Residents of Number 46 village in Region six (East Berbice-Corentyne) will soon receive land titles for the lands they have occupied for a number of years.
Attorney General (AG) and Legal Affairs Minister Mohabir Anil Nandlall recently held a meeting with residents, where he assured that they will receive their land titles. He informed that the process is moving accordingly and made a commitment that residents will receive their titles in the soonest time possible. To this end he encouraged the residents to exercise patience.
Attorney General Anil Nandlall
“We embarked upon a process and that process takes time,” the AG alluded.
Lands which the residents have been occupying for decades are being claimed by others.
In this regard, the AG stated that when the discovery was made a few a years ago, the Government began a process to ensure that all the residents eventually receive titles for their lands.
He indicated that they had moved to begin the process of granting ownership to the residents.
The Government had petitioned the Land Court but was not successful in this move.
“We tried several mechanisms before. We tried petitioning the Land Court by way of prescriptive title. That did not bear much fruit because the owner of the land, who owns it by certificate of title, came forward and asserted that title. And by law, once a land is owned by certificate of title, unlike a transport, and that certificate of title holder comes forward and asserts that title, no application for prescriptive title can be granted,” he pointed out.
According to the AG, some persons have started a similar application in the High Court, and the matters are now before Justice Nicola Pierre. He stated that a total of 19 matters are currently there.
He also revealed that those persons will suffer the same faith unless a method of resolution is arrived at.
“Bringing the matters to a resolution and getting titles for all the persons who are resident on the lands, as I said requires a process to be done. We had to get a complete survey of the entire village and every occupant and what they occupy and where they occupy and the dimension of their occupation, recorded on one single plan,” Nandlall stated.
The AG pointed out that having the matter resolved first required a survey of the community to be recorded on a single plan. This survey, he stated, has been completed.
“This single plan here shows every single lot of land in this village, shows the dimension, all the streets, shows the size of the lot, who is occupying, those who are adjacent and it also shows which of these plots are owned by certificate of title and who own them,” he stated.
Moreover, he explained that “This singular plan will be used to get descriptions for all of you for the land you occupy and eventually when titles come after the process is concluded, the description of your land that will be on your title will be derived from this plan.”
Residents whose cases are before the court were informed that they [cases] must be amended to include the new survey. He said it is the only way they would be able to acquire a title for the land.
“The clear-cut cases where nobody is asserting title and the land is clearly demarcated, you will get your title, obviously. The second set we will deal with, is those that are opposed. We will have to sit down with the people who are opposing you and work out a compensation or some form of resolution whereby they will relinquish their interest in the land. The Government will take care of that. That is our promise and commitment to you,” the AG assured residents.
Meanwhile, he pleaded with residents not to tamper with the boundaries since any movement of said boundaries would disrupt the process.
“The major part of the work is concluded which was to get a proper comprehensive accurate plan and please, none of you do not change your boundaries because it will cause problems. Any movement of any boundaries here will cause great disaster in this process because from the time you move, you are shifting to another boundary, or you are shifting to a place that is different from which is demarcated on the plan,” he appealed.
Earlier this month, the AG along with Minister within the Ministry of Housing & Water, Susan Rodrigues distributed land titles to the 45 residents of the Non Pareil New Area, East Coast Demerara, after some 20 years.
The AG had urged the residents to secure their titles in light of its importance.
“Your certificate of title is a document of great legal and commercial value. Legal because it certifies you, in law, as the power of that property, and nobody can take it from you,” the AG had stated.
