Amidst an ongoing land dispute, Attorney General Anil Nandlall yesterday advised residents of Kingelly Village, West Coast Berbice, to destroy a fence that was placed by trade unionist Lincoln Lewis, who maintains the land is the transported property of his ancestor.
“From all the evidence I have seen, this land is state land, not owned by anyone,” Nandlall told residents during a visit to the area yesterday.
“Now that we are in government we can work with you to ensure that you have title for the land. What process we adopt, we will determine that shortly but I am here to give you a commitment from the government of Guyana that this land is state land and that your occupation will be regularized shortly,” he added.
When contacted, Lewis told Sunday Stabroek that his family is in possession of a transport which was passed in July, 1851.
He added that before he could arrive at the scene, the residents had already removed the fence and “no trespass” signs, costing some $200,000.
He said in 1987, Joseph Mc McPherson requested that the land be surveyed to be divided in seven plots to the heirs of Cudjoe McPherson, his ancestor.
When questioned Lewis explained that while the entire village belongs to his family, he is only claiming ownership of the unoccupied land since they would like to occupy the land now.
He also pointed out that it has always been his position that they would facilitate the residents who are residing in the village to acquire transport.
However, he said, that it was irresponsible for Nandlall to advise the residents to break down his fence. “It is irresponsible of the Attorney General to advise people to do what they did. I wish to advise him that we shall not retreat, we will not surrender this land to anybody,” he said. “If anybody believe they have political power and they will bulldoze us then we are going to retaliate,” he added.
But during his meeting with residents Nandlall accused Lewis of “bullyism,” while noting that some of the residents had been living there their whole life and assuring that the government is committed to regularising their occupation. “…You will eventually receive your transport,” he said.
Nandlall also recalled that while in opposition he had offered to represent residents in court and had prepared a statement on their behalf that had been sent to the Commission of Inquiry that then president David Granger had established to enquire into ancestral lands, among other things. He also recalled filing prescriptive titles for about 20 of the residents and noted that some had received their transports and while the process was still pending for others.
Nandlall stated that if Lewis’ ancestors had owned the lands, then residents wouldn’t have received titles. He stressed that an application for prescriptive title is required to be advertised in the Official Gazette as well as in a newspaper circulating in Guyana inviting persons with objections to come forward. “Lincoln Lewis nor anyone else opposed the 20 applications which were filed, including this one that produced the transport,” he added.
‘Law of the country’
Meanwhile, Nandlall said that even if they were to accept that Lewis’ grandparents had owned the village, then based on the law those squatters who resided on the land uninterrupted for 12 consecutive years are entitled to acquire prescriptive title for that land, “that is the law of this country.”
He continued: “Assuming that Mr. Lewis grandfather or whoever had owned this land their transport would have been extinguished by operation of time. Nobody transport is valid forever if you abandoned the land because we have the concept of prescriptive title and that is why 20 of the transport were granted.”
After a resident, 84, said that he has been occupying his house lot since 1959, Nandlall questioned, “How can this land be owned by Lincoln Lewis grandfather?”
Most of the residents gathered at yesterday’s meeting disclosed to Sunday Stabroek that had been living in the village for over 50 years.
Nandlall pointed out that since residents have been residing in the village for a number of years it is “absolute craziness” that Lewis would now claim that the entire village belongs to his family.
Residents also told Nandlall that Lewis has since fenced a section of the land in the village that they claimed to have been occupying. “You are to break the fence. Listen, if you own the land, if you have lived on the land for 12 years and more, you have acquired prescriptive title. It’s as if you got transport for it,” the Attorney General told them.
Another person noted that she had already fenced the land and had a survey done with the transport pending but Lewis reportedly removed their fence. She added that the police were present and allowed Lewis to remove her fence and put his own fence since he had told the police that he was the owner of the land. “You have to move back the fence and the police will have to assist. You will go now and break it, you will go and break it,” Nandlall stressed in response.
The residents then complained that whenever they are attempt to remove the fence the police would intervene and threaten to lock them up. Nandlall then asked the police present to allow the residents to break the fencing that has been “unlawfully constructed” around their land. “Bruck it down,” he said.
Additionally, Nandlall pointed out that Lewis has already been charged with assault and using abusive language after a confrontation with residents and as a result he advised residents that if Lewis is to return and threaten violence then the police should be contacted since they would “remain activated.”
Nandlall told the ranks that were present that if residents are to lodge a complaint then they must investigate and allow the law to take its course, “I know the police like to say in land matters they don’t get involved. There is no matter here. This man is just making up a claim for an entire village.”
After the meeting residents ventured to the area and removed the fence and signs that were reportedly placed by Lewis. Lewis, who said he could recall residents paying rent to his family, vowed that he would rebuild his fence “and my family will occupy this land.”
