Lost land title?

WITH the recent demolition of more than 20 houses at Cooper’s Pen in Trelawny, the issue of how to prove you have a legal claim to property is on many people’s minds. The Certificate of Title, or land title as it is often casually referred to, is the document that holds sway in a court of law. It is, therefore, imperative that all reasonable steps be taken to keep this important document safe.

As the primary legal document that establishes the registration of the land or property, the land title is the cornerstone of land ownership. It contains the name of the owner, a description of the property, and any restrictions or rights affecting the land.

It is important to note that the Office of the Registrar of Titles at the National Land Agency (NLA) keeps the original document at all times. It issues a duplicate copy to the land owner and this copy carries equal weight as the original. So what do you do once you have confirmed that the duplicate copy (from here onwards referred to as the land title) is lost, stolen or destroyed? What impact does this have on your claim to the property?

The first step is making an application for the document to be replaced. This is made to the Office of the Registrar at the NLA, and the Lost Title Application form is available on the NLA website. The agency has the authority to issue a new duplicate of the original and cancel the copy that was lost.

The new land title is issued by the Registrar of Titles and gives you the same legal rights as the original title — meaning you may legally sell, mortgage or transfer the land.

Of course, there are safeguards in place to ensure only legitimate owners may successfully apply. An application for the replacement of a lost certificate of title may only be made by the owner(s) of the land; the bank or mortgagee; someone acting in place of the deceased owner under a grant of probate or letters of administration; or someone who has the authority to represent a company or corporate body.

If you are applying for a new land title on behalf of a registered owner(s) who has died, you must submit proof of authorisation to make the application. For example, you will be required by the Registrar of Titles to submit the grant of probate or letters of administration documents.

If you are applying for a replacement of the lost or destroyed land title on behalf of a company, you must state that you have the authority to apply and provide proof that the company is still in existence. This will typically be a current certificate from the Office of the Registrar of Companies.

If the original land title has more than one registered owner, all the owners must make the application or you must provide the reason(s) why all the owners are not able to apply — for example, where one registered owner has been deceased you must note the death of the deceased owner on the land title. This is typically a Note Death Application made to the Office of the Registrar at the NLA.

THE APPLICATION PROCESS

If you have lost your title, the application for a replacement will require details of the last location of the lost document, who last had it in their possession, searches that were done to locate it, and who conducted the searches.

Information requested on the form includes:

• Your name as it appears on your Government-issued identification, your address and occupation;

• A description of the land as it appears on your lost land title, including the place name, lot number, volume and folio of the land. If you do not have the description of the land, a search may be done at the NLA or the Land Titles Division (Titles Office);

• The true value of the land, including any improvements;

• Details of the loss or destruction of your copy of the original title, including when, where, how the land title was lost or destroyed, where it was kept, and who last saw it;

• Who had access to your copy of the land title;

• Whether your copy was submitted or used to apply for a mortgage or loan;

• Details of the search to find your land title;

• The registrar of titles also requires that you swear to return your copy if you ever find it; and

• The registrar of titles will also indicate that you need to request that the copy which you lost should be cancelled.

If the title was stolen or lost you will be required to state clearly that a police report was made. If you have indicated that it was destroyed by fire, you will be asked to provide proof that a fire report was made. The fire or police report must be attached to the lost title application.

If the land title was in the possession of anyone other than the registered proprietor, for example an attorney-at-law, relative or an individual who has power of attorney, then a statutory declaration has to be done by that person stating the reason the title was in his possession and how it was lost or destroyed.

Both the application form for the replacement of the title and the supporting statutory declaration must be witnessed by a justice of the peace or an attorney-at-law.

There is also a requirement by the Registrar of Titles that you state that you will return your land title if it has been found or if it ever comes back into your possession; and that copy must be immediately returned to the Registrar of Titles for cancellation. This is to be done even if the application for a new duplicate land title has begun or a new land title has been issued to you.

The completed application form, supporting statutory declaration (as needed), and the required fees (these start at $3,000, but seek the NLA’s guidance) must be submitted to the Titles Office.

If you are planning to transfer or sell the land, the application for the new land title may be submitted along with the application to transfer the land to someone else. The new land title issued by the Registrar of Titles will be registered in the name(s) of the new land owner(s).

AFTER YOU APPLY FOR A NEW LAND TITLE

Following the submission of the Lost Title Application and statutory declaration (if needed) for the new land title, the registrar of titles will advise you to advertise in the local newspaper that your original copy of the land title has been lost or destroyed.

After this, you will be required to submit the original newspaper advertisement to the registrar of titles at the Titles Office. The registrar will wait two weeks after the last advertisement to allow for any objections to your application. If there are no objections, the registrar will issue a new land title and the one previously issued to you — and which is noted in the Register Book of Titles — will be cancelled.

The new land title takes approximately four weeks to be issued by the Registrar of Titles.

Once the new land title has been issued by the registrar you will now be able to legally sell or transfer the property or land, enter legal dealings with the property, and safeguard your legal interest and investment in the property.

Suejen M Haynes is an attorney-at-law and may be contacted at suejenhayneslaw@gmail.com.