31 January

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Should The IDT Have Jurisdiction In Redundancy Cases?

Posted by knsco

in Karene N. Stanley & Co. : Another installment in Life and the Law.

From all indications, it appears that the trade union movement does not consider the Judicial Review court’s decisions in the cases of Chartermagnates Limited v The Industrial Disputes Tribunal and Norma Roberts AND Cable and Wireless Jamaica Limited v The Industrial Disputes Tribunal and Winston Sewell handed down on February 14, 2020, to be love letters for workers. The cases which sought to impugn decisions of the Industrial Disputes Tribunal (IDT) which were favourable to employees, in effect states that the IDT does not presently have the power to adjudicate in redundancy related disputes, since such matters do not constitute...

31 January

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How To Transfer A Part Of My Land In Jamaica

Posted by knsco

in Karene N. Stanley & Co. : Another installment in Life and the Law.

Your grandfather owns a large lot of land and had recently told you that he wants to give you a portion of it as a wedding gift. How can he fulfil this desire and provide you with this opportunity to start life with your new family? To transfer part of land to a third party in Jamaica your attorney will use a Part of Land Transfer. Through use of this form a new title called a “Splinter Title” will be issued by the Titles Office, for the part of the land coming out of the larger parcel. Proprietorship of this title...

31 January

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LAMP Through SPA & RTA Amendments

Posted by knsco

in Karene N. Stanley & Co. : Another installment in Life and the Law.

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....

16 February

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Buyer Beware

Posted by knsco

in Karene N. Stanley & Co. : Another installment in Life and the Law.

Caveat Emptor translated means “Let the Buyer Beware”. Aware of what exactly though in relation to the purchase of land? When someone embarks on the purchase of property it can be the most exciting and accomplished endeavour they take on. Regrettably, this process of owning this wonderful investment can quickly become a nightmare for lack of knowledge....

12 January

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Lost Title Application

Posted by knsco

in Karene N. Stanley & Co. : Another installment in Life and the Law.

If you own registered land and your title is lost, damaged or destroyed the only alternative is to obtain a new Certificate of Title. This application called a Lost Title Application is pursued through the Titles Office of the National Land Agency guided by the Registration of Titles Act (“the Act”)....

03 December

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A Further Look At Encroachments On Your Land By Adjoining Owners

Posted by knsco

in Karene N. Stanley & Co. : Another installment in Life and the Law.

In July 2019 I detailed the remedies when faced with a surveyor’s identification report which shows an encroachment either by your neighbor or yourself.The discourse on the matter of encroachments however would be incomplete if we did not also include the grant of an easement as a remedy. This is therefore a follow up to detail a remedy the costs of which could also be significantly less.An Easement is a right of one party to use the property of another party by paying a fee to the property owner. This remedy would see the owner of land granting an easement...

06 November

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What It Means To Be A Life Tenant

Posted by knsco

in Karene N. Stanley & Co. : Another installment in Life and the Law.

A life tenancy exists where an individual owns an interest in property for the term of his or her natural life. The interest is extinguished upon the death of that person and is thereafter passed to someone else. The person to whom the interest passes is called the “remainderman”. Typically, this type of estate or interest in land is created when someone is doing planning for their estate. ...

02 September

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Implications of adding a minor on a registered title for land in Jamaica

Posted by knsco

in Karene N. Stanley & Co. : Another installment in Life and the Law.

There is no rule of law which prohibits adding a minor to a title or transferring a title to a minor in Jamaica.Many parents are eager to add their children to their titles as a part of their efforts at succession planning. However parents and guardians seeking so to do must understand the implications of so doing.When faced with a transfer including a child the Registrar further to the Registration of Titles Act will lodge a Registrar’s Caveat to protect the interest of the child until the child attains majority. This caveat will prevent the adult on title from being to...

05 August

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Increase of Transfer Tax threshold a game change

Posted by knsco

in Karene N. Stanley & Co. : Another installment in Life and the Law.

Benjamin Franklin once said “there are two (2) sure things in life; death and taxes”. We may not even realize that in death, there are taxes to be paid. Whether someone dies leaving a Will or without a Will, any property they owned at the time of death may be transferred to beneficiaries as gifts. If a Will was prepared by the now deceased person, the Will would state how the property is to be administered. In the absence of a Will, the law provides guidance on how the assets are to be distributed.The Transfer Tax Act stipulates that transfer...

Author: knsco

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