Most lands in Jamaica are untitled, meaning: there is no official registration of the land and its ownership.

Official titles allow for greater efficiency with land transactions, as the official ownership and all other transactions related to the parcel of land are recorded. The title owner also gets first preference in disputes around the land should questions of ownership become contentious or even litigious.

Getting a title also makes using the land for other transactions much easier, for example, getting a mortgage, using the property as collateral, or if you wish to sell the property yourself at some point.

The legislation concerning these matters, the Registration of Titles Act, sets out parameters for these issues. Specific to this matter, Section 28 gives a list of persons who may apply for a first title. The usual applicants claim ownership in fee simple (the most complete interest in land for an individual).

The main reasons that persons apply if they:

• bought the property
• it was given to them as a gift by way of a deed or will
• it was given to them as a trustee upon the creation of a trust
• are the guardian of a minor or mentally incapacitated person who owns the property (in this circumstance, the title would be in the name of the minor or mentally incapable person with the applicant providing proof of guardianship so the application can be made on behalf of the owner)

The applicant will have to fill out the relevant form (available from the NLA and their website) and submit it along with the relevant supporting documents to the Land Titles Division of the National Land Agency. The supporting documents are usually proof of ownership (will outlining gift to applicant, trust documents, guardianship documents, conveyance or receipt evidencing purchase, sale agreement etc.) They will also need to submit proof of payment of taxes as well as a statutory declaration outlining proof of ownership, plus two supporting declarations from independent persons who can confirm the chain of events in ownership.

The application is then submitted to the NLA and if all requirements are met, then the Registrar issues the relevant notice in the newspaper to give the public the chance to contest the registration in case there are conflicting interests in the parcel.

Once the tear sheets are produced to show evidence of posting of the notice and no challenge has been made, the process to register the land will begin and a Duplicate Certificate of Title will be available to the applicant or their representative.

It is important that professional advice is sought before undertaking titling process to ensure that the relevant documents are in compliance and to help to make the process as seamless as possible.