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The seriousness of land transactions

Land transactions are serious business and the services of a lawyer must be sought when purchasing land or transferring land titles.

A St. Ann resident is concerned about a will which left a certain portion of land in St. Ann to her 86-year-old mother.

"My mother has in her possession the last will of her stepmother showing details of a parcel of land left for her," the woman said. "There is no title or diagram. She knows the land because she had lived there before.

"Now distant relatives of her stepmother occupy the land and are building houses and no permission was given from my mother to rent or lease the land. My mother has received no payments from them," she added.

Consult a lawyer

She disclosed that her mother is interested in taking possession of the land so she and her children can benefit from the land. It is important for your mother to have the will probated in the court and should consult a lawyer to help her in the matter.

In the meantime your mother should write to the occupants of the land and remind them that she is the owner of the land. If she is not able to visit the land then she should appoint someone, even one of her children, as agent and the agent should visit the property and speak to the occupants about your mother's intention.

After the land is surveyed then your mother can take steps to get a title for the property.

It will take some time for your mother to get the title so in the meantime the agent or your mother should serve the occupants notices to quit the property or work out a lease agreement with them. They should be advised to desist from building permanent or concrete structures on the property.

The law makes it clear that land owners must exercise control over their land and it involves visiting the land at regular intervals to ensure that people do not occupy the land unlawfully (squat) and if they do then the owner should serve them with notices to quit. If they still refuse to leave the property then the owner should take them to court.

In cases of lease agreement, it must be in writing and signed by both parties and must be renewed or terminated when necessary.

 
February 23, 2007
 

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