Rogers v Reid

• Jurisdiction: Anguilla
• Judge: Joseph, Monica J.
• Judgment Date: 07 November 1983
• Neutral Citation: AI 1983 HC 4
• Docket Number: Civil Suit no. 29 of 1976
• Date: 07 November 1983
• Court: High Court (Saint Christopher, Nevis And Anguilla)

High Court

Joseph, J.

Civil Suit no. 29 of 1976

Rogers

and

Reid

Dr. W. Herbert for appellant

Mr. I. Mitchell for respondent

Real property - Possession — Adverse possession.

Facts: This was an appeal under section 24 of the Land Adjudication Ordinance 1974 as amended against the decision of the Adjudication Officer in which he held that the respondent was the owner of the eastern section of the land is dispute, and that the personal representative of the appellant was the owner of the western portion. The court found that the original owner and testator made a will which was never probated, but which bequeathed the land in dispute to the appellant, her daughter; that the respondent, the grandson of the original owner under the testator had been in occupation of the lands for over 30 years; that the respondent's mother, daughter of the testator hid the will from the beneficiaries. The main question was whether time ran against the other beneficiaries.

Held: There was no general rule that mistake stops time from running. The respondent was entitled to an unspecified lot of land given to him by his mother, and he also became owner of an unspecified portion by 12 years adverse possession. Appeal dismissed. Decision of Adjudication Officer confirmed.

Joseph, Monica J.

1 This is an appeal, under section 24 of the Land Adjudication Ordinance, 1974 (No. 2 of 1974) as amended, from the decision of the land adjudication officer dated 21st October 1975, in which he held that Thomas James Reid is the owner of the eastern section of land at Roaches Hill, Anguilla and the personal representative of Amanda Rogers is the owner of the western portion.

2 The case for the appellant is that by the will of Samuel Brooks, Amanda Rogers inherited the area of land in dispute and that after her death in 1926, her daughter Mary Elizabeth Hancock inherited from her.

3 Mary Hancock left Anguilla and gave the land to Margaret Gumbs to work during her absence. About thirty-eight years ago Thomas Reid, who had been living out of Anguilla, returned and told Margaret that he had bought the land from Mary whom he had met in Santo Domingo. Margaret ceased work on the land and Thomas Reid took possession of the land.

4 Around 1935/1936 and in the 1960s, Mary Hancock attempted to regain possession of the land but failed. She died in 1974 survived by a son, Clifford Delain.

5 The case for the respondent is that Thomas Reid inherited the property from his mother Alice Brooks, a daughter of Samuel Brooks, and that he has been cultivating, the land from 1908 the year his mother gave the land to him.

6 I find the following facts -

By his will made on the 23rd November 1910, Samuel Brooks...