implementing the trinidad and tobago land adjudication and registration project

1. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 1 Implementing theTrinidad and Tobago Land Adjudication and Registration Project

2. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 2 Presentation outline Background and setting the scene De jure … the Land Law of Trinidad and Tobago Registration of Deeds and Land De facto… Land tenure and land information Land legislative package of 2000 Implementing the Land Legislative Package Current steps Next steps

3. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 3 The Land Law of Trinidad and Tobago Reception of English law Common law of England Statutory law Principal Acts of Parliament Tenures and estates Land held from the State Freehold (fee simple, fee tail and life estate) Leasehold

4. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 4 RegistrationThe need for title information…. Of Deeds Registration of Deeds Act Notice and priority of transactions Of Title Real Property Ordinance (RPO) Notice and fact of ownership (Torrens system) 1981 Property law Reforms Land Registration Act 1981(repealed) Registration of Deeds and Titles Systematic and sporadic registration Land Commission Part of substantial land law reform package

5. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 5 De facto …tenure and information Land Tenure State land (53%) v. private land (47%) 86,000 parcels v. 334,000 parcels Land policy 1992 Tenure regularisation & improved land registration Insecurity and informality “47% of all households do not have adequate title documents” Approximately 30,000 “squatters” Land Information Incomplete and inaccessible

6. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 6 The Land Legislative Package of 2000 Land Adjudication Act Systematic ascertainment of all land rights, interests and titles Recognises existing entitlements ? doesn’t create new ones Private and State land Conforms with general land laws

7. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 7 The Land Legislative Package of 2000 Registration of Titles to Land Act Parcel-based register…one folio for each parcel Folio comprises three sections – Property, Proprietorship and Encumbrances Entries in the register constitute notice and are guaranteed to be correct No need for historical or multiple searches – except for certain overriding interests

8. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 8 Land Tribunal Act To hear appeals to adjudication and decisions of the Land Registrar Future wider jurisdiction (e.g. Town & Country Planning) Appeals to the Court of Appeal The Land Legislative Package of 2000

9. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 9 Benefits For everyone… cheaper, quicker, easier and safer transfer of land access to land and capital For the State…better… land use planning environmental management & protection equitable taxation / tax policy options physical planning / development control State land administration and management etc

10. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 10 Implementing the Land Legislative Package I would like to spend the remainder of this presentation telling you what we are currently doing, and what we plan to do next, to implement the land adjudication and registration programme This is the stated objectives of the programme – as written in 1999 - I have highlighted the key words – and they fit in nicely with the theme of today’s meeting. The last line – environmental sustainability – is equally as pertinent, given the rain, flooding and landslides we have been experiencing of late.I would like to spend the remainder of this presentation telling you what we are currently doing, and what we plan to do next, to implement the land adjudication and registration programme This is the stated objectives of the programme – as written in 1999 - I have highlighted the key words – and they fit in nicely with the theme of today’s meeting. The last line – environmental sustainability – is equally as pertinent, given the rain, flooding and landslides we have been experiencing of late.

11. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 11 Implementing the Land Legislative Package Support of the Inter-American Development Bank Geodetic/GPS infrastructure for surveying and mapping Computerisation of deeds and survey plans Cabinet-appointed Steering Committee Representatives from Law Association, Institute of Surveyors, Government Ministries Implementation plan Regulations Preparatory consultancies Loan proposal Firstly, we must acknowledge the support of the Inter American Development Bank, who understand and recognise the importance of secure land tenure and land title registration for promoting socio-economic development. IDB have been involved with the Agricultural sector Reform Programme for over 10 years, more recently with the Agricultural Sector Investment Programme, which provided funding for these necessary infrastructural investments, and hopefully, IDB will be supporting us in the future with the land adjudication and registration programme, which is, after all, at the heart of the land administration component of the agricultural sector investment programme Implementation is being driven by a Cabinet appointed Steering Committee, chaired by the permanent secretary of the Ministry of Agriculture Land and Marine resources and comprising representative of key stakeholders – some of whom are here today. An implementation plan, for the implementation of the land legislative package, is been mapped out… Regulations have been drafted for all 3 Acts – and these contain the ’meat’ of how systematic adjudication will be conducted, how registered land will be conveyed and how the land tribunal will consider the, hopefully very few, cases brought before it (experience from elsewhere in the region suggests…. Not many cases, maybe 1 to 2% … rest dealt with in adjudication) Preparatory consultancies are need to inform the programme implementation plan – for example, to look into the best institutional set up for the land registry (part of existing RGD, new department, new semi-autonomous agency, public-private partnership – these are all possibilities) and the human resource needs of the organisation. There will also be an IT consultancy… Some of these consultancies are a requirement of the IDB – an environmental and social impact assessment (what’s good and bad about the programme … what are the risks?) and, because we are dealing with a bank, there must be an economic feasibility study – will the benefits outweigh the costs? More on this question later. Of course, some of the studies we are doing are needed because they are the right thing to do – in particular, given the importance of PR in adjudication, we are commissioning a study to scope the communication needs of the programme, and perhaps even more importantly, how to promote and build individual and community participation.Firstly, we must acknowledge the support of the Inter American Development Bank, who understand and recognise the importance of secure land tenure and land title registration for promoting socio-economic development. IDB have been involved with the Agricultural sector Reform Programme for over 10 years, more recently with the Agricultural Sector Investment Programme, which provided funding for these necessary infrastructural investments, and hopefully, IDB will be supporting us in the future with the land adjudication and registration programme, which is, after all, at the heart of the land administration component of the agricultural sector investment programme Implementation is being driven by a Cabinet appointed Steering Committee, chaired by the permanent secretary of the Ministry of Agriculture Land and Marine resources and comprising representative of key stakeholders – some of whom are here today. An implementation plan, for the implementation of the land legislative package, is been mapped out… Regulations have been drafted for all 3 Acts – and these contain the ’meat’ of how systematic adjudication will be conducted, how registered land will be conveyed and how the land tribunal will consider the, hopefully very few, cases brought before it (experience from elsewhere in the region suggests…. Not many cases, maybe 1 to 2% … rest dealt with in adjudication) Preparatory consultancies are need to inform the programme implementation plan – for example, to look into the best institutional set up for the land registry (part of existing RGD, new department, new semi-autonomous agency, public-private partnership – these are all possibilities) and the human resource needs of the organisation. There will also be an IT consultancy… Some of these consultancies are a requirement of the IDB – an environmental and social impact assessment (what’s good and bad about the programme … what are the risks?) and, because we are dealing with a bank, there must be an economic feasibility study – will the benefits outweigh the costs? More on this question later. Of course, some of the studies we are doing are needed because they are the right thing to do – in particular, given the importance of PR in adjudication, we are commissioning a study to scope the communication needs of the programme, and perhaps even more importantly, how to promote and build individual and community participation.

12. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 12 Some Implementation Challenges Building support Communities and individuals Professional groups Maximising the benefits Complementing ongoing programmes of State land tenure regularisation Sustainability (affordable, accessible, appropriate) Minimising the costs Systematic adjudication can be expensive Build upon and use existing records Establishing a land title register isn’t easy to do, especially when there is something already in place, such as a deeds register. Although well-meaning, the State’s intentions in registering land through systematic adjudication, can be misinterpreted. Those who have good title to their land or property, and have paid an attorney at law to ascertain a good root of title, will not always appreciate the need to submit their deeds to an Adjudication Officer in support of a claim for freehold land – property which they already own! At the other end of the scale, people who don’t have title to the land they are occupying – informally or illegally (depending on your point of view) – may see this as a prelude to impending eviction. In both cases, and everything in between, there may be mistrust, apprehension and even apathy - a concerted effort is needed to build trust and confidence to overcome this. Systematic land adjudication just can’t be done without the cooperation of owners and occupiers. There too will likely be some resistance from stakeholder groups – and two in particular – but even when the case for adjudication and registration is compelling and commonsensical, the case against can be equally as persuasive. When asked……. “Why must the State compile a register and guarantee everyone’s title?” …and you reply… “because this is the best system yet devised and most developed countries have introduced it”, … the retort may be … “well, if it’s so good, why hasn’t it been introduced into the United States?” Well, the answer is, of course, is that it has been …… but failed spectacularly. Not because there wasn’t a need – because there was, and that’s why 19 States, including New York and California, introduced it between 1897 and 1917. The reason for failure, and repeal of the law in 5 States … a law modeled on the Australian Torrens system, which is similar to our own RPO … was resistance by vested interests. In this case, the private sector firms, known then as “title abstract companies” … also as “title plants” and now more familiar as “title insurance companies” who add value and services to the registration of deeds of conveyance. No where else in the world has the private sector responded in this way…maybe the circumstances in the US were unique … but maybe they were and still are the only nation on earth that can afford … quote “the waste and inefficiency of title insurance” unquote. Land title registration can do more than just provide a secure, affordable and effective means of conveying land and and protecting property. As in some many other jurisdictions, the process of compiling the register – systematic adjudication, can, using the legal jargon “quieten titles”, that is, fix title problems. Significantly, adjudication recognises land and peaceful possession of land. Adjudication … (which we have heard is) … “the official ascertainment of rights in land” … has as its cardinal principles … “that it does not, by itself, alter existing rights, or create new ones. (It merely establishes with certainty and finality what rights exists, by whom they are exercised, and to what limitation, if any, they are subject”. Adjudication, cannot, for example, provide a farmer with a new State land agricultural lease. The programme must therefore work with existing programme of land tenure regularisation. (As we heard earlier) … the registration system must be sustainable … once registered, the land must stay registered … informality is a current problem that this new system is designed to fix. To do this, everyone, including the poorest small holder must use the land registry … it must be affordable, accessible and appropriate. On the other side of the coin … are the costs. The Land Registry itself does not need to cost very much to run, and even meager fees in an active land market can cover its operational running costs. The big ticket item is systematic adjudication. Cost is one of the 4 obstacles, usually cited along with the existence of an effective system of deeds registration, opposition of professional groups, and the apathy and apprehension of landowners, as objections against the introduction of registration of title to land. However, obstacles can be overcome, or gone around, and costs can be minimized. Without going into too much detail, this can be achieved by building upon and using wherever possible existing land records – deeds, leases, survey plans. Where there are no land records, adjudication is expensive – and despite the tenure problems that we have, there are many good land records available to us.Establishing a land title register isn’t easy to do, especially when there is something already in place, such as a deeds register. Although well-meaning, the State’s intentions in registering land through systematic adjudication, can be misinterpreted. Those who have good title to their land or property, and have paid an attorney at law to ascertain a good root of title, will not always appreciate the need to submit their deeds to an Adjudication Officer in support of a claim for freehold land – property which they already own! At the other end of the scale, people who don’t have title to the land they are occupying – informally or illegally (depending on your point of view) – may see this as a prelude to impending eviction. In both cases, and everything in between, there may be mistrust, apprehension and even apathy - a concerted effort is needed to build trust and confidence to overcome this. Systematic land adjudication just can’t be done without the cooperation of owners and occupiers. There too will likely be some resistance from stakeholder groups – and two in particular – but even when the case for adjudication and registration is compelling and commonsensical, the case against can be equally as persuasive. When asked……. “Why must the State compile a register and guarantee everyone’s title?” …and you reply… “because this is the best system yet devised and most developed countries have introduced it”, … the retort may be … “well, if it’s so good, why hasn’t it been introduced into the United States?” Well, the answer is, of course, is that it has been …… but failed spectacularly. Not because there wasn’t a need – because there was, and that’s why 19 States, including New York and California, introduced it between 1897 and 1917. The reason for failure, and repeal of the law in 5 States … a law modeled on the Australian Torrens system, which is similar to our own RPO … was resistance by vested interests. In this case, the private sector firms, known then as “title abstract companies” … also as “title plants” and now more familiar as “title insurance companies” who add value and services to the registration of deeds of conveyance. No where else in the world has the private sector responded in this way…maybe the circumstances in the US were unique … but maybe they were and still are the only nation on earth that can afford … quote “the waste and inefficiency of title insurance” unquote. Land title registration can do more than just provide a secure, affordable and effective means of conveying land and and protecting property. As in some many other jurisdictions, the process of compiling the register – systematic adjudication, can, using the legal jargon “quieten titles”, that is, fix title problems. Significantly, adjudication recognises land and peaceful possession of land. Adjudication … (which we have heard is) … “the official ascertainment of rights in land” … has as its cardinal principles … “that it does not, by itself, alter existing rights, or create new ones. (It merely establishes with certainty and finality what rights exists, by whom they are exercised, and to what limitation, if any, they are subject”. Adjudication, cannot, for example, provide a farmer with a new State land agricultural lease. The programme must therefore work with existing programme of land tenure regularisation. (As we heard earlier) … the registration system must be sustainable … once registered, the land must stay registered … informality is a current problem that this new system is designed to fix. To do this, everyone, including the poorest small holder must use the land registry … it must be affordable, accessible and appropriate. On the other side of the coin … are the costs. The Land Registry itself does not need to cost very much to run, and even meager fees in an active land market can cover its operational running costs. The big ticket item is systematic adjudication. Cost is one of the 4 obstacles, usually cited along with the existence of an effective system of deeds registration, opposition of professional groups, and the apathy and apprehension of landowners, as objections against the introduction of registration of title to land. However, obstacles can be overcome, or gone around, and costs can be minimized. Without going into too much detail, this can be achieved by building upon and using wherever possible existing land records – deeds, leases, survey plans. Where there are no land records, adjudication is expensive – and despite the tenure problems that we have, there are many good land records available to us.

13. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 13 Some Cost Comparisons (per parcel) Trinidad & Tobago (Accelerated Land Distribution Programme, 2002) US$ 1,064 Jamaica (Torrens Registration of Title, 2003) US$ 900 St Lucia (adjudication & registration, 1989) US$ 240 Belize (adjudication & registration, 2004) US$ 232 Guyana (State land tenure regularisation, 2003) US$ 107 Peru (registro predial, 2003) US$ 13 - 47 Let’s look at the cost of similar programmes … of title adjudication and tenure regularisation … in the region. The cost is broken down per parcel of land and includes the cost of adjudication – which comprises publicity, demarcation, recording, surveying and mapping, dispute resolution, objections and appeals, and first registration – but not the cost of setting up or strengthening of the land registry. Our target is an ambitious one, but it can be done, as we can see by the figures from Guyana and Peru with programmes that are essentially doing the same thing as adjudication. It is evident that we cannot achieve our target, and be sensible about the costs of the programme, if we continue to follow the procedures used in the past.Let’s look at the cost of similar programmes … of title adjudication and tenure regularisation … in the region. The cost is broken down per parcel of land and includes the cost of adjudication – which comprises publicity, demarcation, recording, surveying and mapping, dispute resolution, objections and appeals, and first registration – but not the cost of setting up or strengthening of the land registry. Our target is an ambitious one, but it can be done, as we can see by the figures from Guyana and Peru with programmes that are essentially doing the same thing as adjudication. It is evident that we cannot achieve our target, and be sensible about the costs of the programme, if we continue to follow the procedures used in the past.

14. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 14 Implementation Programme Outline 10 year programme 420,000 parcels Total cost about US$ 50m Action Phased approach Minister declares first adjudication section in 2006? Where to start? Full programme start 2008? The outline implementation programme for the land adjudication and registration programme comprises… A 10-year programme Systematic adjudication and first registration of about 420,000 parcels of private and State-owned land At a total cost of about 50 million US dollars ( a more exact figure, we are currently working on)… for the mathematicians among you, this is more than 420,000 parcels times 106 dollars per parcel … this figure includes the cost for establishing the new land registry. This requires a plan of action …. There will be a phased approach … not trying to do too much at first, but increasing the momentum as experience is gained When to start? All being well in 2006. Where to start? Possibly where there is the greatest need, (but this hasn’t been decided yet.) All speed ahead … a full programme could be up and running by 2008.The outline implementation programme for the land adjudication and registration programme comprises… A 10-year programme Systematic adjudication and first registration of about 420,000 parcels of private and State-owned land At a total cost of about 50 million US dollars ( a more exact figure, we are currently working on)… for the mathematicians among you, this is more than 420,000 parcels times 106 dollars per parcel … this figure includes the cost for establishing the new land registry. This requires a plan of action …. There will be a phased approach … not trying to do too much at first, but increasing the momentum as experience is gained When to start? All being well in 2006. Where to start? Possibly where there is the greatest need, (but this hasn’t been decided yet.) All speed ahead … a full programme could be up and running by 2008.

15. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 15 In Conclusion … All land registered in one system Real property transactions more secure, quick and less costly Improved tenure security, all land titled, reduced squatting and less land disputes Complete, computerised and accessible land information A World Class land administration system Envisioned by Rounding Up… The goal is socio-economic development through land and capital markets underpinned by secure and efficient real-property transactions for everyone – businesses, small enterprises, families and individuals. The objective is to introduce a land title registration system for all land – State and private – rationalizing the 3 current registries – the deeds registry, RPO registry and State lease registry – into one effective system, which will provide a more secure, quick and less costly means to deal in real property, whether it be to transfer, mortgage, lease, assign or whatever, or simply to hold, to be secure and to enjoy the benefits of owning land. The means to this end can be achieved by the process called adjudication, which although designed to compile the register, can do much more … it can improved tenure security, it will formalize land tenure, it can alleviate squatting by identifying land that can be made available for affordable housing, and releasing land that might otherwise be unavailable or inalienable; and, one would hope, if not less land disputes, then at least easier and cheaper resolution of disputes. These are benefits for civil society and the citizen. The State, and by extension society as a whole, can also benefit through the availability of complete, computerised and accessible land information. A modern national land registration and information system … for a modern, developed country. Rounding Up… The goal is socio-economic development through land and capital markets underpinned by secure and efficient real-property transactions for everyone – businesses, small enterprises, families and individuals. The objective is to introduce a land title registration system for all land – State and private – rationalizing the 3 current registries – the deeds registry, RPO registry and State lease registry – into one effective system, which will provide a more secure, quick and less costly means to deal in real property, whether it be to transfer, mortgage, lease, assign or whatever, or simply to hold, to be secure and to enjoy the benefits of owning land. The means to this end can be achieved by the process called adjudication, which although designed to compile the register, can do much more … it can improved tenure security, it will formalize land tenure, it can alleviate squatting by identifying land that can be made available for affordable housing, and releasing land that might otherwise be unavailable or inalienable; and, one would hope, if not less land disputes, then at least easier and cheaper resolution of disputes. These are benefits for civil society and the citizen. The State, and by extension society as a whole, can also benefit through the availability of complete, computerised and accessible land information. A modern national land registration and information system … for a modern, developed country.

16. Ministry of Agriculture Land and Marine Resources LAND ADJUDICATION AND REGISTRATION PROGRAMME 16 Thank You