The month of May is Child’s Month and under The Child Care And Protection Act, a child is defined as a person under the age of eighteen years. Many persons are not aware that there are laws to protect the rights of a child and this week we want to examine some of the rights that our children.
This week we conclude our subdivision series by outlining the main steps that one should follow when applying for individual titles from the National Land Agency (NLA).
The steps are as follows:
- Once the subdivision has been approved by the relevant Municipal Corporation, the applicant should apply for the Deposited Plan number. This is the number that is assigned to the subdivision plan. The following documents are required to be submitted to the National Land Agency: a certified copy of the Resolution by the Municipal Corporation, the pre-checked plan depicting the lots in the subdivision, a Statutory Declaration by the Land Surveyor verifying the accuracy of the pre-checked plan and that the lots and roadways have been marked out on the ground. The Deposited Plan takes approximately eighteen (18) business days to be processed. The applicant will be notified of the deposited plan number which will be assigned to the pre-checked plan.
- Secondly, an application form for surrender of the Duplicate Certificate of Title must be submitted to the NLA along with the registration fees. These fees are assessed based on the market value for each individual lot. The application form must describe the property and state the value of the lots as well as the number of titles to be issued. The deposited plan number and date of deposit should also be stated. The application is lodged and assessed by the NLA and where the documents are found to be in order, NLA will process the application and issue individual titles for each lot.
The entire process can be onerous and it is imperative that you engage the services of professionals to assist with your subdivision application.
Abi-Gaye White-Thomas B.A., LL.B (Hons)
In rural Jamaica we are familiar with the common practice of land being gifted from one generation to the next. This land is often divided among family members where one person owns “di piece up a top” and another “di piece from di mango tree to the fence.”
This division of land is analogous to a subdivision – the process of dividing a parcel of land into a number of lots and obtaining individual titles (splinter titles) for each lot. All subdivisions must be approved by the relevant parish Municipal Corporation before the land can be divided into the various lots. The Manchester Municipal Corporation located on Hargreaves Avenue, approves subdivision plans for lands located in the parish.
Workplaces are required to provide a safe environment for its workers. This includes a duty to provide competent staff and adequate equipment. The concept of a safe system of work is not restricted to providing proper functioning equipment; it extends to providing adequate training and supervision of employees where that is necessary for a safe working environment. The employer is required to give notices and warnings to its employees regarding the ways in which to work safely, highlighting dangers and conduct that they should refrain from in order to maintain safety.
However, accidents do happen on the job and an employee who is injured would require medical attention. In which case, some form of workplace compensation (usually monetary) would be given – usually to help offset medical expenses and all other expenses that occurs when an individual is unable to work.
You have a great idea for a business product, a book, an awesome app, a unique design or some other creative project. Your golden ticket out of your 40-hour week, or maybe just a great side hustle that can earn you some extra money. You may be looking for ways to start working on it but you have one major fear holding you back – if you tell anyone about it or you don’t approach it strategically, someone may steal your idea and capitalize on your intellectual asset.
It’s a common fear among entrepreneurs, startups and small businesses, the looming idea that someone bigger and richer will realize the value of your idea and exploit it. Fortunately, these intangible ideas – the products, brands, designs, technology or creative works are intellectual assets that can be protected through intellectual property (IP) law and strategy. With the intellectual assets of the world’s biggest companies forming the majority of their asset portfolio and valued billions of dollars, IP protection and strategy has become a fundamental part of how business strategy, growth and expansion. The greater your understanding on how to identify the value in your intellectual asset and what steps to take to protect it, the greater your likelihood to succeed.
Many persons have had the misfortune of misplacing or destroying documents that are of high importance. Whether it was a passport, birth certificates, health cards or your land titles. Yes, even land titles get lost. Your land title is a document that state that you are an owner or part owner of a land, it shows proof that the land is yours. It would be expected that a document such as this would be kept in a safe and secure place so that no harm might come its way, but accidents do happen and there may be a need to replace a lost title.
There are individuals who would rather not go the route of adoption and who would seek to not have something so permanent. This week we will examine the option of Foster Parenting.
Foster care is a way of providing a family life for children who cannot live with their own parents. Foster care is often used to provide temporary care while parents get help sorting out problems, or to help children through a difficult period in their lives. Often, children will return home once the problems that caused them to come into foster care have been resolved and it is clear that their parents are able to look after them safely. Others may stay in long-term foster care, some may be adopted, and others will move on to live independently.
Over the past weeks, I have dialogued with a few professionals who have expressed their desire to adopt a child. Adoption is a very personal decision for prospective parents to make. It’s impossible to say there is one reason why people adopt — because, in actuality, every family chooses adoption for different reasons. Adoption is the process by which a child’s biological parental rights are transferred to another adult or a couple who will assume all the responsibilities of raising the child. In Jamaica, there are two types of adoption procedures:
- Application for an Adoption Order – this is required to complete an adoption locally
- Application for a Licence – this is required when seeking approval for the child to be released to citizens of scheduled countries to be adopted abroad.
Many of the land disputes heard in the Manchester Parish Court has to do with the issue of encroachment. Land encroachment means that one person ‘advances’ or violates his boundary limits by building something on the neighbour’s land or allowing something to hang over the adjoining property boundary. An example of an encroachment is the construction of a dividing fence or wall that is not within the correct registered boundary of the property.
Before one becomes ‘entitled’, you must first apply to the court for a declaration that you are the common-law spouse. It is advised that you retain the services of an Attorney-at-Law for this procedure and to discuss your options based on the circumstances of your case.
The Property (Rights of Spouses) Act defines the “family home” as the dwelling-house that is wholly owned by either or both of the spouses and used habitually or from time to time by the spouses as the only or principal family residence. It does not matter that one person purchased the property without any financial input from the other, once it was purchased as the family home, there is a presumption by law that you are entitled to 50 per cent of the current market value of the property. The Judge on your application, can make orders for it to be sold either at auction or privately, and that the net proceeds be divided between you in the percentages declared by the court.