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”).

In order to pursue such an application the applicant must fall into one of the following categories:

1. A registered owner(s) may apply in their personal capacity. If the Title is owned by more than one person all the owners must make the application together or you will be required to lodge evidence why a co-owner is not able to join in the application, such as filing a power of attorney on behalf of the absent co-owner.

2. Where the registered owner is deceased the personal representative of the deceased owner under a Grant of Probate or Letters of Administration may make the application which application must include a copy of the grant as proof of the authority of the Personal Representative.

3. Where the land is owned by a company the authorized officer of the company i.e. a Director may make the application in respect of a Company currently existing on the Register of Companies.

4. Mortgagee exercising power of sale under a mortgage;

Under Section 82 of the Act an application must be submitted to the Registrar of Titles along with evidence by Statutory Declaration(s) detailing the circumstances surrounding the destruction or loss of the Title. The declaration must be witnessed by a Justice of the Peace or if the Applicant is abroad the Application must be witnessed by a Notary Public whose commission is current evidenced by the Stamp of the Notary Public on the document. The Declaration must include the following;

• Applicants details, such as name, address and occupation;
• Description of the property i.e. Volume Folio and lot #;
• Value of the property;
• Where Title was kept and when it was last seen;
• Who had access or possession of the Title;
• Whether or not the Title was deposited as security for a loan;
• Circumstances of loss, if stolen evidence in the form of a Police Report; and
• Circumstances of damage or destroyed, if during a fire evidence in the form of a Fire Report

If at the time that the application for a replacement title is submitted the registered owner wishes to deal with the land for example if the land is being transferred to a new owner the applicant may at the time of making the application lodge the necessary documents to effect the said transfer. The Registrar would therefore dispense with production of the duplicate certificate of Title [obviously because it is unavailable] and register the said transfer on the payment of such additional fees determined by the Registrar. By so doing the new title would be issued in the name of the new owner.

Once the application has been accepted by the Registrar of Titles, the applicant will be directed to advertise in one of the local Newspapers. The Registrar will direct that notice of the application be published twice in a daily newspaper. This serves as notice to the world and the public then has 14 working days after the last advertisement to show sufficient reason why the certificate is not to be cancelled. If the applicant resides overseas the Registrar will also likely require that the applicant advertise in a foreign newspaper relevant for that address.

Proof of the Advertisement will then have to be given to the Registrar by providing the relevant tear-sheets [being the entire page of the newspaper on which the notice appeared to include the date of the publication] and payment of the standard fee of $100.

Pursuant to section 82 of the Act, if on the expiration of the notice there is no sufficient reason provided against the application, the Registrar shall cancel the certificate and issue a new certificate in duplicate in the name of the registered proprietor or his transferee.

If the missing title is located before the new Title is issued, the applicant is required to inform the Titles Office immediately and a request must be made to discontinue the application. However if it is located after the new Title has been issued, the applicant is required to deliver the old Title to the Titles office immediately for cancellation.

A Lost Title Application if not properly drafted can be one of the most vexed applications to get through the Titles Office. It is therefore this writer’s recommendation that you seek legal advice when such an application needs to be pursued.

For more information in relation to Lost Title Applications fees free to visit www.nla.gov.jm

Krishna-kay Lawrence is an Associate at Karene N. Stanley & Company Attorneys-at-Law. Email feedback to klawrence@knscolaw.com