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
    Pharmacist in Calder shooting granted $30,000 bail
    Front Page
    Pharmacist in Calder shooting granted $30,000 bail
    Webmaster 
    October 17, 2025
    A Pharmacist, charged with attempted murder, has been granted bail in the sum of $30,000. Esworth Lewis, who is alleged to have shot a man about his b...
    Bigger things in store  for former SVG Consul General to Toronto – PM
    Front Page
    Bigger things in store for former SVG Consul General to Toronto – PM
    Webmaster 
    October 17, 2025
    A higher posting will be offered to former SVG Consul General to Toronto, Fitz Huggins, who recently demitted office. Huggins concluded his ambassador...
    Venezuelans  remain resillent, determined  despite massive sanctions by US
    Front Page
    Venezuelans remain resillent, determined despite massive sanctions by US
    Webmaster 
    October 17, 2025
    Over $20 billion in Venezuelan assets abroad remain frozen, while the country has suffered a 99% loss of foreign income since February, 2014. But desp...
    PM not ready to ‘ring the bell’ at ULP Layou rally
    Front Page
    PM not ready to ‘ring the bell’ at ULP Layou rally
    Webmaster 
    October 17, 2025
    While many may have felt the date for the general elections in St. Vincent and the Grenadines would have been announced at the Unity Labour Party’s ‘W...
    Schools get in on World Food Day celebrations
    Front Page
    Schools get in on World Food Day celebrations
    Webmaster 
    October 17, 2025
    World Food Day, celebrated annually across the globe on October, 16, to commemorate the date of the founding of the United Nations (UN) Food and Agric...
    Mitres makes history as inaugural Semi-Pro Netball Champions
    Sports
    Mitres makes history as inaugural Semi-Pro Netball Champions
    Webmaster 
    October 17, 2025
    Mitres Netball Team wrote their name into local netball history, when they captured the inaugural Semi-Professional Netball League title on Wednesday ...
    News
    More than 1000 families have received appliances says PM
    News
    More than 1000 families have received appliances says PM
    Webmaster 
    October 17, 2025
    The government’s allocation of $1.5 million in the 2025 budget to provide essential household appliances, including refrigerators, stoves, and washing...
    Urban transformation to follow Kingstown Port opening
    News
    Urban transformation to follow Kingstown Port opening
    Webmaster 
    October 17, 2025
    Minister with responsibility for urban development, airports and seaports, Senator Bernarva Browne, is looking forwards to the start of much bigger th...
    New York Times claims cocaine washed up in Grenadines
    News
    New York Times claims cocaine washed up in Grenadines
    Webmaster 
    October 17, 2025
    On October 14, 2025, The New York Times, in an article headlined “Drug Smugglers Change Supply Routes to Evade U.S. Warships”, showed a photograph of ...
    This election is a galaxy of stars, says Gonsalves
    News
    This election is a galaxy of stars, says Gonsalves
    Webmaster 
    October 17, 2025
    The upcoming general elections in St Vincent and the Grenadines will be about the ability of the political candidates to shine. That is the conclusion...
    Vote without fear – Senator John
    News
    Vote without fear – Senator John
    Webmaster 
    October 17, 2025
    Electors waiting to vote in the next general elections are being asked to do so without fear as the ballot is secret and no one can know who you voted...

    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