Very few Grenadian titles are perfect. A deeds-based system that stretches back through generations of family ownership, informal subdivisions and the occasional lost document produces flaws in a large share of properties. Most of these flaws are curable; the question is how long the cure takes, who pays for it and whether the sale should wait for it.
The seven defects below are the ones conveyancing attorneys in Grenada meet most often. Knowing them helps sellers prepare before they list and helps buyers judge whether a problem raised in a title report is routine or serious.
1. The mortgage that was paid but never discharged
A bank lent money against the house twenty years ago. The loan was paid off long since, but the discharge, the document that releases the bank's charge, was never prepared or never registered. On the record, the property still appears mortgaged, and no careful buyer or new lender will proceed until that is cleared.
The fix is usually straightforward: the owner's attorney writes to the bank, which confirms from its records that the loan was repaid and executes a discharge for registration at the Deeds and Land Registry. Complications arise when the original lender has merged, changed name or closed, or when its old records are incomplete. That can add weeks or months, so sellers should check for stale mortgages before putting a house on the market.
A related problem is a mortgage registered against the wrong lot, or a discharge that describes the property differently from the mortgage it releases. These are clerical errors, but they need a corrective document from the bank, and the bank's legal department works to its own timetable.
Buyers should insist that any outstanding mortgage, old or current, is discharged at or before completion, with the discharge registered alongside the new deed.
2. The missing grant of probate
The registered owner died, and the family has lived in the house since, but no grant of probate or letters of administration was ever obtained. Sometimes there have been two or three deaths along the line. Until the estate is properly administered, nobody has authority to convey the property.
This is the defect most likely to surprise sellers, because the family has never thought of the house as anyone's but theirs. Neighbours know who lives there, the property tax bills arrive in a relative's name and nobody has questioned it for decades. None of that counts on the record. The record shows a dead owner, and only a grant from the court changes that.
The cure is to apply to the High Court for the necessary grants, starting with the earliest death that breaks the chain, and then to have the personal representatives transfer the property by deed or assent. It is routine work for an attorney but can take many months, particularly where relatives abroad must sign consents or where a will is disputed. Buyers should not complete until the grant has issued and the representative can sign.
3 and 4. Description and plan problems
Description that does not match the land. The deed says one acre, the fence encloses noticeably less or more, or the boundaries named are a road that has since moved. A licensed land surveyor can re-survey the property, and the plan, once approved through the Lands and Surveys Division, can be referred to in a confirmatory or rectification deed so the paperwork and the ground agree.
No approved survey plan at all. Older deeds often describe land only by neighbouring owners. Many attorneys and banks now want a modern approved plan before a sale or mortgage. Commissioning one means a surveyor's fee, notice to neighbours and sometimes discovering that a boundary is disputed.
Errors in the deed itself. A misspelt name, a wrong lot number or an incorrect plan reference can usually be cured by a deed of rectification signed by the original parties. If one has died or will not cooperate, a court order may be needed instead.
Subdivision never approved. A parent divided land among children informally, without planning approval or separate plans. Regularising that may need a subdivision application and approval before each child can hold a separate title.
5. Encroachment by or onto a neighbour
Walls, fences, driveways and even parts of houses sometimes sit across a boundary. The neighbour's kitchen extension crosses two metres onto your lot, or your garage stands partly on land you do not own. A survey usually reveals it.
Solutions range from simple to difficult. Neighbours may agree to a boundary adjustment, with a small strip conveyed from one to the other and a new plan approved. They may grant an easement allowing the structure to remain. In rare cases a structure has to be removed or the dispute goes to court. Buyers should not take on an unresolved encroachment without understanding which way it is likely to go, and sellers will usually get a better price by resolving it before they sell.
6. Occupiers with claims of their own
Somebody has been living on or farming part of the land for many years without the owner's permission: a relative who built a small house on the corner, or a neighbour who extended a garden. Grenadian law, like English law, allows a person in long, open, uninterrupted possession to acquire rights against the paper owner after a period fixed by statute, often described as squatters' rights or possessory title.
The reverse also happens: a seller whose own title rests on long occupation rather than a clean chain of deeds may need to establish that possession formally, through a statutory declaration supported by evidence or a court application, before a buyer or bank will accept it. Either way this is specialist territory. Ask your attorney to explain where the claim stands and what it would take to resolve it, and do not rely on the occupier simply agreeing to leave.
7. Gaps in registration and lost documents
Unregistered deeds. A deed that was signed decades ago but never registered leaves a hole in the chain. Sometimes it can still be stamped and registered late, with penalties; sometimes the gap has to be bridged by a confirmatory deed or statutory declarations from people with knowledge of the history.
Lost originals. Owners occasionally lose their deed in a hurricane or a house fire. If it was registered, a certified copy can be obtained from the registry and the title is unaffected. If it was never registered, the loss is far more serious.
Missing intermediate links. A deed refers to a previous conveyance that cannot be found in the indexes, perhaps because of a misspelt name. Patient searching often finds it, but sometimes a court order or other cure is needed.
What buyers and sellers should do
Sellers gain most by acting early. Before listing, ask an attorney to review the title: check for undischarged mortgages, confirm that any estate is properly administered, make sure there is a current approved survey plan and look for obvious encroachments. Fixing these takes time, and a house with a clean title sells faster and with fewer price negotiations.
Keep your own papers in order too. Store the registered deed, the approved survey plan and any discharges together, scan them, and keep a copy off the island. After Hurricane Ivan in 2004, many families discovered how much easier life was for those who could lay hands on their documents quickly.
Buyers should treat a defect as a negotiating point and a timing issue rather than an automatic reason to walk away. Make completion conditional on specific cures, keep the deposit protected in an attorney's client account, set a long-stop date and do not move in or spend money on renovation before you own the property. Where a cure is uncertain, such as a contested possessory claim, it is often wiser to wait or walk away than to buy the dispute.
Frequently asked questions
Who pays to fix a title defect in Grenada?
Normally the seller, since it is the seller's job to prove good title. In practice the cost can be negotiated, and the sale agreement should say who bears it and what happens if the defect cannot be fixed by a set date. Buyers should avoid paying for cures without clear written terms.
Can a bank refuse a mortgage because of a title problem?
Yes. Banks rely on the property as security and their attorneys review title independently. An undischarged mortgage, missing probate or unclear boundary can lead a bank to delay or decline until the problem is resolved, which is another reason to cure defects before completion.
How long does a deed of rectification take?
If the original parties are available and cooperative, preparing, signing, stamping and registering a rectification deed can be done in weeks. If someone has died, is abroad or refuses to sign, it can take far longer and may need a court application.
Are squatters' rights a real risk in Grenada?
Long occupation can give rise to legal claims, particularly on family land and rural plots where owners live elsewhere for years. Regular visits, clear boundaries and written permission for anyone using the land help owners avoid such claims arising.
Should a buyer walk away from a house with a title defect?
Not necessarily. Many defects are routine and fixable. The decision depends on how serious the defect is, how certain the cure is, how long it will take and whether the seller is cooperating. Your attorney's view on likely outcomes should guide the decision.
