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The Story within the Story… How easy is it to steal a piece of land?

Mar 13, 2016 News

By Leonard Gildarie

I have been writing about housing issues for some time now. The number of complaints I have been receiving of some of the wrongs that have been perpetrated on persons is heart-rending. What makes it more galling is the appearance that the system that has been designed to and is supposed to protect citizens, seems not to be working.

There is an old, popular saying – Justice delayed is justice denied.

Two cases came to mind recently that have me wondering, and I am hoping that the folks down at the various registries and even the Land Court can take note. There should be reforms, and urgently at that.

In Mahaica, a family that had a piece of land reportedly moved away. It was passed down through the family. A few years ago, a businessman moved his equipment and trucks to the piece of road side land, clearing it and opening a workshop.

The family claims that they turned up to evict the “illegal” squatters and instead met with police who were called to the scene.

At the police station, the family said they produced documents while the other party did not have anything to prove what authority was used.

The businessman then filed a court action to claim Prescriptive Rights.

Under the law, in simple language, Prescriptive Rights are applied for when you have been in occupation of lands that belonged to no one and you want to own it.

The family is convinced that it is a case where the system has failed them, with the police originally not interested in hearing their side of the story. They insist that it is not a civil matter for the courts, but rather a criminal one – the businessman was trespassing.

A Government official recently contacted me. There is a case of a property along East Bank Demerara being stolen using the system.

It was simple. Two properties next to each other had the same address.

One was empty. The neighbour apparently saw it and maybe knew nobody would be returning for it.

The smart neighbour reportedly approached a Justice of Peace and swore to an affidavit. He was even able to produce an identification card. The property was transferred to the neighbour.

There are stories of ‘runnings’ with properties being stolen like this across the country.

If that is bad, there are complaints of land cases taking years to be heard.

In many cases, some of the plaintiffs end up dying.

I would receive calls from overseas-based Guyanese who complained of coming back and learning that someone else had taken possession of their family lands.

Lands and properties are very dear to the heart of families. It is easily something you would want to leave the kids and loved ones. Many families have migrated and left their lands hoping to return one day and “throw back”. Many of them do.

There are indications that even real estate officials are involved in the “legal” stealing of lands and properties. The loopholes that exist in the law need to be closed. We need to hear cases faster in our courts. We may need more judges. We need better record keeping at our registries and NDCs. It is time we fix this vexing issue.

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