In a nutshell, what to do if your Title is lost, stolen or destroyed?
When a Title is lost, stolen, or destroyed, a Lost Title Application can be made at the Titles Office, a Division of the National Land Agency (NLA) to obtain a replacement. The Registrar of Titles, under the authority of the Registration of Titles Act, can consider an application to replace a duplicate Certificate of Title if the property owner claims it has been lost, stolen, or destroyed.
Before making an application for a lost Title, the applicant(s) must have the authority to do so, which is typically held by the registered owner(s).
Who Can Apply for a Lost Title?
While the registered owner(s) is(are) the most common applicant(s), others can apply as well, including:
Personal Representative of the deceased owner under acting by virtue of Grant of Probate or Administration;
Someone authorised to represent a company or corporate entity; and
A lender exercising a power of sale under a mortgage.
N.B. If there are more than one registered owner, all must apply together or get authority from the other registered owners(s) via Power of Attorney to apply on their behalf.
Steps in the Lost Title Application Process
To start the process, the applicant must complete the NLA Form titled Application where Duplicate Certificate of Title is Lost or Destroyed. This must be supported by a Statutory Declaration explaining the circumstances under which the Title is presumed lost, stolen or destroyed. The application must be witnessed by a Justice of the Peace or Notary Public/Consular General (if outside of Jamaica).
The Form requires the following information:
Applicant’s details (and their capacity, if representing the registered owner)
Description of the land
True and actual value of the land
Details of the loss (when, where, how the Title was lost, where it was kept, and who last saw it)/how destruction may have occurred;
If stolen, evidence in the form of a Police Report will be required
If damaged or destroyed because of fire, evidence in the form of a Fire Report will be required
Who had access to the Title;
Whether or not the Title was deposited as security for a loan;
Details of the searches made to recover the Title;
An undertaking to return the Title if it is ever found/ comes in Applicant’s possession; and
A request for cancellation of the original Title.
A Supporting Statutory Declaration should also be obtained from the last person in possession of the Title, and they must give an undertaking to return the Title if found.
N.B The application may be submitted simultaneously with other dealings such as a Transfer. This is facilitated through the dispensation clause within the application. In essence, this means that there is no need to produce the duplicate Certificate of Title when submitting the Transfer. Once the Lost Title Application is approved, the new Title will have the dealings registered accordingly.
What Happens Next?
Once the Registrar receives the Application, Declaration(s) and lodgment fee, compliance checks are performed. If satisfied, the Registrar will direct that the Application be advertised.
The advertisement must be published once (1) per week for two (2) consecutive weeks in a local newspaper. The tear sheets from the newspaper advertisements along with the final fees must be submitted to the Registrar’s office for the new Title.
Waiting Period and Issuance of a New Title
The Registrar will wait two (2) weeks after the last advertisement to allow for any objections. If no objections are received and the evidence provided is satisfactory, the original Certificate of Title in the Register Book of Titles will be cancelled, and a new duplicate Certificate of Title issued.
The new duplicate Certificate of Title takes approximately four (4) weeks to be issued.
What if the Old Title is Found?
If the old Title is found before the new Title is issued, the applicant must inform the Registrar immediately and the Application will be discontinued. While on the other hand, if the old Title is found after the new one has been issued, it must be surrendered immediately to the Registrar for cancellation.
It's important to emphasize that this guidance is not legal advice, and individuals should seek clarification from a qualified Attorney-at-Law. Any questions or uncertainties regarding the process should be directed to legal professionals who can provide personalized advice tailored to your individual circumstances.
By Sade Hall
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