Getting an account of an event second hand is generally not the best way to get information in order to give advice. However, people with first-hand knowledge sometimes have challenges, so the information has to come through other persons.

The account below is an example of the purchase of land from persons within the family, the lack of legal guidance in the process and the trouble that results when a third party claims the land as owner.

"I was wondering if you could shed some light as to the legal standpoint on the following. Sometime during the mid to late '60s, two sisters bought a parcel of land, via their mother, from their uncle. He gave their mother a receipt which they still have, as the mother is now deceased. It has just come to light that he never surveyed that parcel of land separately from his own. The uncle has died and his eldest son has now sold his father's land to Alcoa.

Proper papers

"The sisters sent another sister with the receipt to Alcoa, however she was told that they would not separate the parcel of land from the main section as the sister didn't have the land papers as well as the receipt. Alcoa has since cleared all of the land and told the sister that the matter is closed, and that they have no dealings with anyone else, because they legally purchased the land from the rightful owner.

The sisters were not aware that their mother, who was looking after the papers and lived on the parcel of land didn't have the land papers.

The mother had told them all along that her brother gave her the paper to say the land belonged to them. I would just like to know from what's written above, if Alcoa is right in what they have done. Is the Jamaican law concerning land sale/purchase been followed correctly? If not, is there any redress for the sisters even at this late stage?"

As usual, in some of these cases where sufficient detail is not provided, some assumptions must be made. One is that the uncle's son would have obtained letters of administration or secured a grant of probate before selling the land to Alcoa. It is always important for our readers to indicate whether or not there is a registered title or common law title for the premises. Whatever the case might be, if the uncle sold part of the land, he is required to have a survey done and to obtain a subdivision approval from the parish council. In fact, the two sisters should have ensured that the land they paid for was surveyed, identified on the ground and shown to them. Land owners are expected to pay taxes and it would be interesting to find out if they have been paying taxes for the portion of the land they bought.

There is talk about a receipt. I would not expect that Alcoa would just look at a receipt and give up portions of land that they believe they bought from someone. However, the sisters armed with the receipt or any other documents they might have, should now seek some advice from a lawyer who has an active conveyance practice. It might be necessary, when the instructions are given by the sisters and their witnesses, to seek certain declaration from the court against the estate of the uncle and Alcoa, which is now in possession of the land.

Passage of time

It is important that since Alcoa has started to clear the land and with so much time passing between the purchase by the sisters and now, the death of the uncle and mother, plus the fact that the sisters are not living on the land, there should be no further delay. The court, if asked to intervene, must look at the passage of time, in order to make a decision.

Finally, from what has been outlined above, I would doubt if the proper procedure with respect to the sale of land has been followed. It must be noted that family members purchasing land from other family members must ensure that they take all the necessary precautions and if possible, secure the services of an attorney-at-law who will provide independent legal advice and guide them through the process. Take no chances because it is family.

Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com.