SOMEONE'S OCCUPYING PROPERTY WITHOUT PERMISSION. WHAT CAN BE DONE?

August 16th, 2025
​By Cari Chandler-Martin

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​Finding out that someone has moved onto your land without your consent can be stressful — and even more so when they refuse to leave. Whether it’s a stranger, an extended family member, or even a former friend, the law in Trinidad and Tobago gives landowners specific rights and options.

This article explains the legal position and the steps someone can potentially take to protect their property.

1. Understand Your Legal Rights as a Landowner

In Trinidad and Tobago, the right to possess, control, and enjoy your property is protected under the Constitution and by the common law. If someone occupies your land without your permission, they are generally considered a trespasser.

Trespass occurs when someone enters or remains on land without lawful authority or the landowner’s consent. It can be a civil matter (private legal action) and, in some cases, a criminal offence.

2. Act Quickly – Avoiding Adverse Possession Claims

If you ignore an unauthorised occupation, you risk losing legal rights over time.

Under the Real Property Limitation Act, Chap. 56:03:

• If someone occupies your land openly, continuously, and without your consent for a period of 16 years they may be able to claim ownership through adverse possession.
• The longer you delay, the harder it can be to remove them.

Key takeaway: Address the situation early to avoid complicated legal disputes later.

3. Confirm Ownership and Boundaries

Before taking action, ensure:

• Your land title or deed is in order and clearly in your name or you have a purported interest in the property that you believes supersedes the occupiers (which should be confirmed by obtaining legal advice).
• You have up-to-date survey plans showing the exact boundaries.
• The person is actually on your land (boundary disputes are common).

If there’s uncertainty, engage an attorney and a licensed land surveyor to confirm.

4. Speak to the Occupant (If Safe)

Sometimes occupation starts due to misunderstanding — for example, unclear boundaries or informal family arrangements.
If it’s safe:

• Politely inform the person they are on your land without permission.
• State clearly (preferably in writing) that you are revoking any informal consent and require them to vacate.
• Keep a record of this communication.

5. Send a Formal Legal Letter

If they refuse to leave voluntarily, your next step should be a letter of demand from an attorney.
This letter should:

• Identify you as the legal owner.
• State that they are in unauthorised occupation.
• Give them a deadline to vacate (e.g., 14–30 days).
• Warn that you will take legal action if they fail to comply.

6. Take Civil Court Action – Possession Proceedings

If the person still refuses to leave, you may need to file a claim for possession in court.

The court can:

• Declare your legal ownership.
• Order the person to vacate the premises.
• Award damages for trespass or unpaid occupation.

For urgent cases — such as where the trespasser is causing damage or threatening you — your attorney may also apply for an interim injunction to stop certain activities until the case is resolved.

7. Avoid Self-Imposed Evictions

In Trinidad and Tobago, forcibly removing someone or destroying their property without a court order can expose you to criminal charges and civil liability. Follow legal procedures, even if the person is clearly trespassing.

8. What If the Occupant Claims They Have Rights?
They might argue:

• They have a lease, licence, or other right to occupy.
• They have acquired the land by adverse possession.
• They have made substantial improvements to the land.

In these cases, your attorney will need to:

• Review any documents or evidence they produce.
• Challenge any unfounded claims in court.
• Negotiate if necessary to avoid prolonged litigation.

9. Practical Tips to Protect Your Land

• Inspect your property regularly to spot early signs of unauthorised use.
• Fence and mark boundaries where possible.
• Keep your title documents safe and updated.
• Address encroachments immediately — time works against you in adverse possession cases.
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Dealing with someone living on your land without permission can be frustrating, but taking swift, lawful action is the best way to protect your rights. Every situation is different, and the correct approach depends on the facts, the history of occupation, and any claims made by the occupant.

If you find yourself in this position, it’s important to get professional legal advice before taking any steps.

Cari Chandler-Martin is the Managing Partner at Aurora Chambers. She can be reached at a[email protected].

​Important Notice: This article is for informational purposes only and does not constitute legal advice. Always seek consultation with an attorney for your specific legal concerns, as only a professional familiar with the details of your situation can provide proper guidance. ​

​This website is managed by AURORA Chambers; a law practice in Trinidad and Tobago.

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