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
    Thousands headback to school
    Front Page
    Thousands headback to school
    Webmaster 
    September 8, 2026
    THE MAJORITY of primary, secondary, and technical- vocational institutions across St Vincent and the Grenadines (SVG), officially reopened their doors...
    NDP benefitting from ULP ‘windfall’ – Opposition Leader
    Front Page
    NDP benefitting from ULP ‘windfall’ – Opposition Leader
    Webmaster 
    September 8, 2026
    LEADER OFTHE OPPOSITION Dr. Ralph Gonsalves said without certain “windfalls”, created by the Unity Labour Party (ULP) administration, the current gove...
    ‘Start swimming or sink like a spoon’ PM Friday warns
    Front Page
    ‘Start swimming or sink like a spoon’ PM Friday warns
    Webmaster 
    September 8, 2026
    PRIME MINISTER DR. GODWIN FRIDAY has warned that regional administrations must “start swimming or sink like a spoon,” as he called for a comprehensive...
    Questions on bail arise after known criminal is charged again
    Front Page
    Questions on bail arise after known criminal is charged again
    Webmaster 
    September 8, 2026
    QUESTIONS ARE AGAIN being raised about the granting of bail to people who have been charged with serious crimes. The recent discussions have been spur...
    Forty-five young people prepared to help bolster food security
    News
    Forty-five young people prepared to help bolster food security
    Webmaster 
    September 8, 2026
    ST.VINCENT ANDTHE Grenadines (SVG) took another step toward secure food systems when, on August 25, 2026 forty-five interns received certificates at t...
    From the Courts, News
    Labourer on theft and ammo charges return to court on September 22
    Webmaster 
    September 8, 2026
    A 30-YEAR-OLD labourer of Rillan Hill/Pole Yard who pleaded not guilty to multiple theft charges and illegal firearm and ammunition possession will re...
    News
    Forty-five young people prepared to help bolster food security
    News
    Forty-five young people prepared to help bolster food security
    Webmaster 
    September 8, 2026
    ST.VINCENT ANDTHE Grenadines (SVG) took another step toward secure food systems when, on August 25, 2026 forty-five interns received certificates at t...
    From the Courts, News
    Labourer on theft and ammo charges return to court on September 22
    Webmaster 
    September 8, 2026
    A 30-YEAR-OLD labourer of Rillan Hill/Pole Yard who pleaded not guilty to multiple theft charges and illegal firearm and ammunition possession will re...
    From the Courts, News
    Three charged with possessing items for use in commission of an offense
    Webmaster 
    September 8, 2026
    The Royal St Vincent and the Grenadines Police Force (RSVGPF) said in a release that on September 3, 2026, they arrested and charged Anthony Williams,...
    Hub Collective introduces Afrikan Batik to Bequia
    News
    Hub Collective introduces Afrikan Batik to Bequia
    Webmaster 
    September 8, 2026
    THE FIRST Bequia African Batik Intensive Programme, known as BABI, officially wrapped up five weeks of hands-on training with a graduation and open ho...
    Report wrongdoing by police – acting deputy COP
    News
    Report wrongdoing by police – acting deputy COP
    Webmaster 
    September 4, 2026
    COMMENTS of “nothing is done” when civilians report acts of wrong doing by members of the Royal St Vincent and the Grenadines Police Force (RSVGPF) ha...

    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