One of the most vexed areas of land law in Guyana refers to what is called prescriptive title by which undisturbed possession of land owned by a person other than the owner for a continuous period of twelve years or more gives the occupier legal ownership of the land. The rightful owner is thus deprived of his property, sometimes owing to oversight, migration or even subterfuge. It certainly seems unfair and unjust that no legal action or paperwork is necessary for ownership of land to pass from its legal owner to a squatter.
Just to avoid adding to the confusion, we hasten to add that following an amendment to the Title to Land (Prescription and Limitation) Act in 2011, prescriptive title does not apply to State land, no matter how long the squatting has persisted.
It should come as no surprise therefore, that a number of cases involving prescriptive title have reached the Caribbean Court of Justice (CCJ) not only to adjudicate on the matters before it but also to state how the law is to be interpreted and applied. Having ruled on the cases before them however, the Court seemed confused and disturbed, describing the state of affairs on declaration of title as “a messy area of the law often made even messier by factual obscurities.” Mr. Anil Nandlall, the Attorney-General, appears to have similar concerns, arguing that “the law of prescriptive title was being ridden like an unruly horse”.
But the challenge with privately owned land remains. The Court hinted at a solution when it observed that it is the continuing responsibility of the Executive and the Legislature to ensure that existing laws are consistent with core constitutional values of the society, and to undertake ongoing legislative reform to achieve this.
As a member of the Executive, Mr. Nandlall can resolve the mess and tame the horse.