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Black landowner in USVI says White neighbours preventing him access

- White neighbours allegedly claim security concerns; offers to buy property
Mr Bernard Cuffy is alleging that White neighbours to his plot in the Clairmont community, located atop the mountain in Salt River in St Croix, US Virgin Islands, have made it extremely difficult for him to clear the legal path, as per the lot’s subdivision, to get to his property. Photo: VIC
VI CONSORTIUM

CLAIRMONT, St Croix, USVI- — “I thought you were going to smash. So Smash! This is what you guys created and I will deal with it. You created this!”

Those were the words of Bernard Cuffy in April 2019, a local business owner with a plot of land in Clairmont, St Croix, US Virgin Islands (USVI) who over the course of a few months relayed to The Consortium that White neighbours to his plot in the Clairmont community, located atop the mountain in Salt River (second left entering from Kingshill Road), have made it extremely difficult for him to clear the legal path, as per the lot’s subdivision, to get to his property.

In fact these neighbors, Mr Cuffy said, have gone so far as to block the legal pathway to his plot with boulders. And when he had those boulder removed, the neighbors placed them again. This after the Department of Planning and Natural Resources (DPNR) visited the location and again confirmed that the pathway Mr Cuffy has been meaning to clear, is the legal roadway as per the subdivision. The US Virgin Islands Police Department (VIPD) also visited the location and directed that the boulders be removed.

White neighbours claim security concerns

So what’s the problem? Why are these neighbours, all of whom Mr. Cuffy said are White, are so determined — going as far as illegally placing boulders in the road — to stop Mr Cuffy? He told The Consortium a week ago that the neighbors said they were concerned about security, although Mr Cuffy said he was not sure why. “It’s going to be a security issue for them because I am not White. That’s the problem” said Mr Cuffy, who owns Carpet Masters, a firm offering rug and carpet cleaning as well as sales. “They want to control the mountain. You can’t control the mountain, it’s not yours. It’s a subdivision. This is the Virgin Islands.”

The situation started in October 2018, when Mr. Cuffy said he received a message from the neighbours asking that he attend a meeting to “discuss the overgrown road that we all share together.” He said the neighbours have been so determined to block him from using the road that they offered to pay for the development of another path, which Mr Cuffy said would affect the value of his property, while losing pristine views. When that did not work, the neighbors offered to buy the plot from Mr Cuffy, but he refused that offer as well.

The neighbors then wrote a joint letter, which in essence calls for Mr Cuffy to either use the route they wanted to clear for him, or they’d tie him up through the legal system.

Threats of legal action

Excerpts from the letter, provided to The Consortium by Mr Cuffy, are below:

“With your election to disregard our polite but unwavering and clear position that we, (the Devlins), the Adams, the McKenzies and the Hookers, making up the six lots affected by your intention to clear that ROW, adamantly oppose your doing so, we have had no choice but to seek counsel on how to act to prevent its clearance, which we fully intend to exhaust to the fullest extent provided by law, bringing however many different actions as may be necessary, and for however long that might take.

“If we have to litigate an endless list of injunctions to stop the opening, which we absolutely would and I’ll commit here, WILL do, it will run us both, potentially, in the tens of thousands of dollars each, which we would be splitting 6 ways on our side and could go on virtually indefinitely.

“Bernard, given that we ALL unequivocally and adamantly oppose the clearing and opening of that ROW that will, and I repeat, WILL, result in years of litigation to prevent such, and the expense and inherent bad blood that comes with litigation, that we come to some solution that you can live with to utilize the alternate access to your plot #38. It is not our, nor any of our neighbors’ intention or desire to have to fight with an adjoining neighbor. The cost to litigate with us, and the costs required in engineering, permitting and environmental compliance will drive the cost of your lot far beyond what you would have paid for it at a retail pricing, and far, far more than the cost of perfecting and utilizing the existing lower road access. I think we would all rather come to some reasonable resolution to prevent the litigation, or purchase your plot at a reasonable profit if you just can’t live with it, and be done with it, than start feeding the lawyers.“

Offers to buy land

Mr Cuffy, steadfast in his stance to use the legal pathway to his plot, refused to acquiesce. The neighbours then held to their threat of litigation and filed suit seeking a temporary restraining order (TRO) in the Superior Court on St Croix. The suit reads in part, “Plaintiffs seek emergency order forcing defendant to immediately stop cutting a road on plaintiffs’ properties.” This after surveyors have determined that the roadway was not on any of the neighbours’ property, according to Mr Cuffy, and according to The Consortium’s viewing of the markers left by a surveyor hired by Mr Cuffy and another by one of the neighbours.

