Latest update February 7th, 2025 2:57 PM
Aug 08, 2021 News
Kaieteur News – An application has been filed in the High Court on behalf of the Attorney General and the Gibraltar/Fyrish, Corentyne, Berbice Neighbourhood Democratic Council (NDC) over the acquisition of plots of lands in the rural area by a private citizen.
According to court papers released by the office of the Attorney General (AG), Anil Nandlall, SC, and William Crandon, in his capacity as Chairman of the Gibraltar/Fyrish, Corentyne, Berbice NDC are challenging the legality of the titles obtained by Troy Thom for parcels of lands situated at Plantation Courtland, East Coast Berbice; Plantations No. ‘0’ and No. ‘1’ East Coast Berbice; and Plantation Gibraltar or Lot No. 39, East Coast Berbice.
Details of the case outlined that Thom had petitioned for declaration of title in respect of the lands based on fraudulent misrepresentations.
According to the case, Thom lied in his application for declaration of title by claiming that he was in full and total control of his lands owned by his foreparents which was passed down from generation to generation to him.
The applications state that the man, in pursuit of the titles under the Prescription Act which allows for ownership through possession after 12 years of occupation unhindered, claimed that the lands were used for large scale cattle and poultry rearing, which included rearing of cows, pigs, Creole fowls and ducks.
The document states that Thom had claimed that lands were in occupation by his family since the year of 2003 and together with his father and predecessors for over a period of 50 years, without force let or hindrance and as a result the titles were subsequently granted to him by Commissioner of Title, Melissa Robertson.
However in their case, the AG and NDC are contending that the respondent has fraudulently converted State lands into his personal property.
They are challenging the legality of the title based on Section 3(2) of the Prescription Act which bars adverse possession of State lands under the Prescription (Amendment) Act, 2011.
According to the document that Section states that: “State land, Government land, land wholly owned by State entities including companies and corporations or in which the controlling interest is vested in the State and any land identified by law or on a plan drawn and approved in accordance with any law for reserves for the public interest and benefit or to any undivided or other interest in any land in this subsection is expressly excluded and shall not be acquired by prescription through adverse possession.”
The applicants state that Thom unlawfully petitioned for a declaration of title in respect of the lands with full knowledge that the lands were State lands.
Additionally, they noted that the application for a declaration of title in respect of the lands was initiated more than eight years after the coming into operation of the Prescription Act, thus the application was statute barred from its initiation.
The parties said that despite the clear legislative provision, barring the acquisition of State lands by adverse possession, the respondent proffered fraudulent evidence to the Court and obtained a declaration of title in respect of the said lands.
Further, they said that “research at the Land Registry, New Amsterdam, revealed no registered owner for parcels.”
However, the areas were declared land registration area of 1968 to settle title in the area through the government land registration process but there were no applications at the land Registry and no registered owner. Further, research was done at the Deeds Registry, New Amsterdam, for the entire estate and no title was found.
In this regard, the applicants contend that the lands are in a designated area which does not reflect a titular ownership and as a consequence remains State lands.
“At all material times, the State remains the lawful owner of the lands. The actions of the respondent are fraudulent and in clear violation of the Prescription Act, Land Registry Act and the Rules of Court,” the applicants contended adding that Thom fraudulently converted State lands into his personal property and unless restrained he will continue to do so to the detriment of the State.
In the circumstances, the applicants are seeking an injunction restraining Thom and his servants and/or agents from entering upon, or remaining or occupying in any manner whatsoever, the land known as and situate at Plantation Courtland, East Coast Berbice; Plantation No. ‘0’ and No. ‘1’East Coast Berbice; and Plantation Gibraltar or Lot No. 39, East Coast Berbice.
They also want an injunction restraining Thom and his servants and/or agents from selling, mortgaging, transferring, disposing or in any way encumbering the lands Plantation Courtland, East Coast Berbice; Plantation No. ‘0’ and No. ‘1’ East Coast Berbice; and Plantation Gibraltar or Lot No. 39, East Coast Berbice.
The applicants are also seeking an Order of the Court that the titles issued by the Commissioner of Title, Melissa Robertson, were granted in breach of the Prescription Act and is void or invalid from the start.
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