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Land acquisition by prescription is 'highway robbery'- Hon Fraser

- calls on HoA to draft bill & 'get rid' of system
Senior Opposition Member, Hon Julian Fraser RA (R3) has called for the House of Assembly (HoA), with the help of the Attorney General, to get rid of 'Land Acquisition by Prescription' from the Virgin Islands, calling the system a legal form of highway robbery. Photo: VINO/File
Hon Julian Fraser RA said Land Acquisition by Prescription in the Virgin Islands is like highway robbery. Photo: VINO/File
Hon Julian Fraser RA said Land Acquisition by Prescription in the Virgin Islands is like highway robbery. Photo: VINO/File
DUFF'S BOTTOM, Tortola, VI - Senior Opposition Member, Hon Julian Fraser RA (R3) has called for the House of Assembly (HoA), with the help of the Attorney General, to get rid of 'Land Acquisition by Prescription' from the Virgin Islands, calling the system a legal form of highway robbery.

"I think it's the biggest form of highway robbery that is legal. Here's a guy, he's probably sitting somewhere in Texas... with 40 acres of land in the Virgin Islands and someone decided they want it or portions of it... and they go to land registry and file ownership by prescription," he said.

Hon Fraser was at the time speaking at the 13th Sitting of the Second Session of the Fourth House Of Assembly on July 27, 2020 during the debate on the Motion for VI's constitutional reform.

Notices are published first 

According to Hon Fraser, the Registrar of Land will send out a notice, "which before it leaves his office, it comes back because he ain't got no address on you [land owner]."

He said other options of filing notice, is in the daily newspaper such as on an obscure page in small print.

"The only person who would see that is the man who is looking for your land by prescription because he's looking for it."  

Mr Fraser said after the notice is published twice without a response, the land would be up for grabs.

Constitution must protect those with ancestral ties - Hon Fraser 

"The poor guy in Texas, where is he going to see the Beacon or the Island Sun? Even the Guy here in Tortola don't see those things... next thing you know your land is gone.

"It is the highest form of highway robbery that is legal, it is wrong... and if there are no newspapers, you can publish the notice on a tree," Mr Fraser noted.

He called for the reformed constitution to be able to address those issues, and protect people with ancestorial tires to the Territory living abroad, such as landowners.

19 Responses to “Land acquisition by prescription is 'highway robbery'- Hon Fraser”

  • Really? (05/08/2020, 08:19) Like (2) Dislike (4) Reply

    Doesn’t the guy in Texas pay land taxes to IR? Would he not know that his land was taken by prescription? And when he finds out, tell me please what is the recourse Mr. Premier of the BVI / Finance Minister.

    A lot of BS! Eh?

    Mr. Premier of the BVI / Finance Minister, there are a lot of work to be done. What else is wrong?
  • Honesty (05/08/2020, 08:31) Like (17) Dislike (1) Reply
    I agree with Mr. Fraser on this because I am victim of that same thing I would be happy if I can get my property back from the people that living comfortable on what don't belong to them. If you trick someone to get their property it really don't belong to you on the scale of a false balance youy are guilty of trickery/scamming
  • Nice one. (05/08/2020, 08:34) Like (5) Dislike (5) Reply
    Now really!!! Has this ever happened? I don't hear anyone complaining. It would have strengthened his argument if the legislator were to cite a few examples. If the BVI Landowner sitting in Texas was paying his land taxes on the BVI property ( assuming he up to date in Texas), he would have a good case to recover from the so called "robbery" don't you think?
    • tretretrete (05/08/2020, 23:31) Like (2) Dislike (0) Reply
      Frazer is right.....This Sh**t must stop
      .Too much people doing this....and the sad part is that people got their old parents that should be praying out their lying
      Let me see them take this land to their grave


  • Land owner (05/08/2020, 09:15) Like (9) Dislike (2) Reply
    yes fraser state what is right it is time somebody see what is going on and speak about it boy you is going to be the next premier of this place only you seeing all the wrongs which is going on here andrew better work with you to help bring his agenda forward his team is fresh amd young but they are doing a good job so far fraser continue to look out for the people of this country you are a good man God is blessing you and no one can bring you down what the Lord does not want andles cannot carry
  • Millenia (05/08/2020, 09:40) Like (8) Dislike (8) Reply
    Prescription of land, easements and rights of way is a 1000 year old common law that applies in the BVI. The squatter must physically occupy the land continuously for 12 years and advertise his/her intention to take ownership of the land by prescription every year. If there are no challenges to the advertisements after 12 years then its time to apply to the Land Registry for ownership of that particular parcel, easement or right of way. Why does Fraser have a problem with this time tested procedure?
    • lollll (05/08/2020, 10:23) Like (3) Dislike (2) Reply

