Heirs of Victoria Richardson v Hm Commissioner for the Crown

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: St Bernard, J
• Judgment Date: 15 July 1980
• Neutral Citation: AI 1980 HC 3
• Docket Number: 8 of 1976
• Date: 15 July 1980

High Court

St. Bernard, J.

8 of 1976

Heirs of Victoria Richardson

and

Hm Commissioner for the Crown

Appearances:

Attorney General & D Byron for the respondent

Dr W Herbert for appellant

Real Property - Title

St Bernard, J

1 This is an appeal from the decision of the Land Adjudication Officer under section 24 of the Land Adjudication Ordinance in which he granted absolute title of, a parcel of land called Mt Pleasant Estate to the respondent. The appeal is by way of rehearing, in which witnesses were heard on both sides as if new trial had been ordered,

2 Edward Carter Rey had four children including Walter Rey by Victoria Richardson whom he placed on a parcel of land sometime about the year 1910. Carter Rey was then in possession of at least three parcels of land adjoining one another - Long Ground, Wall Blake and Mt Pleasant. If he had title to any of the parcels of land it appeared to be Long Ground. For the purposes of this case however what is important is that Mt Pleasant Estate was not his own. He had only a Power of Attorney dated 23rd January 1904 from his sister Henrietta Lake commonly called, Etta who lived. in Antigua at that time. She was a tenant for life and her daughter Marie was the person entitled to the remainder of the Mt Pleasant Estate.

3 Waiter Rey and Huldina Rey stated that when they were old enough their father took them over the land on which the mother's house was built, told them it was theirs and pointed out its boundaries. Carter Rey died in 1943 and Victoria Richardson died in 1969. After Carter Rey died his brother Frank was in charge of Mt Pleasant Estate until 1954. In 1953 Henrietta Lake died and Marie Lake the owner sold the estate to the Government of St Kitts, Nevis, Anguilla in 1954. The question arises whether or not the land claimed by the Richardsons forms part of Mt Pleasant Estate or whether it is included in the parcel of land known as Long Ground. If it was part of the Long Ground then the Crown has no interest and if it is a part of Mt Pleasant Estate then it does not appear that the appellant could claim by adverse possession. Carter Rey's possession was obtained through a Power of Attorney and he was in control of the land until he died in, 1943. Even though they may have worked part of Mt Pleasant Estate through the years in my view they could not claim by long possession. It would seem also that the arrangement made by Carter Rey with members of his family might be termed “a kind of” family arrangement.

4 The boundaries given by both sides are in dispute and the documents of title do not assist. There is greater difficulty in ascertaining the western boundary than the other boundaries. The ewe content Mt Pleasant Estate does not run to the sea but I find facts that it extends to the sea shore. The Government took possession in 1954 and Ira Richardson who is now Ag Chief Agricultural Officer was then a carpenter's apprentice and said he knew a gate was placed on the land by Government near, where sand and stones were taken. In 1956 he was a Junior Agricultural Officer and Mr. Banks now deceased was Chief Agricultural officer then in charge of the land. Two sketch plans were in 1959, one by Mr. Banks deceased and the other by Ira Richardson. Mr. Banks' sketch shows Mt Pleasant Estate extending to the sea and portions now claimed by the appellants as being in the possession of the Government.

5 Walter Rey stated in regard to the boundaries:

“He (his father) showed me a boundary mark a large stone to west. Mark to Forest main road another stone. Two marks one was a large loblolly tree and another point by a tamarind tree. Marl hole has no significance to me. It is near boundary leading to the Forest Road. There was a lignum vitae pole and a-stone. Where Airport is was Wall Blake property. There was a barbed wire and part stone wall.. Wall Blake is north of our land - on South the sea and on West different people. Don't know people at that time. East was Mt Pleasant Estate separated by road leading to the Forest. There was no fencing on the west.”

6 Huldena Rey's description of the boundaries is no better and I do not accept them as reliable.

7 Cecil Riles, Director of Surveys and a Licensed Land Surveyor pointed cut to the Court in the presence of counsel “a cut line” shown in an aerial photograph dated 5r1 February 1954 (Exhibit. B). He said this meant there was a cutting there in 1954 from the position of a rock on-the sea shore right across the land showing a division and if projected would extend in the area of flan Richardson's house. The boundaries of Mt Pleasant Estate, he stated, were taken from this photograph and another photograph taken in 1968 when there were no disputes in regard to the land. There were also heaps of stones at intervals along the cut line starting at some distance from the “stepping rock” all along the cut line in direction of Alan Richardson's house where there was a turpentine tree in 1954.’

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