TYPES OF INTEREST IN LAND IN T&T

CONTACT US HERE

Share This:

​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:

Freehold Interest 
A freehold interest, commonly referred to as fee simple, represents the most comprehensive form of land ownership. It grants the holder absolute and indefinite ownership rights over both the land and any structures upon it, allowing for unlimited use and control.

Leasehold Interest 
A leasehold interest is a temporary right to occupy and use the land for a specified period, as outlined in a lease agreement. Leaseholds can range from short-term tenancies to long-term leases spanning several decades.

Life Interest 
A life interest, or life estate, allows an individual to use and benefit from the land for the duration of their lifetime. Upon their death, the interest reverts to another party, as designated in the original grant.

Future Interests 
Future interests are rights to land that will begin in the future, rather than immediately. These can include reversionary interests, where the land returns to the original owner, or remainder interests, where the land is passed on to a third party.

Easements 
An easement is a non-possessory right to use a portion of another person's land for a specific purpose, such as access or utility lines. Easements are typically created through an agreement and can be either temporary or permanent.

Restrictive Covenants 
Restrictive covenants are legally binding promises embedded in the deed of a property that restrict the use of the land in some way. These can include restrictions on building structures, land use, and other activities.

Mortgages
A mortgage is an interest in land granted to a lender as security for a loan. The borrower retains ownership of the property but grants the lender a legal interest in the event of default.

Trusts 
Land can be held in trust, where one party (the trustee) holds legal title to the land for the benefit of another party (the beneficiary). Trusts can be used for various purposes, including estate planning and asset protection.

Beneficial Interest Through Adverse Possession 
Adverse possession allows a person to claim ownership of land under certain conditions. This doctrine is based on the continuous and uninterrupted occupation of land without the permission of the original owner. Over time, the adverse possessor can gain legal title to the land. To successfully claim adverse possession in Trinidad and Tobago, the following criteria must be met:
​
Continuous Possession: The claimant must have continuous possession of the land for a specific period, typically 16 years.

Intention to Possess: The possession must be without the permission of the owner, demonstrating an intention to possess the land as one’s own.

Exclusive Use: The use of the land must be exclusive, without sharing possession with the original owner or others.

Open and Notorious: The possession must be obvious to anyone, including the rightful owner, indicating that the land is being used by someone else.

Once these criteria are met, the adverse possessor can apply to the court for a declaration of title, effectively transferring ownership from the original owner to the possessor. This results in a beneficial interest, where the adverse possessor gains the full rights and benefits of land ownership. To learn more about Adverse Possession read our following articles:

WHAT IS ADVERSE POSSESSION?
​
WHEN CAN A "SQUATTER" CLAIM LAND OWNERSHIP IN T&T?

Conclusion 
Understanding the different types of interests in land is crucial for anyone involved in real estate transactions, land development, or property disputes in Trinidad and Tobago. Each type of interest carries specific rights, responsibilities, and implications that must be carefully considered. If you have specific questions or need legal assistance regarding land interests, consulting with a qualified attorney can provide tailored advice and support.

Important Notice: This post 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.

Click HERE to receive updates straight to your inbox by subscribing to our newsletter.