April 29, 2025
By Christine St. Marie “Let the hand receiving it be ever so chaste, yet if it comes through a corrupt polluted channel, the obligation of restitution will follow it.”- Lord Commissioner Wilmot in the case of Bridgeman v Green (1757) Wilm 58 Under What Circumstance Can a Deed Be Set Aside in Trinidad and Tobago? In this article, we examine the legal circumstances under which a Deed may be set aside in Trinidad and Tobago. The term "setting aside" refers to a court-ordered process that renders a previously executed Deed invalid or ineffective. When a Deed is set aside, it is treated as null and void—either from the beginning (void ab initio) or from the date of the court's ruling—meaning it has no legal effect. This may occur for various reasons, including fraud, misrepresentation, undue influence, mistake, or lack of capacity. Let’s explore the legal grounds on which such an action may be taken, the procedures involved, and relevant case law or statutory provisions that govern these situations.
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Boundary disputes are a common source of conflict between property owners in Trinidad and Tobago. These disputes can arise for various reasons, including unclear property descriptions, historical inaccuracies in land surveys, and encroachments. Understanding the origins of these disputes and the legal mechanisms available for their resolution is essential for property owners and occupiers. In Trinidad and Tobago, various types of interests can exist in land, reflecting the diverse ways in which land can be owned, used, and enjoyed. Here are some of the primary types of interest: Property transactions, while offering significant investment opportunities, can be fraught with potential legal issues and financial risks, especially in a market like Trinidad and Tobago where regulatory and procedural specifics can complicate matters. Understanding common pitfalls and knowing how to navigate them can save potential property owners from costly mistakes and legal troubles. Here, we outline some of the most common mistakes made in property transactions and provide guidance on how to avoid them. The Property Tax (Amendment) Act, 2024, introduced to Parliament, on March 15, 2024, and assented to on March 27, 2024, heralds a shift in the property tax landscape of Trinidad and Tobago. By amending the Property Tax Act Chapter 76:04, this Act addresses concerns of property owners over the fairness and accuracy of property tax assessments, marking a step toward a more equitable and transparent property tax regime. The Property Tax Act Chapter 76:04 of Trinidad and Tobago, while a crucial piece of legislation, can often seem complex and daunting to understand for many. This law outlines how property tax is assessed, collected, and managed across the nation, affecting homeowners, landowners, and businesses alike. Let's break it down into more digestible parts to make it easier to understand. Gifting property in Trinidad and Tobago is a significant legal decision that requires careful consideration and adherence to the laws of T&T. Whether you're considering transferring property to a family member, friend, or entity, understanding the legal procedures and requirements is essential to ensure a smooth and legally binding transaction. In this comprehensive guide, we'll walk you through the key steps and considerations involved in gifting property in Trinidad and Tobago. In the realm of property law, the concept of a life interest is a critical element that can significantly affect the ownership and transfer of assets. A life interest in property grants an individual the right to use, occupy, and enjoy a specified property for the duration of their life. But what is the impact of this legal arrangement? In this article, we will delve into what having a life interest in property entails and explore its implications. Thinking about buying, selling or gifting property to someone in Trinidad and Tobago? The process of transferring property can seem a bit confusing. Here we'll make it easier by pointing out 7 things you should know when transferring property in T&T. Land title documents are often created following the sale, mortgage, assent or gifting of a parcel of land or property. When such transactions occur and these land title documents are made, they should be registered at the Land Registry in the Registrar General’s Department at the Ministry of the Attorney General and Legal Affairs. |
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