What's in a Name: Understanding the Importance of a Title

Name: What's in a

UNDERSTANDING THE

the importance of a title

By: Kameika FullertonDeLisser

Donkey say di worl’ no level! And so it is with land titles – not all land titles are created equal. Real estate is widely recognized as one of the best tools for building wealth. Land of any kind has value and that value generally appreciates. Land can be sold, leased, gifted, or passed down from one generation to the other.

Owning land and not having a registered title for it is like having a football with no air in it. It may be yours but what can you really do with it? Sure, you may have a survey diagram with your name on it, or a receipt showing you bought the land. You may even have a letter from your grandfather saying he wants you to have the land. But if you want to use the land as collateral for a bank loan, those things won’t take you very far.

Research suggests that about 40% of land in Jamaica is unregistered. In other words, those ‘landowners’ have no registered titles. The people who own such lands may generally have some document showing that they have rights to the land, but other people could have similar documents. How can one be sure that the documents presented are genuine and legally binding? This lack of certainty makes those documents, referred to as Common Law titles, less secure.

What is a registered title?

A registered title is a certificate that is issued and guaranteed by the government to conclusively prove who owns a piece of land. Unless obtained by fraud, ownership of registered land cannot be challenged. It is the most superior evidence of land ownership. Having a registered title in your name reduces the likelihood of disputes with anyone and can create opportunities for wealth creation as it can be used as collateral for many types of bank loans.

How can you get a registered title?

To get a registered title, the land must be brought under the operation of the Registration of Titles Act

by way of an application to the Land Titles Division of the National Land Agency, more popularly known as the "Titles Office". The application must be supported by evidence of ownership through, for example, purchase, inheritance, gift or even prolonged possession of land. The land must be properly identified, preferably by way of a pre-checked survey diagram and all outstanding property taxes must be paid up. Declarations from community members, who can corroborate your account of the history of the land, will also be required. The application is generally prepared by an Attorney with experience in Conveyancing who can assist you in getting the best possible results.

Is getting a registered title a costly endeavor?

While it’s true that such applications have traditionally been considered expensive and time-consuming, laws have been passed in recent years to reduce the cost, time and hassle of these applications for land in most communities in Jamaica. Depending on where the land is situated, you may be able to utilize the services and reap the benefits of the National Land Agency’s Land Administration and Management Division, through approved private Attorneys or Geoland Title Limited. They can help you obtain a registered title in your name for land that you legally own or have lived on openly and without dispute or disturbance for more than 12 years. If you own unregistered land, you’re potentially sitting on a goldmine. Now is the time to invest in your future by obtaining a registered title to unlock your financial possibilities and get security and peace of mind.

Gather all your land papers and get the process started today.

Kameika Fullerton-DeLisser is an Attorney-at-Law and Partner at Fullerton DeLisser & Co. She is also a Real Estate Broker at Re/max Elite. She can be contacted via email at kamfull@hotmail.com

If you own unregistered land, you’re potentially sitting on a goldmine…