A person who describes herself as a regular reader of THE STAR, and this column in particular, writes to ascertain what to do in circumstances where about 10 years ago, she bought what she described as a "lot of land" in a rural district in St. Mary.

At the time of purchase and after payment of the full amount she was put in possession of the land where she now has her family home. Also at the time of purchase, she received a document filled out by the vendor: 'Mas Joe'. The document she received, she said is her title. This, at best, is a common law title. However, she now wants to find out how to get a registered title for her property.

This is a common problem in Jamaica, as many Jamaicans own and occupy land without a registered title. The first assumption that we should make is that the land is not part of a parcel of land, which is on a registered title. The first step, which I would suggest, is to secure the services of a commissioned land surveyor to prepare a diagram of the area occupied.

Second, it is important that you pay the taxes on the land and obtain a certificate of payment of taxes. This sometimes poses a problem in that the tax roll is not in the name of the present occupant and so sometimes taxes have been paid by another person or not paid at all. However, whatever the situation, it is critical to present the certificate for payment of taxes.

Find 30-year residents

A third requirement is identify two persons in the community who would have known the land for upwards of 30 years. The importance of this is that you have to present these names to your lawyer who will have to prepare statutory declarations for these persons to say that they have known the land for 30 years and over these years the said land was occupied by the vendor, Mas Joe, and thereafter by the now occupant and owner who exercise all rights as owner. You are required to know these persons correct names, addresses, occu-pations and ages.

At the point that you have in hand your common law title (the document handed to you by Mas Joe), and or receipts for the purchase of the land, the certificate of payment of taxes, the diagram bearing the Survey Department stamp and number and the names and particulars of the two persons who will say that they know the land for a period of upwards of 30 years, you are now ready to go to your attorney-at-law to prepare the documents, including an application to be signed by you. The application would provide details of your purchase and occupation of the land. If Mas Joe is alive, it might also be important to obtain a declaration from him that would say that he probably bought the land 40 years before it was sold to you and that over these years he has been in occupation of it until it was sold to you.

A trip to the stamp office

After the documents are prepared, the application will be sent to the Stamp Office for assessment and the payment of Transfer Tax and Stamp Duty (this is assuming that the common law title was not stamped). When the taxes and duties are paid, the application, diagram, certificate of payment of taxes and statutory declarations are all lodged at the Office of Title for processing. This may take some time but your lawyer will follow up and give you regular updates. The end result is a brand new title endorsed in your name and or your nominee. Best of luck with your application for a registered title.

knb@bishopfullerton.com.