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
    Calliaqua Anglican School wins Grade-5 Mathematics Quiz
    News
    Calliaqua Anglican School wins Grade-5 Mathematics Quiz
    Jada 
    June 15, 2026
    Vedent Shetty of the Calliaqua Anglican School captured first place in the annual Grade 5 Mathematics Quiz, organised by the Ministry of Education, Vo...
    Teachers  accused of causing damage to children
    Front Page
    Teachers accused of causing damage to children
    Webmaster 
    June 12, 2026
    Some members of educational institutions here are causing psychological damage to children who have speech and communication disorders, calling them n...
    Doctor under  investigation for  allegedly striking cop with a vehicle
    Front Page
    Doctor under investigation for allegedly striking cop with a vehicle
    Webmaster 
    June 12, 2026
    Prominent Consultant Urologist and Urologic Surgeon, Dr. Rohan DeShong, who pleaded guilty on one traffic violation count, and not guilty to two other...
    Soca, Ragga Soca artistes to light up Carnival City in Saturday Semi-finals
    Front Page
    Soca, Ragga Soca artistes to light up Carnival City in Saturday Semi-finals
    Webmaster 
    June 12, 2026
    The 22 artistes who will vie for a spot in the Big Bad Soca Monarch finals on Saturday, July 4, 2026, at Carnival City, have been announced and, follo...
    Quarry operations in Richmond may come under review
    Front Page
    Quarry operations in Richmond may come under review
    Webmaster 
    June 12, 2026
    Minister of Tourism and Parliamentary Representative for North Leeward, Dr. Kishore Shallow, says efforts will be made to address concerns surrounding...
    Mother blames  system for destroying her son’s mental health
    Front Page
    Mother blames system for destroying her son’s mental health
    Webmaster 
    June 12, 2026
    A mother of a 27-year-old mentally ill man says the systems, procedures, and policies that are in place to protect and help are the ones that have neg...
    News
    Calliaqua Anglican School wins Grade-5 Mathematics Quiz
    News
    Calliaqua Anglican School wins Grade-5 Mathematics Quiz
    Jada 
    June 15, 2026
    Vedent Shetty of the Calliaqua Anglican School captured first place in the annual Grade 5 Mathematics Quiz, organised by the Ministry of Education, Vo...
    Rural Carnivals set the stage for VincyMas 2026
    News
    Rural Carnivals set the stage for VincyMas 2026
    Webmaster 
    June 12, 2026
    The weekend of June 5-7, 2026, saw the warming up for VincyMas, The Great Escape, as rural carnivals in North Leeward, South Leeward and East St. Geor...
    No official report as yet on police shooting of vehicle at Arnos Vale
    News
    No official report as yet on police shooting of vehicle at Arnos Vale
    Webmaster 
    June 12, 2026
    Up to the time of going to press, the police were yet to release details on one of their operations that involved gunfire and sent people scampering o...
    Government signs MoU to lease Cruise Ship Port
    News
    Government signs MoU to lease Cruise Ship Port
    Webmaster 
    June 12, 2026
    When Global Ports Holdings (GPH) took over the cruise ship port in Nassau, Bahamas, what a cruise ship tourist spends moved from $56 per person/per pa...
    Son jailed for illegal gun and ammo possession; charges against parents withdrawn
    From the Courts, News
    Son jailed for illegal gun and ammo possession; charges against parents withdrawn
    Webmaster 
    June 12, 2026
    A Union Island couple witnessed their son being sentenced to prison for 36 months after the family was initially charged with illegally possessing one...

    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