In a previous series, the concept of adverse possession was explored. Admittedly, the vantage point was from that of the adverse possessor and what they would need to prove in order to acquire title to the land, as well as the steps involved.

For completeness, it is only right that the original owner’s rights are explored as well.

Firstly, the concept of adverse possession emerged in law as a deterrent to land owners against leaving their land idle. Land usage generates revenue for the government and leads to economic activity, whether through using the land for said activity, or paying of taxes on the land and/or buildings on it.

The most important factor in foiling ad adverse possession attempt, is any action of constructive use and possession. It is useful to note that simply paying the taxes for the property, will not disturb the potential adverse possessor. This is why it is described as “constructive use”. Actions that a clear and obvious that are signs that you wish to be in possession of the property.

The precents set my court matters of this nature have described such actions as constructing a building or fence on the property and then subsequent maintenance of same; planting crops or raising animals; putting the occupier on some sort of lease or tenant agreement. These acts are usually described by the courts as acceptable to re-establish possession and stand a statement of intent from the title owner.

This bit of judgement has been used in Jamaican courts to give context to what is required- acts amounting the dispossession. It is important that those acts be unambiguous and involve actual use of the land and it MUST take place before the required twelve year limitation ends. Any act of this nature done by the title owner, will reset the timeline and the time will cease to accrue.

It is important that an objection to the advertisement placed in the newspaper that the Registrar if Lands has to run before issuing a new title, is not in and of itself an act of ownership. That objection will simply invite the Registrar or the courts if necessary, to examine the nature of the objection to determine if the claim of the adverse possessor is incorrect.

The title holder will have to prove that he did any act mentioned, or acts similar in nature and therefore should not lose his access to the adverse possessor. It is important for title owners to exercise their rights over their land and ensure a claim cannot be made successfully.