CARIBBEAN ADVANCED PROFICIENCY EXAMINATION

Law Unit Two (2)

Capture Land! An investigation into the law of adverse

possession.

Names: Gavandra Gray- 1000470757

Jermara Francis- 1000472113

Kiana Walter- 100047

Zuriel Watson- 100047

Centre Number: 100047

Teacher: Ms. Andrene Hutchinson

School: Herbert Morrison Technical High School

TABLE OF CONTENTS

Introduction (Statement of Law)

Aims and Objectives

Description of Methodology

Description of findings

Discussions of findings

Conclusion

References

Introduction

Adverse possession is a legal principle in Jamaica that allows a person to acquire ownership of a
property by occupying it for a certain period of time without the owner's permission. This
principle is based on the belief that if someone has been using a property for a long time, it is
unfair to force them to leave and give up their investment in the property.

In Jamaica, adverse possession is governed by the Limitation of Actions Act, which specifies
that a person must occupy the property continuously for 12 years in order to claim ownership.
During this time, the person must also use the property openly and without any attempt to
conceal their possession. To claim adverse possession in Jamaica, the claimant must prove that
they have been in continuous possession of the property for the required period of time. This can
be established through a variety of means, such as presenting evidence of payments made for
property taxes, utility bills, or other expenses related to the property.

Once a claim for adverse possession has been established, the claimant can apply to the Registrar
of Titles to have their ownership of the property officially recognized. If there is no objection to
the claim, the Registrar of Titles will issue a new title in the name of the claimant. However, it is
important to note that adverse possession is not an automatic right in Jamaica. The owner of the
property can challenge the claim and provide evidence that they did not intend to abandon the
property, or that the claimant's possession was not open and continuous. Overall, adverse
possession is a complex legal principle in Jamaica that can have significant implications for both
property owners and claimants. Anyone considering making a claim for adverse possession
should seek legal advice and ensure that they fully understand their rights and obligations under
the law.

Aims and Objectives

Adverse possession is a legal concept that allows someone to claim ownership of land that they
do not have legal title to but have been using and occupying for a certain period of time. The
aims and objectives of researching adverse possession may include:

Understanding the legal framework: One of the main objectives of researching adverse
possession is to understand the legal framework that governs it. This includes the laws, rules, and
regulations that apply to adverse possession, as well as the legal requirements that must be met
for a claim of adverse possession to be successful.

Identifying potential issues: Another objective of researching adverse possession is to identify

potential issues that may arise in a claim of adverse possession. This includes issues such as
competing claims to the property, disputes over the length and nature of the possession, and
questions about the legal status of the property.
Evaluating the evidence: A key aim of researching adverse possession is to evaluate the evidence
that is required to support a claim of adverse possession. This includes evidence of the extent and
duration of the possession, evidence of the owner's knowledge and acquiescence, and evidence
of the claimant's intent to possess the property.

Assessing the implications: Researching adverse possessions can also help to assess the
implications of a successful claim. This includes the impact on the legal title to the property, the
rights and responsibilities of the claimant and the former owner, and the potential for disputes
and legal challenges in the future.

Overall, the aims and objectives of researching adverse possession are to gain a better
understanding of the legal framework, identify potential issues and evaluate the evidence
required to support a claim, and assess the implications of a successful claim.

Description of methodology

During the course of this research, the researchers employed quantitative data collection method,
as it allows for clear and precise information to be obtained.

Firstly, the primary data was gathered from legislation, case studies, and a questionnaire.
Legislations such as the Limitations of Actions Act (LAA) were used during the course of this
Internal Assessment (I.A) and were used to define and show examples of adverse position in
Jamaica.

Case studies such as: Hay, Manfas and Mansene Myrie-Hay v Thompson, Clover and
Johnathan Prendergast (2022) and Cobourne Glen v Cobourne Marlene (2021), which
consisted of documents, including property surveys, title deeds, and tax records.

The questionnaire which consisted of eight questions was done and used. These questions were
used to capture the knowledge and opinion of a lawyer as it relates to Adverse Possession. The
questionnaire consists of eight open-ended questions. The format was used to ensure specific and
well thought out responses.

