Attorney General and Minister of Legal Affairs Anil Nandlall, and the Gibraltar/Fyrish Neighbourhood Democratic Council (NDC) have filed legal action against Troy Thom, a Corentyne resident, over State land he fraudulently obtained.
The two plots of land in question are in parcel 2, Gibraltar, East Coast Berbice.
In a Notice of Application, the AG and the Gibraltar/Fyrish NDC contend that Thom unlawfully and fraudulently obtained the Declaration of Title and Certificate of Title in respect to the lands, breaching the Prescription Act and the Land Registry Act.
The applicants stated that Thom 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 court documents seen by this publication stated that Section 3(2) of the Prescription Act bars proceedings for adverse possession of State lands, after coming into operation of amendment 6 of 2011 of the Prescription Act.
“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 AG and the NDC, despite legislative provision, barring the acquisition of State lands by adverse possession, Thom proffered fraudulent evidence to the court and obtained a Declaration of Title.
The Declaration of Title was granted on March 19, 2019, and entered on March 20, 2019, by the Commissioner of Title, Melissa Robertson.
In spite of the proceedings, the applications are seeking an injunction restraining Thom or his servants, and/or agents from entering upon, or remaining or occupying in any manner whatsoever, the lands.
They are also seeking an injunction restraining the Corentyne resident from selling, mortgaging, transferring, disposing, or in any way encumbering the lands.