Revised Laws of Saint Lucia (2021)

PART 4
PRINCIPLES OF ADJUDICATION AND PREPARATION OF ADJUDICATION RECORD

16.   Principles of adjudication etc.

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   (1)   In preparing the adjudication record—

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      (a)     if the recording officer is satisfied that a person—

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         (i)     is in public, continuous, uninterrupted, unequivocal peaceable possession as proprietor of a parcel of land other than a parcel which is Crown land and has been in such possession, by himself or herself or his or her predecessors in title, for an uninterrupted period of 30 years or more, or

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         (ii)     has a good title to the parcel and that no other person has acquired or is in course of acquiring a title thereto under any law relating to prescription or limitation, and that he or she would succeed in maintaining the title against any other person claiming the land or any part thereof,

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      the recording officer shall record that person as the owner of the parcel and declare his or her title to be absolute;

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      (b)     if the recording officer is satisfied that any land is entirely free from private rights, or that the rights existing in or over it do not amount to full ownership and are not such as to enable him or her to proceed under paragraph (d) of this subsection, he or she shall record the land as Crown land;

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      (c)     if the recording officer is satisfied that any land is subject to any right which is registrable as a lease, hypothec or servitude under the Land Registration Act, he or she shall record such particulars as shall enable the right and the name of the person entitled to the benefit thereof to be registered; and

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      (d)     if the recording officer is satisfied that a person is in possession of or has a right to a parcel but is not satisfied that such person is entitled to be recorded under paragraph (a) as the owner of the parcel with absolute title, the recording officer may nevertheless record that person as the owner of the parcel and declare his or her title to be provisional and shall record—

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         (i)     the date on which the possession of that person shall be considered to have begun,

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         (ii)     particulars of any deed, instrument or other document by virtue of which any right or interest adverse to or in derogation of the title of that person might exist, or

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         (iii)     any other qualification which affects the title.

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   (2)   For the purpose of this section—

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      (a)     a person is deemed to be in possession of land if he or she is in possession thereof within the meaning and interest of articles 2056 and 2064 of the Civil Code; and

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      (b)     “good title” means a title as defined in article 1(61) of the Civil Code.

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   (3)   The recording officer shall follow the rules laid down in section 17.