Selwyn St. Hillaire, Guildford St. Hillaire and Selwyn St. Hillaire v Ronol Marks
| Jurisdiction | St Vincent and the Grenadines |
| Judge | Henry, J. |
| Judgment Date | 02 May 2018 |
| Neutral Citation | VC 2018 HC 23 |
| Docket Number | SVGHCV2011/0339 |
| Court | High Court (Saint Vincent) |
| Date | 02 May 2018 |
High Court
Henry, J.
SVGHCV2011/0339
Mr. Joseph Delves for the claimants.
Mr. Ronald Marks and Mrs. Patricia Marks-Minors for the defendant.
Real property - Ownership — Determination of owner of disputed property — Trespass.
HENRY, J.: This case involves a disagreement over the ownership of a relatively small portion of land situated at Hamilton, Bequia (the disputed land’) which is registered in the name of Clara St. 1 Hillaire deceased by Deed of Assent and in the name of Ronol Marks by Deed of Gift. Clara St. Hillaire's sons Selwyn and Guildford St. Hillaire were appointed joint administrators of her estate. They brought this action against Ronol Marks as administrators. Mr. Selwyn St. Hillaire joined in the claim in his personal capacity as beneficiary of Clara St. Hillaire's estate. They allege that Mr. Marks has trespassed on the disputed land, fenced it and has claimed it as his own. Mr. Selwyn St. Hillaire was the main witness for the St. Hillaires. Very little reference will be made to Mr. Guildford St. Hillaire.
Mr. Marks alleged that his father Frederick Marks purchased the disputed land from Clara St. Hillaire in 1908 and has been in lawful occupation since then. He claimed that his father transferred the property to him by deed. Mr. Selwyn St. Hillaire contended that Mr. Marks has trespassed onto the land and occupies it illegally. He seeks a declaration that the Deed of Gift conveys no title and that the land vests in the administrators of his mother's estate for the benefit of the beneficiaries. He also seeks an injunction to prevent further trespass, damages for trespass and costs.
Determination of ownership rests largely on the credibility of the witnesses and the resolution of legal points of law. I have found that the disputed property is owned by Clara St. Hillaire's estate.
The issues are:
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1. Who owns the disputed property?
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2. Whether Mr. Ronol Marks trespassed onto the disputed property?
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3. To what remedies is the adjudged owner entitled?
Mr. Selwyn St. Hillaire and Ronol Marks are natives of Bequia. They live in the United States of America. Mr. Marks has been living in the United States of America for the past 29 years. Under cross-examination Mr. Selwyn St. Hillaire admitted that he has lived in the United States for the last 55 years, visited Bequia in 1969 and 1970 and did not visit again for another 35 years. He stated that he visits Saint Vincent and the Grenadines frequently and has done so every year except 2006, 2009 and 2010.
Mr. St. Hillaire testified that his mother Clara St. Hillaire owned roughly one acre of land at Happy Valley, Hamilton Bequia. He produced a copy of Deed of Assent No. 200 of 1969 [By which the property was purportedly conveyed to Mrs. St. Hillaire as administrator of her deceased husband's estate during the process of administration] which reflects that the legal estate of one acre of land situate at ‘The Point’ of ‘Happy Calley’ (sic) is vested in Clara St. Hillaire [See Schedule One]. He asserted that he and Guildford St. Hillaire are entitled to the legal estate in fee simple of that land. He produced a certified copy of the grant of Letters of Administration No. 35 of 2010, by which they were constituted administrators. I accept that they were so appointed
Mr. St. Hillaire explained that portions of the land were sold over the years by his mother and later by his brother Guildford and him as administrators of her estate. He said that they could find a deed for every other piece of land except the one in dispute. He testified that they caused a survey to be conducted in respect of that unsold portion in November 2008. Mr. Marks admitted that the referenced survey was commissioned by Mr. Selwyn St. Hillaire.
The resulting survey plan numbered Gr12/79, revealed that the parcel of land comprises 3255 square feet. At first, Mr. Marks said that he never had the land surveyed himself, but he subsequently said that he had his own plan drawn. In any event, the only survey plan before the court is the referenced one numbered Gr12/79.
It is common ground that this is the disputed parcel of land, that it is adjacent to the beach and contains a number of fruit trees. Mr. St. Hillaire recollected that his family had a lime tree, and mango tree and 4 coconut trees on the disputed land and that this did not change over the years. Mr. Marks and his siblings claim that their father planted several fruit trees on it after buying it in 1980.
