The Supreme Court of Turks and Caicos has ordered the transfer of the freehold interest in previously designated Crown Lands to a local real estate developer. The ruling came despite fierce resistance from TCI’s government. The transfer of ownership of Crown Lands in Turks and Caicos has long been a contentious issue. Uncertainty over legal title has been exacerbated by the differing approaches of successive TCI governments stretching back to the late 1990s.
The case we’ve mentioned – Gilbert Selver v The Attorney General (2022) – is significant because it sets a precedent for similar cases that may come before the courts. Coming down as it does in favour of islanders who acquired land under previous governments, the Selver judgment could well lead to a flurry of cases where locals and developers seek to regularise their legal title to land that has historically been unclear.
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Gilbert Selver v The Attorney General (2022)
The case arose out of a dispute over ownership of two parcels of land at Kew Town, Providenciales (also known as Norway & Five Cays). Mr Selver, an islander and developer claimed that in 1999 under the then Crown Land policy he sought to purchase:
the freehold of one of the parcels of land (Plot A)
a lease – and upon completion of development the freehold – of the other parcel (Plot B)
Mr Selver further claimed that TCIG agreed to this and that in February 2003 he tendered payment of the freehold purchase price of Plot A. He also performed all that TCIG had requested of him in relation to the acquisition of the lease and ultimate freehold of Plot B.
In 2003 Mr Selver applied to formalise his title to the plots. The response from TCIG came four years later, and it became clear that the government had dramatically changed its approach to the Plots. Mr Selver set out for the court how he believed the TCIG unilaterally, and in breach of contract, had changed the terms upon which the lands were first offered and accepted. He sought declarations, damages, interest, and costs. TCIG argued that Mr Selver was a trespasser because he had used the land and occupied it without formal title of the requisite leases. The government sought possession of the plots and an order enabling it to pull down the buildings that had been constructed by Mr Selver.
The Supreme Court’s Decision
The court disagreed fundamentally with the government’s case. Mr Selver had not occupied the plots unlawfully as suggested. In fact the dealings between the government and Mr Selver over two decades, including visits and inspections (including a survey by the Ministry of Natural Resources) of the Plots meant the government had always been aware of Mr Selver’s occupation of the land. Consequently, even if there had been initial unlawful entry by Mr Selver any legal remedy the government may have had in this respect had been waived. As a result, the court ordered that the properties be transferred to Mr Selver (albeit at an increased price).
Comment
The Selver case should be viewed against the wider political/legal context of land disputes in Turks and Caicos to understand fully its significance. By way of background, the 2008/2009 TCI Commission of Inquiry into possible corruption by elected officials found a high probability at that time of systemic corruption in government and in the TCI legislature. The Inquiry suggested that corruption mainly consisted of bribery by investors of Ministers and/or public officers so as to secure Crown Land on favourable terms.
The Selver judgment comes just as a TCI government-led review of Crown Lands gets underway. Some observers have suggested the robust way the TCI attorney general defended itself against Mr Selver’s claim over the disputed plots of Crown Land is a clear indication that the government intends to at least attempt to take back control of Crown Lands conveyed to islanders under previous, allegedly corrupt governments. The Selver case demonstrates that if this is in fact the government’s aim, it faces an uphill task in achieving it.
Contact Us
Parris Whittaker, headquartered in the Bahamas and with regional offices in TCI has a specialist team of real estate and litigation attorneys. We are ready to advise you on the most effective legal strategy in any TCI land dispute, including a dispute concerning Crown Lands.For initial guidance, please schedule a meeting with a lawyer at ParrisWhittaker today.
