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
    1,500 get Salvation Army Christmas hampers
    Front Page
    1,500 get Salvation Army Christmas hampers
    Webmaster 
    December 19, 2025
    THE SALVATION ARMY continued its long-standing tradition of community outreach with the distribution of 1,500 Christmas hampers on Tuesday, December 1...
    Herbert recalled as Clerk of House
    Front Page
    Herbert recalled as Clerk of House
    Webmaster 
    December 19, 2025
    NICOLE HERBERT, who served as Clerk of the House of Assembly for 25 years has been called out of retirement for active service. A notice dated Decembe...
    2025 Nine Morning Festival launched
    Front Page
    2025 Nine Morning Festival launched
    Webmaster 
    December 19, 2025
    THE 2025 national Christmas and Nine Mornings Festival was launched on Sunday, December 14, with a colourful parade through the streets of Kingstown i...
    Pharmacists breaking the Law on Cannabis, Officer says
    Front Page
    Pharmacists breaking the Law on Cannabis, Officer says
    Webmaster 
    December 19, 2025
    SECOND IN COMMAND of the Narcotics Unit of the Royal St Vincent and the Grenadines Police Force (RSVGPF), Sergeant Shaun Chandler, said some pharmacie...
    Expletive-laced allegations made against police
    Front Page
    Expletive-laced allegations made against police
    Webmaster 
    December 19, 2025
    TWO SENIOR POLICE officers who listened to an expletive-laced voice note where a female is accusing a male police officer of trying to solicit sex fro...
    Police aim to increase number of crime-fighting awareness and education(+Video)
    Front Page
    Police aim to increase number of crime-fighting awareness and education(+Video)
    Webmaster 
    December 19, 2025
    THE ROYAL ST VINCENT and the Grenadines Police Force (RSVGPF) mounted an exhibition on Wednesday, December 17, as part of its annual Crime Prevention ...
    News
    PM advises youth to participate in Nine Mornings
    News
    PM advises youth to participate in Nine Mornings
    Webmaster 
    December 19, 2025
    PRIME MINISTER of St Vincent and the Grenadines (VG), Dr. Godwin Friday, has encouraged youth to participate in the festivities. Dr. Friday was the fe...
    ‘Ronnie’ given credit for Traffic Angels’ win in Police Carolling Contest
    News
    ‘Ronnie’ given credit for Traffic Angels’ win in Police Carolling Contest
    Webmaster 
    December 19, 2025
    MEMBERS of the Traffic department won the Police Carolling Contest for the third consecutive year on Friday, December 12, 2025, at the Central Police ...
    Nurses urging more persons to become blood donors
    News
    Nurses urging more persons to become blood donors
    Webmaster 
    December 19, 2025
    WHENYOU DONATE blood, you not only help to save a life, you are given a full medical check-up that is beneficial. Nurse Rachael Greaves, who draws blo...
    NSPD says thanks and looks forward for continued assistance
    News
    NSPD says thanks and looks forward for continued assistance
    Webmaster 
    December 19, 2025
    VICE PRESIDENT OF the National Society for Persons with Disabilities (NSPD),Terrance Davis has expressed gratitude for all the donations that the orga...
    Gibson-Velox urges the public to report child abuse
    News
    Gibson-Velox urges the public to report child abuse
    Webmaster 
    December 19, 2025
    MINISTER OF FAMILY, Gender Affairs, Persons with Disabilities, Occupational Safety and Labour Laverne Gibson-Velox, is urging people to report cases o...

    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