DEAR LEGAL WIZ,
Last week I received a document from the National Land Agency that someone was applying for adverse possession of my property. I realised it was my tenant who paid me up to last week. I am in UK, and this letter was posted over a yer ago, but it just came to my address. I need some help. What information can you give before I go to a lawyer? I have my title, I have my tax receipts, I have proof this fellow has been paying me rent for the past ten years. I even sent him monies to paint and fix up the place. I go there every year, so I cant understand how he is trying to take over my land.
My funds are low right now due to some challenges, and the other persons on the title are depending on me.
Dale in UK
Thanks for writing in. So by our research, there are some viable optons to the possible cause of a notification.
The dude could just be buying land nearby, and you got sent a notification.
Or you just might end up in Supreme Court to get back that title, depending on how far along the process is, if in fact it is an application to ‘take over’ your land. So, reach out to the office or a lawyer who specialises in land issues, immediately. Repeat one who specialises in land, and no other.
One attorney-at-law suggests that you take steps to do a caveat, or at least put in an application for injunction till you can afford an attorney. Bear in mind though that there are legal aid clinics, where the monies requested are reduced by government subsidiary. You also could try linking with recent graduates making a fresh start, but specialising in land law of Jamaica.
For an adverse possession application to be successfully, the applicant must prove
– they occupied undisturbed, without permission, for over 12 years
– they paid substantial taxes for at least 12 years
– they did not use abuse of any kind to be there
The above does not constitute legal advice, and are done by inhouse senior journalists, chiefly Anthea McGibbon, after research and discussion with attorneys-at-law and other specialists, as necessary. Please remember that names are changed at times by request of the person seeking information.
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