Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
September 1, 2006

Possessory Title 2

You are occupying a piece of land which belongs to another person. You did not pay for it. You have been living there for twelve or more years. You have never paid rent, no one ever came to evict you or establish a right. You have had continuous undisturbed occupation. Or perhaps you are occupying lands that your mother and grandmother owned for years but you have no document to show ownership. You have been paying the taxes due. You may have a case for possessory title.{{more}}

You can require your lawyer to make the appropriate application in pursuant to the Possessory Title Act, No. 38 of 2004. The application is made on prescribed form and requires a description of the land and the boundaries. In other words you need to have a plan of the land. This means that the land must be surveyed. The estimated value of land must also be provided.

Notice of application

You need to state the basis on which adverse occupation is claimed. In other words you must state how you came into possession of the land whether you acquired through parents or self. You must of necessity state whether any other person has made a claim or is “capable of making a claim.” This occurrence is likely to cause the claim to fail and persons who are claiming might be evasive. However, whether the applicant is forthcoming or not is not important as provision is made in the Act to bring the application to the notice of everyone and this question may be answered later on. A notice of the application must be circulated in at least two newspapers in St. Vincent and the Grenadines. The second notice must be posted not less than two months after the first issue.

The Applicant also has a duty to give the name, if any, of the person who owned the property before the period of adverse possession. This would require a search to be conducted at the Land Registry.

The application has to be accompanied by an affidavit sworn by the applicant and two from persons who know about the land and the adverse possession. These affidavits would be done in support of the application. Absence of supportive affidavits from persons need not cause the application to fail as the judge will still review the application to determine its merits.

Filing of application

During the two months between when the first and last notices are published in the newspaper, the applicant has the duty to post other notices as required by law. One notice must be posted at the Land Registry in Kingstown and another at a conspicuous place in the Magistrate Court building in the district in which the land is situated.

The applicant also has the duty within twenty-one days of the filing of the application to serve persons living on properties adjoining the property for which he seeks the possessory title. Where the owner of the land cannot be found he must place notice on the property itself.

Any person who might have a claim to the property could enter an appearance and within twenty-one days of the appearance, file a claim with information as to the name of the claimant and the facts relevant to his/her claim.

• Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Mirage is Band of the Year – Band celebrates legacy of founder ‘Becks’
    Front Page
    Mirage is Band of the Year – Band celebrates legacy of founder ‘Becks’
    Webmaster 
    July 10, 2026
    Rebecca Gonsalves, daughter of Lennox ‘Becks’ Gonsalves, founder of Mirage Productions feels very proud that the band has won the ‘Band of the Year’ t...
    Thomas’ lyrical skills, musical abilities win him Ragga Soca title
    Front Page
    Thomas’ lyrical skills, musical abilities win him Ragga Soca title
    Webmaster 
    July 10, 2026
    He moved from third place in 2025 to this year, capturing the Ragga Soca Monarch title, with his ‘Here to Stay’ a song that reiterates that Soca is he...
    Problem  Child is King of the Road again
    Front Page
    Problem Child is King of the Road again
    Webmaster 
    July 10, 2026
    Shertz “Problem Child” James has once again taken the Road March title for VincyMas, completing a hat trick, and registering his sixth win. The prolif...
    Chanique takes calypso crown at first try
    Front Page
    Chanique takes calypso crown at first try
    Webmaster 
    July 10, 2026
    Chanique Rogers-Bailey was on Sunday, July 5, crowned Calypso Monarch 2026, at Independence Park (formerly Victoria Park) in her first attempt enterin...
    Jasper  wins Soca Monarch title by one point
    Front Page
    Jasper wins Soca Monarch title by one point
    Webmaster 
    July 10, 2026
    He took to the stage close to 5:00 a.m as the sun rose in the east, performing at No 15. However, Jasper ‘Jasper YMC’ Alexander, with his ”Rum Island”...
    EU gives OECS countries deadline to phase out CBI programmes
    Front Page
    EU gives OECS countries deadline to phase out CBI programmes
    Webmaster 
    July 10, 2026
    The five Eastern Caribbean states with active Citizenship by Investment (CBI) Programmes, have been given until June 1, 2028 to phase out their progra...
    News
    Curtains come down on VincyMas 2026
    News
    Curtains come down on VincyMas 2026
    Webmaster 
    July 10, 2026
    J’Ouvert Fanatics monopolised the competition by securing a staggering seven first-place finishes in the 2026 J’ouvert results on the morning of Monda...
    Ministry of Education  considering plan to help boys boost academic performance
    News
    Ministry of Education considering plan to help boys boost academic performance
    Webmaster 
    July 10, 2026
    The Ministry of Education is considering the introduction of a gender-targeted literacy and student engagement programme as part of a broader strategy...
    Flow of CDC shows marred by late start
    News
    Flow of CDC shows marred by late start
    Webmaster 
    July 10, 2026
    Official shows at Independence Park organised by the Carnival Development Corporation (CDC), were plagued by late starts, long breaks, and unexplained...
    Lewis to build on strong foundation as new Executive Director of NIS
    News
    Lewis to build on strong foundation as new Executive Director of NIS
    Webmaster 
    July 10, 2026
    Effective July 1, 2026, Ronette Lewis, formerly Chief Executive Officer at the Centre for Enterprise Development (CED), officially took on the role of...
    Police investigating death of 84-year-old  sister of former Minister
    News
    Police investigating death of 84-year-old sister of former Minister
    Webmaster 
    July 10, 2026
    Lida Lewis, an 84-year-old farmer who has residency in the United States of America (USA), was found dead at around 12:50 p.m. on Thursday July 2, 202...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok