Property title when more than one party occupies the land

Question from Pamela Kerr, Jamaica:

"What happens when you are living on a family property with three parties with three different houses occupying the land. Then one party applies for the title and only puts their name on the title?"

Answer by Wellesley:

Hi Pamela, this is a very serious and unfortunately common issue in Jamaica. When several family members occupy land informally—especially family land that hasn’t been legally divided—things can get complicated if one person takes steps to title the land in their own name without acknowledging the others.

If the land is undivided family property and one person applies for a title under their name alone, the outcome depends on how they applied and whether the other parties were notified or objected. If they claimed exclusive possession (like adverse possession), and no one objected during the registration process, the title may have been granted solely in their name.

This doesn’t automatically mean you lose your rights. If you’ve been living there for years and can prove it, you may have legal grounds to challenge the title. You should visit the National Land Agency to check the status of the title, consult a land attorney, and collect evidence of your occupation and contribution to the land. The sooner you act, the better your chances of protecting your interest.

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