It is a common occurrence in Jamaica that persons occupy land through different generations of family and when enquiries are made regarding ownership of the property, a common response is that the property was first occupied by their grandparent who simply saw the land abandoned and began to occupy it as their own; or some relative was previously put into possession of the land on the owner’s behalf but the owner never returned and possession of the land continued through family generations.
In such circumstances, depending on the facts, the property can be argued to have been adversely possessed against the registered owner. Based on Adverse Possession law in Jamaica, if a person’s occupation is open, continuous physical possession of the property for more than 12 years without the owner’s consent, such person would be able to apply for a registered title in their name on the basis of adverse possession.
It is usual that people tend to be laxed about regularizing their ownership of property, a primary deterrent being the legal cost and fees required to do the application; However it is always encouraged that people regularize their occupation of property by obtaining a registered title for the property.
Owning land is an avenue to wealth creation. Benefits of obtaining a registered title include:
- The ability to use property to secure a loan to assist in other venture.
- Creates peace of mind in knowing property has been dealt with.
- Enables property gifting of the property through Will or transfer during lifetime.
- Ability to sell the property if so desired.
- Likelihood of property dispute is reduced.
An application for registered title by adverse possession is usually done through the National Land Agency. The application may be done on your own but it is always recommended to use the services of an attorney at law who would be more familiar with the legal requirements needed to be proven in an application of this nature.
To support an application for adverse possession the following items are needed:
- Survey ID Report showing boundaries of the land
- Application Form completed which would include information relating to the value of land/property in question
- Statutory Declaration of the Applicant
- Supporting statutory declarations from two persons in the community who have lived in the community for over 30 years that can account for your presence on the property
- Certificate of payment of property taxes
- NLA Application fee
The application is submitted to the Office of Titles where the application will be reviewed by the Referee of Titles. Should the Referee be satisfied with the application, the application will be granted and a provisional approval made by the Registrar.
Upon being given the provisional approval, an advertisement will be required to be done in the newspaper notifying everyone of the application. This is done to give the registered owner or any other interested person an opportunity to challenge your application.
Once six weeks have elapsed since the advertisement, the proof of the advertisement referred to as ‘tear sheets’ from the newspaper is to be submitted to the Registrar of Titles and the request made for the Registrar to issue a new title in accordance with the application.
You should also note that if the land being adversely occupied is a government owned land, then the period for any claim of adverse possession has to be supported by occupation on such lands without permission for over 60 years.
If you believe you are eligible to apply for land by way of adverse possession you should consider booking a consultation with us to discuss how we can help you obtain registered title to such property today.
