Jamaican Squatters and their rights to title, depossess owner

There is now a growing rift between squatters and landowners real and potential as it relates to land in Jamaica. There seems to be a secret agenda somewhat to displace thousands of ‘squatting’ Jamaicans, but those carrying out this agenda are no always successful. Mind you this is not about condoning with illegal squatting or giving precedence to trespassing.
The reality is that any form of trespass whether to land or any other form is a civil and criminal wrong. There is a Trespass Act of Jamaica established in 1851 that creates criminal liability and makes provision for punishment for those who trespass on land.

However, there must be a complainant and within the right time according to law – whether by statute or by Common law, also referred to as Judge-made law.
Recent decisions made in the courts and the Limitations of Actions Act bars the ‘legal’ owner from evicting a ‘trespasser’ who remains on the property for a select period of time undisturbed. The time period vary for untitled or registered land and land that is registered or with title.

The Constitution of Jamaica at Section 18f applies the Limitations of Actions Act established in 1881 and the Common Law to protect the rights of such persons who entered as trespassers. These ‘trespassers however must have remained on such land over a set period prescribed by law undisturbed and meeting certain conditions. One main one bring that they must not have used fear to enter. Another is that the land should have been neglected or left idle somewhat.

Squatters throughout Jamaica therefore have rights to even depossess the owner. Simply put where owners are not vigilant and take efficient action they may lose their rights to what was at one time legally theirs to someone who entered without their permission.
It must be noted that even the State, the Jamaican government can be deprived of its property provided the squatter remains over the limitation period of 60 years and meets the other conditions.

Definition – squatting, squatters, squatter settlement

[Squatting describes the illegal occupation of illegal occupation of land, or the illegal erection or occupation of a dwelling.
A squatter is anyone who occupies or dwells on a piece of land left vacant, and that person possessing no legal right to the said land, enters without permission of the legal owners, or the one with legal entitlement.
A squatter settlement is a area occupied and therefore transformed into a residential area by occupancy of squatters over a period of time.]

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