Land grab fears - Multiple disputes put adverse possession laws under scrutiny

A St Thomas resident says he is preparing for a court battle after discovering that another individual is seeking to obtain title to a half-acre property he has occupied and maintained for more than 15 years under Jamaica’s adverse possession laws.

Fearing reprisal, the man asked The Sunday Gleaner not to use his given name. Instead, we will call him John Duffus.

Duffus asserted that he has occupied the half-acre property for over 15 years after the previous owner Lindy Whyte* migrated and allowed him to farm on the property while paying the relevant taxes each year. He showed The Sunday Gleaner photos of his time farming on the property over the years.

Whyte subsequently died and Duffus claims he continued to maintain the property while paying the annual taxes.

The St Thomas resident provided The Sunday Gleaner with receipts showing he has kept up the payment over the years, except for one year.

His shock came on a Sunday this past July, when groups of people suddenly appeared to tour the property, all referencing recent “for sale” advertisements.

According to him, he went to the National Land Agency (NLA) on Ardenne Road in St Andrew the following day, armed with his tax receipts and learned that someone had claimed the property through adverse possession in 2025.

He demanded the documentation that had been provided by that person.

Duffus, who did not seek to pursue ownership himself over the years, shared the documents he received from the NLA. The Sunday Gleaner is opting not to reveal that person’s name or the name of the land surveyor at this time.

He questioned the authenticity of the NLA documents, arguing that the information they contain appears to be entirely fabricated and raised concerns about what efforts were made to verify such information.

“For example, this man is saying that ‘I reside and have my true place of abode at [the same lot].’ He doesn’t live here obviously. The document also says, ‘I am in possession of all the land, aforesaid deposited the Office of Titles.’ I have known the land for 19 years and I’ve never seen this guy,” he told The Sunday Gleaner.

Duffus further stated to The Sunday Gleaner that the community has become a prime target for individuals with criminal or malicious intent.

“This subdivision here was made for retirees from England and a lot of them have died and their kids have no interest. And so what happen, people just go through at Land Agency and look to see what’s empty lot and adverse it,” he asserted.

Duffus said he stopped farming on the property a few years ago.

An on-site visit by The Sunday Gleaner revealed a well-maintained lot entirely free of buildings or farm crops, exposing discrepancies in the official surveyor’s report submitted to the NLA and reviewed by our team.

“He said [in his application to the NLA], ‘I would farm lettuce, pumpkin, cabbage, tomato, peppers and he fenced it around and built a house on it.’

“That’s how he got to change over because the law seem to say you can possess something you’ve been on uninterrupted for 12 years. You can’t just see piece of land and say I’m paying tax on and take it, which is what they’re doing,” Duffus complained.

He admitted that there was one year that he did not pay the taxes and he claims that’s the year the person paid off to strengthen his adverse possession claim.

Duffus showed The Sunday Gleaner the receipt for a caveat he has since lodged at the NLA, a legal mechanism that blocks any property transactions until the ownership dispute is resolved.

Duffus’ experience is not an isolated dispute. Across the island, property disputes are raising similar questions about the vulnerability of landowners and occupants under Jamaica’s adverse possession laws, especially after a demolition exercise in Cooper’s Pen, Trelawny, last Tuesday.

Meanwhile, over in Montego Bay, St James, Carol Weller, who is the daughter of the late Jim Downer and executor of his estate, has taken siblings Robert and Marceline Hayle to court alleging fraud and claiming for recovery of possession asserting that they knowingly made false declarations to obtain a duplicate certificate of title.

Weller is also claiming, among other things, general, aggravated and pecuniary damages and is asking the court to order the defendants to quit and deliver up the vacant property.

Last Thursday, the court did not give a final decision on the injunction but has imposed an interim one to prevent transfer of the property.

On Friday, The Gleaner reported on the case of 75-year-old William Phillips from St Elizabeth, who is appealing for Justice Minister Delroy Chuck’s intervention after the courts ordered him to vacate land he has lived on for 41 years by today, after Harold Jones provided a title with his name convincing the court that he was the rightful owner.

The court also ruled that Phillips had signed a consent order agreeing that Jones was the rightful owner.

But Phillips told The Gleaner he had signed under duress and did not understand the document presented to him.

The NLA has not provided answers to several questions The Sunday Gleaner submitted on July 29, despite repeated follow-up calls, emails and text messages.

The NLA, which is the state agency responsible for centralising the country’s land management, property registration and geographic data, indicated last Friday that it was unable to provide answers and could not provide a timeline on when those answers would be provided.

The Sunday Gleaner sought a comment on the overarching issues from an attorney versed in real estate matters.

“While I would not comment on live contentions before the court, but speaking generally, the protection of the integrity of the registered title system is vital to its viability,” he explained. “This includes protecting same from abuse and misuse. An exception to an indefensible registered title is if same was obtained fraudulently whether by manipulated instruments or false declarations. These are things for our courts to consider and ultimately determine.”

Jamaica’s adverse possession laws allow for an “unauthorised occupier” to claim legal ownership of land if they have held it undisturbed for 12 years in the case of private lands and 60 years in the case of Crown (government) lands.

However, occupying the land or paying taxes does not automatically grant ownership as the applicant must satisfy strict criteria established by the Supreme Court.

*Name changed.

karen.madden@gleanerjm.com

Sunday Gleaner questions to the NLA

1. Has the NLA received applications from individuals seeking to acquire property in the area under Jamaica’s adverse possession laws?

2. How many applications for titles based on adverse possession does the NLA receive annually and what percentage are for property in St Thomas?

3. How does the NLA verify the credibility of these applications to mitigate against fraudulent claims?

4. What is the ratio between private and crown lands that people have applied to adversely possess?

5. What is the NLA’s official advice to landowners who suspect someone is attempting to adversely possess their property?