      1000 year common law in BVI and BVI discovered by Columbus in 1492 for propety of Spain. Jokes ...
      • To Lollll (05/08/2020, 11:59) Like (3) Dislike (1) Reply
        1000 year common law that APPLIES in the BVI. Not being used in the BVI for 1000 years. Read and comprehend. Schools really need to be opened AND FAST
    • Geez (05/08/2020, 23:38) Like (3) Dislike (0) Reply
      Because it is wrong
      But only when it happens to you or yours you would know how painful it is.....It is plain out ROBBERY




  • Due Diligence (05/08/2020, 10:06) Like (7) Dislike (0) Reply
    Land Registry should implement due diligence procedures to ensure they have an updated address of the land owner each year including upon payment of land tax with infractions such as penalties resulting should the requisite information not be submitted within the required timeframe.
    • concerned citizen (06/08/2020, 06:51) Like (1) Dislike (1) Reply
      There is corruption happening in Land Registry right now regarding this matter. They are at fault and do not wish to do a boundary declaration even though we have all the proof that acres of land were wrongly extracted from our property by another family member. The documents are all mixed up and the math does not work out why the other person has more land than they should. I agree prescription and squatters rights should not be allowed when a person has the original deed to their land and there is no executed transfer of land in part or whole to a family member or otherwise from the original owner. What is worse you find out many years later that your land has been wrongful taken. Why? 1 Way- Because proof of signature (by a notary) during a survey is not done here and you found out someone else has signed on the dotted line as you to take your land while you are away. And to date our Royal Police Force has not investigated your claims of fraud. 2nd Way- In the past you had a family member register your land to be found out over 40years later by a younger family member, this fraudster relative took a piece of land out for him or herself when the Cadastral survey was done without the ORIGINAL owner's consent and now you have hell to rectify it with Land Registry. Which again is Land Registry's fault since documents were filed with them that the original owner owned the land in absolute and the land should never have been extracted in the first place.
  • Really (05/08/2020, 10:11) Like (0) Dislike (0) Reply
    What about Potters in Anegada, I believe that is crown land.
    • Yes (05/08/2020, 11:26) Like (0) Dislike (0) Reply

      and LiL Bit Chill Station is also on Crown Land at the side of the road so no one bothering him, 

  • thank you (05/08/2020, 12:59) Like (5) Dislike (0) Reply
    Thanks for raising this issue. People come forward to say they occupied land for 20 years or more without any interference. Some of them go to say that they tie them sheep, goat and cow on the people land and planted the mango tree on it. then they get 2 people to agree with them through affidavit. Sometimes the actual owner is dead or overseas for years. Yes, property tax is getting paid, but no matter who pays it, the receipt will always be in the name of the owner. The notices goes out in 2 issues of the local newspaper which nobody don't buy anymore, much less the owner overseas. Leave people ting alone. The land aint yours so what you want it for. Greed
  • seeka bay (05/08/2020, 14:50) Like (1) Dislike (0) Reply
    fraser issa visionary
  • Gina (05/08/2020, 15:57) Like (5) Dislike (0) Reply
    I know someone here in Tortola who stole a piece of land from a family just that way. The mistake the poor family made was allowing this mean old hateful person to use their land, and got people to say they were there for 20 years or more. The poor Land Owner lost and it bothered them so much, they had a stroke because this was land they wanted to pass down to their children and grand children. This mean old snake in the grass was laughing the owner got sick, with no remorse at all. This same retched person has their own family land too, so it was greed that made them do it. People, I am telling you to check on your property regularly and make the person using your land pay a rent, even if it is $10 a month, because this should never be allowed. Government should never allow this to happen to anyone.
  • But (05/08/2020, 16:58) Like (4) Dislike (1) Reply
    But is it not we own distance family members doing it to we own self..some them big in politics dead and gone leave it now the deed of it haunting who they leave it for.lol
  • bvi (06/08/2020, 00:01) Like (3) Dislike (0) Reply
    Fraser is right. Bvislanders in general need to wake up.
    1. Charge five cents rent if you want land owner and give a receipt because plenty people come BVI with plans.
    2. If selling, sell to your own dont go bawling later that the tricky people stop takling to you as soon as you sell them land.
    3. local women and men Stop putting new partner and spouse name on what they meet you with- acquire new land together and build and pay for house together.
    4. Finally it have some people with land who one child of many want it all even after getting and getting financial help with everything from business to house to vehicles and the parents so schupid a lil sweet talk from the selfish child change everything. Especially them greedy children who help repair Irma damaged houses in exchange for getting them name on the land.
    PEOPLE WAKEUP.


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