2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

Schedule

(Rule 5)

FORM 1
Petition for Declaration of Title
IN THE HIGH COURT OF JUSTICE
SAINT LUCIA
In the matter of an application under s.2103A of the Civil Code for a declaration of title to immoveable property (or to a servitude or other right, as appropriate).
TO THE HIGH COURT OF JUSTICE
SAINT LUCIA
PETITION
The petition of 1 ...........................................................
(hereinafter referred to as the petitioner)
showeth as follows:
1. That the petitioner is the owner in possession of that immovable property consisting of a portion of land in the said Island commonly called ................................ and bounded as follows: 2
as shown on the plan drawn by ................................................ licensed surveyor, filed herewith.
2. That the said land is of the extent of 3 ..................... and with the appurtenances thereof, is, so far as the petitioner can estimate the same, of the value of $ ...............................................................
3. That there are no hypothecary claims affecting the same. 4
4. That there is no other person claiming to be owner of the said portion of land.5
5. That the petitioner (or the petitioner and his or her predecessors in title) has been in sole and undisturbed possession as owner of the said portion of land for 30 years, as appears by the following facts: 6 .....................
6. That the petitioner claims to be owner of the said portion of land in his or her own right. 7 ........................................................
7. That immediately before prescription began to run in the petitioner's favour (or in favour of the petitioner and his or her predecessors in title) the said land was registered in Vol ...... No ....... in the name of 8 ............
8. That the petitioner has not knowingly withheld any fact concerning the land which ought to be disclosed in this petition, and has truly and honestly, to the best of his or her knowledge and belief, represented the truth concerning the title thereof ....................................
The petitioner therefore prays that the Court will issue a declaration of title in favour of the petitioner pursuant to article 2103A of the Civil Code.
Dated ............................................................ 20........
.......................................................
(Signature of Petitioner or his or her Attorney-at-law).
1. Name, address and occupation .........................................
2. Insert boundaries as on plan ............................................
3. Insert number of acres or fraction of an acre ...........................
4. Where mortgages or other hypothecary claims exist, here state those which exist to the knowledge of the applicant .......................
5. If there is, here add names of any competing claimants ................
6. Here state the circumtsances in which the property was acquired and other facts in compliance with rule 5(c) .............................
7. If not, state whether as executor, administrator, trustee, tutor, or how otherwise.
8. Here state name of person shown as owner in the Registry of Deeds.
FORM 2
SUMMONS
IN THE HIGH COURT OF JUSTICE
SAINT LUCIA
In the matter of an application under s.2103A of the Civil Code for a declaration of title to immoveable property (or to a servitude or other right, as appropriate).
Whereas.................................................... by his or her petition
(name address and occupation of petitioner)
filed in the High Court on............................ claims to have acquired
(date)
title by 30 years prescription to the property described in the Schedule hereto and has applied to the Court for a declaration of title:
All persons claiming an interest in the said property are hereby required to enter an appearance in the Registry, in person or by attorney-at-law, within 2 months from the date of the last publication of this summons which is being published twice in the Gazette.
(Here state description and extent of land as in petition)
........................................
Registrar.
Date of first publication....................................................