In a previous story, we defined adverse possession and how it works. For a refresher, adverse possession occurs when a person does not have permission from the legal owner of a property to use the property, but can gain ownership by way of occupying the land uninterrupted for a specified period. Importantly this specified period ranges from 12 years for private property and up to 30 years for government property. For this article, we will discuss the application process for privately owned property.

This is provided for by Section 85 of the Registration of Titles Act. Section 85 states that a person who claims ownership via possession has the ability to apply to the registrar for a title in keeping with the act. Simply put, if you have possessed of the land for the required time and now are in a position to claim ownership, you may apply for an official title.

Section 86 goes on to describe the process required to acquire the title and we will explain some of those steps simply. The first step is to fill out the required application, which is available at the National Land Agency. The application is to be accompanied by what is called a statutory declaration, outlining very specific things needed to prove possession, the requisite fees and supporting proof of the payment of taxes.

The application could take one of two forms. It could be an application to register a piece of land that was not previously registered or the person may apply to have their name put on the title for a parcel of land that already has an official title but they have now possessed part or all of it and want to have their name on the title.

Both these applications require full names, addresses and occupations of the applicant(s), dimensions of the land according to an official survey of the parcel, as well as the precise location of the parcel. Should a survey description not be available, there must be a clear description of the land in a metric unit along each boundary. The applicant must also provide the value of the parcel, including any buildings that might exist on it.

The other requirements are described on the application itself and must be filled out with as much detail as the applicant has available to them. The more information that can be provided, the more assistance that will be to the Titles’ Office.

The application must be accompanied by three declarations: one by the applicant and two by independent persons who are familiar with the history of the parcel of land. These declarations must essentially give the history of the applicant’s association with the land, how they came to know if it, how they came to be in possession, what acts of possession they have exercised (living on it, erecting buildings or fences, planting trees/crops, landscaping, etc) and proof that the original owner has not interrupted the time in any constructive way.

The application and all the accompanying documents are submitted to Titles’ Office and the Referee of Titles is responsible for reviewing them. If the referee is satisfied with the application, they will recommend to the Registrar of Titles for the title to be granted in the name of the applicant. The registrar then has to advertise in the local newspaper in two consecutive weeks, to allow the official owner or anyone in connection to them, a chance to mount a challenge to the change in ownership.

Should six weeks pass and no challenge is mounted, then the applicants should submit the pages from the local newspaper with the advertisements as proof they were published and then the registrar would issue the title in the name of the applicant.

Of course, there are many other intermediate steps and issues that can arise, as this is a simplified explanation of the best-case scenario, but it is important to note these main steps. It is best to consult an attorney for this process and receive guidance on the proper way to go about receiving a title in this manner to avoid any challenge from the original owner at a later date.