Land Titling

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Land Titling Services are provided by the Land Titles Division of the NLA located at 93 Hanover Street, Kingston.

How To Obtain a Registered Title for your Land

 

Application to Register Land:

If you own land and do not have a registered title you can make an application to the Registrar of Titles to have the land registered.

To apply to register your land the following documents must be submitted:
 

1. An application form prescribed by the Registration of Titles Act and signed by the applicant.
2. A Statutory Declaration to prove possession (a statutory declaration is a written statement confirmed by oath).
3. Supporting statutory declaration to prove ownership rights by possession from two persons who have known the land for at least 30 years in cases where the applicant has no documentary proof of ownership showing title for himself and predecessors in title for 40 years.
4. A current certificate of payment for Property Tax up to date.
5. Survey pre-checked diagram (if the land is being registered by plan).
6. Any other document you may have that proves 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 land mark and state the names by which the property is known. The description must state the distances along each boundary and the compass direction of each boundary line, the names of the abutting properties, the names of adjoining owners, and, where the abutting land is registered land, the registered title reference for the property. The land valuation reference number for the abutting parcels must be included where the adjoining parcel is not registered land.
    

 

Stamp Duty and Transfer Tax are payable to the Commissioner - Taxpayer Audit and Assessment Department or The Deputy Stamp Commissioner of Stamp Duty and Transfer Tax unless falling into any category of exempt document.
 

There may be other documents required depending on the facts of each case. Persons who wish to register land must therefore retain the services of a lawyer.
 

Registration fees are paid when you submit your documents to the assessor at the Titles Office. You will be issued with an official receipt with a document number printed on it, and the name of the person who lodged the application. The number printed on the receipt is your application number and must be quoted when making enquiries about your application. You must keep your receipt until your application is successfully completed.
 

Your application will go through a series of processes as prescribed by law:
 

• The documents will be checked.
• The survey diagram will be sent to the Surveys and Mapping Division to be checked to ensure that the land is not yet registered and the plan is acceptable.
• Thereafter all the documents will be submitted to the Referee of Titles for consideration.
   

 

When your application is approved by the Referee you will be sent a Notice, in which you will be directed to have the application published in a particular newspaper for a period decided by the Referee of Titles.
 

Your Certificate of Title is issuable at the time stated by the Referee after the first appearance of the advertisement in the newspaper if no Caveat is lodged against the application and no court action commenced.
 

Preparation of your Certificate of Title will begin after you take in proof of advertisement, i.e. the newspaper pages with the advertisements pertaining to your application and payment of the final fees.

 

Caveats Against Registering Land:

If someone has applied to register land that you claim ownership of or any mortgage, lien or other interest against, you may lodge a caveat against bringing the land under the Registration of Titles Act. The Caveat must be lodged within the time prescribed by the Referee of Titles in the advertisement. Lands being registered are advertised in the daily newspapers - on Tuesdays in the Gleaner and Tuesdays and Thursdays in the Observer and Tuesdays in the Star.
 

An action must be commenced in court within 30 days of the date of lodgement of the caveat in respect of the interest claimed. A copy of the document filed in Court must also be submitted to the Registrar of Titles within one month.
 

Failure to notify the Registrar of Titles of the Court proceedings will result in the Caveat lapsing after a month and the registration completed.

 

Has Your Title been Lost or Destroyed?

To obtain a new Certificate of Title to replace one that has been destroyed or lost you must:
 

1. Apply to the Registrar of Titles by way of statutory declaration proving the loss or destruction of the title. The statutory declaration is to be headed: “In the matter of the Registration of Titles Act and an application by ---(insert owner’s name) for a new Certificate of Title in place of the lost/destroyed duplicate registered at Volume, Folio”.
2. The application must identify the land by reference to the description of the land as set out in the lost or destroyed Title and include the Volume and Folio numbers. If the Volume and Folio numbers are not known they can be ascertained by a Title search at the Land Titles Division.
3. The true and actual value of the land with all improvements must be stated.
4. Evidence to satisfy the Registrar of Titles that the duplicate Certificate of Title has been lost or destroyed must be provided.
5. Applicants should retain the services of a practising Attorney-at-Law.