Approved buildings & Land T&C

rspann · Postby **rspann** » November 5th, 2019, 7:35 pm

There are rights and obligations for both landlord and tenants, but acts/laws governing that ,nah. If you were a land tenant, you would pay half the market value for the land if he decide to sell but you are just renting the building or apartment, so that does not apply. He is under no obligation to sell it to you but I think he would give you the option first as you are already there, but if you cannot purchase, then he is free to pursue other options.
once a tenant, always a tenant. A tenant cannot claim ownership or any other rights except those set out in law that governs his duties and those of the landlord.

Kenjo · Postby **Kenjo** » November 5th, 2019, 9:25 pm

rspann wrote:There are rights and obligations for both landlord and tenants, but acts/laws governing that ,nah. If you were a land tenant, you would pay half the market value for the land if he decide to sell but you are just renting the building or apartment, so that does not apply. He is under no obligation to sell it to you but I think he would give you the option first as you are already there, but if you cannot purchase, then he is free to pursue other options.
once a tenant, always a tenant. A tenant cannot claim ownership or any other rights except those set out in law that governs his duties and those of the landlord.

What’s that half price about ? Sounds like the situation the original OP is in possibly ?

The_Honourable · Postby **The_Honourable** » November 5th, 2019, 9:28 pm

1/2 the market value is not always absolute.

If you were under a statutory tenancy, 1/2 the market value would apply. If you failed to renew your statutory tenancy especially after 2011, it does not apply.

Research Land Tenure (Security of Tenure) Act.

5 (5) “The tenant shall have an option to purchase the land at any time during the term of the statutory lease at a price not exceeding fifty per cent of the open market value of the land without the chattel house ascertained at the date of the service on the landlord of notice of purchase under section 9(1)”.

9. (1) In order to exercise the option to purchase conferred by section 5(5), the tenant shall, in the prescribed manner, serve a written notice on the landlord of his desire to purchase the land and, where to his knowledge the land is mortgaged, shall at the same time notify the mortgagee in writing and, subject to the provisions of this Act, the landlord shall be bound to make to the tenant, and the tenant to accept, at the price and conditions so provided, a grant of the land free from the landlord’s encumbrances, if any, and save as aforesaid the landlord shall not be bound to convey to the tenant any better title than that which he has.

(2) Where a tenant gives the landlord notice, in accordance with this Act, of his desire to purchase the land, the landlord shall, within two months of the notice, give to the tenant a notice in reply stating whether or not the landlord admits the tenant’s right to purchase the land (subject to any question as to the correctness of the particulars given in the tenant’s notice) and if the landlord does not admit the tenant’s right, the notice shall state the grounds on which it is not admitted and thereupon either party may apply to the Land Commission to determine the matter.

rspann · Postby **rspann** » November 5th, 2019, 9:50 pm

That applies to rented lands especially lands on which you have a chattel or building. It's the security of tenure act . It doesn't apply to his case where he is a tenant in a building. Honorable is correct in the first paragraph. If you did not renew your tenancy in 2011, which was posted in the media for a while, security of tenure act does not apply and the landlord could reclaim.

pugboy · Postby **pugboy** » November 5th, 2019, 9:55 pm

Btw you guys know that the squatter rights law of 17yrs or whatever occupation period
Is only effective if the squatter was never served with eviction notices during that time?

rspann · Postby **rspann** » November 5th, 2019, 9:57 pm

Only if it was uninterrupted .

rspann · Postby **rspann** » November 5th, 2019, 10:01 pm

Recently I purchased a piece of prime land that was tenanted where the very wealthy owners were getting a few hundred dollars per year. They were quite happy to sell at half the market value since they could not get that amount for the next few generations. I gave the tenant the half to pay since he had no means of doing so, and then when it was in his name, I paid him the other half. A win win situation.

pugboy · Postby **pugboy** » November 5th, 2019, 10:04 pm

Does it matter how long the land tenant was there for to get the half value rule ?
Could they have evicted him at all or once he prove he was the last tenant he have this half option lien?

rspann wrote:Recently I purchased a piece of prime land that was tenanted where the very wealthy owners were getting a few hundred dollars per year. They were quite happy to sell at half the market value since they could not get that amount for the next few generations. I gave the tenant the half to pay since he had no means of doing so, and then when it was in his name, I paid him the other half. A win win situation.

rspann · Postby **rspann** » November 5th, 2019, 10:04 pm

pugboy wrote:Btw you guys know that the squatter rights law of 17yrs or whatever occupation period
Is only effective if the squatter was never served with eviction notices during that time?

Read up on adverse possession . As long as they were not interrupted, after twelve years you cannot move them and if they make sixteen, they can apply for it under the law of adverse possession and bring it under the RPO , getting deed and everything.

rspann · Postby **rspann** » November 5th, 2019, 10:07 pm

There are conditions that has to be met, and also some exclusions.

The_Honourable · Postby **The_Honourable** » November 5th, 2019, 10:17 pm

rspann wrote:
pugboy wrote:Btw you guys know that the squatter rights law of 17yrs or whatever occupation period
Is only effective if the squatter was never served with eviction notices during that time?

Read up on adverse possession . As long as they were not interrupted, after twelve years you cannot move them and if they make sixteen, they can allply for it under the law of adverse possession and bring it under the RPO , getting deed and everything.

Not only uninterrupted, they have to be in sole continuous possession of it. A relative had to deal with that some time ago. Stranger moved onto his land, 16 years pass and the tenant apply for adverse possession. Judge threw out the case... why? Even though he built the structure and it existed past 16 years, the landowner proved to the court that the tenant wasn't living there for the full 16 years. The tenant gone to live by some woman where his brother end up occupying the place. When the relationship didn't work out, he came back there to live with his brother. Judge say he wasn't in continuous possession over it... case thrown out and well... UDFR.

