Adverse possession in Jamaica can simply be defined as the act of occupying/residing at a property which is owned by someone else with the intention of owning it as your own. With that, you are treating the property and acting as if it is your own. In Jamaica if you intend to make a claim for adverse possession, you would have to prove that you have enjoyed open and undisturbed occupation of the property for more than 12 years, for privately owned property and for more than 60 years for government owned property.
An application for adverse possession in Jamaica is made through the National Land Agency and the following is a preliminary checklist of things that you should include in your application:
· The Application Form
· Two or more Statutory Declarations
· Certified Copy of Title
· Payment of Property Tax Certificate
· Survey Diagram of property
· Land valuation report for the property
· Death certificate (if necessary)
· Initial Lodgment Fee
· Publication of Notice
· Final Lodgment Fee
Note that the above checklist is merely a guide as to what you should be considering when making an adverse possession application in Jamaica; however, it is not a comprehensive list and the requirements for applications may vary depending on the specific situation of that property or the applicant. With that, it is best to seek the assistance of a lawyer who is experienced in making such applications for guidance with your specific case.
Disclaimer: This article is only for information purposes only and must not be relied upon as alternative to legal advice from your attorney.
