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
      • Privacy Policy
      • 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
      • 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
    Draadon Ackie is first in CPEA
    Front Page
    Draadon Ackie is first in CPEA
    Webmaster 
    June 26, 2026
    “WITH GOD, all things are possible.” These words became the bible verse of affirmation for Draádon Ackie, the top performer in the 2026 Caribbean Prim...
    Four KPS students in CPEA top 10
    Front Page
    Four KPS students in CPEA top 10
    Webmaster 
    June 26, 2026
    FOUR STUDENTS of Kingstown Preparatory School have secured places among the top 10 performers in the 2026 Caribbean Primary Exit Assessment (CPEA). Th...
    Michael Febuary continues family legacy
    Front Page
    Michael Febuary continues family legacy
    Webmaster 
    June 26, 2026
    IN 2011, Eric Febuary placed second overall in the Common Entrance examinations. Now 15 years later, his younger brother, Michael has continued his fa...
    Philan Lewis placed 4th for boys, 6th overall
    Front Page
    Philan Lewis placed 4th for boys, 6th overall
    Webmaster 
    June 26, 2026
    A CELEBRATORY TRIP, a shopping spree, or a special gift of his own choice may well be in store for Philan Lewis, who placed fourth for boys and sixth ...
    Juliano shocked he made the top three
    Front Page
    Juliano shocked he made the top three
    Webmaster 
    June 26, 2026
    HE FELT “OVERJOYED and shocked” and while Dickson Methodist School student, Juliano Ryan expected to pass the CPEA Examination with good grades, he di...
    James takes legal action against the State on behalf of mentally ill man
    Front Page
    James takes legal action against the State on behalf of mentally ill man
    Webmaster 
    June 26, 2026
    LAWYER, AND FORMER government minister, Carlos James, is moving to take legal action against the State, and has issued a formal letter of notice to th...
    News
    Damien wanted to make his parents and his school proud
    News
    Damien wanted to make his parents and his school proud
    Webmaster 
    June 26, 2026
    DAMIEN FRANKLYN of the Windsor Primary School placed 9th overal,l and 6th for boys, with a 100% for Social Studies,98 % for Science, 96% in Math and 8...
    Akili Neverson, Sugar Mill Academy’s top 10 achiever
    News
    Akili Neverson, Sugar Mill Academy’s top 10 achiever
    Webmaster 
    June 26, 2026
    AKILI NEVERSON of the Sugar Mill Academy obtained a 100% for Science and a 97.2 % overall to earn one of the top ten spots in the 2026 Caribbean Prima...
    Close to 1,000 graduate from SVG Community College
    News
    Close to 1,000 graduate from SVG Community College
    Webmaster 
    June 26, 2026
    MORE THAN 900 STUDENTS graduated from the various divisions of the St.Vincent and the Grenadines Community College (SVGCC) during its 2026 graduation ...
    VincyMas 2026 opens with Calypso semi’s tonight
    News
    VincyMas 2026 opens with Calypso semi’s tonight
    Webmaster 
    June 26, 2026
    THE CALYPSO SEMI-FINALS are slated for today, June 26, marking the official opening of VincyMas 2026 under the theme ‘The Great Escape’. The semi-fina...
    Scots man shot and killed on Canouan
    News
    Scots man shot and killed on Canouan
    Webmaster 
    June 26, 2026
    AN EXPATRIATE was shot and killed on the Grenadine island of Canouan on Wednesday June 24e 2026, sending the homicide count in St Vincent and the Gren...

    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