All land is registered and a Certificate of Title issued in accordance with the Registration of Titles Chapter 56:50 of 1990 and Chapter 56:51 of 1990 of the Revised Laws of Dominica. Certificates of Title are issued in duplicate by the Registrar of Titles according to the provisions of the Acts mentioned above. The Certificates of Title are registered by placing one duplicate in order of its date in the current volume of the register. The other duplicate is handed over to the registered proprietor who must produce the same whenever he/she desires to transfer or otherwise deal with the land.
"Certificate of Title" can be placed into three (3) categories:
- First Certificate of Title (the word first must be taken literally i.e. the first time that an application is being made to register the land and title to be issued thereafter);
- New Certificate of Title (i.e. a title issued to replace one that has been issued and subsequently lost or destroyed);
- Transfer (i.e. a title issued as part of or the whole of the registered land;
Whenever someone wants to have his/her land registered for the first time an application has to be made to the Registrar of Titles. Documents required for that purpose are:
A request giving the details of the land, duly signed and dated by the applicant and witnessed by a Solicitor, Notary Public (if signed outside of Dominica) or by an independent person.
- Three (3) survey plans signed by a Licensed Surveyor stating the information of the land to be registered and accompanied by a Surveyor's Affidavit verifying the plans.
- Common Affidavit signed, dated and sworn to by the Applicant and his/her Solicitor giving the details of the land.
- One (1) affidavit signed dated and sworn to by the Applicant giving the history of the land and his/her right to the land.
- Two (2) supporting affidavits from other persons who have knowledge of the land and the right of the Applicant to the land.
- Supporting documents (i.e. Deeds, Probate, Receipt, Death Certificate, Valuation etc) which could further establish the right of the Applicant to the land.
- Abstract of Title (i.e. a list of affidavit and supporting documents).
- Schedule (i.e. the advertisement for title which is advertised in the newspaper).
- Two (2) title forms with the relevant information pertaining of the Applicant and the land to be registered.
Before documents can be presented at the Registry for processing, all the relevant fees must be paid at the Treasury. The fees payable are 1% Judicial fee and 1% Assurance fee on the value of the land. Documents to be presented to the cashier at the Treasury are the Request and one (1) title form.
Nos. (i) – (ix) are then presented at the Registry by entering documents, stating date and time in the presentation book.
After presentation a copy of the schedule must be advertised in two (2) consecutive issues of any newspaper for the benefit of persons who may have an interest in the land and wish to object to the issue.
A Notice stating that an application has been presented at the Registry must be served on the adjacent occupiers (i.e.) the persons who own land bounding with the Applicant e.g. on the North, South boundaries etc.). This is done as means of information, so that they are aware of the registration, that the plan presented is a true and corrected reflection of the area claimed and that their rights are not being affected. If the adjacent occupier has an objection, then he/she is entitled to place Caveat (i.e. the legal document stopping the registration) against the application.
If the parties involved are unable to settle the dispute, then the Caveat is heard before a Judge in chambers.
Two (2) copies of the advertisement in the newspaper and an Affidavit of Service (i.e. a document sworn to by the person who served the adjacent occupiers) are presented at the Registry.
At the expiration of six (6) weeks after the advertisement in the newspaper or service on the adjacent occupiers (whichever is the later), the documents are vetted for correctness and placed before the Judge for the Judge's Flat (i.e. the approval to issue).
When the Judge's Flat has been given, the relevant stamps and information are placed on the two (2) title forms and two (2) surveys plans and placed before the Registrar/Deputy Registrar for signing. After documents have been signed, the plans are attached to the title forms. One Certificate of Title is given to the Registered Proprietor/Applicant and the other is kept at the Registry.
For more information, contact:
Ministry of Tourism and Legal Affairs
Dame Mary Eugenia Charles Boulevard
Commonwealth of Dominica
Telephone: (767) 266 3410
Fax: (767) 440 3753