AG, NDC file court proceedings against Corentyne resident for grabbing State land

– contend that land was fraudulently obtained, converted

A court case has been filed by the Government of Guyana and Gibraltar/Fyrish Neighbourhood Democratic Council (NDC), who are seeking an injunction against a Corentyne man over State land he is alleged to have fraudulently obtained.
According to court documents, Attorney General Anil Nandlall is joined by the Gibraltar/Fyrish NDC as the applicants. They are seeking injunctions, as well as costs, against Troy Thom, who they alleged fraudulently obtained titles for State land.

“The Respondent unlawfully and fraudulently obtained the Declaration of Title and Certificate of Title in respect of the Lands in breach of the Prescription Act and the Land Registry Act. The actions of the Respondent are fraudulent and in clear violation of the Prescription Act, Land Registry Act and the Rules of Court.”
“The Respondent has fraudulently converted State Lands into his personal property and unless restrained he will continue to do so to the detriment of the State,” the applicants contend in their Notice of Application.
It was pointed out that Section 3(2) of the Prescription Act bars proceedings for adverse possession of State lands. This has been in place since amendment 6 of 2011 of the Prescription Act.
Section 3(2) 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.”
According to the application, Thom sought and was granted titles for the land in 2019, despite knowing fully that the land was State land. The AG and NDC contend that the lands are in a designated area with no titular ownership, thus making them State land.
“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.”
“Pursuant to the Respondent’s fraudulent misrepresentations, a Declaration of Title was granted to him pursuant to an Order of Court dated the 19th day of March, 2019 and entered on the 20th day of March, 2019 by the Honourable Commissioner of Title, Madam Melissa Robertson,” the application also states.
Moreover, they pointed out that Thom has since converted these lands to his own personal property. The applicants are seeking injunctions barring Thom or anyone acting on his behalf from “entering upon, or remaining or occupying in any manner whatsoever.” They are also seeking an injunction stopping Thom from attempting to transfer or dispose of the land in any way.
The two plots of land in question are in parcel 2, Gibraltar, East Coast Berbice. This latest case comes in the wake of a slew of cases last year after the People’s Progressive Party (PPP) Government entered office, where it sought to reclaim State lands that were illegally vested to individuals.
There have been cases where it had to take parties to court to recover said land, including in the case of Cevons Waste Management, which had been allocated through the Guyana Lands and Surveys Commission (GL&SC).
The Government eventually relented and settled out of court, a settlement that included the company giving up one of its plots of land at Peters Hall on the East Bank of Demerara (EBD), which had been in contention.