Elroy Arthur v Michael Findlay

Case name: Michael T. Findlay (Duly appointed attorney on record for Muriel Findlay Small v Elroy Arthur [High Court Civil Appeal No. 17 of 2010] Date: Tuesday, 18th September 2012 Coram: The Hon. Mr. Davidson K. Baptiste, Justice of Appeal The Hon. Mde. Louise Blenman, Justice of Appeal The Hon. Mr. Don Mitchell, Justice of Appeal [Ag.] Appearances: Appellant: Mr. R. Andrew Cummings, QC with him Ms. Annique Cummings Respondent: Mr. Carlyle Dougan, QC Issue: Application for possessory title Result / Order: [Oral delivery]

1.The appeal is allowed and the decision of the learned trial judge set aside.

2.The appellant/applicant is awarded costs being 2/3 of what was awarded in the court below 36 Reason: The learned trial judge erred in construing and applying the law as to adverse possession as defined in Section 2 of the Possessory Titles Act 2004 of Saint Vincent and the Grenadines. Section 2 provides that adverse possession means factual possession of an exclusive and undisturbed nature of the piece or parcel of land in Saint Vincent and the Grenadines for a continuous period of 12 years or more accompanied by the requisite intention to possess the said land as owner thereof. This section requires a coincidence of factual possession and intention to possess. While factual possession started in 1993 it is clear that the trial judge found that the intention to possess was manifested in 2003. It became clear then that the 12-year period for adverse possession would crystallize in the year 2015. The applicant therefore had not satisfied the criteria of the Possessory Titles Act 2004 to obtain adverse possession.