Randolph Dyett v Jason Lee et Al

• Jurisdiction: Caribbean States
• Court: Eastern Caribbean Supreme Court
• Judge: Fitzpatrick
• Judgment Date: 23 April 2024
• Judgment citation (vLex): [2024] ECSC J0423-3
• Docket Number: CLAIM NO. MNIHCV2022/0021

Between:

[1] Randolph Dyett

Claimant

and

[1] Jason Lee and

[2] Marise Lee

Defendants

CLAIM NO. MNIHCV2022/0021

THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

Appearances:

Ms. Lovetta Silcott for the Claimant

Jason Lee and Marise Lee, Litigants in Person

RULING

Fitzpatrick [AG.]:

The Court considered the following.

1 The parties have been engaged in an ongoing dispute over the location of the boundary line separating their respective properties.

2 The Claimant initiated his Claim dated September 22, 2022 seeking a determination by this Court of the disputed boundary.

3 The parties entered into a Consent Order before Justice Morley on November 22, 2022 whereby they agreed to string the boundary as it was understood between them and to have that boundary recorded as the official boundary in the Land Registry.

4 Justice Morley was subsequently informed that the boundary dispute between the parties had to be determined by means of a hearing before and decision by the Registrar of Lands pursuant to sections 17 and 18 of the Land Registry Act. Armed with this information, Justice Morley's July 7, 2023 endorsement noted that the extant dispute had to be decided pursuant to the said provisions of the Land Registry Act and adjourned the court matter pending the outcome of the expected hearing before the Registrar of Lands.

5 Sections 17 and 18 of the Land Registry Act provides as follows:

Section 17(2) Where any uncertainty or dispute arises as to the position of any boundary, the Registrar, on the application of any interested party, shall, on such evidence as the Registrar considers relevant, determine and indicate the position of the uncertain or disputed boundary.

Section 17(4) No court shall entertain any action or other proceedings relating to a dispute as to the boundaries of registered land unless the boundaries have been determined as provided in this section.

Section 18(2) The Registrar shall, after giving all persons appearing by the register to be affected an opportunity of being heard, cause to be defined by survey the precise position of the boundaries in question, file a plan containing the necessary particulars and make a note in the register that the boundaries have been fixed, and thereupon shall be deemed to define accurately the boundaries of the parcel.

6 A hearing was conducted before the Registrar of Lands on August 3, 2023 where all parties herein had the...