Re Leopold Smith

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Glasgow, J.
• Judgment Date: 08 January 1970
• Neutral Citation: VG 1970 HC 1
• Date: 08 January 1970

High Court

Glasgow, J.

Re: Leopold Smith

Appearances:

Adams and Hewlett for applicant

L. Lockhart for two Caveators

J. Archibald for one Caveator

Real Property - Title.

Facts: The issue was whether the applicant was entitled to title. Evidence revealed that the caveator owned land adjoining the property for which the applicant sought a title. Section 12(6) of the Title of Registration Act required that the applicant give notice to the caveator that he had applied for a title.

Held: The applicant's failure to abide by the Act meant the application must be dismissed.

Glasgow, J.

1 By a request for a certificate of title dated the 29 ^th May, 1967 Leopold Smith of Road Town, Tortola, requested that a Certificate of Title be issued to him as registered proprietor of a piece or parcel of land o the extent of 39.9 acres situate at Harvers in the Island of Tortola and stated to be bounded on the East in part by lands of British Islands Development Company Limited and in the other part by lands of Christalia Anthony; on the West by Pockwood Pond Estate; on the North in part by lands of Leopold Smith and in the other part by a public track; on the South by the public road, all as the same is delimiated on the map or plan of the said land submitted therewith.

2 According to the affidavit of Leslie Malone sworn on the 29 ^th ay, 1967, a notice to adjacent owners was served by him on Christalia Anthony on the 29 ^th May, 1967. According to the affidavit of Edgar Hewlett sworn on the 29 ^th May, 1967 a notice to adjacent owners in the above matter was served by him on the 29 ^th May, 1967 on the Attorney General, The B.V.I. development Company Ltd., and by “registered letter post to Mrs. Norman Grigg and Mrs. Guida Maron owners of Pockwood Pond Estate.”

3 Section 16 of the Title by Registration Act entitles any person who claims to be the proprietor of any land to enter a caveat in the office of the registrar...