I own the property known as Lot 40 A, B and C Friendship, East Bank Demerara where I have resided along the Demerara River for over 40 years. Between my property and the Demerara River is a government reserve which I maintained and clean but have never owned it. All adjacent lands are similarly government reserves.
Unknown to me, by way of an Order of the Land Court, an individual obtained a Certificate of Title to the said reserve sometime in the year 2006. He had never occupied the land before but he has now fenced the land and built a benab denying all others access to the Demerara River.
I was at a loss, as the land was a government reserve and therefore was not open to private ownership since it was for protection of the river bank especially given the high tides which are experienced.
I challenged the ownership of the title in the High Court, but the court ruled that on the face of it, the land through the Lands and Surveys Commission was available for ownership and I was not the owner. The plan used by the individual as certified by the Lands and Surveys Commission does not indicate that the land was a reserve.
I wrote to the Honourable Prime Minister’s Office but to no avail as he responded that the court’s decision is final and should be respected.
My complaint was, which the Honourable Prime Minister failed to address, that is how a government reserve, particularly in such a sensitive area can suddenly become land available for private ownership. To my mind, the fault lies with the Lands and Surveys Commission for approving the survey plan after which everyone including the Honourable Court was misled.