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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
    Electrician charged with multiple offenses
    From the Courts, News
    Electrician charged with multiple offenses
    Webmaster 
    September 4, 2026
    A 44-YEAR-OLD electrician of Belair charged with multiple offenses, was granted EC$10,000 bail with one surety when he appeared at the Serious Offence...
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    News
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    Webmaster 
    September 4, 2026
    STUDENTS OFTHE St Joseph’s Convent Kingstown, took the top three places in the third annual Secondary Schools’ Art competition organised by theYoulou ...
    Press Release
    Vincentian Youth invited to be part of health self-advocacy project
    Webmaster 
    September 4, 2026
    THE REPRODUCTIVE Education and Adolescent Community Health (REACH) Project is invites Young People to an Orientation Session to Explore Youth Engageme...
    News
    Nephew pays tribute on behalf of North Leeward
    Webmaster 
    September 4, 2026
    THE NORTH LEEWARD community celebrated the legacy of their former Parliamentary representative Alpian Rudolf Otway Allen, remembering him as a devoted...
    Press Release
    SVG, first in OECS to adopt CARPHA’s Regional Early Warning Surveillance System
    Webmaster 
    September 4, 2026
    STVINCENT ANDTHE Grenadines (SVG) has become the first Member State in the Region to adopt the Regional Integrated Early Warning Surveillance System (...
    Sports
    Local Tennis players earn valuable ranking points
    Webmaster 
    September 4, 2026
    YOUNG VINCENTIAN Tennis players earned themselves valuable ranking points following their participation in the Central American and Caribbean Tennis C...
    News
    Electrician charged with multiple offenses
    From the Courts, News
    Electrician charged with multiple offenses
    Webmaster 
    September 4, 2026
    A 44-YEAR-OLD electrician of Belair charged with multiple offenses, was granted EC$10,000 bail with one surety when he appeared at the Serious Offence...
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    News
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    Webmaster 
    September 4, 2026
    STUDENTS OFTHE St Joseph’s Convent Kingstown, took the top three places in the third annual Secondary Schools’ Art competition organised by theYoulou ...
    News
    Nephew pays tribute on behalf of North Leeward
    Webmaster 
    September 4, 2026
    THE NORTH LEEWARD community celebrated the legacy of their former Parliamentary representative Alpian Rudolf Otway Allen, remembering him as a devoted...
    Two receive Bunpan Scholarships
    News
    Two receive Bunpan Scholarships
    Webmaster 
    September 1, 2026
    The parents of Havanna James and Miccoy Mc Nicholls will see their children start their secondary education come September 7,2026, with much ease and ...
    Digicel expands Full-Fibre Network
    News
    Digicel expands Full-Fibre Network
    Webmaster 
    September 1, 2026
    Telecommunications company Digicel, has announced a major expansion of its end-to-end fiber network across St. Vincent that will put its services with...

    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