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”.