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
      • 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
      • 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
    Challenge launched against nomination of 2 NDP candidates
    Front Page
    Challenge launched against nomination of 2 NDP candidates
    Webmaster 
    November 11, 2025
    REGISTERED VOTERS in the Northern Grenadines Constituency, and in East Kingstown have written to the Returning Officers in those constituencies seekin...
    Candidates file nomination papers for November 27 polls
    Front Page
    Candidates file nomination papers for November 27 polls
    Webmaster 
    November 11, 2025
    CANDIDATES CONTESTING the November 27, 2025 general elections in St Vincent and the Grenadines (SVG) filed their nomination papers at designated point...
    Dr. Grace Walters fires back over contract
    Front Page
    Dr. Grace Walters fires back over contract
    Webmaster 
    November 11, 2025
    THE UNITY LABOUR PARTY’S (ULP) candidate for North Windward, Dr. Grace Walters has come to her own defense, after information on a consultancy contrac...
    Saint Lucian killed in Lowmans mountain
    Front Page
    Saint Lucian killed in Lowmans mountain
    Webmaster 
    November 11, 2025
    SEVERAL FARMERS FROM Lowmans Leeward have expressed outrage over a homicide that took place over the weekend in an area where many people are plying t...
    Makaila Kydd wins TVET public speaking
    Front Page
    Makaila Kydd wins TVET public speaking
    Webmaster 
    November 11, 2025
    THE GEORGETOWN Technical Institute (GTI), came out on top in a public speaking competition held on Thursday, November 6, 2025, as part of month-long a...
    Four charged, one pleads guilty to firearm offenses
    From the Courts, News
    Four charged, one pleads guilty to firearm offenses
    Webmaster 
    November 11, 2025
    FOUR MEN OF Paul’s Avenue and Layou were charged with being in possession of one pistol and 30 rounds of ammunition. Sharome Dopwell, Erel Hector, Dak...
    News
    Four charged, one pleads guilty to firearm offenses
    From the Courts, News
    Four charged, one pleads guilty to firearm offenses
    Webmaster 
    November 11, 2025
    FOUR MEN OF Paul’s Avenue and Layou were charged with being in possession of one pistol and 30 rounds of ammunition. Sharome Dopwell, Erel Hector, Dak...
    Bruce rubbishes ULP performance in South Central Windward
    News
    Bruce rubbishes ULP performance in South Central Windward
    Webmaster 
    November 11, 2025
    NEW DEMOCRATIC PARTY (NDP) candidate for the constituency of South Central Windward, Israel Bruce has knocked the Unity Labour Party (ULP) saying the ...
    NDP candidates turned off by blow horn noise
    News
    NDP candidates turned off by blow horn noise
    Webmaster 
    November 11, 2025
    THE LOUD SOUND coming from blow horns was too much for Vice President of the New Democratic Party (NDP) St Clair Leacock, when he approached the micro...
    People want change more than the Opposition – Dr. Friday
    News
    People want change more than the Opposition – Dr. Friday
    Webmaster 
    November 11, 2025
    LEADER of the New Democratic Party (NDP) Dr. Godwin Friday, said people are saying that it is the opposition politicians who are calling for political...
    Martin has second stint as Attorney General
    News
    Martin has second stint as Attorney General
    Webmaster 
    November 11, 2025
    WHEN JAUNDY MARTIN was first sworn in as Attorney General (AG) on Monday, September 18, 2017, he told the gathering that he never aspired to the posit...

    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