Mr Cuffy said the Superior Court judge, while seeing no problem with the pathway that Mr Cuffy intends to clear after looking at the DPNR paperwork, allowed the plaintiffs, upon request, a short space of time to consult with the Board of Land Use (BLU) to appeal DPNR’s decision. However, according to Mr Cuffy, the judge said he would not wait if a BLU response was taking too long.

Yet even as the BLU response pends, Mr Cuffy said he was given yet another offer two weekends ago. Again, he refused.

Situation ‘appaling’

Mr Cuffy said the attempts to stall his progress have cost him financially, but he conveyed his unwavering determination to move forward. He said people should not “give up their rights because of some rich folks who say you can’t pass.”

He said although the neighbors know he owns the plot, they have called police on four different occasions claiming that he had trespassed. “You know I’m the owner. You know there’s a road. You know that you’ve stated that there’s a road, but you call the cops just to inflict pain and hardship on me,” Mr Cuffy said. “It’s unbelievable the things that I’ve had to go through. And there it is I had to show my ID, I had to show the deed, and then I had to show them [police] the map at the entrance. Appalling.”

Confrontation

The situation came to a head in April when a neighbor’s son threatened to smash the glass of Mr Cuffy’s vehicle, according to Mr Cuffy. He said the son then jumped into his vehicle and drove towards Mr Cuffy as if to knock him down. The son’s father went to the driver’s side of his son’s vehicle urging him to leave the area. The father then proceeded to apologise to Mr Cuffy for his son’s behaviour, but Mr Cuffy had had enough.

“You created this,” he told the father, referring to his and the other neighbours’ attempts to block Mr Cuffy from moving forward with clearing the legal pathway to his plot. “You created this. You have fed the nonsense to him so you have created this monster, and you will deal with this monster.”

16 Responses to “Black landowner in USVI says White neighbours preventing him access”

  • Not surprised (26/06/2019, 18:16) Like (1) Dislike (5) Reply

    This sounds like that st kitts man at horse path. He
    Want the whole of horse path for himself even though the neighbors brought in the survey and land registry department after he tried to block them out He fighting a losing battle. His neighbour will NEVER give up.

  • Guest (26/06/2019, 18:45) Like (30) Dislike (10) Reply

    Dude stand your ground, these honkies turn their countries into sh*tholes then want to come to the Caribbean and dictate. You need to better identify who they are so we locals know. They think only they know how to make people miserable.

  • Hitler (26/06/2019, 19:57) Like (40) Dislike (2) Reply
    Instill Fear on them. If no justice is in your favor, just bring all your Boys and cook, drink and party on your property every Sunday. Cut down unwanted trees and let and build a ghetto shack very close the boundary. Remember don't talk or listen to none of them just play selfish... However for security reason always have a companion as a support.
  • fact (26/06/2019, 20:33) Like (1) Dislike (4) Reply

    just like us here with the racist BVI Beak*n girl it happens in st. Thomas

  • lodger (27/06/2019, 02:13) Like (4) Dislike (15) Reply
    Where is the other side of the story?
  • True (27/06/2019, 09:23) Like (8) Dislike (0) Reply
    to cut the road will take no time get a bulldozer and clear the path early am on 4th July so everyone is busy, ill cost more but the finished product ill be priceless
  • Fountain Valley (27/06/2019, 11:05) Like (0) Dislike (0) Reply

    A long time we in the VI aint $%^&* SOME WHITE PEOPLE SO THEY CAN UNDERSTAND....NOT TODAY NOT EVER IN THE VI.

