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 13, 2013

Property matters in Court

Last week, the emphasis was on efforts that should be made to avoid conflict among family members over property, as far too many matters end up in court over distribution. This week we would focus on a random family matter, to explain some of the issues on property pertaining to title. These two matters were combined, because they are relatively the same: Roberts v Hamilton et al and Mc Intosh et al v Alexander et al. (No. 194 of 2007 and No. 281 of 2007). I believe that the following issues raised would be of interest to you namely: statutory declaration, possessory title for crown lands and adverse possession.{{more}}

Statutory declarations

Statutory declarations were very popular before the enactment of the Possessory Title Act of 2004. Statutory declaration may be regarded as the forerunner of the possessory title act. Many persons who held land for more than 12 years and who were in control would simply swear to a declaration and file the document with the land registry to indicate ownership. One of the shortcomings of this title is that banks refused to give mortgages on this type of title. This, perhaps, was the greatest incentive for change. According to the law, borne out in a few cases, and particularly in Charles v Holas (GREHCV No. 15 of 1996), exclusive uninterrupted possession of land for a period of 12 years does not vest legal title to the land in the person making the declaration. Since the activation of the possessory title act, titles by declaration have become obsolete and persons have of necessity approached the court for a proper possessory title. There is an incentive too, as persons with the new title could be allowed a mortgage by a bank.

Crown lands

The Possessory Title Act makes provision for crown lands, that is land belonging to the crown. All the rules as for private property apply, but a person must be in occupation for a period of thirty years (30) instead of 12 years. In the above matter, the holders of a crown grant succeeded over the holder of a statutory declaration.

Adverse possession

For all matters pertaining to possessory title there must be adverse possession and the learned judge in the above cases in question, (p.9) points to the effect and meaning of adverse possession given by Halsburys Laws of England. According to the learned authors, “No right of action to recover land accrues unless the land is in possession of some person in whose favour the period of limitation can run. Such possession is called adverse possession. What constitutes such possession is a question of fact and degree; there is no general principle that to establish possession of an area of land, the claimant must show that he made physical use of the whole of it.”

The court also pointed to the principles used in the case of Powell v Mc Farlene, ([1977] 38 P&CR 452) which show some features of occupancy in adverse possession. Essentially, when in possession, the person must be in control and that person must have the intention to exercise control. The person must be dealing with the land as an occupying owner, with the intention to possess, not to own.

It must be also noted that a person who has the consent from another to occupy cannot be said to be adversely occupying.

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

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Vincymas 2026 – The Great  Escape is officially launched
    Front Page
    Vincymas 2026 – The Great Escape is officially launched
    Webmaster 
    April 17, 2026
    Vincymas, St Vincent and the Grenadines’ premier cultural festival is ready and rearing to go, following the launch on Saturday, April 11, 2026 at the...
    Act to amend RPA heading to Parliament Tuesday
    Front Page
    Act to amend RPA heading to Parliament Tuesday
    Webmaster 
    April 17, 2026
    Opposition Leader Dr. Ralph Gonsalves, has given the New Democratic Party (NDP) administration an ultimatum to withdraw their plans to amend the Const...
    Court to decide on competency of  doctors to provide Psychiatric reports
    Front Page
    Court to decide on competency of doctors to provide Psychiatric reports
    Webmaster 
    April 17, 2026
    Two doctors who prepared, and one who signed off on a competency to stand trial report for a mental health patient, told the Serious Offences Court, u...
    Taiwan Navy squadron visits SVG after more than two decades
    Front Page
    Taiwan Navy squadron visits SVG after more than two decades
    Webmaster 
    April 17, 2026
    St Vincent and the Grenadines (SVG) and the Republic of China, Taiwan, may be worlds apart, but a visit by the R.O.C. Navy 2026 Midshipmen Cruising an...
    ‘Bing’ feels he’s being tried and tested as Paul’s Avenue fire knocks Boom FM off air
    Front Page
    ‘Bing’ feels he’s being tried and tested as Paul’s Avenue fire knocks Boom FM off air
    Webmaster 
    April 17, 2026
    A defamation lawsuit that was filed against Boom SVG 106.9’s Dwight ‘Bing’ Joseph is currently pending at the High Court, as efforts are made at the r...
    Residents traumatised by Stoney Grounds brazen daylight shooting
    News
    Residents traumatised by Stoney Grounds brazen daylight shooting
    Webmaster 
    April 17, 2026
    Last Friday, April 10, 2026, a brazen daylight shooting at Stoney Grounds on the outskirts of the capital, Kingstown, not only left two persons dead a...
    News
    Residents traumatised by Stoney Grounds brazen daylight shooting
    News
    Residents traumatised by Stoney Grounds brazen daylight shooting
    Webmaster 
    April 17, 2026
    Last Friday, April 10, 2026, a brazen daylight shooting at Stoney Grounds on the outskirts of the capital, Kingstown, not only left two persons dead a...
    Under-aged boys charged with knife possession
    From the Courts, News
    Under-aged boys charged with knife possession
    Webmaster 
    April 17, 2026
    Two 15-year-old secondary school students were taken before the Serious Offences Court on Thursday, April 16, charged with possession of offensive 202...
    Budding teenage athlete Alia, laid to rest
    News
    Budding teenage athlete Alia, laid to rest
    Webmaster 
    April 17, 2026
    On Saturday, April 11, 2026 teenaged athlete Alia Crystal McDowall, was laid to rest at the Lowmans Hill Cemetery, following a funeral service at the ...
    PM Dr Godwin Friday says SVG in a bad financial situation
    News
    PM Dr Godwin Friday says SVG in a bad financial situation
    Webmaster 
    April 17, 2026
    Prime Minister Dr. Godwin Friday, has described St Vincent and the Grenadines (SVG) as being in “a failed state situation” at the time his New Democra...
    Teenager’s manslaughter charge expected to be upgraded
    From the Courts, News
    Teenager’s manslaughter charge expected to be upgraded
    Webmaster 
    April 17, 2026
    A teenager, who was legally represented in court by former Prime Minister Dr. Ralph Gonsalves, is expected to return to court on a more serious charge...

    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