Adverse Possession Application Jamaica: by Lindo Law, Attorney Kingston, Jamaica

An Adverse Possession Application is one of the formal processes that can be employed to turn your Equitable Interest in a parcel of land (land is defined to also include any building thereon) into a Legal Interest reflected on a Certificate of Title; issued pursuant to the Registration of Titles Act

Adverse Possession Application Jamaica

Legal Requirements:

In order to claim title by adverse possession, you need:

• To be in open, continuous, exclusive and undisturbed possession/control of the relevant land for a minimum of 12 years immediately preceding the date of presentation of the Application to the National Land Agency.

• The Intention to possess the relevant land for a minimum of the 12 years period mentioned above.

• When dealing with unregistered land the period of 30 years must be substituted for the 12 years minimum period mentioned above

• When dealing with Crown Land, the period of 60 years must be substituted for the 12 years minimum period mentioned above.

Required documentation:

The grant of the Title pursuant to the Adverse Possession Application (Squatters Rights) in Jamaica is discretionary and therefore all and any documents that could serve to convince the Referee of Titles that you (the Applicant) are the proper and only Equitable Owner of the subject land is desired and should be presented by you to your Attorney in Kingston, Ocho Rios, Trelawny, Montego Bay, Port Maria, Port Antonio, May Pen, Spanish Town, Morrant Bay, Mandeville; anywhere in Jamaica as a part of your Adverse Possession Application. Such documents include:

1. Original Tax Receipts for all payments made by the applicant in relation to the relevant land.

2. Any utility bill that can connect the applicant to the land, such as water bills or electricity bills that have been paid by the applicant.

3. Photographs of acts of ownership that have been done by the applicant in relation to the land such as construction works done by the Applicant

4. Survey for the land

5. Valuation Report for the land

6. Certificate of Payment of Taxes for the Land;

7. Certified copy title where a title for the land already exists

8. Witnesses who can testify truthfully to your entry upon and interraction with the subject land for the statutory minimum period of time.

9. etc.

*Disclaimer: The above information does not constitute legal advice and is only presented for general information purposes only. Lindo Law makes no warranty as to the accuracy of the above information at the time that the reader has sight of it.