Adverse Possession - Joint Owners Perspective
It is quite common that years after people pool their resources together to jointly buy property, the demands of life may force one of the joint owners to take advantage of opportunities for a better life overseas. That can sometimes result in that person leaving the other joint owner in sole possession of the property. This is a frequent case in matrimonial property or family property where one party migrates overseas in the financial interest of the family.
Years go by and the migrating party starts a new life, and for many years they fail to maintain a substantial connection to the property in Jamaica which they have a joint interest.
In such instances, where the person remains unconnected to their property in excess of 12 years and the property is in the exclusive possession of the other joint owner, it may be argued by the joint owner in physical possession that he/she has dispossessed the migrating party’s interest in the property. This means that the joint owner in sole possession could be declared by a court to be the owner of the whole property on the basis that the migrating party has abandoned their interest. This applies whether owners are registered on the Certificate of Title as joint tenants or tenants in common.
To assert a claim of dispossession against a joint owner of property, the joint owner in possession must show actual physical custody and control over the property in question to the exclusion of the joint owner continuously for 12 years or more, and show an intention to exercise such physical custody and control over the property for their sole benefit.
If you wish to remain the owner of your property in Jamaica though you have migrated, it is suggested that during your absence from Jamaica you maintain a connection with your property.
Maintaining a connection with the property whilst overseas can look like:
1. paying the property taxes yearly and keeping receipts in proof
2. making general enquiries about the property (preferably in writing) to show continued interest
3. providing financial contribution to the maintenance and upkeep of the property throughout absence and keeping proof of such expenditure
4. checking in on the property during visits or sending an agent on your behalf to make checks on the property in your absence
5. participating in major decisions related to the property
6. protesting or objecting to acts of the joint owner in possession if necessary
7. collecting rent or other income generating money from the property
Co-owners should be aware of their rights and the possibility of an adverse possession claim to avoid unintended loss of their property interest.
If your title to land is being challenged on the basis that your interest or share in the property no longer exists, the onus is on you to prove that you are still a rightful owner of the property on the basis that you never abandoned your property though you are not in physical possession.
If you are faced with a property ownership dispute you should seek legal counsel in Jamaica as soon as the issues arises so your attorney would be able to effectively assist you in navigating the intricate landscape of adverse possession law in Jamaica.
