SINCE ITS ESTABLISHMENT as an executive agency, the national Land Agency (NLA) has brought together the work of four major government entities, the Land Titles, Land Valuation, Surveys and Mapping and Estate Management divisions.
This amalgamation has revolutionised and in many ways improved the agency's service delivery, but the NLA is still seeking to serve its customers better. As a part of this drive in upcoming weeks THE STAR, along with the National Land Agency and the Jamaica Information Service will be providing information related to land matters.
This week we kick things off with information on registering land.
Fifty years ago, Racecourse in Heroes Circle was sold. The purchaser, an unsuspecting countryman, was conned into purchasing the land at a bargain price and left 'country' to come to town, donkey in tow, to claim ownership of his newly acquired property.
There was only one problem though. The property was government-owned and as such could not be sold by anyone but the Government, who in this case did not authorise the sale of this property.
What this incident should teach us, and in fact, what the NLA encourages, is that when purchasing land, proof of purchase should be obtained. It is advisable to also secure the services of an attorney-at-law to assist in the transaction, said Joan Walker, legal officer at the NLA.
After purchasing the property, the land must be registered, so an appli-cation must be made to the registrar of Titles. This process, however, requires the provision of important documents.
CLAIMING POSSESSION
"These documents include an application, which must be signed by the applicant, and an affidavit by the applicant, setting out the details of how he obtained the land," she said.
According to the legal officer, information on how the land was obtained is important, as the Government needs to know if the land was purchased and from whom, whether it was received as a gift from a relative, friend or third party, or whether the applicant is simply claiming possession, having occupied the land undisturbed for 12 or more years.
"Also, you are required to submit two declarations, from persons who have known the land for at least 30 years," she continued. "These persons should include in their declarations the name of the person or persons who were in possession of that particular parcel of land over the 30-year period."
In addition, the applicant needs to furnish the NLA with an up-to-date tax certificate indicating that taxes have been paid, up to the date the application is lodged.
If the parcel of land is being registered by reference to a survey plan, then it will be necessary to submit a pre-checked survey plan along with the application. If the description of the property is not by survey plan, then the description of the land should be by measurement and boundary (estimated description). It should be noted, however, that the distance must be stated in metric units (more or less) along each boundary line and the estimated area of the entire parcel should also be stated in metric.
REGISTRATION FEES
Any other documents that can prove ownership such as receipts, conveyance or probate should also be produced.
"Probate is required if the property was obtained by virtue of a will, in such a case, then you will need to submit the documents relating to that particular estate, for example the probate document and the estate duty certificate," Ms. Walker explains.
Finally, the commissioner of stamp and estate duties should stamp the application before it is submitted to the NLA's land titles office. The office of the commissioner of stamp and estate duties is at 111 Harbour Street, in downtown Kingston.
When all the documents have been collected, the applicant or his Attorney-at-Law must lodge the documents at the Land Titles Division of the NLA located at 93 Hanover Street, Kingston, and pay the necessary registration fees. This fee is calculated based on the value of the land.
The documents required for registering land, as outlined in the Registration of Titles Act are:
1. Application form prescribed by Registration of Titles Act, signed by applicant and witnessed
2. Statutory declaration by the applicant to prove possession
3. Supporting statutory declarations to prove ownership from two independent persons who have known the land for at least 30 years
4. Up-to-date certificate of payment of property taxes.
5. Pre-checked survey diagram or detailed description of the land, which should enable identification and location of parcel by reference to a landmark.
6. Any other documents proving ownership of land e.g. receipt, conveyance, probate, certificate of compliance.
For further information or queries, contact:
Mrs. Adrienne Mullings
Public Relations Officer
National Land Agency
Telephone: 978 2181-7
Email: adrienne.mullings@nla.gov.jm
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