Buying Property in Jamaica?
Verify the Title Before You Buy.
Buying property in Jamaica? Make sure the seller really owns it.
When buying property in Jamaica, one of the biggest mistakes is assuming the seller’s ownership of the property is sound.
Checking if the seller owns the land and can sell it appears to be a simple step, but a misstep here may cause great consequences for a Buyer. It is the responsibility of the Buyer’s Attorney to confirm to the client (Buyer) whether the Seller’s title to the property is good or not.
There are two kinds of titles in Jamaica:
Registered Title (registered land) – proved by a duplicate Certificate of Title bearing a Volume & Folio number and the owner’s name.
Common Law Title (unregistered land) – proved by a 40-year chain of deeds (“root of title”).
It is easier for a seller to prove good title when the land is registered, as they can present the duplicate Certificate of Title bearing their name.
Why does title verification matter when purchasing a property?
Confirm the Seller is the registered proprietor. There are instances where there are more than one owners of the property.
Expose any mortgages, liens, restrictive covenants and/or caveats.
Catch clerical errors or competing instruments that could cloud the title.
Detect adverse-possession (“squatters’ rights”) claims.
Satisfy lender requirements. Banks will not release mortgage funds without a clear title.
Strengthen a claim for specific performance.
Preserve future marketability and facilitate title insurance coverage.
Guard against identity fraud.
How can I verify a title?
1. Collect the basics.
Ask the vendor (or their attorney) for a copy of the duplicate Certificate of Title or at minimum the Volume & Folio reference. Without those numbers the Land Titles Division may not be able to run the search.
2. Order an NLA title search
Visit National Land Agency and pay the fee (minimal). Your lawyer will read:
Proprietorship – confirms the registered owner (which unfortunately may not be who you are buying the property from)
Encumbrance – lists mortgages, restrictive covenants and caveats.
Plan/reference – shows relevant strata or subdivision plans
3. Check for existing or potential caveats
A caveat is a short-form injunction under section 139 of the Registration of Titles Act. Think of it as a statutory “pause button” where the Registrar will not record the transfer (sale) until withdrawn, lapsed, or removed by court order. Treat all caveats as a red flag, however, some caveats indicate claims of ownership by others such as squatters, spouses, or even another buyer. This may delay or even prevent your purchase from moving forward.
What if the land is unregistered ?
Your attorney must prove an unbroken root of title for at least 40 years and may advise first registration at the NLA before completion.
Ownership of unregistered land is established through a series of instruments, deeds and events going back these many years. The steps to investigate the Seller’s title are more involved and time consuming than for registered land.
It is highly recommended that an Attorney is engaged to assist with the purchase of any property in Jamaica. Title verification of property can save years of litigation and protect your hard earned investment.
This content is for general information only and does not constitute legal advice. 