A READER WRITES to ask what can be done to prevent the transfer or dealings with land that has a registered title until his rights and interest in the property are determined.
In response, let me say that provided the land is a registered land, that is to say, there is a registered title and not a common law title, section 139 of the Registration of Titles Act (herein after called 'the act') is very instructive as it provides among other things that: "Any beneficiary or other person claiming any estate or interest in land under the operation of this act, or in any lease, mortgage or charge ... may lodge a caveat with the registrar ... forbidding the registration of any person as transferee or proprietor of, and of any instrument affecting, such estate or interest either absolutely or until after notice of the intended registration or dealing be given to the intended caveator or unless such instrument be expressed to be subject to the claim of the caveator, as may be required in such caveat."
Persons wishing to lodge a caveat must first consider the nature of the interest to be claimed. Secondly, it might be necessary to be able to quantify the estate or interest in that you are required to pay a fee to the registrar of titles of point five per cent of the value of the interest claimed.
Persons wishing to register a caveat may do so by completing the form in the thirteenth schedule of the act "as near thereto as circumstances will permit". You may also avail yourself of the new forms provided by the registrar recently.
Save and except for caveat lodged pursuant to an order of the court, every caveat must state the name of the caveator and be signed by the caveator or his agent. The caveat is usually supported by statutory declaration, which would set out the nature of the interest claimed.
It is important to note that the act sets out the conditions that must exist before a caveat is received. These are that the caveator must appoint a place in Kingston at which notice and proceedings may be served.
However, the caveator may also give an alternate address outside of Kingston to which communication may be sent.
Secondly, the estate or interest must be specified and if possible be supported and accompanied by relevant documents. If court actions were started reference should be made to such actions and copies of the relevant documents attached to the statutory declaration.
The caveat is a very useful tool and if it is used properly, it could be every effective. Next week, Legal Eagle will look at the approach to be taken by the person who wishes to remove a caveat.
Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton.
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