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Warren, Phyllis v The Administrator General for Jamaica

Case Number: 
SU 2022 CV 00320
Neutral Citation: 
[2024] JMSC Civ 6
Date of Delivery: 
25.01.2024

Limitation of Actions – Adverse possession – Land – Registered land – Tenancy-in-common – Co-owners hold interest in land as tenants-in-common – Extinction of title of registered co-owner – Whether the now deceased co-owner was dispossessed of his interest in the land prior to his death – Whether the estate of the now deceased co-owner was dispossessed of his interest in the land subsequent to his death – Whether the interest of the now deceased co-owner passed to his estate upon his death – Whether the claimant has proven that she has been in open and undisturbed possession of the land for twelve continuous years – Whether the claimant has proven the legal elements of factual possession and the intention to possess – The Limitation of Actions Act, 1881, sections 3, 4, 14 and 30, The Intestates’ Estates and Property Charges Act, section 12, The Administrator General’s Act, section 16, The Trustees, Attorneys and Executors (Accounts and General) Act, section 22, The Registration of Titles Act, sections 69, 70, 71 and 85

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