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
    Man detained  by police,  residents  at ease
    Front Page
    Man detained by police, residents at ease
    Webmaster 
    February 6, 2026
    Although no charge had been formally laid up to press time and no court had found him guilty of any crime, several residents of Cane Garden, Kingstown...
    No mass firings under NDP, says Deputy PM
    Front Page
    No mass firings under NDP, says Deputy PM
    Webmaster 
    February 6, 2026
    Many people expected and wanted the New Democratic Party (NDP) to fire and transfer several public sector employees and workers at statutory corporati...
    Winning election does  not give you ‘unrestrained, unshackled, unbounded  executive power’, says Opposition Leader
    Front Page
    Winning election does not give you ‘unrestrained, unshackled, unbounded executive power’, says Opposition Leader
    Webmaster 
    February 6, 2026
    Opposition Leader Dr. Ralph Gonsalves has made clear that winning an election does not give a political party “unrestrained, unshackled, unbounded exe...
    Convict ‘disappears’ from Kingstown Magistrate’s Court undetected
    Front Page
    Convict ‘disappears’ from Kingstown Magistrate’s Court undetected
    Webmaster 
    February 6, 2026
    THE SENIOR MAGISTRATE, prisoners, lawyers, prosecutors, police officers and members of the public enter and exit the Kingstown Magistrate’s Court thro...
    Man dies in hospital after falling from building under construction
    Front Page
    Man dies in hospital after falling from building under construction
    Webmaster 
    February 6, 2026
    The lack of appropriate Occupation Health and Safety (OHS) practices came to the fore on Wednesday, February 4, 2026 when Lemorne “Spanny” Baptiste, a...
    DR swamps St Kitts/Nevis in opening salvo of CONCACAF Under-17 Qualifier
    Sports
    DR swamps St Kitts/Nevis in opening salvo of CONCACAF Under-17 Qualifier
    Webmaster 
    February 6, 2026
    The Dominican Republic Under-17 national football team slammed five unanswered goals to swamp the St. Kitts and Nevis national Under-17 football team ...
    News
    Woman said alleged mentally ill man kicked her in the back
    News
    Woman said alleged mentally ill man kicked her in the back
    Webmaster 
    February 6, 2026
    A routine Monday morning turned into a traumatic ordeal for Ronika Medford, who said she was assaulted without provocation while walking to work. Reco...
    On deportees/refugees “you have to get it right”, says National Security Minister
    News
    On deportees/refugees “you have to get it right”, says National Security Minister
    Webmaster 
    February 6, 2026
    The United States of America’s (USA) decision to ask Caribbean nations to accept third country refugees and deportees “is a very touchy and controvers...
    SVG receives US$3m social relief grant from Taiwan
    News
    SVG receives US$3m social relief grant from Taiwan
    Webmaster 
    February 6, 2026
    The Government of St Vincent and the Grenadines received a US$3 million social relief grant from Taiwan on Tuesday, January 3, 2026. The funds were pr...
    New positions added to Ministry of National Security
    News
    New positions added to Ministry of National Security
    Webmaster 
    February 3, 2026
    A TOTAL OF 66 new positions have been added to the Ministry of National Security to help combat crime in St Vincent and the Grenadines. Prime Minister...
    Minister of Airports and Seaports promises to take care of Southern Grenadines’ needs
    News
    Minister of Airports and Seaports promises to take care of Southern Grenadines’ needs
    Webmaster 
    February 3, 2026
    LONG SERVING MEMBER of Parliament for the Southern Grenadines, Terrance Ollivierre, has promised to never disappoint the people who have been electing...

    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