REPLACING A LOST OR DESTROYED TITLE
Caveats Against Registering Land:
To obtain a new Certificate of Title to replace one that has been
If someone has applied to register land that
destroyed or lost you must:
you claim ownership of or have any mortgage, lien or other interest against, you may lodge
1. Apply to the Registrar of Titles by way of statutory declaration
a caveat against bringing the land under the
proving the loss or destruction of the title. The statutory
Registration of Titles Act. The Caveat must
declaration is to be headed: “In the matter of the Registration
be lodged within the time prescribed by the
of Titles Act and an application by ---(insert owner’s name)
Referee of Titles in the advertisement. Lands
for a new Certificate of Title in place of the lost/destroyed
being registered are advertised in the daily
duplicate registered at Volume, Folio”.
newspapers - on Tuesdays in the Gleaner and
2. The application must identify the land by reference to the description of the land as set out in the lost or destroyed Title
Tuesdays and Thursdays in the Observer and Tuesdays in the Star.
and include the Volume and Folio numbers. If the Volume and Folio numbers are not known, they can be ascertained by a
An action must be commenced in court within
Title search at the Land Titles Division.
30 days of the date of lodgement of the caveat
3. The true and actual value of the land with all improvements must be stated.
in respect of the interest claimed. A copy of the document filed in Court must also be submitted
4. Evidence to satisfy the Registrar of Titles that the duplicate
to the Registrar of Titles within one month.
Certificate of Title has been lost or destroyed must be provided.
Failure to notify the Registrar of Titles of the
5. Applicants should retain the services of a practicing attorneyat-law.
Court proceedings will result in the Caveat lapsing after a month and the registration completed.
Note: The processing time to replace a Lost Title is 3 months.
HERE ARE A FEW OTHER SCENARIOS TO CONSIDER: LAND TITLING PROCESS FOR: Land acquired from a Will
DOCUMENTATION REQUIRED: Transmission Application, Grant of Probate with the Will Annexed, Estate Duty Certificate and duplicate Certificate of Title. Transfer Instrument, Transfer Tax Certificate and duplicate Certificate of Title
Land received as a gift from a
Stamped Transfer Instrument, Transfer Tax Certificate and duplicate
living person
Certificate of Title.
Purchase of land within a sub-
Stamped Part of Land Transfer Instrument, Transfer Tax Certificate,
division
Subdivision Approval, Pre-checked Plan/Deposit Plan and duplicate Certificate of Title.
CAUTION Inability to provide documentary proof of ownership could delay or impede the process of obtaining a title. In instances where the Applicant is unable to provide proof of ownership, the Application will be refused, and the only available recourse is to proceed to Court to have the matter fully ventilated and a decision handed down by a Judge. Where the delays are caused by errors, the Applicant through his/her attorney-at-law must make the necessary amendment and have the Application resubmitted. The constant rejection from improperly prepared documents will cause inordinate delays. For additional details involved in obtaining or replacing your Land Title visit the NLA website: www.nla.gov.jm or contact their office at 8 Ardenne Rd, Kingston 10. CIJ 12 CIJ FALL 2018