Understanding the Subdivision of Land Application Process (Part 2)

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This week we conclude our subdivision series by outlining the main steps that one should follow when applying for individual titles from the National Land Agency (NLA).

The steps are as follows:

  1. Once the subdivision has been approved by the relevant Municipal Corporation, the applicant should apply for the Deposited Plan number. This is the number that is assigned to the subdivision plan. The following documents are required to be submitted to the National Land Agency: a certified copy of the Resolution by the Municipal Corporation, the pre-checked plan depicting the lots in the subdivision, a Statutory Declaration by the Land Surveyor verifying the accuracy of the pre-checked plan and that the lots and roadways have been marked out on the ground. The Deposited Plan takes approximately eighteen (18) business days to be processed. The applicant will be notified of the deposited plan number which will be assigned to the pre-checked plan.
  2. Secondly, an application form for surrender of the Duplicate Certificate of Title must be submitted to the NLA along with the registration fees. These fees are assessed based on the market value for each individual lot. The application form must describe the property and state the value of the lots as well as the number of titles to be issued. The deposited plan number and date of deposit should also be stated. The application is lodged and assessed by the NLA and where the documents are found to be in order, NLA will process the application and issue individual titles for each lot.

The entire process can be onerous and it is imperative that you engage the services of professionals to assist with your subdivision application.

About Author:

Abi-Gaye White-Thomas B.A., LL.B (Hons)
Attorney-at-Law
Manchester, Jamaica

Tel: (876)964-4046
Whatsapp: (876)805-6688
Email: law@balcostics.com

Help My Land Title Cannot Be Found!

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Many persons have had the misfortune of misplacing or destroying documents that are of high importance. Whether it was a passport, birth certificates, health cards or your land titles. Yes, even land titles get lost. Your land title is a document that state that you are an owner or part owner of a land, it shows proof that the land is yours. It would be expected that a document such as this would be kept in a safe and secure place so that no harm might come its way, but accidents do happen and there may be a need to replace a lost title.

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Encroachment on Adjoining Property

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Many of the land disputes heard in the Manchester Parish Court has to do with the issue of encroachment. Land encroachment means that one person ‘advances’ or violates his boundary limits by building something on the neighbour’s land or allowing something to hang over the adjoining property boundary. An example of an encroachment is the construction of a dividing fence or wall that is not within the correct registered boundary of the property.

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“What’s Yours Is Mine, What’s Mine Is Mine” – The issue of Matrimonial Property

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During a divorce or separation, the question of matrimonial property division often arises as couples tend to argue about who spent more money when building the house or paying the mortgage and would therefore be entitled to be a bigger stake of the house. Matrimonial Property is defined in the Property (Rights of Spouses) Act (PROSA) as “any real or personal property, any estate or interest in real or personal property… or any other right or interest whether in possession or not to which the spouses or either of them is entitled.” From this definition, it is clear that property is not defined to mean only the family home. The only thing the law has done in relation to the family home, and not in relation to other property, is the presumption that that there be the automatic application of equal division or the “50-50 rule” unless good grounds exist to warrant a deviation from it (section 6 of the Act).

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Farm Land Lease and Its Importance

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As an Attorney-at-Law practicing in the parish of Manchester for over two years, I have come across several civil matters involving farm lands. Whether the issue is with the landlord or the tenant, the first thing I ask the client is, “Do you have a lease agreement?”

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6 Key Steps After An Accident

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Many motorists are having the unfortunate experience of dealing with a collision, which can result in serious injury, as well as loss of life and property. Below are 6 key things to do at the scene of the accident and soon afterwards:

  • Stay at the Scene

Never leave the accident scene until it’s appropriate to do so. If you leave, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a hit-and-run driver. Make notes in respect of any tyre marks on the road, positions of the vehicles and take photos if a camera is available

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What is Personal Injury?

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Personal Injury is that body of law that deals with the issue of liability and compensation where one is injured as a result of an accident. That accident may fall within the category of a motor vehicle accident, an accident while one is on the job, a slip and fall or any other accident tor incident where because of the Negligence of another person, injury results to a Claimant.

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