Dear Legal Wiz,
I would like to find out how to get some land titles. I have a diagram for property already surveyed.
Your email is quite short. However, here is a brief list of the documents you need for application of a registered land title in Jamaica and procedures.
1. An application in the form prescribed by the Registrar of Titles Act and signed by the applicant and witnessed
2. A Statuary Declaration by the applicant to prove possession (a statutory declaration is a written statement confirmed by oath)
3. Supporting Statutory Declarations to prove ownership from two persons who have known the land for at least 30 years in cases where the application does not have a Conveyance.
4. A up-to-date certificate of payment of Property Tax
5. A pre-checked Survey diagram (if land is being registered by plan) THIS YOU SAY YOU ALREADY HAVE!
6. Any document you may have proving ownership eg receipt, conveyance, probate, certificate of compliance, under the Facilities for Titles Act
7. Applications otherwise than by Plan must describe the land so as to enable identification of the location of the parcel on the ground by reference to a landmark and state the name by which the property is known.
8. Other documents and procedures include paying Stamp Duty and Transfer tax to the Commissioner of Stamp Duty and Transfer Tax as applicable, caveats.
You can call the National Land Titles Office at 946-5263 or 750-5263 for a brochure detailing the same.
Your documents will go through a series of processing.
1. The documents will be checked
2. The survey plan will be submitted to the Survey Mapping Division to be checked to ensure that the land is not yet registered, and that the plan is acceptable
3. All the documents will be submitted to the Referee of Titles for consideration
4. All other procedures up to and including availability of title for said land will be detailed to you, once approved
NOW do remember that fees are involved at different stages, as well as other documents may be required on a case-by-case basis. There also may be challenges presented along the way if all documents are not prepared accordingly, nor procedures followed or otherwise such as the issue of someone lodging a caveat against the application.
[CAVEAT: 4.A formal notice to a court or public official that the notifier has an interest in a matter or property and requests the suspension of some procedure or proceeding concerning the matter or property until the notifier is given a hearing. – online law dictionary definition]
So, do work diligently, or have someone with proven knowledge and/or experience act on your behalf or guide you.
SEE National Land Agency website FOR MORE
NOTE: Most information sourced from National Land Agency office and brochure: How To Obtain a Registered Title