By Marlon Bute – Entrepreneur, construction worker, writer
This article is the first in a three-part series written entirely from a layman’s perspective, not as legal advice, but as the result of observations, research, and the lived experiences of those who’ve walked this path before.
As a traveler, not just across countries but through the terrain of everyday life and hard-won lessons, I’ve come to understand that some of the most painful and costly experiences people face stem from unclear land matters.
Along the way, through conversations, disappointments, and personal projects, I’ve encountered stories that reveal just how dangerous it can be to overlook the basics. If sharing what I’ve learned can help someone else avoid financial loss or emotional hardship, then it’s worth putting into words. That’s the purpose of this series: to offer a plainspoken reflection on what we must know and double-check before investing in land.
In St. Vincent and the Grenadines, land is more than property. It is legacy. It is ambition. It is security. Whether you’re building your first home, starting a business, or investing for the future, land acquisition is not a casual affair. It must never be approached lightly or handled without care.
In this first installment, we begin a practical, grounded conversation about what every prospective buyer or lessee should know, and why due diligence is not just advisable but absolutely essential.
Most people are familiar with the concept of a deed, a legal document that outlines the boundaries, size, location, and supposed ownership of a piece of land. But holding a deed is not the same as having secure ownership. Many have found themselves in court, or worse, out of pocket, because the title behind the deed was unclear, disputed, or never properly investigated.
In this country, as in much of the region, a deed without clear title is a trap waiting to be sprung.
When land is being sold or leased, it is standard and expected that a lawyer will conduct a title search to confirm who owns the land, whether there are encumbrances, and whether the seller or lessor has the legal right to transact. That is the lawyer’s duty.
But here is the problem. Sometimes the search is not done, or it is done poorly. Sometimes human error creeps in. Sometimes documents are outdated. The result? Disputes, unauthorized transactions, and the loss of years of investment.
That is why buyers and lessees must be doubly sure that proper title searches are done, thoroughly and correctly.
Some individuals go directly to the Registry to conduct their own searches. Others hire independent professionals, researchers who specialize in examining chains of title. These professionals often work under lawyers’ instructions but can also be retained directly by buyers, sellers, or lessees.
If you’re considering a long-term lease, a title search is just as important as it is when purchasing. If the land turns out to be under dispute, your lease could become worthless. Your investment could become a liability.
To ensure that the title is sound, a lawyer or researcher must trace what is called the root title, a documented chain of ownership spanning at least 60 years. Anything less—10, 20, even 30 years—is legally insufficient.
If that root title cannot be confirmed, the land may be considered defective in title, which can derail the transaction or create serious legal issues down the road.
Sometimes, the ownership trail is broken or undocumented. In such cases, one may apply for a possessory title, a legal declaration by the High Court that confirms you as the rightful owner, even if no traditional deed exists.
This process requires a public notice in a newspaper, allowing others to contest your claim. If no valid objection arises, the court may grant the possessory title, and with it, legal ownership.
It is a common myth that paying land taxes gives you ownership. That is not true. While consistent property tax payment may support a claim under adverse possession or help in applying for possessory title, it is not proof of ownership.
You can be paying taxes on a piece of land and still not legally own it.
What matters most is clarity of title. That means having uncontested ownership through a valid deed, a court-confirmed possessory title, or a High Court judgment.
Due diligence is not a luxury. It is your protection.
Ask questions. Demand a title search. Hire professionals if needed. Whether you are buying, selling, or leasing, never assume the legal standing of land. Verify it. Confirm it. Put it in writing.
Because when land disputes arise, they do not just cost money. They cost peace of mind, years of effort, and for some, their only hope of building something lasting.
Coming up in Part Two:
We will take a closer look at possessory title, and how it can help ordinary people, those who have lived on and worked land for years, secure legal ownership.
