LAMP Through SPA & RTA Amendments

 L.A.M.P through the lens of the Registration of Titles Cadastral Mapping and Tenure Clarification (Special Provisions) Amendment Act 2020

Obtaining a land title could be the key to unlocking wealth for many Jamaicans. Passing a property from generation to generation is no use to self-development if the property cannot be used to access a better life. This is the idea the Government of Jamaica is pushing in establishing programs like The Land Administration and Management Programme (LAMP). To further facilitate this movement, the Registration of Titles, Cadastral Mapping, and Tenure Clarification (Special Provisions) Act (SPA) was passed into law in 2005. While there were many persons successfully accessing LAMP’s services, there were others who faced difficulties because they were not able to provide proper documentation in proof of their ownership. This shone a light on an even bigger problem that we faced as a country; the many issues with subdivisions and cultural practice on how Jamaicans pass on land. 

To address these issues, changes had to be made to strengthen the work of the Adjudication Committees established under the SPA. A significant step was made with the merging of LAMP and National Land Agency to create two new divisions, namely, Land Administration and Management Division (LAMD) and the Adjudication Services Division (ASD). Both agencies will allow for the continued processing of land titles through a voluntary registration process while implementing a systematic land titling process. In addition to the merger, legislative support has been offered in the form of amendments to the Special Provisions Act in 2020. These amendments are geared towards making the law more culturally relevant so that recognition is given to the many landowners who give, buy and sell land without proper documentation. The legislation’s main focus is on the utilization of a systematic approach to registering un-registered land based on a process of adjudication of ownership and boundaries.

Establishment of Systematic Adjudication Areas

With the new amendments, the Minister along with the Chief Executive Officer of the National Land Agency may declare any parcel of existing LAMP project lands a systematic adjudication area. This involves mapping the land to identify the total number of registered parcels and unregistered parcels in that area as well as implementation of an orderly registration process of the unregistered parcels in designated areas after assessing existing ownership rights. All exemptions from subdivision approvals, duties, and fees under the SPA will automatically be applied to these parcels. More Adjudication Committees will be established to decide ownership which Committees will issue Adjudication Certificates verifying ownership of land. Once issued these certificates can be used to obtain a Certificate of Title without the need for the matter to go to the Referee of Titles.

Land Administration and Management Division

A director is appointed to the LAMD who will have the responsibility for the ad hoc voluntary process of assisting persons in getting registered titles, and where titles exist, assist persons in dealing in these titles, as it relates to estates, and whole or part of land transfer of titles. Among her powers is referral of disputes relating to rights and ownership over land to the ASD. Through this role the LAMD will operate in the same way LAMP had been operating but will now have stronger support from the ASD.

Adjudication Services Division 

This division is also headed by a Director who has the power to ascertain claims or interests in land in accordance with established principles of adjudication. With that power, the director can confer ownership on persons to land declared under a systematic adjudication area. Depending on the director’s findings, a person may be declared an absolute owner, a qualified owner, or have other rights conferred on them that can be registered under the Registration of Titles Act. An absolute owner of a parcel of land will be established once that person satisfies the director that they have been in sole open, quiet, undisputed, continuous, undisturbed possession and has a good title to the property that no one else has acquired. (For the purposes of the Act, a good title is established where the applicant is entitled to maintain and defend his possession against any other person). A qualified owner will be declared where a person may be in physical or other control of the land but has not satisfied the director through the adjudication committee that they have a right that is exclusive to all other persons. In this case, the director will record the date at which the person’s possession began along with any document that may be adverse to that person’s claim.

Along with determining absolute and qualified owners the director may declare any parcel a part of the project area, including crown land if she is satisfied that there are no rights existing over the land that amounts to ownership. The land will be registered in the name of the Crown and held on trust for twenty years. Within that period, the land can be transferred to the rightful owner or be deemed bona vacantia which simply means “vacant good” which is the name given to ownerless property and from there on will be the property of the crown.

Adjudication Committees

Adjudication Committees will consist of three persons, one of which will be an attorney who will be appointed as Chairman. The committee will be empowered through the director to issue certificates after determination of ownership in matters referred to them by LAMD or those obtained through the systematic adjudication area. 

Court Proceedings Involving Systematic Adjudication Areas

The amendment to the Act also contemplates court proceedings brought concerning parcels of land declared under the systematic adjudication area. e.g., if a claim is being initiated, the director of the adjudication division must be notified. As it relates to court proceedings concerning lands later declared under the systematic adjudication area, the court may pause the proceedings to allow the Director of adjudication services to decide ownership. In this case, the director is required to provide the court with her findings.

As noted above, a person’s application may not always end in their favor. In that respect, the Act gives the Applicant the right to start proceedings in court if they are dissatisfied with the decision made by the Director. That person may start proceedings and have the director summoned to appear before the court to substantiate and uphold the grounds of her refusal.

 Offences

Persons may be liable to a fine of up to $1m in the Parish Court if they are found guilty of knowingly making false statements, withholding or assisting in the withholding of any material document from the Directors of the Land Administration and Management or Adjudication Service. The penalties also apply if the person is found to have made a false statement, knowingly gave false evidence or fraudulently obtained or assisted in obtaining a certificate.  

Undoubtedly, the amendments under the SPA are promising especially the concept of special adjudication areas which can be used to lay the foundation for the issue of registered titles for large tracts of land. This is expected to be the key for persons in exclusive occupation of land for many years without documentation to obtain a registered title for their and. It will be no doubt critical for the education campaign to continue concerning the value of having a registered title and obtaining and preserving documentation to prove ownership. In the long term the expectation is that many more Jamaicans armed with their titles will then be able to use their land title as collateral to borrow, build on their property; further their education and/ or that of their children.

Anna-Kaye Bennett is an Associate at Karene N. Stanley & Co. Attorneys-at-Law. Email feedback to akbennett@knscolaw.com