Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • 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
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • 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
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • 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
    Family wants justice for man who died after falling from building
    Front Page
    Family wants justice for man who died after falling from building
    Forrest 
    March 10, 2026
    The funeral service for the construction worker who died after falling from a building under construction in Villa earlier this month, was punctuated ...
    NDP gov’t placing the nation’s airports high on their agenda
    Front Page
    NDP gov’t placing the nation’s airports high on their agenda
    Forrest 
    March 10, 2026
    Airports are critical infrastructure for tourism and the economy, and with that in mind, the new administration has placed the nation’s airports high ...
    Issue involving dual citizenship of MPs is ‘not a frivolous matter’
    Front Page
    Issue involving dual citizenship of MPs is ‘not a frivolous matter’
    Forrest 
    March 10, 2026
    Opposition Leader, Dr. Ralph Gonsalves has publicly disagreed with Prime Minister Dr. Godwin’s Friday’s position on a matter which is now before the c...
    Unite to end discrimination and disrespect – SIPA Chair
    Front Page
    Unite to end discrimination and disrespect – SIPA Chair
    Forrest 
    March 10, 2026
    People who live communities in the North Windward Constituency are being encouraged to unite in an effort to end discrimination and disrespect. That c...
    Dr Ralph Gonsalves is Senior Advisor of ‘Repair’ Campaign
    Front Page
    Dr Ralph Gonsalves is Senior Advisor of ‘Repair’ Campaign
    Forrest 
    March 10, 2026
    Former Prime Minister Dr. Ralph Gonsalves, is now a Senior Advisor and Elder for The Repair Campaign, lending his expertise to the regional reparation...
    FAO seeking solutions to protect the Caribbean Spiny Lobster
    Press Release
    FAO seeking solutions to protect the Caribbean Spiny Lobster
    Forrest 
    March 10, 2026
    Across the Caribbean, thousands of fishers rely on the spiny lobster for income and food security. However, the fishery is increasingly under threat f...
    News
    Facilities were not available to host Americas Netball Qualifiers, says PM
    News
    Facilities were not available to host Americas Netball Qualifiers, says PM
    Forrest 
    March 10, 2026
    Prime Minister Dr. Godwin Friday said the facilities were not available to host the Netball Americas World Cup Qualifiers at Arnos Vale that were slat...
    Opposition Leader tells PM Friday don’t develop ‘amnesia’
    News
    Opposition Leader tells PM Friday don’t develop ‘amnesia’
    Forrest 
    March 10, 2026
    Opposition Leader, Dr. Ralph Gonsalves is cautioning Prime Minister Dr. Godwin Friday not to get amnesia regarding past conduct instigated or supporte...
    SVG likely to face higher energy costs within 12 months – PM
    News
    SVG likely to face higher energy costs within 12 months – PM
    Forrest 
    March 10, 2026
    Prime Minister, Dr. Godwin Friday, outlined several regional and international matters during a press conference on March 3, 2026, following the 50th ...
    US$ 50 million for water improvements in SVG
    News
    US$ 50 million for water improvements in SVG
    Forrest 
    March 10, 2026
    Prime Minister, Dr. Godwin Friday, has announced a major climate resilience and water infrastructure initiative valued at approximately US$50 million,...
    Caribbean countries phase out Cuban doctors; French hospital welcomes them
    News
    Caribbean countries phase out Cuban doctors; French hospital welcomes them
    Forrest 
    March 10, 2026
    As pressure from the United States forces Caribbean governments to alter plans utilizing Cuban medical personnel, a hospital in France is planning to ...

    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