Dealing with a matter now where a woman planning to apply for adverse possession for a portion of my family land yet she living and working in the united states

Mowally · Postby **Mowally** » November 5th, 2019, 10:22 pm

Kk.. I'm in the midst of some legal luminaries!!.. Yes is me with d 2 houses.. someone mentioned to me that.. according to some act.. a over 16years has authority to get the Landlord to sell @ 1/2 the market price..

The_Honourable · Postby **The_Honourable** » November 5th, 2019, 10:24 pm

Mowally wrote:Kk.. I'm in the midst of some legal luminaries!!.. Yes is me with d 2 houses.. someone mentioned to me that.. according to some act.. a over 16years has authority to get the Landlord to sell @ 1/2 the market price..

1. How long you and your family have you been living there?

2. Did you renew your statutory tenancy after 2011 with the landlord?

3. Ever submitted an offer in writing?

Mowally · Postby **Mowally** » November 5th, 2019, 10:25 pm

The_Honourable wrote:
rspann wrote:
pugboy wrote:Btw you guys know that the squatter rights law of 17yrs or whatever occupation period
Is only effective if the squatter was never served with eviction notices during that time?

Read up on adverse possession . As long as they were not interrupted, after twelve years you cannot move them and if they make sixteen, they can allply for it under the law of adverse possession and bring it under the RPO , getting deed and everything.

Not only uninterrupted, they have to be in sole continuous possession of it. A relative had to deal with that some time ago. Stranger moved onto his land, 16 years pass and the tenant apply for adverse possession. Judge threw out the case... why? Even though he built the structure and it existed past 16 years, the landowner proved to the court that the tenant wasn't living there for the full 16 years. The tenant gone to live by some woman where his brother end up occupying the place. When the relationship didn't work out, he came back there to live with his brother. Judge say he wasn't in continuous possession over it... case thrown out and well... UDFR.

Dealing with a matter now where a woman planning to apply for adverse possession for a portion of my family land yet she living and working in the united states

So I'm guessing this 'adverse possession' applies to rented land..

Mowally · Postby **Mowally** » November 5th, 2019, 10:27 pm

Living there for nearly 20yrs.. I've no idea about this 'statutory tenancy'..

Mowally · Postby **Mowally** » November 5th, 2019, 10:27 pm

I could go & renew it this week?

Mowally · Postby **Mowally** » November 5th, 2019, 10:29 pm

Offer 8n writing.. I paid 10% of they asking price already.. I didn't bother to do any written agreement.

The_Honourable · Postby **The_Honourable** » November 5th, 2019, 10:36 pm

Mowally wrote:So I'm guessing this 'adverse possession' applies to rented land..

It applies to virtually all lands. Private lands is 16 years, state lands is 30 years.

Mowally wrote:I could go & renew it this week?

Seek legal counsel first. If you go to renew, the landlord might realize that after signing, you want to offer half. He can always decline citing that he is migrating.

Mowally wrote:Offer 8n writing.. I paid 10% of they asking price already.. I didn't bother to do any written agreement.

Then again, you started paperwork already accepting the value agreed between you and the landlord. You paid 10% down so it makes no sense trying to sign a statutory lease now since you in the middle of a sale.

Mowally · Postby **Mowally** » November 5th, 2019, 10:43 pm

Kk.. well.. that's info wasted.. On another note.. I was told if you're using land as collateral to buy another property. The bank uses the land & the new property to give you the loan. If you understand what I mean.

rspann · Postby **rspann** » November 5th, 2019, 10:44 pm

The lease had to be renewed since 2011. It only applies to land . You cannot claim someone's building. If it is your building on his land and you satisfy all the conditions ,Ok. If you are paying rent then the owner has given you permission, you cannot aply for adverse possession(land only).

Mowally · Postby **Mowally** » November 5th, 2019, 10:56 pm

Okay understood.. Well I need a ball park figure from anyone knowledge in Valuations. 1.5 lot of freehold land 2 mins walk from the Eastern Main Rd in .... Laventille. How much that selling for so?

ProtonPowder · Postby **ProtonPowder** » November 6th, 2019, 12:10 am

Statutory tenancies apply to owned chattel buildings upon rented lands which existed at the time of 1981, and were brought under statutory lease for 30 years with the option to renew or buy the lands at MAXIMUM half price. Generally chattel house owners with some sense went the legal route to make a deed for the house alone with the knowledge of the landlord so in the event the house owner passed, his estate will still own the house in fee simple. After that, they purchase the land to extinguish the statutory lease and merge the house deed and land deed whenever they either sell it or gift it to themselves and family.

Most old landlords sell for much below half though, generally 20-33% of the market price.

Lots of rented lands were never brought under statutory tenancies for whatever reason.

ProtonPowder · Postby **ProtonPowder** » November 6th, 2019, 12:16 am

Mowally wrote:Okay understood.. Well I need a ball park figure from anyone knowledge in Valuations. 1.5 lot of freehold land 2 mins walk from the Eastern Main Rd in .... Laventille. How much that selling for so?

Depends highly on what part of the EMR. The eastern side would be about two thirds to three quarters barataria rates and would plummet further westward for obvious reasons

Mowally · Postby **Mowally** » November 6th, 2019, 1:12 am

ProtonPowder wrote:
Mowally wrote:Okay understood.. Well I need a ball park figure from anyone knowledge in Valuations. 1.5 lot of freehold land 2 mins walk from the Eastern Main Rd in .... Laventille. How much that selling for so?

Depends highly on what part of the EMR. The eastern side would be about two thirds to three quarters barataria rates and would plummet further westward for obvious reasons

Yea... I know the "obvious reason"... Its closer to Success Village, but not in Success Village.