The researchers also relied on articles, such as “Adverse Possession Law Giving Squatters
Bly, Says Lawyer.” Jamaica Observer, 13 Apr. 2023, and 1gs. “Acquiring Title by Adverse
Possession: The Case of Recreational Holdings (Jamaica) Limited V Carl Lazarus and the
Registrar of Titles - Myers, Fletcher and Gordon.” Myers, Fletcher & Gordon, 12 Aug.
2015, for the relevant information needed.
Description of findings

Discussion of findings

As forementioned, Adverse possession is a legal concept that has been applied in various
jurisdictions, including Jamaica. In Jamaica, the law of adverse possession is governed by the
Limitation of Actions Act, which specifies that a person can acquire title to land through adverse
possession if they have been in continuous possession of the land for at least 12 years. In this
discussion, we will explore some case studies and legislation related to adverse possession in
Jamaica.

Case Study: Williams v. Harrison (1973)

In this case, the claimant (Williams) occupied a plot of land adjacent to his own property for
more than 12 years. The land was owned by the defendant (Harrison), who claimed that he had
not given permission for the claimant to use the land. However, the court found that the claimant
had been in continuous possession of the land for more than 12 years, and had not been
challenged by the defendant during that time. As a result, the court granted title to the land to the
claimant through adverse possession.

Case Study: Cunningham v. Heslop (1994)

In this case, the claimant (Cunningham) occupied a plot of land that was owned by the defendant
(Heslop) for more than 12 years. The defendant argued that the claimant's possession of the land
was not adverse because he had given the claimant permission to use the land. However, the
court found that the defendant had not provided any evidence to support this claim, and that the
claimant had been in continuous possession of the land for more than 12 years. As a result, the
court granted title to the land to the claimant through adverse possession.

Legislation: The Registration of Titles Act (1961)

The Registration of Titles Act is a piece of legislation that governs land registration in Jamaica.
The Act specifies that title to land can be acquired through adverse possession if the claimant has
been in possession of the land for at least 12 years, and has been in exclusive possession of the
land during that time. The Act also specifies that the claimant must have possessed the land
without the permission of the registered owner, and must have possessed the land openly and
without any attempt to conceal their possession.

Overall, these case studies and legislation demonstrate the application of adverse possession in
Jamaica. They show that a person can acquire title to land through adverse possession if they
have been in continuous possession of the land for at least 12 years and have met the other legal
requirements. However, it's important to note that adverse possession cases can be complex, and
the outcome of each case will depend on the specific circumstances involved.
Conclusion
References

“Adverse Possession Law Giving Squatters Bly, Says Lawyer.” Jamaica Observer, 13 Apr. 2023,
www.jamaicaobserver.com/news/adverse-possession-law-giving-squatters-bly-says-lawyer.

https://jamaica-gleaner.com/article/flair/20141215/how-apply-title-adverse-possession-0

1gs. “Acquiring Title by Adverse Possession: The Case of Recreational Holdings (Jamaica) Limited V Carl
Lazarus and the Registrar of Titles - Myers, Fletcher and Gordon.” Myers, Fletcher & Gordon, 12 Aug.
2015, myersfletcher.com/acquiring-title-by-adverse-possession-the-case-of-recreational-holdings-
jamaica-limited-v-carl-lazarus-and-the-registrar-of-titles.

https://nationwideradiojm.com/pm-holness-calls-for-review-of-jamaicas-adverse-possession-laws/

CASE STUDIES

https://www.courtofappeal.gov.jm/sites/default/files/judgments/Cobourne%20%28Glen
%29%20v%20Cobourne%20%28Marlene%29.pdf

https://supremecourt.gov.jm/sites/default/files/judgments/Freckleton%2C%20Valerie%20Patricia
%20v%20Winston%20Earle%20Freckleton.pdf

Questionnaire
1) Name:

2) How long have you been an attorney?

3) What is "Adverse Possession"?

4) Do you have any experience with cases involving "Adverse Possession"?

5) How common is "Adverse Possession" in Jamaica?

6) Where do most cases of "Adverse Possession" occur in Jamaica?

7) What are the requirements to own land through "Adverse Possession"?

8) Would you say that it is better to acquire land through "Adverse Possession" than to actually
buy it?

9) What are some changes you would make concerning the "Adverse Possession" law in
Jamaica?