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Many VIslanders lost their land through law loopholes- Doug Wheatley

Talk show host Mr Doug Wheatley said the acquisition through prescription law ‘is a privilege that is being abused and that law should have been changed a long time ago.’ Photo: VINO/File
According to Doug Wheatley, many Virgin Islanders lost their land through law loopholes. Photo: Internet Source
According to Doug Wheatley, many Virgin Islanders lost their land through law loopholes. Photo: Internet Source
ROAD TOWN, Tortola, VI- Calling it “unfair”, host of the 3D Show on ZBVI 780 AM, Doug Wheatley has questioned whether the Legislative Council/House of Assembly, which is responsible for enacting laws, did their jobs when many Virgin Islanders lost their properties through the acquisition of land by prescription as well as their foreclosed properties being acquired by persons without a Non-Belongers Land Holding License (NBLHL) also known as Alien Land Holding license.

Mr Wheatley was speaking on his 90-minute show on Friday February 24, 2017. According to him, the issue was brought to his attention recently by a gentleman and he wanted to bring it to the fore.

“Now one would ask what is the purpose of the Legislative Council? What is the purpose of the House of Assembly? The Legislative Council is to legislate, to make laws, for the good governance of the BVI, the House of Assembly, the same thing, to make laws. So if we have 13 persons now and we had 9 persons in the Legislative Council, were they really doing their jobs when they allowed such laws to persist for such a long time and for so many people to lose their land?” he asked.

“Maybe they were concerned with other things, but those other things, were they as important as the land ownership in the Virgin Islands? I will just leave that as a question.”

How many look for their land information in the papers?

Wheatley continued that the law states that if someone occupies your property for a period of about 20 years and they have been undisturbed then at the end of that period they can make an application for ownership by prescription. A notice is put in the newspaper for a period of time and it is also placed in the gazette.

“And if there is no challenge, in the newspaper, in the gazette, then the registrar will go ahead and approve the acquisition by prescription,” he noted.

Wheatley said the gentleman questioned how many people read the gazette or go through the newspaper looking at the notices to see if there is something there about their land?

“Almost nil. They don’t look at it. I mean they may read it but they are not going to look for anything like that because why should they be looking? And in the meantime, those persons who want to acquire that land they acquire it by prescription and that has been happening quite a lot in this territory and a lot of persons have been losing their land.”

Situation unfair

He pointed out, for example, persons who own land here and live somewhere else, maybe in the USVI, Puerto Rico, or in the US, may not see the newspaper and challenge what is being done to them.

“It is a very unfair situation,” he concluded.

Foreclosed properties sold to anyone without license

“And the other thing that was unfair was when it was for persons whose properties were being foreclosed, to lose those properties because anyone was able to buy those properties without having an Alien Land Holding License and that was only changed in the last 5 years or something like that and many, many persons lost their lands like that and of course many lost their land through prescription,” he bemoaned.

According to him, with regards to the foreclosed properties being acquired by persons without a Non-Belongers Land Holding License (NBLHL), he said it was always the law for those not from the territory to possess the said license but there was an exception for foreclosed properties.

It has since been plugged and everyone now requires the license.

He said there have been many talks for a land bank over the years and it would have been ideal for those who ran into trouble with their properties, they would have been helped and able to reacquire their properties once more.

“I know there were persons who lost their land and other persons were able to purchase them. That was a terrible situation, but that has been corrected now.”

On the issue of acquisition through prescription, which is still in effect, Wheatley said: “That is a privilege that is being abused and that law should have been changed a long time ago as well.”

11 Responses to “Many VIslanders lost their land through law loopholes- Doug Wheatley”

  • cay (25/02/2017, 13:21) Like (1) Dislike (0) Reply
    More talk nothing will happen
  • wize up (25/02/2017, 13:50) Like (9) Dislike (1) Reply
    at the end of the day it is our own people that contribute to our hardships in this territory: you will quicker see our elected members take a bill to the house of assembly that protects foreign enterprises than try to assist us who voted for them: I personally think a bill which grants home owners 2 years grace period before the bank sells their property should be brought to the house of assembly(wishful thinking on my part)..some of us do not have that briefcase fill with Benjamin Frankly to offer the politician SO they have no time to waste with us(it is only during an election year the politicians care about local folks) man dem through & though your neighbourhood:
    • True (25/02/2017, 23:28) Like (3) Dislike (0) Reply
      Why should anyone including a bank have to wait 2 years to get their money back? If someone owed you $1,000,000.00 and told you that they would pay you but now they want to wait 2 years before paying you back would you agree, do you understand the amount of interest that would accrue on the debt, nearly $1/4 mil.

      A land bank only works for land not people who choose to build too big a house that they can ill afford and then want to cry when it's taken from them, Build and live within your means not your neighbours.
      • wize up (26/02/2017, 12:39) Like (1) Dislike (1) Reply
        @ true: the 2 years was simply an example: I know of persons that paid the bank on time for many years then encountered financial problems during the last stages and their property was sold for the few dollars the person was in default: are you saying nothing should be done by our legislature to help the people NOT all of us have rich white friends like you so(you keep the faith)
  • no justice (25/02/2017, 16:32) Like (2) Dislike (2) Reply
    What would you expect from an NDP team playing catch up and for self?
  • chad (25/02/2017, 16:58) Like (2) Dislike (1) Reply
    doug on the same page with fraser?
  • croney (25/02/2017, 18:50) Like (0) Dislike (2) Reply
    Wize Up i agree with you, i think soon the BVI will have a ton of citizen without any place to live. With 1/4 acre of land selling at $80.000, i do not see the ordinary family able to purchase land in the future.
    Someone paying mortgage at $5000-$10.000 per month is completely beyond normal reach for a working family. The land and home owners market is designed in such a way to sideline the local buyers. Soon Islanders may have to poorer countries to live while the rich white folks own the homes and land and lock us out of the beaches.
    Take a close look, this country is slowly turning its citizens into paupers.
    • wize up (26/02/2017, 12:51) Like (0) Dislike (0) Reply
      @ croney....It have worst to get up in this territory because our leaders turn a blind eye and knows fully well what is going on: a number of our leaders swings deals at those private parties such deals sees some of them getting kickbacks: once your political leaders done pocket the few dollars from the white folks there is nothing they can do to help us(so our political leaders can not stand up in the house and pass laws which will restrict certain behaviour in the BVI because most of them have been brought and most of them have been sold.....run talk that!!!!)
  • Lilly (25/02/2017, 23:53) Like (1) Dislike (0) Reply
    Douggie, it is indeed true. In carrot bay some people robbed my cousin and uncle out of their inheritance. One if the ladies lives on one of the U S virgin islands for decades but she claimed to have been occupying land which she was not occupying and again because if an oversight the property was reregistered. I want to know if the registrar don't need proof of residence etc
  • To Doug (26/02/2017, 16:53) Like (0) Dislike (0) Reply
    and there is no knock on the government door at 4am for you will find your Cuz Orlando fast asleep
  • poor man (26/02/2017, 21:05) Like (0) Dislike (0) Reply
    Its interesting that so much of us don't see it for what it is, JUST TALK, Doug is just like his son who killed the VIP he doesn't have the resources at this time so this argument has no merit.


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