Jamaicans Must Understand the Importance of Boundary or Cadastral Surveys – NLA

The National Land Agency (NLA) is urging Jamaicans to understand the essential role that boundary or cadastral surveys play in the land-titling process, as part of efforts to increase land registration and reduce disputes.

Speaking in a recent JIS ‘Get the Facts’ interview, Senior Director of Surveys and Mapping at the NLA, Wayneworth Hamilton, clarified that while a boundary survey is a vital step in the land ownership process, it does not in itself constitute land ownership or a title.

“A boundary or cadastral survey is undertaken to define or redescribe property boundaries. This results in a pre-checked plan that is certified by the NLA and is one of the supporting documents for an application for title,” he explained.

Mr. Hamilton noted that many Jamaicans mistakenly believe that receiving a survey diagram means they have secured land ownership, emphasising that the land title is the official document that enshrines one’s legal interest in a property.

“Once you receive your diagram, that’s not the end of the journey. The next step is to register your property and obtain a certificate of title. That survey diagram simply outlines, mathematically and graphically, the extent of your land,” he said.

Providing further details, he shared that “a boundary survey remains valid for seven years, after which a commissioned surveyor must complete a declaration to confirm the accuracy of the boundaries. Should discrepancies arise, a new diagram must be prepared and re-certified by the Agency”.

Addressing common challenges faced in the field, Mr. Hamilton explained that legal objections from neighbours or occupiers can halt a survey.

“The Land Surveyors Act permits individuals with an interest in a property, including occupiers, to object to a survey using a prescribed form. Once that objection is lodged, the process stops until the matter is resolved, possibly by the Director of Surveys or through the courts,” he stated.

He added that Surveyors are required to notify all interested parties in advance, ensuring they have the opportunity to raise formal objections, as continuing a survey after a legitimate objection can result in disciplinary action.

The Senior Director also addressed the difference between a boundary survey and a surveyor’s report, noting that the latter is a comparative analysis to determine whether the conditions on the ground match those stated in a title, including boundary measurements and restrictive covenants.

“The Surveyor’s report ensures that what is documented in your title, like setbacks from boundaries, is the same on the ground. If there are any deviations, those must be documented,” he informed JIS News.

Once a survey diagram is received and certified, the applicant must proceed to the Office of Titles to register the property in order to obtain a certificate of title.

“You want to sit down with a certificate of title, not just a diagram. That is what establishes your legal right to the land,” Mr. Hamilton reinforced.

Persons seeking more information are encouraged to visit the NLA’s website at www.nla.gov.jm, send an email to asknla@nla.gov.jm, or visit the NLA office at 23½ Charles Street, downtown Kingston.