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What documents do you need to have in place in order to be able to sell your property in Trinidad and Tobago?
- Of course it speaks for itself that you need to have a proper Deed (whether Freehold or Leasehold) free of all encumbrances such as outstanding taxes, water rates, debts, etc. A Mortgage is not considered as a encumbrances, as long as you inform the Mortgage Company of your plans and do not sell the property below the outstanding Mortgage. When you get a buyer for your property, you have to notify your Mortgage Company and submit a copy of the Agreement of Sales signed by the buyer and yourself at the time the deposit was made. Make sure this is done by an Attorney-at-Law or a qualified Real Estate Agency. If there is more than one owner to your property, make sure everyone agrees to sell (have signed statements if necessary) and that everyone is still alive. In case there are more owners to the property, and one or more owners are not alive anymore, make sure that letters of Administration and Probate have been filed and granted. Also according the type of Deed (R.P.O. [Real Property Ordinance] or Common Law) an ascent has to be done and a Death Certificate has to be provided and submitted to the purchaser's Attorney.
- The original receipt of the last paid Land (and building) Taxes. Needles to say that this always has to be updated. Land and building taxes are owed from the First of January of every New Year.
- Cadastral Sheet - or Surveyor plan in more known terms - which outlines the boundaries, size and measurements of the land. This is not a necessity in order to sell a property, but it certainly is a plus if you can show a prospect what and most of all where they are buying. It is a MUST however if you are selling a parcel of land in a New Development which falls under the R.P.O. In this case you have to submit 2 original Cadastrals of the parcel to be sold and a copy of the Approved Development.
- Once you have a buyer for your property, which is usually when a deposit is made, you have to apply for a WASA Clearance Certificate. This has to be done whether or not it is house and land or land alone and also if Water rates were never paid.
Over the last few years no Attorney does a conveyance if the Vendor can not produce a WASA Clearance Certificate. As mentioned above, you do not do this before you have received the required deposit and you are sure you have a buyer for your property, because the cost for the application for the WASA Clearance Certificate is TT$460.00. for Domestic, and TT$862.50. for Commercial and even Agricultural properties.
In order to be able to apply for the WASA Clearance Certificate you first need to get a Certificate of Assessment which has to be obtained at the relevant office of the Board of Inland Revenue (Wardens Office), and depending on the district it might cost TT$10. or TT$20. to get this Certificate.
When your application is in and you paid the required fees you can expect to pick the Clearance Certificate up within 3 weeks. I advice however to regularly keep checking them by phone until they tell you that it's ready.
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