Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
December 9, 2011

Possessory Title revisited

The new form of possessory title was approved in Act No. 38 of 2004 and since that Act many applications have been granted by the court. Prior to this there was the Declaration of Possessory title where a person could make a declaration about having a property in his or her possession for twelve or more years and then register and have the document lodged at the land Registry.{{more}} No rigorous scrutiny was taken and the person could have this title without the knowledge of the rightful owner. Subsequent directives in the form of Practice Directions have been initiated since the inception of the Act, and this week we take another look.

I must first mention that not every country has possessory title provisions. The main reason for this provision was to provide a service to allow persons to own property which belonged to their foreparent or that they had occupied for many years without a challenge. Many persons in the early days might have bought land and only obtained a receipt with the effect that a title is unavailable to pass on to their children. In other words, no deed was prepared to show title.

However, a proper deed is needed to approach the bank for money to develop a property. It might have been this reason why the lawmakers decided to make it possible for deserving persons to own property belonging to their foreparents or which they occupy without challenge for more than twelve years.

Almost every week there are notices in the newspapers reminding us that applications for possessory title are being processed. There are persons who complain about the practice as there is still the chance that some undeserving person will apply and succeed. So you have to scan these notices to make sure that your property is not subject of an application. There are persons who feel that the procedure is stressful and expensive for land that is rightfully theirs. The newspapers benefit from this procedure, as notices must be posted four times. The legal fees are minimal in comparison to the amount of work that is involved. The land must be surveyed and surveyor’s fees could be $1,5000 or more, and this survey plan must not be more than three years old. It must name the person who orders it. If the land was surveyed before it must be surveyed again so as to get the applicant’s name on the survey plan. Even though you are appointing the surveyor to do a survey plan, you must place the name of your relative overseas who is making the application. Then there must be a valuation that must not be more than three years old.

All the persons adjacent to the land must be informed about the possessory title application, and for this reason a bailiff must be employed to serve notices on them. Bailiff fees vary depending on the distance from Kingstown. A person in Georgetown might have to pay up to $120 for this service, while one around Kingstown might pay $20 to $25. Then affidavits of service have to be filed. Affidavits carry filing fees of $15.00 each. The applicant must show compliance with the Act, and certificates from the magistrate and the Registrar must be presented to show that the notices were displayed. There is a court hearing. If some one challenges the application, it becomes more drawn out. The end product is a deed that could be accepted by banks as collateral for a mortgage. The procedure could last for more than one year. A possessory title is for deserving persons, and not for imposters.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Vincentians  celebrate African  Heritage
    Front Page
    Vincentians celebrate African Heritage
    Webmaster 
    August 7, 2026
    The Department of Culture is regarding this year’s Emancipation Month celebrations as presenting an opportunity for Vincentians to reflect on their Af...
    No bail for man charged with  ‘Savage’ murder
    Front Page
    No bail for man charged with ‘Savage’ murder
    Webmaster 
    August 7, 2026
    A Georgetown man, whose lawyer requested bail on the same premise as the historic Antonique Thomas ruling, was denied bail after he allegedly shot a m...
    PM urges VINLEC to be mindful of consumers
    Front Page
    PM urges VINLEC to be mindful of consumers
    Webmaster 
    August 7, 2026
    Prime Minister and Minister of Finance, Godwin Friday, is urging the St. Vincent Electricity Services Limited (VINLEC) to be mindful of consumers as V...
    Watchman escapes gunman in Kingstown Cemetery shooting
    Front Page
    Watchman escapes gunman in Kingstown Cemetery shooting
    Webmaster 
    August 7, 2026
    Residents of Rose Place/Bottom Town, no strangers to gunshots, were last Wednesday, August 5, 2026 greeted by the familiar sound of heated projectiles...
    Biggest Party in Sports comes to town
    Front Page
    Biggest Party in Sports comes to town
    Webmaster 
    August 7, 2026
    The Arnos Vale Playing Field will take on a Carnival like setting, from today, Friday, August 7 to Sunday, August 9, 2026, as the Republic Bank Caribb...
    Man succumbs to injuries after Police-involved shooting
    Front Page
    Man succumbs to injuries after Police-involved shooting
    Webmaster 
    August 7, 2026
    A man who is said to have grabbed/stolen money from a bingo event and later brandished a cutlass when approached by a police officer was shot, and lat...
    News
    Scotsman shot dead in Canouan to be buried at home, Friday, August 21
    News
    Scotsman shot dead in Canouan to be buried at home, Friday, August 21
    Webmaster 
    August 7, 2026
    Funeral plans have been announced for former international peacekeeper Daniel “Danny” Vettrino, from Dysart, Fife, who was shot dead in Canouan, on We...
    South Leeward and Central Kingstown have highest number of males in prison
    News
    South Leeward and Central Kingstown have highest number of males in prison
    Webmaster 
    August 7, 2026
    Inmates from South Leeward and Central Kingstown constitute over a quarter of the male prison population in St. Vincent and the Grenadines (SVG). The ...
    Splectron launches online shopping mall
    News
    Splectron launches online shopping mall
    Webmaster 
    August 7, 2026
    Have you ever wanted to buy an item or access a service in St Vincent and the Grenadines (SVG) and have no idea where to turn? Regis “Splectron” Willi...
    China invests US$ 66 million to boost Barbados’ climate resilience and sustainable development
    News, Regional / World
    China invests US$ 66 million to boost Barbados’ climate resilience and sustainable development
    Webmaster 
    August 5, 2026
    The Embassy of the People’s Republic of China, through its Embassy in Barbados, has highlighted to regional journalists several major development init...
    SVG EX Teachers present movie projector to J.P Eustace Memorial
    News
    SVG EX Teachers present movie projector to J.P Eustace Memorial
    Webmaster 
    August 4, 2026
    THE DR J.P EUSTACE Memorial Secondary School, on Tuesday, July 21, 2026, was the recipient of a movie projector, compliments the St Vincent and the Gr...

    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