Privy Council affirms deed registration priority for volunteers

On April 13, 2026, the Judicial Committee of the Privy Council delivered a landmark judgment in the case of Grant v Jackman, clarifying the application of deed registration priority under Trinidad and Tobago law. The ruling affirmed that the priority scheme established by section 16(1) of the Registration of Deeds Act applies equally to volunteers—individuals who acquire property without providing consideration.

Case Background

The dispute centered on the registration of property deeds and the determination of priority between competing interests. The appellant, Grant, had registered a vesting assent before the respondent, Jackman, registered a prior conveyance. The key issue was whether the priority rules under the Deeds Act favored the earlier registration, regardless of the absence of consideration.

Privy Council's Ruling

The Privy Council allowed the appeal, reinstating the trial judge's order and overturning the Court of Appeal's decision. The judgment clarified that under Trinidad and Tobago law, the order of registration determines priority, even for volunteers. This means that a deed registered earlier holds precedence over a prior unregistered conveyance, irrespective of whether the grantee provided consideration.

Implications for Property Transactions

This ruling has significant implications for property transactions in Trinidad and Tobago. It underscores the critical importance of promptly registering deeds to secure priority interests. Legal practitioners and individuals involved in property dealings must be vigilant in ensuring timely registration to protect their rights. The decision also reinforces the principle that the registration system aims to provide certainty and transparency in property ownership and transactions.