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Land registry report highlights right of way concerns

- Tighter regulations & enforcement for land development encouraged
The 2011 Annual Report of the Land Registry Department highlighted several concerns regarding the right of way of property owners. The report recommended tighter regulations and stricter enforcement. Photo: VINO
ROAD TOWN, Tortola, VI – Unlawful building and other developments in rights of way are of particular concern according to the Land Registry’s 2011 Annual Report.

The report was laid in the House of Assembly by Minister for Natural Resources and Labour, Hon. Kedrick D. Pickering on April 4, 2013.

Though the report stated that the matters were ultimately meant to be addressed in a structured way by relevant agencies, the Land Registry aimed to pinpoint indicators that arose.

According to the report, there appears to be a cavity in the system of monitoring and enforcing development guidelines and approved developments on the ground. Particular emphasis, it added, needed to be placed on excavation and construction projects Territory-wide.

The report found that it may become necessary to have a signed surveyor’s certificate to confirm that the positioning of a foundation, and the intended site for an excavation is within the boundaries of the subject parcel and the envelope approved for development.

It was recommended that this be combined with enforcement and monitoring.

At least two instances were cited in the report that referred to the obstruction of a right of way due to a neighbouring lot encumbering free movement in some form or the other.

In one instance, the Land Registry’s assistance was solicited to settle a dispute between neighbours who were said to be at loggerheads over the use of a right of way cut on one of the neighbour’s property.

The right of way reportedly provided the only access to both lots.

The findings of the boundary investigation done by the Land Registry, revealed that resolution might only have been possible through protracted and costly litigation. Findings of the research indicated that the first developer neglected to follow the subdivision plan.

According to the report, “It is not the remit of the Land Registry to report the sentimental aspect of disputes, but we would be remiss if soundings from these cases were not addressed so that the adverse effects on the community would be remedied.”

The report further informed that parties in the instance highlighted above were counselled as to their rights and pointed toward considerations which might have resulted in a resolution; however, the attitudes and subsequent reports regarding the case, signalled that the prospects were bleak in achieving this.

The Chief Registrar of Lands is Erica Smith-Penn.

7 Responses to “Land registry report highlights right of way concerns ”

  • Eagle (10/04/2013, 18:50) Like (1) Dislike (0) Reply
    Some of the roads leading to some of the property are scary. Steep roads with sharp turns.
    • qc (11/04/2013, 01:30) Like (0) Dislike (0) Reply
      God is the Creator of Good and Evil...and of the lands we will go and left behind!
  • . (10/04/2013, 19:19) Like (3) Dislike (0) Reply

    No $hit, Sherlock. Only now they realize this? Seriously, is this even news? Is there anyone in the BVI that doesn't know more than one case where some j@ck@$$ over-build his lot and either block the right of way or push the right of way onto his neighbor lot?

    Why in hell does town planning not enforce the development plans they approve? It is getting to be like a joke now, you just build on someone place or in the right of way how you want because the worst could happen is you might have to pay a little something for the land you stole.

  • tt (10/04/2013, 20:12) Like (0) Dislike (0) Reply
    Gggggggg land is presious
  • Welsa (11/04/2013, 08:47) Like (1) Dislike (0) Reply

    Oh please, Land Registry does their share in contributing to the land problems in this Territory! Until we fix the problems in the department we will continue to have these issues.

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