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, THE STAR, along with the NLA and the Jamaica Information Service is providing information related to land matters in this column.
PERSONS WANTING TO pool their resources to purchase property can do so either as joint tenants or tenants in common. It is important, however, to understand the difference between both concepts so as to make the best possible decision.
This week we will look at joint tenancy, which means there is a "right of survivorship" so that when one tenant dies his share goes to the surviving proprietor(s) until the last survivor automatically becomes the sole owner of the property.
This is the preferred arrangement for persons between or among whom there is an amicable relationship, such as in family situations for example, husbands and wives, parents and children or siblings (brothers and sisters). There is, however, no restriction on who may enter into this arrangement, as even friends can do this.
"In this case, there is one registered Land Title for the property on which the names of all the landowners are recorded. The title records all the persons who own the property, be it two, six, or 12 persons, because the law does not restrict the number of persons that can own property on one title," explains Joan Walker, legal officer in the land titles division of the NLA.
All of the registered landowners must also be signatories to any transactions involving the property, whether it is mortgage, sale or lease, she added.
In joint tenancy arrangements, when any of the registered landowners dies, changes will have to be made to the certificate of title.
The survivor or survivors must make an application to note the death of the deceased joint owner, which is done in the form of a statutory declaration. This declaration, along with the death cer-tificate and a revenue affidavit, is then sub-mitted to the stamp office for death duties to be assessed.
The revenue affidavit sets out the estate or all the properties that were held by the deceased landowner and also helps the stamp office to determine the amount of death duties to be paid.
For business partnerships, or where the parties prefer to be cautious when purchasing land as they are uncertain what would happen upon death of one or the other, the tendency is to go the "tenants in common" route.
The next column will focus on the tenancy in common procedure.
For further information or queries contact; Adrienne Mullings, public relations officer, National Land Agency, telephone: 978-2181-7 or e-mail:
adrienne.mullings@nla.gov.jm
Do
you have a problem? Is something bothering
you? Write to 