Grigg et Al v Brathwaite

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Glasgow, J.
• Judgment Date: 21 March 1972
• Neutral Citation: VG 1972 HC 2
• Date: 21 March 1972

High Court

Glasgow, J.

Grigg et al

and

Brathwaite

Appearances:

C. Lloyd for caveator

L. Lockhart and McW. Todman for caveatee

Real Property - Possession.

Facts: A caveat was entered forbidding the granting of the title to the applicant.

Held: The caveator was occupying more land than he was entitled to and he had actually altered the boundaries on his title. Caveat discharged.

Glasgow, J.

1 On the 19th April, 1971 Naomi Iona Grigg and Margaret Louisa Moron presented a request to the Registrar of Titles for the issue to them of a certificate of title in respect of “ALL THAT piece or parcel of land situate at Pockwood Estate Tortola, British Virgin Islands, containing by admeasurement 131.4 acres and bounded on the East in part by lands of Leopold Smith and in part by lands of the heirs of Christalia Anthony; On the West in part by lands of Robert Grays in part by lands of Geoffrey Cobham and in other part by lands of Levi Mathias; On the North in part by lands of Richard Braithwaite, in part by lands of Alan and J, Hodge, and in other part by lands of L. Frazier; On the South in part by the sea and in part by a parcel of land known as the Dungeon or Old Fort and in part by lands of J. Anthony ALL as the same are delineated on the J, a. Storey & Partners Plan No. 792 submitted herewith drawn by R.W. Harding, licensed Surveyor dated October, 1970 and therein edged green.”

2 After due advertisement Richard Brathwaite (hereinafter referred to as the claimant) entered a caveat forbidding the issue of a certificate of title in respect of the said land on the ground that he is the legal owner of part thereof,

3 In paragraph 7 of their said request the applicants alleged that “apart from the encroachments on the said lands by J, Anthony (including by Roosevelt Smith as a reputed purchaser from J. Anthony) Braithwaite, Leopold Smith and the hears of Christalia Anthony shown on the plan which accompanies this Request, there are no other persons claiming to be the owners of the said land”.

4 By a deed of conveyance dated the 18th November, 1950 and lodged for record, at the Registrars Office in Road, Towns Tortola on the 13 ^th January, 1951 as No. 3 of 1951 the claimant purchased from Isaac Glanville Fonseca and Florence Ercelle Fonseca, executors of the Will of the late Glanville Fonseca “ALL that certain Lot piece or parcel of land and lying at Pock Wood Pond in the island of Tortola, British Virgin...