A Matter of Land | Landlocked and needing help

Good day, readers. This week we respond to another reader's question.

Dear Mr Francis,

I have recently read an article in The Jamaica Gleaner regarding matters of access to private land. I am writing to ask for your advice.

To explain my position, I am based in the UK and was recently gifted a parcel of land in St Elizabeth, Jamaica.

But the property is land-locked with no road to access it. The land is part of a private family estate and I'm now having an issue with other family members who are not willing to allow access through their property to get to mine at the back.

We have had many hours of discussion but have now reached a deadlock.

The most confusing part is the person who is unwilling to grant access from her land at the front off the main road also has land at the back of my land, so in effect she is restricting her access to her own land.

If I understand a recent article you wrote about this issue, she doesn't actually lose ownership of the land from which the road would be created. I have a diagram that was done in the 1970s showing access via a right-of-way over an adjoining property that now has a registered title.

They are also unwilling to grant access as they say this right of way is not shown on their title.

Please advise me as to what can be done to resolve this issue.

Kind regards

- CG

Good day CG.

Thank you for reading A Matter of Land. I will now address your concerns.

Every property in Jamaica has to have a means of access, as you have to be able to enter your property by some means without trespassing on any of your neighbours' property.

From what you have described, it is obvious that something went wrong.

First, the person you say is unwilling to grant you access through their property is not legally bound to do so, despite as you claim "they have property that's behind your own".

 

Right of Way

 

If you have never used the person's property before as access to your property, then it's unreasonable to try and 'force' them to grant you access now.

What is good is that you have a very old diagram showing your means of access being a right of way over an adjoining property.

Despite the plan being a very old one, what it shows is evidence of your access for a time in excess of the defined period, which could be determined to be as short as seven years, as determined by the Limitation of Actions Act, or 12 years, as determined by adverse possession, or the time prescribed under the Prescription Act (Section 9).

So you legally have access as described by the diagram you have in your possession. Also, the person who now has a title needs not worry about losing land because of your right of way over their property.

The property over which the right of way runs still legally belongs to the owner. A right of way is a type of easement, which is defined generally as a right granted to one person/party to use the land of another person/party for a non-exclusive purpose(s).

So the owner of the property that has the registered title need not worry about losing the property.

I suggest that you try again to talk things over with your relatives, armed with this information that I have given to you, with a view of coming to an amicable resolution.

If that fails, then I suggest you consult an attorney-at-law to take the matter before the courts.

Keep sending your questions and comments, and let's continue to explore A Matter of Land. Until next time, traverse well.

- Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. He can be contacted for questions or queries at craig_r_francis@yahoo.com or Precision Surveying Services.