A family that says it has occupied what the Mayor and City Council has referred to as a city reserve for over 50 years is now facing eviction by the new lessee, former national cricketer now businessman Lennox Cush.
The land is located at Lot 1 Sheriff and Francois streets and according to Barbara Thomas, who was among four siblings who grew up at the property, they sought to have prescriptive rights through the courts but these were denied.
Only one of Thomas’ siblings and a nephew are residing on the lot but they have since been told by Cush that they have to leave.
When contacted, Cush told Stabroek News that he applied for the land through the council and followed all the necessary steps. He said that he has since paid the family in excess of $6 million to move.
However, when this was put to Thomas, she admitted that they received some money but added that it was half of what Cush claims and it was as a result of a subsequent agreement made by former mayor Patricia Chase-Green for them to be granted part of the land, while Cush received control of a larger section.
The family, which resided at the property for over fifty years, has also been paying rates and taxes over the years while residing there.
According to Thomas, in 2008, represented by a now deceased attorney-at-law, the family made an application to the land court to recognise its right of ownership of the land. This, however, was denied by the court as it found that the land was situated at the Lamaha conservancy, making it a reserve which could only be used for farming.
In 2010, represented by attorney-at-law Joseph Harmon, the family made another attempt to gain legal rights for the land but was told by Guyana Lands and Survey Commission that the Georgetown Mayor and City Council transported the land, and the matter was thrown out.
Sometime after, former town clerk Royston King visited the family and informed that the land was sold to Cush.
Stabroek News was told that an agreement was later made by former mayor Chase-Green, to allocate part of the land to the siblings and another part to Cush.
In October of last year, however, when Cush began his construction community members had drew up a petition to have the operation halted. Mayor Ubraj Narine ruled in the residents’ favour and the construction was suspended.
However, Thomas said, Cush in February continued to do extensive work in the area (grading and sand filling).
Thomas and other members of her family say they have been told that Cush’s building plan also includes the area allotted to the family.
Acting Town Clerk Sherry Jerrick told Stabroek News she is totally unaware of any arrangement that former Mayor Chase-Green would have made with Thomas.
She said after checks she became aware that Thomas did apply to the land court for title to the land but that was denied. In relation to Thomas making a subsequent application to the Georgetown Mayor and City Council, she said she was unaware and suggested that the information was not yet documented.
She explained, that records showed that Cush made out an application to the council and a lease was issued. She further informed the newspaper that the council owns the reserve land and can determine who gets where.
A legal source told this publication that as of 2011 a person can no longer apply for prescriptive rights to government land unless there was an application in the court prior to the passage of the new law.
