Peter Binose: The Great Argyle land swindle
By Peter Binose
Can a government be a crook? No but those that administer it can be; those that work for it can be. Those that support a known crooked administration can perhaps themselves at the very least stand accused by the citizenship of aiding and abetting crooked and/or conspiratorial activity against a section of the citizenship.
Here is what I am told is happening with some if not all those 61 people whose land was taken from them and has not been paid for at Argyle. Those without deeds their land is to be acquired after 12 years by the government under the rule of adverse possession without payment.
I find that hard to understand because I thought they already acquired the land albeit without payment under Compulsory Purchase Orders. But I suppose they have not done that when people’s documents are not acceptable to them. But regardless they have the land and the owners do not have the money.
The Possessory Title Act No.38 of 2004 was enacted in 2004 but came into force in 2005. Since then many matters concerning the issue of title have been commanding the attention of the Court. Very often they are matters concerning families or in some cases total strangers who have occupied lands and have remained in continuous and exclusive possession for a period of twelve or more years. The Act insists that the possession must be adverse. Adverse possession is viewed by the law as “factual possession of an exclusive and undisturbed nature of a piece of land.” Possessory title could be claimed even though there might be another person with a paper title. Before the new Act requiring Court action, persons who occupied property adversely had been able to claim title through the registration of a Declaration of possessory title. This title is valid once it conforms with the law.
Some of the Argyle farmland was originally [perhaps still is] owned by the trusties of the Trust and Will of Walter Beverley Briggs, first husband of Lady Gloria Antrobus [sole remaining heir and trustee]. I am led to understand that is currently being investigated at the moment to see if the trust can make a claim on land, perhaps even that which the previous occupiers do not have deeds for. So it may well be that the old trust will get some of the windfall not the government [unless of course the land is then donated to the government]. If the trust does have claim to that land Lady Antrobus will not be able to be declared statute barred after 12 years to claim the land regardless of a Possessory Title gained by anyone else in the past or present.
Lady Antrobus who in her previous married name Gloria Janet Vera Briggs is executrix of the Will of Walter Beverly Briggs deceased, secondly as trustee of his estate and thirdly, as one of his heirs and a trustee can rightly claim as such not to be statute barred.
There is recent [January 2015] case law regarding that matter
http://www.eccourts.org/wp-content/files_mf/ladyantrobusvmiladsassine.pdf
This may well have a serious affect also on those who have been paid out by the government for land who had previously claimed to be in ownership of the land through adverse possession if that land had belonged to the Trust.
Many have wondered why the government had taken the land and not settled with the claimants during the last 8/9 years. That was because they want to possess it without legal objection and then claim they have held it for more than 12 years and therefore have full control over it, having fenced it, developed it and possessing it, thus their future claim route to a possessory title. But hopefully from now on that little scheme will be crushed.
Many of the claimants do not have deeds or proof of title but they did have possession up until the government took it from them, then the government had possession. The government have now held it for some considerable time and the rapidly approaching statutory 12 years which will enable them to claim possessory title is only a short time away. Had the claimants known they could have made a claim for possessory title themselves prior to the government acquisition because they and their family in some cases held the land for many years.
It is common in SVG for land that has been held by a family for many years not to have a paper title. Some people inherited the land by Will but the granter had no paper Deed so no route of title. Some may have been squatters for those many years. In many cases transfers and documents and Deeds have been lost, perhaps deposited at lawyers offices and over time destroyed or passed to the public records office. Or just simply lost within the family or extended family. Or perhaps modern deeds had never been raised on the land. Searching at the registry is a futile exercise because of the rotted and grossly neglected state of many of the older documents there. In some instances a parent with children may have directed that certain portions of land be given to certain of their children without executing the relevant documentations for so doing. In other instances a will may have been made but the legal processes for getting the will probated by the Registrar of the Supreme Court may not have been followed. Therefore there is no good title in the property.
Some of the land may even go back to the times of slavery [but I have not heard of such] when estate owners gave land to emancipated slaves, no deeds and no rent. That land after long use and exclusive occupation became owned by the decedents of emancipated slaves, perhaps today without deeds.
But really this a direct frontal attack on the East Indian community who are the main claimants of that Argyle land. The East Indians need to be aware that the ULP Party they have generally been loyal supporters of, have no respect for them at all.
The claimants should have records from a series of Wills and Grants, but there again it is common place for people to die in SVG without making a Will. It is assumed the land is family land and is administered by the family as such dividing it up among themselves without Deeds.
Now this has not just been thought up recently by someone, or a group within the government, it must be part of a greater long term conspiracy to swindle the real owners of their property. This must have been thought about at the time of the very concept of the airport. Only a lawyer could make such a plan. Only a lawyer would know how to manipulate the legalities of such a plan.
I smelt a rat a long time ago when I wrote “Why have they failed to put the money owed to the land owners in an escrow account?” Now we know the answer to that, because they never had any intention of paying them unless they had to. Why put money by to pay a bill or account if you have no intention of paying it?
Possession is sometimes considered nine tenths of the law and this government has possession of all that land at Argyle.
I know of several claimants who do have the proper Deeds [I have seen the Deeds] and still cannot get paid. The Government quite simply does not want to pay anyone for that land; if they did they would have paid for it a long time ago. In fact if they had a scrap of decency anywhere in the regime or family dynasty they would help the claimants to get paid.
It really is time for all the claimants to get together and launch a class action against the government. There are ways around this and there are still things that can be done. Even if that means giving away up to half of the land’s twenty eight million dollars value in legal fees. Half is better than nothing and at the moment you stand to get nothing.
Perhaps even putting a garnishee on the Arnos Vale airport land. Claiming square foot for square foot regardless of value difference. Because their original farm land is now an airport and has increased in value, it’s no longer farm land values that should be considered.
Stop sitting and expecting this ULP government to treat you fairly, to pay you even, they will not. They have not treated you fairly from day one so don’t expect it now.
Unless all you people get together right now it is a matter of good night nurse, deal done.
Perhaps a lawyer/s would put his/her name/s forward to be willing to conduct a class action on behalf of the land claimants. Please lawyers can anyone of you help?
Not just any Vincentian lawyer will be accepted because some are blighted by their association with the ULP Government and we have seen them in action.
I know how difficult it is for Vincentian lawyers to go up against this current government without a fear of being destroyed in the process. So lawyers from Saint Lucia, Grenada or Barbados if any of you out there can help please contact me through this news media.
See also the following which are important to this matter.
http://www.caribbeannewsnow.com/svg.php?news_id=25329&start=0&category_id=15
http://www.caribbeannewsnow.com/topstory-Letter%3A-Going-green-at-Argyle-Airport-25696.html
Before I go I would like to ask the leader of the Gonsalves/Francis family dynasty who is also the Prime Minister, Minister of Finance, Minister of National Security, Minister of Legal Affairs, Minister of Grenadines Affairs and controller and spokesman of and for all other government ministries of Saint Vincent and the Grenadines Dr Ralph Everard Gonsalves, leader of the Unity Labour Party a question. Comrade is this one of what you like to describe as a ‘masterstroke’ on your part? The people would like to know, everyone reading this would like to know.
I am sure he will try and turn that into an accusation or allegation against him, it is not, it is a genuine question that can be asked by any citizen.
There are no accusations or allegations contained herein actual, expressed or implied against any person or persons. Nor are there meant to be. That is a matter for others to do who have better knowledge of what has gone on and what is going on.
I Peter Binose am only the messenger with a limited message not the enforcer.
Peter Binose, blowing the tuba having abandoned the whistle and then the bugle.
END
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