Caveats Prevent Registration of Land Already Owned


Lands being registered are advertised in the daily newspapers weekly so that if someone has applied to register land that another individual owns or has some interest in, a caveat could be lodged, said Joan Walker, Legal Officer at the National Land Agency.
A caveat is a form of injunction provided for under the Registration of Titles Act, and “anyone who has an interest in the application, can take this action.”
“It is a block to prevent further registration of the land, or to prevent the Registrar of Titles from issuing that particular title,” explained Ms. Walker.
The caveat is lodged at the National Land Agency, Titles Division, which is located at 93 Hanover Street, downtown Kingston.
“Any person who has a vested interest in the land can lodge a caveat. It is actually done in the form of a Statutory Declaration…The caveat by itself is not sufficient because it expires after 21 days, as is prescribed by the Registration of Titles Act,” Ms. Walker told JIS News.
After the caveat is lodged, the caveator (person who lodges the caveat) must “approach the Court to commence an action to prevent the Registrar of Titles from proceeding with the registration of the land.”
Copies of the documents filed in Court must be submitted to the Registrar of Titles within one month of the lodging of the caveat. Failure to notify the Registrar of the Court proceedings will result in the caveat being lapsed after a month and the registration process will continue.

JIS Social