How do I sort out land in Jamaica from the UK?

Good day, readers. This week we look at a question from a reader and the subsequent response.

Dear Craig,

I need some advice and assistance with reference to registering common-law land in the parish of St Elizabeth, Jamaica.

My mum died in the United Kingdom in 2017 and before her passing, she was paying land tax for some acres of land in St Elizabeth. The land, we believe, is unregistered due to us being unable to locate any existing legal land title documents.

We are told that in order to register this land formally, beneficiaries of the deceased would need to fly from the UK to get any legal documents certified by the National Land Agency (NLA), in addition to arranging a land survey.

We have never had the opportunity to view this land, therefore, as individuals who aren’t familiar with the legal administration for registering and surveying land in Jamaica.

For example, how do we arrange appointments and transport to the area of land? Can we be sure of paying for all the land registering services when we are in Jamaica?

How do we know that what we pay will be itemised. The list goes on.

Flying to Jamaica and trying to complete this type of business is expensive. It’s not something we can afford to do in 14 days without the aid of a local professional land registrar representative to deal with the stages of legal paperwork.

We would be grateful if you could advise on what is best practice in these sorts of situation.

Thanks, BC

Good day BC,

My condolences to you and your family for the loss of your family’s matriarch. I hope you will be able to sort out this matter concerning her property soon.

ASCERTAIN THE VERACITY OF OWNERSHIP

The first thing I would suggest is that you contract the services of a commissioned land surveyor to ascertain certain things concerning the property. You have said that the land is not “formally” registered, meaning that there is no registered title available for the property.

That being said, you have to have a research done to ascertain if the property is actually in the ownership of your mother’s estate. Also to find out if anyone has actually registered same under the Adverse Possession Act. Also, you would need to find out if the land is being occupied and if there are persons squatting on the property (that is, if it is indeed owned by your mother).

PRECHECK PLAN

When the commissioned land surveyor has done his research, and if veracity of your mother’s ownership has been established, he will then move to the next phase. This next phase would be the conducting of a cadastral boundary survey of the property to establish the boundaries and preparing a PreCheck plan for submission to the NLA for approval. After approval has been gained for the plan and it’s returned you, now would move to the final stages of the registration process.

GET LEGAL REPRESENTATIVE

You must now engage the services of an attorney to handle the registration process for you. I would even recommend that you engage the services of an attorney to conduct the business you have to do in Jamaica from a very early stage. He/she will be able to guide you and protect your interest in the many transactions that you will have to do.

The process will not be a process that can be completed in 14 days; however, if you plan your trip correctly and engage the professionals prior to getting to Jamaica, you can have all the requisite things that need to be done now started and continue after you leave, and your attorney will act on your behalf until the process is completed, which can take anywhere from a year onwards.

I hope I have been able to help clear up your understanding of the process you will have to go through to get this property registered and start you on the road to sorting out your mother’s estate.

Keep sending your questions and comments; let’s continue to explore A Matter of Land.

Until next time, traverse well.

Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. He can be contacted for questions or queries at craig_r_francis@yahoo.com or Precision Surveying Services. Email feedback to editorial@ gleanerjm.com