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'Tremendous injustice' flows from Quieting Titles abuse

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

The Government was yesterday urged to reform land registration and the Quieting Titles Act, a leading developer’s attorney warning that the latter has created “a number of problems” and “tremendous injustice” in some cases.

Tavares LaRoda, general counsel for Arawak Homes, said: “The Quieting of Titles Act from its inception was brought in to fix some of the issues with Bahamian titles.

“That, in itself, has created a number of problems and, in some cases, tremendous justice. That is a situation for the Government to look at, to the degree that we need to look at our system of land ownership and to what degree we can reform that and prevent these cases. Definitely that’s something we should look at.”

Mr LaRoda’s comments came at a press conference during which Arawak Homes issued a plea to residents in Sir Lynden Pindling Estates, who have not purchased property from it, to regularise their titles within the next 12 months.

The developer secured a decision from the Privy Council on Tuesday, confirming it had superior documentary title to the land in Pinewood Gardens and Sir Lynden Pindling Estates. The decision impacts hundreds of residents in the area who do not have good title to their property.

“There are definitely steps as a country we ought to look at to stop this kind of activity from happening. We certainly would have done everything in our power to prevent this from happening to us,” said Mr LaRoda.

Arawak Homes president, Franon Wilson, said: “The Quieting of Titles Act was created to help solve a problem that existed at the time. It did that, and if everyone acted in good faith that would continue to be a good piece of legislation. When someone has ulterior motives you end up with the situation we have today.”

He added: “Land registration is going to take a significant amount of effort and time. It is something we have to do.”

Mr LaRoda, however, said generally speaking, most land acquisitions in the Bahamas are carried out without any challenges to title.

“Generally speaking, most transactions in the Bahamas go through without any issues and people are never challenged by title. We do have our challenges, and certainly a system of land registration, once we get there, will relieve some of the issues. But that’s not to say that the system at present is so unstable,” said Mr LaRoda.

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