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
September 1, 2006

Possessory Title 2

You are occupying a piece of land which belongs to another person. You did not pay for it. You have been living there for twelve or more years. You have never paid rent, no one ever came to evict you or establish a right. You have had continuous undisturbed occupation. Or perhaps you are occupying lands that your mother and grandmother owned for years but you have no document to show ownership. You have been paying the taxes due. You may have a case for possessory title.{{more}}

You can require your lawyer to make the appropriate application in pursuant to the Possessory Title Act, No. 38 of 2004. The application is made on prescribed form and requires a description of the land and the boundaries. In other words you need to have a plan of the land. This means that the land must be surveyed. The estimated value of land must also be provided.

Notice of application

You need to state the basis on which adverse occupation is claimed. In other words you must state how you came into possession of the land whether you acquired through parents or self. You must of necessity state whether any other person has made a claim or is “capable of making a claim.” This occurrence is likely to cause the claim to fail and persons who are claiming might be evasive. However, whether the applicant is forthcoming or not is not important as provision is made in the Act to bring the application to the notice of everyone and this question may be answered later on. A notice of the application must be circulated in at least two newspapers in St. Vincent and the Grenadines. The second notice must be posted not less than two months after the first issue.

The Applicant also has a duty to give the name, if any, of the person who owned the property before the period of adverse possession. This would require a search to be conducted at the Land Registry.

The application has to be accompanied by an affidavit sworn by the applicant and two from persons who know about the land and the adverse possession. These affidavits would be done in support of the application. Absence of supportive affidavits from persons need not cause the application to fail as the judge will still review the application to determine its merits.

Filing of application

During the two months between when the first and last notices are published in the newspaper, the applicant has the duty to post other notices as required by law. One notice must be posted at the Land Registry in Kingstown and another at a conspicuous place in the Magistrate Court building in the district in which the land is situated.

The applicant also has the duty within twenty-one days of the filing of the application to serve persons living on properties adjoining the property for which he seeks the possessory title. Where the owner of the land cannot be found he must place notice on the property itself.

Any person who might have a claim to the property could enter an appearance and within twenty-one days of the appearance, file a claim with information as to the name of the claimant and the facts relevant to his/her claim.

• Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    New era at modern Kingstown Port
    Front Page
    New era at modern Kingstown Port
    Webmaster 
    October 14, 2025
    The port operations in St Vincent and the Grenadines is entering into a new era to accommodate growing demands of international trade and cruise touri...
    No rent for Union Island vendors until January
    Front Page
    No rent for Union Island vendors until January
    Webmaster 
    October 14, 2025
    In an effort to ensure that vendors on Union Island fully recover from the setbacks caused by Hurricane Beryl, the government has decided to waive ven...
    Small fire displaces  form-5 students at SJCK
    Front Page
    Small fire displaces form-5 students at SJCK
    Webmaster 
    October 14, 2025
    Form five students of the St Joseph’s Convent, Kingstown, are expected to return to their classroom today, Tuesday, October 14, 2025 after a small fir...
    Vincentian make-up artist, designer in UK  spotlight again
    Front Page
    Vincentian make-up artist, designer in UK spotlight again
    Webmaster 
    October 14, 2025
    The international profile and resume of Vincentian makeup artist and designer, Kirk Cambridge-Delpesche continue to receive enhancements, with the lat...
    Union Island Ferry Terminal and Market opens
    Front Page
    Union Island Ferry Terminal and Market opens
    Webmaster 
    October 14, 2025
    Amidst the on-going recovery from the destruction caused by Hurricane Beryl in 2024, residents on Union Island saw the opening of a new Ferry Terminal...
    Hunters advised not to use injurious methods on their prey
    News
    Hunters advised not to use injurious methods on their prey
    Webmaster 
    October 14, 2025
    One week after the start of the hunting season, the Forestry Division within the Ministry of Agriculture is reminding hunters of their responsibilitie...
    News
    Hunters advised not to use injurious methods on their prey
    News
    Hunters advised not to use injurious methods on their prey
    Webmaster 
    October 14, 2025
    One week after the start of the hunting season, the Forestry Division within the Ministry of Agriculture is reminding hunters of their responsibilitie...
    NDP vice-president tells Central Leeward voters not to lose hope
    News
    NDP vice-president tells Central Leeward voters not to lose hope
    Webmaster 
    October 14, 2025
    Vice-President of the New Democratic Party (NDP), Nigel ‘Nature’ Stephenson said the people of St Vincent and the Grenadines (SVG), want a decent qual...
    Former Minister of Government and Diplomat dies
    News
    Former Minister of Government and Diplomat dies
    Webmaster 
    October 14, 2025
    Former Minister of Government in the Unity Labour Party (ULP) administration, Selmon Walters, has died. Family members confirmed that Walters, who at ...
    Region prepares for COP30 at meeting in St Lucia
    News
    Region prepares for COP30 at meeting in St Lucia
    Webmaster 
    October 14, 2025
    Caribbean Community (CARICOM) leaders met in St Lucia from October 7–10, 2025, for the Second Regional Preparatory Meeting for the 30th Conference of ...
    Ambassador of  Ireland presents  Letters of Credence
    News
    Ambassador of Ireland presents Letters of Credence
    Webmaster 
    October 14, 2025
    The Ambassador of Ireland to St Vincent and the Grenadines, Geraldine Byrne Nason, presented her Letters of Credence to Governor General, Dame Susan D...

    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