Systematic land registration improving land tenure security

Manager of Adjudication Services at the National Land Agency (NLA), Chalene Laughton. (Contributed Photo)

 

The National Land Agency’s (NLA’s) systematic land registration programme is improving land tenure security, reducing land disputes and empowering landowners for economic activity.

 

This is according to Manager of Adjudication Services at the NLA, Chalene Laughton, who noted that the aim is to significantly move the rate of land registration across the island, up from 63 per cent.

 

Systematic land registration is a methodical and orderly registration of parcels of land in a designated area, known as a systematic adjudication area.

 

Speaking during a Real Estate Development Webinar hosted by the Jamaica Developers Association (JDA) recently, Ms. Laughton explained that in jurisdictions wanting to pursue land tenure regularisation, one of the most consistent means of
realising this objective is by using an adjudication process to establish ownership rights.

 

“In order to do this, the [NLA] has a division, the Adjudication Services Division, and their job is to assist landowners who have been in open, undisturbed and undisputed possession of their land for 12 years or more. We allow them to claim
ownership of such land via the systematic land registration process,” the Manager outlined.

 

She noted that the process begins with the designation of an area as a systematic adjudication area by the responsible minister.

 

“Once it's declared and gazetted, the public education and awareness start. So, we go into the area, we explain to persons what we are about, what we are doing, what is required of them, when the team will be out, et cetera,” Ms. Laughton explained.

 

She noted that surveyors are then deployed to the adjudication area to get the parcels of land surveyed, following which the legal team goes out and undertakes the adjudication of rights process.

 

“This process is a door-to-door exercise…; they knock on each door, speak with the person… ask them specific questions… and then they go next door, they speak to the neighbour. In speaking to the neighbour, they also get information about the previous property they are coming from. So, that is how they get the connection of the information,” the Adjudication Services Manager explained.

 

She noted that once all the information is gathered, it is presented to the Director of Adjudication Services, who decides on whether the person has met the requirements for registration.

 

“Once all of that is completed, there's the preparation and display of the adjudication record… . The adjudication record is paper-based, and it lists the parcel number, the person, name, address, occupation, the CADMAT number…everything is
stated on there… So, for everybody in the community, all the applicants, it is displayed… and it is displayed at a popular place… for thirty days,” Ms. Laughton said.

 

She explained that if there are no objections to the record, an adjudication certificate is issued. However, if there are objections, then a determination must be made regarding ownership.

 

“All objections to the record must be referred to the Director of Adjudication Services. So, the moment there's an objection, there's a form that is completed and it is submitted. The Adjudication Director then asks the adjudication committee to convene the hearing, to listen to the matter, and then they will make a determination,” Ms. Laughton said.

 

She noted that the adjudication committee consists of five persons – an attorney at law, called to the bar for 10 years or more; a commissioned land surveyor who has been commissioned for 10 years or more; a Justice of the Peace, usually from within the locality; a Minister's representative, and a community representative.

 

“Now, if the matter goes before an adjudication committee and the team, the person is still dissatisfied, then they will have to proceed to court,” Ms. Laughton explained.

 

Once there are no objections, the adjudication certificate is issued and sent to the office of titles for the processing of the certificates of title.

 

The Adjudication Services Manager noted that three types of titles are issued coming out of this process – the absolute, qualified and provisional.

 

“If we are unable to determine who is the owner of the land, or if we are unable to find the person who is supposed to be in possession of the land, then the title is created in the name of the Commissioner of Lands, where it is being held on trust. And when the rightful owner comes up, or we're able to settle a matter, then the property will be transferred from the Commissioner of Lands to the person,” she outlined.

 

Ms. Laughton emphasised that there are many benefits of the systematic land registration process.

 

These include the registration costs being subsidised by the Government, the service being brought to landowners’ doorsteps and a large number of registrations being undertaken in a short period.

 

“The applicants pay nothing until the title is produced. A caveat is placed on the title, so they can't mortgage or transfer the property until they pay the cost of doing a registration… . They can pay all of it if they want. They can pay it monthly; they can pay in parts. There's no pressure on how long they need to take to pay,” Ms. Laughton pointed out.

 

She noted further that delivering titles to the nation’s citizens will enable their land to be leveraged as a valuable economic asset.

 

“You can use your title as collateral. You can go to a financial institution and stand bravely because you have security, if that is your personal choice,” Ms. Laughton stated.

By Donique Weston

 

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