERS AND OTHER DEALINGS”the following section:

61A. (1) On or after the commencement of the MiscellaneousProvisions (Registrar General,Registration of Deeds, Conveyancingand Law of Property, RealProperty, Stamp Duty andRegistration of Title to Land) Act,2020, every instrument for thetransfer of an interest in landshall be preceded by a contract or agreement for the sale or other disposition of thatinterest.

(2) A contract referred toin subsection (1) shall be in accordance with sections 15A, 15Band 15C of the Registration ofDeeds Act.”;

Chap. 56:02 amended

“Contract toprecedeinstrument forconveyance


(c) in section 62 by—(i) by renumbering section 62 as section 62(1);

(ii) in section 62(1), as renumbered, bydeleting the words “may execute”and substituting the words “shallexecute”; and

(iii) by inserting after section 62(1),as renumbered, the following subsections:

“(2) The Registrar Generalshall not accept a memo-randum of transfer for registration unless it meets the requirements of sections 5, 5A to 5D, andPARTS IV and V of theRegistration of Deeds Act.(3) Every memorandum of

transfer presented for registration shall be accompanied by a cover sheet,in duplicate, prepared by theAttorney-at-law presentingthe instrument, containingthe following particulars:

(a) name of theAttorney-at-lawwho prepared thememorandum;

(b) date of the practisingcertificate of thatAttorney-at-law;

(c) address of the firmor chambers of thatAttorney-at-law;


(d) current certificateof title reference;

(e) registered proprietorof the property towhich the memo-randum relates;

(f) opposite party; (g) date of executionof the memoran-dum;

(h) information onthe authorizedclerk; and

(i) any other parti-culars which theRegistrar Generalmay require.

(4) The Registrar Generalshall place the informationreferred to in subsection (1)and contained in the coversheet in the relevant index”;

(d) in section 130, by deleting the words “Act orOrdinance” and substituting the words“written law”; and

(e) by inserting after section 157, the followingsections:

157A. A person purporting tocomply with this Act who knowingly provides false information to the RegistrarGeneral commits an offence and isliable upon summary conviction toa fine of ten thousand dollars andto imprisonment for six months.157B. It is a defence in proceedings for an offence underthis Act if the accused proves that

Defence

“Providingfalse information tothe RegistrarGeneral


he did not knowingly authorize,permit or acquiesce in the commission of the offence.157C. (1) Notwithstanding anywritten law prescribing a timewithin which proceedings may be brought before a Court of summary jurisdiction, proceedings for an offence underthis Act may be instituted at anytime within seven years from the commission of the offence or within eighteen months after therelevant date.

(2) In this section, the“relevant date” means the date onwhich evidence sufficient, in theopinion of the Registrar General,to justify the institution of summary proceedings comes tohis knowledge.

(3) For the purpose ofsubsection (2), a certificate as tothe date on which the evidencereferred to in subsection (2), cameto the knowledge of the RegistrarGeneral, shall be conclusive evidence of that fact.”.

7. The Stamp Duty Act is amended—(a) in section 16, by deleting the words “fourhundred dollars” and substituting thewords “twelve thousand dollars and toimprisonment for twelve months”; and

(b) in section 82, by deleting the words “fifteenthousand dollars” and substituting thewords “thirty thousand dollars”.

Limitation re.summaryoffences

Chap. 76:01 amended


8. The Registration of Title to Lands Act is amended—

(a) in section 26 in subsection (2), by deletingall the words after the word “therein” andsubstituting the words “shall be by Deed inaccordance with section 27 of theRegistration of Deeds Act.”;

(b) in section 35(b) by inserting after the word“or” the word “any”;

(c) in section 55, by deleting subsection (2) andsubstituting the following new subsection:

“ (2) A Deed of trust shall be registered in accordance with theRegistration of Deeds Act.”; and

(d) in section 79, by deleting the word “a trustor” and substituting the word “an”.

Passed in the Senate this 9th day of June, 2020.

Clerk of the Senate

Passed in the House of Representatives this 16th dayof June, 2020.

Clerk of the House

PRINTED BY THE GOVERNMENT PRINTER, CARONIREPUBLIC OF TRINIDAD AND TOBAGO—2020


Act No. 16 of 2000amended