George et Al v George

• Jurisdiction: British Virgin Islands
• Court: Court of Appeal (British Virgin Islands)
• Judge: Davis, C.J.,,St. Bernard, J.A.,,Peterkin, J.
• Judgment Date: 14 June 1976
• Neutral Citation: VG 1976 CA 1
• Docket Number: Civil Appeal No. 1 of 1975
• Date: 14 June 1976

Court of Appeal

Davis, C.J., St. Bernard, J.A., Peterkin, J.A

Civil Appeal No. 1 of 1975

George et al

and

George

Appearances:

Mc W. Todman for appellants

J. S. Archibald, with him L. Stevens, for respondent

Real property - Title.

Facts: The appellants filed a claim for five acres of land at Gun Creek. The respondents filed a claim to twenty-six to thirty-nine acres of land at Gun Creek including the area of land claimed by the appellants. Both claims were based on long possession. Both parties had in 1971 filed claims under the Title by Registration Act. The Adjudication Officer decided in favour of the respondent. The court was referred by the appellants to a finding of fact made by the officer that the appellants were on the land until 1969 and the appellants contended that the undisputed fact was that they had continued to have the use of land up to the time of the application.

Held: Appeal allowed.

JUDGMENT OF THE COURT:

1 This is an appeal from the decision of the Adjudication Officer dated 20 ^th July, 1974 in which he declared the Respondent, Trophena George, to be the owner with absolute title of all the land in dispute situate at Gun Creek, North Sound, Virgin Gorda. The area is also known as Upper Bottom.

2 The appellants filed a claim dated 27 ^th March, 1974 for 5 acres of land at Gun Creek. The respondent also filed a claim to lands at Gun Creek. It was dated 18 ^th July, 1973, and was in respect of 26.39 acres of land which included the area of land claimed by the appellants. Both claims were based on long possession. On investigation on the ground, the area pointed out to the Demarcation Officer was substantially more than the 5 acres claimed by the appellants, but both the appellants and the respondent had in 1971 filed claims under the title by Registration Act, in respect of which caveats had been entered. On that occasion the appellants had identified the land by a survey which limited it to 5 acres. Counsel for appellants has stated that the instant claim is related entirely to this area which is easily ascertainable by virtue of the survey.

3 The first three grounds of appeal are as follows:–

• (1) The Adjudication Officer was wrong in law in concluding that Trophena George is in effective possession of all the land in dispute.

• (2) The Adjudication Officer erred in that he failed to take into account the legal effect of the request of the objectors/appellants made on the 4th...