Property Law Jamaica – The Owners Rights

Property law as the name suggests is that area of law that governs the rights and responsibilities of property owners to their real property and personal property. In most cases people associate property law with real estate law which is not wrong although property in the eyes of the law extends beyond real property to also include anything on the property such as animals, jewelry, etc, these are usually referred to as personal property. In this article, we will discuss property law in relation to real property or real estate law.

In Jamaica, property laws are entrenched in the Constitution. and the various other legislation such as the Registration of Titles Act or RTA, The Property Rights and Spouses Act, the Land Acquisition Act, and the Registration of (Strata Titles) Act.

                                Owner’s Rights

According to the Constitution, “no property of any description shall be compulsorily taken possession of and no interest in or right over property of any description shall be compulsorily acquired except by or under the provisions of a law …” This means that it is unlawful to capture or take possession of land without the permission of the owner and this also includes land that belongs to the State. The laws in Jamaica, however, make provision for persons who have been living and taking care of a property over a period of time, even when they do not have the consent of the owner. Such a person can make an application for adverse possession if the criteria are met for adverse possession.

As the owner of the land, you have the right to full use and enjoyment of your property, however, you also have the responsibility to ensure that the property is safe for visitors and guests. You can become liable for damages if someone is injured on your property.

Limited Rights of Property Owners

Although as the owner of the property you have the right to enjoyment of your property without interference, there are cases where your rights may be taken away for example:

1. In cases where you owe property taxes
2. In cases where you are owing maintenance fees for strata property.
3. If the property is required for the purpose of any law;
4. If your property is being acquired by a mortgagee for an outstanding mortgage or breach of contract
5. If you are of unsound mind and the court determines that another person or body should oversee your affairs.

If you find yourself in a situation where you are unsure of your rights and responsibilities as a property owner, do not hesitate to contact one of our property lawyers, we will be happy to assist.