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
    The multilateral system undermined-Dr Gonsalves
    Front Page
    The multilateral system undermined-Dr Gonsalves
    Webmaster 
    January 6, 2026
    LEADER of the Opposition, Dr. Ralph Gonsalves, at a press conference yesterday, January, 5 2026, commented on “the matter in Venezuela and the presenc...
    ULP did not plan to send home housing workers – Dr Ralph Gonsalves
    Front Page
    ULP did not plan to send home housing workers – Dr Ralph Gonsalves
    Webmaster 
    January 6, 2026
    THE 180 WORKERS and housing assessors who were dismissed at the end of 2025 from the Reconstruction/ Rehabilitation Programme that was being run by th...
    Venezuelan Ambassador gravely concerned about safety of the region
    Front Page
    Venezuelan Ambassador gravely concerned about safety of the region
    Webmaster 
    January 6, 2026
    AMBASSADOR of Venezuela to St Vincent and the Grenadines (SVG), Perez Santana, has expressed grave concern about the safety of the region following th...
    SVG Tourism still untapped says PM Friday
    Front Page
    SVG Tourism still untapped says PM Friday
    Webmaster 
    January 6, 2026
    THE POTENTIAL OF St Vincent and the Grenadines (SVG), as it relates to tourism, and other economic drivers is untapped. This is the assessment of Prim...
    SVG emerges as New Caribbean Hotspot
    Front Page
    SVG emerges as New Caribbean Hotspot
    Webmaster 
    January 6, 2026
    ST.VINCENT ANDTHE GRENADINES (SVG), is seeing a boom in US tourism with a 49. 5% increase in arrivals. Once a quiet, off-the-radar destination, St. Vi...
    SVG CUBA Friendship Society condemns US military action in Venezuela
    Press Release
    SVG CUBA Friendship Society condemns US military action in Venezuela
    Webmaster 
    January 6, 2026
    THE SVG CUBA FRIENDSHIP SOCIETY has described the US military incursion into Venezuela on Saturday, January 3 2026 as a “Violation of Venezuela’s sove...
    News
    Poetry gave best-selling author her wings (+Video)
    News
    Poetry gave best-selling author her wings (+Video)
    Webmaster 
    January 6, 2026
    BEST-SELLING AUTHOR, educator and cultural practitioner, Zenna Lewis is currently working on her third and fourth publications, even as she sends a wo...
    Murder-accused to be back in court February 2
    From the Courts, News
    Murder-accused to be back in court February 2
    Webmaster 
    January 6, 2026
    A MAN WHO is alleged to have killed his nephew during an argument is expected back at the Serious Offences Court for his second court appearance on Fe...
    Youth takes out his jealousy on rival’s glass windows
    From the Courts, News
    Youth takes out his jealousy on rival’s glass windows
    Webmaster 
    January 6, 2026
    AYOUNG MAN, who broke his ex-girlfriend’s new boyfriend’s glass window and damaged his tiles on Christmas night was given a suspended sentence and ord...
    Questelles school to be rebuilt within three months
    News
    Questelles school to be rebuilt within three months
    Webmaster 
    January 6, 2026
    THE PORTION OF the Questelles Government School that was ravaged by fire on the afternoon of December 29, 2025 should be back in operation by April, 2...
    Dr. Friday promises best practices in Parliament
    News
    Dr. Friday promises best practices in Parliament
    Webmaster 
    January 6, 2026
    PRIME MINISTER, Dr. Godwin Friday said his government is fully committed to upholding the Constitution of St Vincent and the Grenadines (SVG) in the H...

    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