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
    Chinese Medics injects new technology into Barbados’ Health System
    News
    Chinese Medics injects new technology into Barbados’ Health System
    Webmaster 
    August 1, 2026
    The eighth Chinese Medical Team to Barbados has introduced two first-of-their-kind medical technologies to the island's healthcare system, while expan...
    China helps Barbados rebuild National Stadium
    News
    China helps Barbados rebuild National Stadium
    Webmaster 
    August 1, 2026
    The Barbados National Stadium in Waterford, St. Michael, is being rebuilt on the exact site where the now demolished facility once stood, with the red...
    Election petition battle adjourned
    Front Page
    Election petition battle adjourned
    Webmaster 
    July 31, 2026
    ONE OF THE MOST signifi cant cases in this young nation’s history is currently being argued before Justice Gertel Thom in Kingstown. Lawyers for the p...
    Teenaged murder accused gets bail in landmark ruling
    Front Page
    Teenaged murder accused gets bail in landmark ruling
    Webmaster 
    July 31, 2026
    A LONG-STANDING STATUTORY BARRIER was shattered in the High Court of Justice after a 16-year-old murder accused was granted a historic EC$25,000 bail....
    Brianna’s death tears at Heartstrings
    Front Page
    Brianna’s death tears at Heartstrings
    Webmaster 
    July 31, 2026
    TRAGEDY TURNED ITS ugly face on the quiet island of Bequia Wednesday as a vehicular accident robbed twelve year old Brianna Veira of her once very act...
    Opposition Leader says registering at NDP party office for road work is inappropriate
    Front Page
    Opposition Leader says registering at NDP party office for road work is inappropriate
    Webmaster 
    July 31, 2026
    OPPOSITION LEADER Dr. Ralph Gonsalves has described as inappropriate, the decision by Government to call for people to register for the annual road cl...
    News
    Chinese Medics injects new technology into Barbados’ Health System
    News
    Chinese Medics injects new technology into Barbados’ Health System
    Webmaster 
    August 1, 2026
    The eighth Chinese Medical Team to Barbados has introduced two first-of-their-kind medical technologies to the island's healthcare system, while expan...
    China helps Barbados rebuild National Stadium
    News
    China helps Barbados rebuild National Stadium
    Webmaster 
    August 1, 2026
    The Barbados National Stadium in Waterford, St. Michael, is being rebuilt on the exact site where the now demolished facility once stood, with the red...
    ‘Foot on Neck’, Shipping fees stifling youth
    News
    ‘Foot on Neck’, Shipping fees stifling youth
    Webmaster 
    July 31, 2026
    by: JADA CHAMBERS OWNER OF PEAK Auto Care, Stephen Ferdinand, strongly believes that shipping agencies across St.Vincent and the Grenadines have place...
    Officers death deemed a suicide by investigators
    News
    Officers death deemed a suicide by investigators
    Webmaster 
    July 31, 2026
    THE DEATH of Police Constable 1116 Kenrick Scott has been officially deemed a suicide by the Royal Saint Vincent and the Grenadines Police Force(RSVGP...
    Dr Friday pushes ahead with CBI despite warnings
    News
    Dr Friday pushes ahead with CBI despite warnings
    Webmaster 
    July 31, 2026
    DESPITE the many warning signs pointing to the demise of Citizenship by Investment programmes, not just in the Caribbean but in other parts of the wor...

    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