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You Snooze, You May Lose Your Land: Understanding Adverse Possession in Jamaica

Dean Jones's avatar
Dean Jones
Dec 18, 2022
∙ Paid
Elderly Jamaican landowner, clad in worn denim overalls and a wide-brimmed straw hat, stands proudly in front of his lush, vibrant Caribbean landscape, with rolling hills and swaying palm trees stretching towards the horizon. Warm, golden light casts a gentle glow on his weathered face, etched with the lines of a life well-lived.

“Good things might come to those who wait, but not for those who wait too late.” This phrase applies to land ownership in Jamaica, where delaying action could mean losing your land through adverse possession.

Under Jamaican law, adverse possession allows someone—commonly called a squatter—to gain ownership of land they’ve occupied openly and continuously for at least 12 years without the owner’s consent. While some view this as unfair, the law prioritizes consistent land use over inactive ownership.

How Adverse Possession Works

After 12 years of uninterrupted possession, the squatter can:

  1. Extinguish the owner’s title.

  2. Apply for a Certificate of Title through the National Land Agency.

  3. Prevent the owner from reclaiming the land once the claim is proven.

To succeed, squatters must demonstrate acts of possession, including:

  • Maintaining boundaries with fences or walls.

  • Cultivating or debushing the land.

  • Paying property taxes (though this alone doesn’t confirm ownership).

Once validated, the squatter …

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