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Boundary, possession and title disputes over land and premises — asserted and defended.
Few disputes carry more weight in Trinidad and Tobago than disputes over land. A fence in the wrong place, a relative occupying family property, a stranger claiming years of possession, a deed that should never have been executed — each one puts something irreplaceable in issue. Jesse Paul & Co. acts for landowners, occupiers, purchasers and beneficiaries across T&T, whether the claim is being brought or defended.
Property litigation sits beside the firm’s conveyancing and estates practices and draws on both: most land disputes are decided by what the paper trail and the ground itself can prove, and reading both is the daily work of this firm.
Land cases are won on the documents and the ground itself, so that is where we begin: the deeds or Certificate of Title, the registered plans, a licensed surveyor’s report where a boundary is in issue, and a frank assessment of what it all supports. Clients hear that assessment early — including when the position is weak. Where the Civil Proceedings Rules call for a pre-action protocol letter, we use it as it is intended: to set out the case plainly and give the other side a genuine opportunity to resolve the matter before proceedings are filed.
When litigation is necessary, we move first to protect the client’s position — an injunction to halt construction on disputed land, or a caveat or lis pendens to prevent dealings with it — and then prepare the case for trial with the evidence marshalled properly: surveyors, valuers, and the witnesses who can speak to decades of occupation. Many property disputes settle once each side’s true position is laid out on paper. Those that do not are fought with the preparation they deserve.
In some circumstances, yes. Under the Real Property Limitation Act, a person in open, continuous and exclusive possession of private land for sixteen years, without the owner’s permission, can defeat the paper owner’s title and apply to have the land vested in them. A longer period applies to State lands. These claims turn on detailed evidence of what was actually done on the land and when — which is why it matters to act early, whether you are the owner or the occupier.
The starting point is establishing where the boundary actually is, which usually means the registered plans and a licensed surveyor’s report. From there the options run from a pre-action letter and negotiated resolution to an injunction restraining further construction and, where necessary, an order for removal or damages. The earlier an encroachment is challenged, the more of those options remain open.
Often, yes. Where land is co-owned — commonly through inheritance — and the owners cannot agree on its use or disposal, the court can order the land partitioned between them or, where dividing it is impractical, sold and the proceeds distributed according to each owner’s share. These matters are as much about family as about law, and we approach them accordingly; but the legal machinery exists for when agreement cannot be reached.
Not until the estate is properly represented. Where the paper owner has died, a grant of probate or letters of administration is usually needed before the land can be litigated over, transferred or defended — work our probate and estates practice handles alongside the dispute itself. Missing this step is one of the most common reasons land claims in T&T stall.
It varies more than any honest attorney can compress into one answer. An urgent injunction can be obtained quickly; a contested boundary or possession claim that runs to trial in the High Court takes considerably longer. Many disputes resolve at the pre-action stage or in negotiation once the documents and survey evidence are on the table. We give a realistic assessment of the likely course — and cost — at the first consultation, and we will tell you plainly if your case is weak.
Book a consultation. We respond to every enquiry within one business day. Our initial conversation is straightforward — we listen, ask the questions that matter, and tell you honestly where you stand.
Book a Consultation Or call +1 (868) 712-7971Property litigation services from Jesse Paul & Co. Attorneys-at-Law, San Fernando, Trinidad and Tobago: boundary and encroachment disputes, recovery of possession of land and premises, adverse possession claims and defences under the Real Property Limitation Act, trespass and injunctions, disputes over title including forged and defective deeds, partition and sale in lieu of partition, rights of way and easements, landlord and tenant possession proceedings, statutory leases under the Land Tenants (Security of Tenure) Act, and disputes arising from agreements for sale. Call or WhatsApp +1 (868) 712-7971.