Adverse possession not the problem, says attorney

Amidst fresh concerns about the landless state of many Jamaicans and debate over the use of adverse possession as a route to property ownership, attorney Alexander Shaw says landowners, rather than pushing for an end to that doctrine, should “make good use of their land, and regulate the conduct of anyone who is squatting”. Adverse possession in Jamaica allows an unauthorised tenant (squatter) to claim lawful ownership of property after occupying it openly, continuously, and without interruption for 12 years on private property, or 60 years on government-owned parcels. The original intent behind the law of adverse possession was that landowners should not abandon their properties for indefinite periods; the principle being that land should be used productively, and owners should not “sleep on their rights”.

While the recent demolition of homes built on private land in Cooper’s Pen, Trelawny, was the culmination of a long-running legal battle, it has reignited debate around the fairness of the process and whether it should remain on the books. Speaking with the Jamaica Observer about the issue on Monday, Shaw said, “I cannot agree with the privileged Jamaicans who hoard land and leave it to the elements of life. “To abandon your land for 12 long years and then complain after you realised someone else has taken it, and made good use of it, is by no means the fault of the law.

The doctrine of adverse possession is not broken. If you really wanted the land to begin with, you would have taken steps to ensure it is not left to the mercy of squatters,” the attorney argued. “We live in a country where land is a scarce and expensive commodity.

Most of who do not own land are descendants of enslaved Africans who, after Emancipation in 1838, got the worst of the worse. Some have worked hard and secured a piece, others have, to this day, been struggling. They say circumstances alter cases, so I would not be too quick to join the privileged ones to call for an end to the doctrine.

Rather, I encourage landowners to make good use of their land and regulate the conduct of anyone who is squatting unlawfully,” he added. According to Shaw, there are several routes open to landowners wishing to preserve their legacy. “There is the option of a formal lease.

Consent vitiates the doctrine of adverse possession. So either you give notice or consent…