Land Registry Clarifies Unclaimed Land Rules Amid Public Confusion

The Land Registry is seeking to reassure property owners following what it describes as widespread misinformation about the Crown Title Act and the status of unclaimed land in Montserrat.

In a public notice issued on July 6, the Registry said inaccurate statements circulating in recent weeks have led some people to believe that privately owned land could automatically become Crown land after December 31, 2030.

The Registry stressed that this is not the case.

According to the notice, the Crown Title Act applies only to land that remained unclaimed during Montserrat’s land adjudication process between 1978 and 1982 and for which no private owner or the Crown has been registered as proprietor. It does not apply to land that is already registered in the name of an individual, company, estate or other legal entity.

The notice explains that registered private land will not lose its ownership simply because it is vacant, undeveloped, located in the exclusion zone, occupied by another person or because the owner lives overseas. Likewise, the passing of the December 31, 2030 deadline will not automatically transfer registered private land to the Crown.

The Land Registry also distinguishes between private land, Crown land and unclaimed land, noting that unclaimed land refers only to parcels that have no registered proprietor following the original adjudication process.

People who believe they have a legitimate claim to unclaimed land must submit a written claim to the Registrar of Lands before December 31, 2030. Land that remains unclaimed after that date will vest in the Crown in accordance with the legislation.

The Registry is urging members of the public not to rely on social media discussions or unofficial commentary when determining the status of a parcel of land.

Instead, anyone who is unsure whether land is privately owned, Crown land or unclaimed should conduct an official Land Register search through the Land Registry. Those requiring advice on ownership, inheritance, boundaries, prescriptive title or claims relating to unclaimed land are also encouraged to consult one of Montserrat’s legal practitioners.

The Registry concludes by emphasising that the Crown Title Act “is not a legislative mechanism for the Government of Montserrat to confiscate privately owned land” and that registered proprietors remain owners unless their title is lawfully changed under existing legislation.

For further information or clarification, please contact the Lands and Survey Department by emailing surveys@gov.ms or Telephone 1-664-3669/3620.

The full public notice, including detailed explanations of the legislation and guidance on determining the status of land parcels, can be read here –> Public Notice – Clarification of Unclaimed Land