Sale and purchase of property

 

Owning your own property and having your name on title is a great thing. Once you are 18 years old or over you can hold title to a property. It is important to know that whether you are buying or selling land you must have a title for that property you are selling.

 

If you do not have a title then it is time to schedule an appointment with the Attorney. When buying property you buy the property as is. You cannot demand that the seller change anything on the property to your liking. It is therefore important that you inspect the property before buying. You should also inspect the title.

 

You need an Attorney to represent your interest in the sale or purchase of property.

 

Transfer of property & Notation of Death

 

Many persons would like to transfer property to loved ones and are not sure how. You will need to sign the requisite Transfer Form from the Office of Titles. First, you will need to decide if your name will remain on the title or you will do an outright transfer and not remain as proprietor. 

Where a joint-tenant has died you simply need to note that person's death on the title and their benefit comes to you. 

For both matters you can schedule a consultation with the Attorney. 

 

Deeds & Power of Attorney 

 

Deeds and Powers of Attorney are important documents used by individuals when they want to secure an asset and give a benefit to someone.

 

A Power of Attorney is needed especially if you are travelling abroad and need someone to look after your property whether it be real or personal property. Do not worry that you are not going to be here to sign documents. The Power of Attorney will ensure that your business and your property is taken care of. 

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If you want to transfer property as a gift to someone you will need a Deed of Gift.

For both matters you can schedule a consultation with the Attorney. 

 

Land Titles, Subdivision of land and modification of title breaches

 

Land titles is a big issue in Jamaica. There are several unregistered lands and there are several lands that are registered but the true owner does not have a title in his/her name. 

 

It is important that if you are living on property for many years and have no title for it that you try and obtain a title in your name so you can use it to secure loans and in the end transfer to your loved ones. 

 

Subdivision is needed for properties that you want two or more titles for. This is a lengthy process that involves the Parish Council/Municipal Council.

 

You will also need the approval of the Council for modifying title breaches. Several persons build property but do not have any approval for it and in some instances breach the restrictive covenants on the title. These breaches must be modified. 

 

The services of an Attorney are needed for these matters and so you should schedule and appointment to sort out your property issues. 

 

Boundary disputes/encroachment

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Boundary dispute can cause much contention with neighbours. Sometimes when persons are building their fence they encroach because they do not first contact a surveyor to ensure their boundaries are correct.

 

If you have encroached or someone has encroached your property with their fence that fence has to be rectified or the title rectified. 

 

Make an appointment to discuss any boundary dispute you are experiencing.

 

Restrictive covenant breach/rectification

 

The title for your property has a list of restrictive covenants on the face of it that must be adhered to. When you breach these covenants you must rectify them.

 

You will also need the approval of the Parish Council /Municipal Council for modifying title breaches. Several persons build property but do not have any approval for it and in some instances they breach the restrictive covenants on the title. These breaches must be modified. 

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The services of an Attorney are needed for these matters and so you should schedule and appointment to sort out your property issues. 

 

Tenancy

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These are the main ways in which you can hold title for property in Jamaica:

 

• Joint –tenant – the parties hold the property jointly and upon the death of one joint tenant the survivor will only need to note the death on the title. Joint-tenants must sign to everything relating to the title. One cannot do anything without the other.

• Tenants-in-common – this is where the parties hold the title in equal or unequal shares but not jointly or not together. Either tenant may will their share or transfer their share without the need to have the other tenant agree or sign.

• Sole proprietor- where one person hold the title in their name.

 

The services of an Attorney are needed for these matters and so you should schedule and appointment to sort out your property issues. 

 

General

 

The services of an Attorney are needed to deal with all title matters including putting a caveat on a title or lifting a caveat that is already on the face of the title. Caveats are usually lodged by someone with an equitable or legal interest to the property which sometimes include a JPS caveat.  

 

For these matters and so you should schedule and appointment to sort out your property issues and learn more.