  • Captain (27/06/2019, 11:34) Like (2) Dislike (1) Reply
    Call the police no private citizen can willfully block a public road or pathway.
  • concern (27/06/2019, 11:46) Like (3) Dislike (15) Reply
    Ok, there is always two sides to every story, but why everything has to be racist. Clearly if they are suggesting another road to be cut that means the road that DPNR approved for this man to access his land could be infringing on their privacy and well being. Not condoning behavior of the residents, however did anyone consider that option before painting the picture as black and white?
  • E.Leonard (27/06/2019, 19:41) Like (5) Dislike (0) Reply
    I will take a WAG that a plat, a division of a piece of land, was created and filed(recorded) with the DPNR. Typically, a plat includes a description of the land, roads, boundaries, utilities(water, wastewater, electricity, gas, drainage...etc)........etc. They are usually fashioned into blocks and into lots. Further, plats are vital to ensure (1) property owners don’t trespass on another’s property, (2)that public use remains public, (3) comply with zoning rules and restrictions, (4) proper access for all property owners.........etc. Normally, a subdivision developer install utilities, roads/access, telecommunications lines, right of ways(ROW)......etc. And after the subdivision is at a certain level of development (50/75%, it is turn over to the local government. Curious why the developer didn’t cut the road.

    Don’t know if race is an issue in neighbors trying to restrict/oppose the legal access to Mr. Cuffy’s. However, the VI/USVI are multicultural societies with a majority population of people of African descent. But there seems to be a tendency/trend among people who migrated to the islands to isolate themselves from the majority population. This tendency creates friction, barreling towards two separate societies. The flight from the cities to suburbs and exurb as a result of integration in the US demonstrated that it was a divisive issue. Nevertheless, there is a regentrification migration occuring in many cities; that action too is controversial.
    • Disinterested (28/06/2019, 09:48) Like (6) Dislike (1) Reply
      “However, the VI/USVI are multicultural societies with a majority population of people of African descent. But there seems to be a tendency/trend among people who migrated to the islands to isolate themselves from the majority population.“ You are too politically correct (PC) to call a spade a space. Mr. Cuffy is Black and it is clear as day that is why his White neighbors don’t want him up on the mountain.
    • Diaspora (28/06/2019, 11:33) Like (8) Dislike (2) Reply
      Undoubtedly, the White residents in the Clairmont Community does not want Mr. Bernard Cuffy, a legit property owner, as a neighbor because he is Black. Consequently, they are taking all kinds of frivolous legal procedures, erecting illegal physical barriers and offering even to buy him out. However, Mr. Cuffy is their match; he is fighting back and fighting for his right to be resident in the Clairmount Community. He is representing and is the real deal. Mr. Cuffy don’t let them run you.

      These people bring dem damn nasty racist and discriminatory attitude and behaviour to the islands from the mainland and elsewhere. We are responsible for giving them comfort to demonstrate their nasty behaviour. We put them on pedestals and make them feel like they superior to the majority Black population. We must look in the mirror for their barefaceness and the audacity to come the islands, bringing their nasty behavior and attitude. They enjoy living in the tropical paradise but not among the majority Black population. With their bad attitude, they need to scatter their asses and go hide under the rock from under which they came. Here is a news flash. It is happening in Cruz, Water Island, St. John and St. Thomas but is happening in the VI (British) too. At the current pace, Blacks will soon be second class citizens in both VI, USVI, along with other regional countries. He who owns the land and other capital fun things. With all the dog whistling from the current administration, the racists are crawling out their holes and feeling emboldened. Fellow Virgin Islanders, be proud of your heritage and protect what your ancestors expended blood, sweat and tears for.
  • Really? (27/06/2019, 20:57) Like (3) Dislike (2) Reply
    Why does the race even have to mentioned. White people may treat other white people in a bad way and black people also fight amongst themselves. This sort of story just heightens racial tension without a full story and completely unnecessarily. Shame.
  • choice (28/06/2019, 10:06) Like (0) Dislike (6) Reply
    Why can’t the people live where they want to live surrounded by people of their own kind. If they want to live in Fedricksted or East End and others want to live in Christiansted or West End, what is the problem? It is not about race but about choice. People are different.


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