Common Law Title can be Presented to Obtain Registered Title

A Common Law Title is one of the documents that can be presented to demonstrate ownership of property, when seeking to obtain a registered land title at the National Land Agency (NLA).
The common law title is a Deed of Conveyance, which is a legal document prepared under seal by an attorney-at-law, containing an agreement involving the conveyance or transfer of property from one person to another.
“The common law title will set out the premises that are being conveyed. The particulars of the parties, that is, the vendor and the purchaser and the considerations for the property, which is the amount of money that the property is being sold for,” explained Joan Walker, Legal Officer in the Land Titles Division of the NLA.
This document can also be purchased at several stationery stores, but must be signed and witnessed by a Justice of the Peace or Notary Public, and recorded at the Registrar General’s Department (RGD).Once secured, the common law title can be used, along with other relevant documents, to obtain a registered land title for an unregistered property.
The other documents required by persons seeking to register their unregistered property include, an application form, completed in the manner prescribed; an affidavit setting out the details of how the land was obtained; two declarations from persons who have known the land for at least 30 years; as well as an up-to-date tax certificate indicating that payment of property taxes is current.
If the parcel of land is being registered by reference to a survey plan, then it will be necessary to submit a pre-checked survey plan, along with the application. If the description of the property is not by survey plan, then the description of the land should be by measurement and boundary (estimated description). It should be noted however, that the distance must be stated in metric units (more or less) along each boundary line and the estimated area of the entire parcel should also be stated in metric.Any other documents that can prove ownership, such as receipts, conveyance or probate, should also be produced.
“Probate is required if the property was obtained by virtue of a will. In such a case, you will need to submit the documents relating to that particular estate, for example the Probate Document and the Estate Duty Certificate,” Miss Walker explained.Additionally, the common law title can be used to secure a loan from lending institutions, such as co-operative societies and the National Housing Trust (NHT).
“The National Housing Trust does accept a common law title under The Facilities for Titles Act, for certain specific loans. However, any person who uses a common law title to secure a loan, must establish the root of the title. This is done in the form of Statutory Declarations,” Miss Walker informed.