Did Someone You Know Obtain a Certificate of Title by Fraud? Let's Unpack the Legal Twist of Fraudulent Land Registration in Jamaica!

The process of obtaining a Certificate of Title in Jamaica is governed by the Registration of Titles Act (RTA). This Act establishes the principle of indefeasibility of title, meaning that once a title is registered, it generally cannot be challenged. However, Section 70 of the RTA provides an important exception: if the title was obtained by fraud, it does not defeat an earlier equitable interest.

Fraud, in the context of land registration, refers to dishonesty or dishonest intent. The courts have clarified that fraud is not limited to securing a transfer or registration of title but extends to any deceitful conduct during the acquisition process. Whenever fraud is established to exist during the registration, the issued title will be invalidated. In the cases of Assets Co Ltd v Mere Roihi and Others (1905) AC 176 and Alele v Honnibal & Brown SCCA 111/789, the courts confirmed that fraud committed in the process of securing registration can invalidate a title.

Failure to Disclose Material Facts: A Form of Fraud

Beyond explicit acts of dishonesty, such as forging signatures or making false statements, there are instances where individuals fail to disclose information that could undermine their claim to an interest in the property. These omissions or failures to disclose may also amount to fraud.. In the case of Iris Anderson v Thomas Anderson and The Registrar of Titles [2014] JMSC Civ. 62, the court decided that the defendant’s failure to disclose key facts, including:

• The claimant’s existing claim to the land,

• Her prior legal action in the Resident Magistrates’ Court,

• Her attempt to survey the land,

• The claimant and her sons’ acts of possession and farming,

constituted sufficient fraud to set aside the registered title. In these circumstances, the defendant's conduct demonstrated wilful blindness and contrived ignorance, which amounts to dishonesty under the RTA (see Daley v RBTT et al CL 1995/D162).

Proving the Existence of Fraud

Where a claim is made that the applicant has obtained title by fraud, the Claimant is not required to prove the existence of the fraud beyond a reasonable doubt (the standard of proof in criminal matters). Instead, under the RTA, fraud may be established by showing that at the time of the application, there was knowledge of the truth and the intentional withholding of material facts by the applicant to obtain title.

Even if an agent (such as an attorney or surveyor), on behalf of the applicant, recommends non-disclosure or knowingly fails to disclose, the fraud remains attributable to the applicant, as the acts and omissions of the applicant’s agent may therefore be considered the actions of the applicant in this context (see Iris Anderson v Thomas Anderson and The Registrar of Titles).

Effect of Fraud on Registered Title

Although the first registration of a title typically extinguishes prior equitable claims, it does not do so if the registration was secured through fraud. Furthermore, a fraudulent registration does not negate a subsequent possessory title acquired under the Statute of Limitations (see Campbell v Hall (1959) 1 WIR 421 H – 422 I). Thus, if fraud is proven, the registered title can be set aside in favour of a rightful claimant.

Conclusion

Obtaining a Certificate of Title in Jamaica through fraudulent means does not provide absolute protection against legal challenges. The courts have consistently ruled that fraud vitiates indefeasibility, allowing an aggrieved party to reclaim their rights.

If you suspect that a Certificate of Title was obtained by fraud, legal recourse is available. Consultation with an experienced attorney is essential to navigating the complexities of property disputes and asserting your lawful interest in the land.

Be sure to consult an Attorney, as the foregoing information is intended for general informational purposes only and does not constitute legal advice.