Mr. Selwyn St. Hillaire testified that he travelled to Bequia around Easter time in 2008 and noticed for the first time that the disputed land had been fenced. He said that the fencing material consisted partly of barbed wire and partly of galvanize. He claimed that he pulled down a part of it, but was unable to dismantle the rest because he did not have the proper tools.
He explained that on a previous occasion in 2005 when he visited the land, it was normal as when he grew up and he saw nothing there. He accepted that Frederick Marks had erected the fence but denied that it was on the property since the 1980s. He explained that because of the ongoing litigation, he did not take it down.
He later acknowledged that there were two boats on the land, one of which belonged to a Harris and the other belonging to one Christopher. However, he denied that it contained boats belonging to the Marks' family. He explained that as a result of his observations, he made inquiries and based on his findings, he visited Mr. Frederick Marks and his wife Mrs. ‘Ally’ Marks.
Mr. St. Hillaire said that when he went to their home, their son Ryan was present. He recalled asking them why they had fenced the land. According to him, Mr. Frederick Marks said nothing, however, his wife responded that they had bought the land from his mother Clara. Mr. St. Hillaire said that he asked them to show him a receipt or deed and they could not. He said that he also told them that if they had such a receipt he would pay them back the money they had paid for the land. He claimed that he then told them that he could not allow them to steal his family's property.
Ryan Marks and Ronol Marks testified that Selwyn St. Hillaire attempted to buy the land back from their father. Mr. St. Hillaire explained that in a sense he offered to purchase it from them. He said that he told Mr. and Mrs. Marks that it would be fine with him if they could show him a receipt or deed for the land, and in such a case he would be willing to pay them back the money they paid. He pointed out that his offer was made within the context of that conversation. Mr. Ronol Marks argued that the offer of $400.00 in 2008 for a piece of land purchased in 1980 could hardly have been an appealing offer and it was therefore refused.
Mr. St. Hillaire recalled that Ryan Marks told his parents that they were wrong, and that if they do not have a deed, they do not own the land. Mr. St. Hillaire explained that he found the entire situation strange and he caused a search to be conducted at the Registry of Title Deeds where he discovered that no deed was registered transferring title from Clara St. Hillaire to the Markses. Mr. St Hillaire said that he learnt subsequently that Mr. Frederick Marks purported to transfer title of the subject land to Ronol Marks by Deed of Gift 1094 of 2009.
Ryan Marks admitted that he was present when Mr. St. Hillaire visited his parents. He explained that he was not there when Mr. St. Hillaire arrived. He said that Mr. St. Hillaire did not ask his parents if they fenced the land and why they did so. He later said that if Mr. St. Hillaire asked that question, he was not present then. He also denied knowledge of a conversation in which he told his parents that if they bought the land and did not have a deed or receipt they are wrong. He was adamant that he could not recall this.
Mr. St. Hillaire testified further that Mr. Ronol Marks is committing and continues to commit trespass over the disputed land causing loss and damage to the estate's interest and him as beneficiary of his mother's estate. He explained that Mr. Marks has repeatedly hindered and continues to hinder them from peaceably and quietly possessing and enjoying the said property. He accused Mr. Ronol Marks of barricading it and preventing him and his siblings from entering it.
For his part, Mr. Ronol Marks testified that he left Bequia in 1989 at the age of 18 years of age. He recalled that by then, his father had bought the disputed property and taken possession of it. He said that this happened in 1980, roughly 9 years before he migrated. He indicated that he was not present when anything was being negotiated and that he never heard his parents in any conversation with Mrs. Clara St. Hillaire. He maintained that his family has been in possession of the disputed land since 1980 when it was bought by his father.
His brother Ryan Marks and sister Brenda Preddie testified to similar effect. They recounted that their father planted fruit trees on the disputed land including mango, lime, coconut, banana and breadfruit. They deposed that he also stored his boats there and treated the land as his own right up to his death. Mrs. Preddie said that the land has more trees on it now than in 1980 when it was bought. Mr. St. Hillaire was not asked about this.
Messrs. Ronol and Ryan Marks and Ms. Preddie insisted that Mrs. St. Hillaire never questioned their father's occupation of the land and never tried to stop him from using it. They claimed that she also stopped using it from the date of the sale.
Ronol Marks said that his father intended to gift his interest in the land to him (Ronol Marks) and did...
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