Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
December 30, 2011

Possessory Title – 4

Last week we looked at two cases pertaining to possessory title. This week we will examine another case that was determined under the Act. It was determined in the favor of the paper titleholder. This was in the matter of Browne v Adams and others (No. 62 of 2008). Let me remind you that there must be adverse possession for at least twelve years.{{more}}

No. 62 of 2008

In this matter the applicant applied for possessory title for lands situated at Campbell in Union Island under the Possessory titles Act No 38 of 2004. The notices were posted in the newspaper, in the Magistrate’s court and the High Court Registry, as required by the law.

The Respondents responded to the notices and filed entries of appearance challenging the application under the same Act. As required, after the entry of application, such person (or persons) must file a written claim stating the name of person who has title and give a statement of the nature of the claim. The Respondent’s contention was whether the Declaration of Possessory title was valid and whether there was indeed 12 years of exclusive adverse possession.

The Applicant’s case

In his written affidavit, the applicant claimed that his mother bought the land since 1945 but that no deed of conveyance was executed. A wall structure was erected on the land and she lived on the land before moving to St. Vincent to live. He came into possession of the land in 1960 when his mother gave the land to him. In his oral testimony, he, however, claimed that it was given to him in 1948. Since there was no paper title, a Declaration of possessory title was executed in 1995. He paid no taxes but he received the rent and the profits from the land. A cousin was allowed to cultivate the land and he also gave permission to one of the respondents to keep animals on the land. He visited every two years. In cross- examination, it came out that he lived in New York and that there was no actual uninterrupted possession. He had not paid the taxes for the land. His sister’s version was different as to the acquisition of the land. In her affidavit, she claimed that the grandmother of the applicant’s mother gave her grand daughter the land.

The Respondent’s case

The First Respondent represented Sea View Development and held paper title No. 9 of 1974, which showed root of title from Deed No. 26 of 1946. Her affidavit showed that her husband as governing director of Sea View Development had been in exclusive possession having bought the land in 1974. After his death, she took control and visited the land from time to time. She did not see any structure on the land on earlier visits. The land was covered with shrubs. She sold part of the land to Government and the second respondent had approached her to buy part of the land. On a later visit in 2008, she saw a structure and part of the land was enclosed. She heard that the second respondent had enclosed it. She reported the information to her lawyer and when the notice for possessory title was given in the newspaper, she consulted her lawyer about opposing it.

The paper titleholder, the First Respondent, succeeded. There is also a lesson to be learnt from this case. If you own lands, always check the possessory title notices in the newspaper. Visit your property and maintain some presence.

I hope that your Christmas was wonderful and I wish that you would have a healthy and prosperous New Year.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Mangrove destroyed in conservation area – Opposition Leader
    Front Page
    Mangrove destroyed in conservation area – Opposition Leader
    Webmaster 
    September 4, 2026
    OPPOSITION LEADER Dr. Ralph Gonsalves said that while people are focused on the sale of Chatham Bay, Union Island, there is an environmental massacre ...
    Prime Minister Friday defends sale of lands at Chatham Bay
    Front Page
    Prime Minister Friday defends sale of lands at Chatham Bay
    Webmaster 
    September 4, 2026
    CHATHAM BAY, Union Island is worth protecting, but protecting it does not mean it cannot also deliver value for the people of St Vincent and the Grena...
    HIV/AIDS advocate says he was fired
    Front Page
    HIV/AIDS advocate says he was fired
    Webmaster 
    September 4, 2026
    HIV/AIDS advocate and educator Winfield Tannis- Abbott, is claiming political victimization after his position as Aids Coordinator for Public Sector E...
    FBI to visit SVG says Leacock
    Front Page
    FBI to visit SVG says Leacock
    Webmaster 
    September 4, 2026
    PERSONNEL ATTACHED TO the Federal Bureau of Investigation (FBI) are expected to be in St Vincent and the Grenadines (SVG) soon according to Minister o...
    Friday and Gonsalves honour Allen
    Front Page
    Friday and Gonsalves honour Allen
    Webmaster 
    September 4, 2026
    PRIME MINISTER Dr Godwin Friday and Opposition Leader Dr Ralph Gonsalves crossed party lines to deliver deeply moving tributes to Alpian Allen’s endur...
    Daughter eulogised her dad whose “heart was right with God”
    Front Page
    Daughter eulogised her dad whose “heart was right with God”
    Webmaster 
    September 4, 2026
    DR JANELLE ALLEN, spoke with love and nostalgia of her dad Alpian Allen, who always made time for his family and prayer. She was delivering the eulogy...
    News
    Report wrongdoing by police – acting deputy COP
    News
    Report wrongdoing by police – acting deputy COP
    Webmaster 
    September 4, 2026
    COMMENTS of “nothing is done” when civilians report acts of wrong doing by members of the Royal St Vincent and the Grenadines Police Force (RSVGPF) ha...
    Current revenue declined in 2026 second quarter
    News
    Current revenue declined in 2026 second quarter
    Webmaster 
    September 4, 2026
    PRIME MINISTER Dr. Godwin Friday, on Thursday, August 27, 2026 told the House of Parliament that there was a decline in current revenue received for t...
    Electrician charged with multiple offenses
    From the Courts, News
    Electrician charged with multiple offenses
    Webmaster 
    September 4, 2026
    A 44-YEAR-OLD electrician of Belair charged with multiple offenses, was granted EC$10,000 bail with one surety when he appeared at the Serious Offence...
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    News
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    Webmaster 
    September 4, 2026
    STUDENTS OFTHE St Joseph’s Convent Kingstown, took the top three places in the third annual Secondary Schools’ Art competition organised by theYoulou ...
    Nephew pays tribute on behalf of North Leeward
    News
    Nephew pays tribute on behalf of North Leeward
    Webmaster 
    September 4, 2026
    THE NORTH LEEWARD community celebrated the legacy of their former Parliamentary representative Alpian Rudolf Otway Allen, remembering him as a devoted...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok