![]() ![]() The RPA System, which is essentially an embodiment of the Australian Torrens System, was brought into law in Trinidad and Tobago pursuant to the Real Property Ordinance, as it then was, on January 1, 1946. Robert Torrens developed what is known as the Torrens System of land registration, which was first introduced as law by the legislature of South Australia on January 27, 1858. In an effort to address the many difficulties posed by the Common Law System, Mr. The tracing of title under the Common Law System can become quite convoluted and the fact that unregistered equitable interests are recognized can bring about difficult questions as to whether or not a purchaser has “notice” of any such equity, which could thereby impugn his/her title in the parcel of land. ![]() This is based on the common law principle that a vendor cannot transfer a greater interest than he or she may own (this is known in legal circles as the Nemo Dat Rule). The Common Law System is not without its difficulties, as establishing full ownership of land involves the “getting in” of both the legal and the equitable titles. Where each registered deed can be traced and linked together so as to lead to the person alleging ownership without a break in the chain, good and marketable title will be established under the Common Law System. Thereafter, the “Chain of Title” of ownership (each registered deed constituting a “link” in the chain) is traced to the present owner. In order to be able to certify title with respect to a parcel of unregistered land one is required to produce, what is in law referred to as a “Good Root of Title” relating to such parcel of land, that is, a deed of at least twenty years (20) of age under which consideration has passed (for example, a Deed of Conveyance or a Deed of Mortgage). Under this system, title to a parcel of land is traced by the registration of deeds, each such deed representing a transaction relating to the parcel of land. The Common Law System of title is the older of the two systems and deals with unregistered land. ![]() The Common Law System of Land Registration 56:01 and the registered land title system governed by our Real Property Act, Chap. In Trinidad and Tobago there is a dual system of land titles, namely, the Old “English” Law or Common Law Title System (“the Common Law System”) governed by the Conveyancing and Law of Property Act, Chap. ![]()
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