State agricultural leases and proposed residential use

Collect the lease and complete land file

Obtain the executed lease, any lease offer or approval letter, survey plan, receipts and correspondence. Ask the attorney to identify the lessee, term, permitted use, building restrictions, consent clauses and any unresolved breach.

A letter offering or approving a lease and an executed registered lease represent different stages of the transaction. Have the attorney establish the interest currently held and the actions still required before relying on it in a purchase or application.

• State Lands Act, Chapter 57:01
• Registrar General: Land Registry services

Find the administering authority

The Land Management Division lists new leases, renewals, tenancy matters, consents to assignments and mortgages, and approval of building plans on State land among its functions. Regional State Land Units process agricultural files and provide local land-administration services.

Use the lease reference and location when asking where to submit the proposal. Confirm whether the file is held by the Commissioner of State Lands, a regional unit or another named State lessor. For Tobago, confirm the appropriate national or THA route for that parcel.

• Ministry of Land and Legal Affairs: Land Management Division
• Regional State Land Services
• Regional Administration South: State Land Unit
• Tobago House of Assembly

Request a written decision on the proposed use

Describe the whole proposal, including the residential area, remaining agricultural land, access, buildings and any subdivision. Ask which consent or lease procedure applies and what documents are needed.

Ask expressly whether valuation, a premium, revised rent, surrender, a replacement lease or another approval would arise. Obtain the actual assessment and terms for the file before budgeting or agreeing to a sale. Published examples of other cases do not establish your parcel’s charge or entitlement.

• Ministry of Land and Legal Affairs: Land Management Division
• Agriculture Ministry statement on houses on agricultural parcels, 17 February 2021

Coordinate the planning application

Ask TCPD about the planning policy and proposed use. Coordinate the timing with the land authority and the professionals preparing the application. Where the application requires a State-agency stamp or consent, resolve it before relying on the submission as complete.

A proposal for a dwelling on agricultural land requires planning consideration. TCPD’s agricultural-layout guideline expressly addresses dwellings and also describes homestead proposals subject to conditions. Ask which policy applies to your actual scheme.

• TCPD Guideline 6: agricultural layouts
• TCPD planning questions and answers

Questions to settle before spending on construction

Keep these answers in writing with the project record.

• Who holds the legal interest and is entitled to make the application?
• Which lease covenant controls the proposed residential use?
• Which authority must approve a change or issue a new instrument?
• What happens to the remaining agricultural land?
• What amounts have been formally assessed and when are they payable?
• Which planning and building approvals remain outstanding?

How to read the 2021 statement about multiple houses

The Agriculture Ministry’s 17 February 2021 statement discusses State agricultural parcels where additional houses affected agricultural use. It describes case-specific treatment, including a proposal for residential leasing and the remaining land. Use the statement as background to the issue and obtain current written directions for your own lease.

• Agriculture Ministry statement on houses on agricultural parcels, 17 February 2021