ULP making you pay for lands you already own – Bacchus-Browne

Prominent lawyer Kay Bacchus-Browne has urged Vincentians not to be deceived by the Unity Labour Party (ULP), who she claims is taking people’s hard-earned money for lands they already own.

Appearing on the platform of the opposition New Democratic Party (NDP) at a meeting at Murray Village last Saturday, {{more}}Bacchus said some of the persons who have received letters from the Government offering to sell them land are being tricked because the Government no longer owns title to those lots.

Under the Government’s programme of “turning dead capital into live capital,” hundreds of persons in several areas of the country have been given letters, advising them of Cabinet’s approval for the sale of land to them at reduced prices.

Reading from one of these letters from the Lands and Surveys Department, Bacchus-Browne said prospective buyers were advised that they have to pay a purchase tax of five per cent and will be required to enter into a purchase agreement with the Lands and Surveys Department to pay in full in one installment or in four installments, with interest being charged on the outstanding balance. Bacchus said the letter stipulates that the land cannot be used for anything other than residential purposes.

The veteran lawyer said she also had in her possession a memorandum agreement, which prospective buyers would be required to sign.

Bacchus-Browne then drew to the attention of listeners Section 17.6 (part 2) of the Limitation Act, which she said contains a provision which says that if a person has been living on Crown lands for a period of 30 years continuously in adverse possession and the Government does nothing to reclaim it, the title is extinguished.

“My information is that there are a number of persons who got these letters, where the title of the Government is already extinguished! What sort of trickery is this! What profession is Ralph Gonsalves? What profession is… his son Camillo? And many of the others on the platform?

“Are you telling me Ralph Gonsalves don’t know the law? Is it a mistake? So, why is the Government telling you land that you own by law, you can’t use it except for residential purposes and you pay must them and if you don’t, pay interest?” Bacchus-Browne queried.

“I do not think that this is right and that’s why I thought that I should come here tonight and say this clearly to the people of St Vincent and the Grenadines, don’t be fooled by this charade! That’s not labour love; that’s not how you love people; you don’t trick them into taking their hard-earned money to pay for lands that they own.

“And according to Possessory Title Act, you can come to court even for Crown lands and do the necessary application and own that land, get a deed which you can take to the bank.”

Bacchus-Browne then urged persons who had received letters, but who had been living on land for more than 30 years to seek legal advice.

“Once you on the land for more than 30 years, and it does not have to be you, it can be from your ancestors. Once your family own the land continuously, use it as your own land, they cannot take it from you, they cannot force you to pay…,” she declared.

“All those people who have signed this agreement already, it is void, and of no effect,” she added.

At a rally of the Unity Labour Party at Colonarie last Tuesday, Prime Minister Dr Ralph Gonsalves dismissed Bacchus-Browne’s claim as “rubbish”.

“She so dotish. She read the Crown Lands Act?” he questioned.

SEARCHLIGHT sought the opinion of a legal expert who said the matter is an interesting one which would have to be tested by the Court.

“The conjoint application of the Possessory Titles Act and the Limitation Act imply that while the ordinary limitation period is 12 years for an action brought by a private individual to recover land, it is 30 years for the Crown.

“Put another way, an application to recover land by the Crown is barred if 30 years have expired since the ‘trespasser’ has been in possession of the land.

“This is to be read with the Crown Lands Act, which provides that any proceeding brought for the recovery of Crown land, the onus of proving it is not Crown land is on the defendant. Further that nothing is to limit the rights of Her Majesty, her heirs and successors,” the expert stated.

“Given the two constructions, it would be an interesting matter to be tested by the court,” he concluded.(AS)