CONSUMER CONCERNS…EXORCISING THE CULTURE OF SQUATTING FROM GUYANESE SOCIETY

Oct 22, 2017 News

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PAT DIAL

Towards the end of last week, the Central Housing and Planning Authority (CH&PA) took action to clear its Sophia property of squatters. Large numbers of these squatters had taken up residence on the Reserve which had been set aside in the original land surveys to accommodate drainage and services such as water and electricity supply.
The presence of squatters on the Reserve impeded the CH&PA from developing the district in an orderly fashion, to have it drained and to allow for electricity and water services to be supplied. Squatting was responsible for parts of the areas to be overgrown with high bush.
Squatting, therefore, created an ambience of disorderliness which negatively affected the health of the community and the general quality of life. Squatting is an illegal activity and provides a platform on which criminality of various kinds, including drug vending and usage, could flourish. It also breeds a mentality of violence where squatters are quick to threaten or attack others with cutlasses and other weapons.
From the media reports on the Sophia squatters, it could be gleaned that many of them have house lots or houses which they rent out. Several members of the same family stake out house lots which they expect to sell later. Squatters of this kind are in it for economic gain.
Others believe that if they squat on Government land, the Authorities would quickly find them a house lot and give them materials to build a house. In this way, they would be better off than those who try to acquire their own house lots and build their houses by their own sacrifice. Granting such facilities to squatters stimulates the growth of squatting.
The Guyana Chronicle reported on Tuesday last that several Sophia squatters were now willing to purchase their own house lots and build their houses. If these squatters were able to acquire their own properties in the first place, then it is quite likely that they took to squatting to acquire a house lot without paying anything.
Squatters, not only in Sophia, but everywhere in Guyana seem to be under the impression that they could occupy with impunity, Government’s or private land. They feel they have a right to squat and if any attempt is made to remove them, they turn to violence as had happened in B Field, Sophia.
If they are ejected, they organise street demonstrations to embarrass the Government and the Ministry of Housing.
The culture of squatting, as a culture, made its appearance during the racio-political disturbances in the 1960s and continued after Independence. It is widely believed that certain politicians condoned squatting.
The culture of squatting is harmful to the development and progress of the Guyanese Society and must be exorcised. How could this be done?
In the first place, the public should be educated as to the illegality and unacceptability of squatting. It should be known that if squatters build houses and structures on someone else’s land, the houses and structures belong to the landowner whenever he/she recovers his/hers land. The media and school system could assist in such education.
Secondly, if the CH&PA and the various Local Authorities intend to take action to eject squatters, they must do so with resolution since if the squatters ever suspect that these Authorities do not have the will to eject them, they will become more aggressive and recalcitrant.
In the recent exercise in Sophia, the CH&PA personnel withdrew in the face of threat of violence from B Field residents though they had Police protection. Dealing with B Field residents will be more difficult when CH&PA continues to clear the Reserve.
Whenever action against squatting commences, it should be pursued to finality, for if there is a lull, that lull would often stretch into months and this will make the situation worse. For example, some time ago, the M&CC began clearing the Mandela Avenue Reserve of squatters and after a brisk much-publicised effort, they desisted. Now, many more squatters have come into the area and have built more permanent structures and have publicly said that M&CC could never displace them.
And lastly, wherever CH&PA and other Authorities have land which could tempt squatters, they should employ rangers who would be able to ward off intended squatters and to inform the Authorities so that they could invoke the help of the Police.
The Laws affecting Squatting need to be strengthened. A few years ago, the Law was amended to make it impossible for anyone to have prescriptive rights against State Lands but no protection was accorded to private land which remained still subject to the 12-year occupancy rule. This was an unfortunate omission when the Law was being amended.
The 12-year occupancy rule was adopted from English Legislation during the time when Sir Joseph Luckhoo was Chief Justice. England is a highly urbanized country and the 12-year rule used there was appropriate and served social interests. This contrasted with Guyana which was still a comparatively rural country and where the 12-year rule copied from England did not serve the social or economic interest of the country.
Indeed, there was never any justification for the removal of the 33-year rule which had served the country well up to then. The abolition of the 12-year rule and the reinstatement of the 33-year rule has now become more urgent owing to the heavy emigration which has overtaken Guyanese Society.
When people emigrate, they often leave relatives or close friends to have surveillance over their property but these soon themselves emigrate or become old and disabled without the owners’ knowledge. When the owners become aware of the situation and appoint someone else, it is often too late since the property would have been claimed by prescriptive rights.
The abolition of the 12-year rule and the restoration of the 33-year rule to acquire prescriptive title to private property would be one of the greatest forces exorcising the rampant squatting affecting Guyanese Society.

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