It is common in Jamaica to have what is known as “family land”, which is usually a parcel of land that several persons share. Usually different dwelling houses exist on the same land and each member owns their own house.

Should any of the family members or occupants wish to have a separate title for the part of the land that they occupy, a process known as sub-division may be undertaken. In this process, one large parcel of land is divided and each smaller piece gets its own individual title.

This is what happens for example, in housing schemes when they are built. The title a person gets for their house in the scheme will make reference to larger piece of land that was used to build the scheme under the heading “parent title”.

This process can happen on a smaller level between individuals who wish to distinguish their share of land they are both entitled to or use.

Usually a sub-division involves a very detailed and lengthy process but it is required to ensure that all the individual title holders will have the required amenities on their stand-alone parcel. The sub-division is to be planned and that plan is to be submitted to the relevant parish council. A subdivision plan is a large scale map showing the surveyed land space and design of the proposed subdivision as well as other information required by the municipal corporation including but not limited to the number of lots you plan to divide it into; lot sizes; proposed usage of the lots; existing structures on the site.

The applicant has to provide certain documentation accompanying their application. This documentation is usually inclusive of proof of ownership (parent title, probated will, deed of conveyance, etc.), land valuation certificate, up to date property tax receipts and estimated cost of infrastructure works for the entire subdivision( roads, utilities, access and egress, etc).

The plans that are submitted must be signed by a commissioned land surveyor and must be signed by the same person. Six copies should be submitted to the relevant parish council along with all the required accompanying documentation. The plans are srutinized by several agencies (NEPA, NWC, Ministry of Land and Environment) but the ultimate decision lies with the parish council.

Should the plans be rejected, the applicant has 28 days to appeal the decision and said appeal should be addressed to the permanent secretary of the relevant ministry. After the parish council round of the process is complete, then the plan is to be deposited at the National Land Agency (NLA) for the second stage of approvals.

Applications are encouraged to consult with the sub-division checklist that is available from the NLA to ensure that the requirements are met along the process. Tt is also advisable that a lawyer is consulted to assist with the process and to aid with compliance.