The instrument of transfer is the document itself: the form, signed by the registered owner, that tells the Registrar of Titles to register someone else as proprietor of all or part of the land in a particular Certificate of Title. In Jamaica it follows the form prescribed under the Registration of Titles Act and is commonly just called “the transfer”.
What it contains
A transfer identifies the land by volume and folio and, if only part is being transferred, by reference to an approved plan. It names the transferor and transferee, states the consideration (the price, or a statement that it is a gift), and records how the new owners will hold the land if there is more than one of them, as joint tenants or tenants in common. It may also carry covenants or easements created on the transfer.
Signing and witnessing
The transferor signs before a qualified witness, such as a justice of the peace or attorney-at-law in Jamaica, or a notary public or other authorised person overseas. Companies execute through their authorised officers, usually under seal. Errors in names, missing witness details or signatures that do not match the title are among the commonest reasons documents are sent back.
Stamping and lodgement
Before the Titles Office will accept it, the transfer must be stamped by Tax Administration Jamaica, which assesses stamp duty and transfer tax. It is then lodged at the Land Titles Division with the duplicate title and fees. Once registered, the transfer is kept on the public record and the change of ownership is endorsed on the title.
Choosing the right wording
The choice between joint tenancy and tenancy in common has lasting consequences: with joint tenants the survivor takes the whole on a death, while a tenant in common’s share passes under their will or the intestacy rules. Couples, siblings and business partners should decide this deliberately rather than accept a default.
In England the equivalent document is the Land Registry form TR1; the purpose is the same, though the forms differ in detail.
Related terms: Transfer of Land, Transfer instrument, Stamp Duty, Transfer Tax, Lodgement of Documents, Registered Proprietor(s).
Accurate as at October 2026.
