By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A former Cabinet minister’s estate is locked in a legal battle with a well-known radio talk show host over who is the rightful owner of two lots that are accessed through Gibbs Corner.

A September 28, 2023, ruling by Justice Deborah Fraser reveals the late Bradley Roberts’ family are fighting Steve McKinney, host of the Hard Copy show on Peace 107.5 FM, in an attempt to evict him from properties the latter and his wife claim to have occupied for 20 years.

The verdict reveals that the ex-MP’s wife, Hartlyn Roberts, and his children Obie, Michelle and Nicole, as representatives his estate, initiated legal action against Mr McKinney on January 24 this year “claiming trespass of property” owned by Mr Roberts. That land involves two lots described as being located east of Marcus Bethel Drive in Nassau, with each accessed through Maura Lane and Gibbs Lane.

“According to the Writ, it is alleged that the defendant and his wife were granted permission to occupy the lots by the deceased [Mr Roberts],” Justice Fraser wrote. “However, contrary to a purported agreement between the deceased and the defendant and his wife, the defendant and his wife constructed a parking area, foot paths, a white picket fence, a fruit stand, a chain link fence and a ‘No Trespassing’ sign on the lots.

“It is also alleged that they deny that the deceased owned title to the lots. Despite purported requests to vacate, the defendant and his wife refused to leave and claimed that they have occupied the lots for 20 years.” Mr Roberts’ estate is now seeking a Supreme Court declaration that it is the lots’ rightful owner, the recovery of profits purported to have wrongfully been received by Mr McKinney, the latter’s eviction and an injunction barring him from the properties.

However, Halson Moultrie, the former House of Assembly speaker who is representing Mr McKinney as his attorney, yesterday told Tribune Business his client has “a real good claim” to ownership of the two lots because he has been in uninterrupted possession for two decades.

As a result, he argued the radio talk show host has a possessory title to the property that can “extinguish any legal rights any other person has” and is stronger than someone alleging they have documentary title. Mr Moultrie added that the dispute is “a classic case” for why The Bahamas “urgently need land reform” through the introduction of a registered land system.

“Yes, it is a land dispute with respect to the estate of Bradley Roberts claiming ownership of a piece of land my client has been occupying for more than 20 years,” the former House speaker told this newspaper. “My client’s position is that he is the owner of the land, and that the Gibbs Lane in place now was not on the original map, and that there never was any agreement between himself and the former MP, Bradley Roberts, with respect to use of the land.

“He has been occupying the land uninterrupted for more than 20 years, which in law would diminish or extinguish any legal rights any other person has to that land. They have acquiesced, allowing uninterrupted possession of the land for 20 years. From my perspective, in any event, Mr McKinney has a real good claim and he has possession of the land.

“He has a possessory claim that is much stronger because his possessory claim extinguishes any legal claim of the owner.” Looking at the wider picture, Mr Moultrie added: “This is a classic case, in my estimation, of The Bahamas urgently needing land reform.

“We need land registration so title mirrors the image of the property as opposed to registering title in people’s and companies’ names. We have a circumstance in The Bahamas where multiple persons have recorded titles for the same property. I have a case in Long Island where many persons have claims to the same property, and one of the leading banking institutions has been giving mortgages on the same parcel of land to multiple people. It’s crazy.”

On an issue unrelated to the dispute between Mr Roberts’ estate and Mr McKinney, Mr Moultrie also joined calls for reform of the Quieting Titles Act on the basis that it can “be used as an instrument of fraud” to obtain land via deception. “Somehow or other no administration has been prepared to change it and bring about land registration in our country,” he added. “It’s good for the legal profession because it keeps us busy.”

Justice Fraser’s ruling focused on a preliminary matter, which deals with efforts by the former Bain and Grant’s Town MP’s family to dismiss an “unfiled conditional appearance” submitted on Mr McKinney’s behalf by Mr Moultrie. She found that she need not even consider the matter, as the document was “not properly before the court” due to non-compliance with the judicial system’s Civil Procedure Rules 2022, thus making the Roberts estate’s move “moot”.

Mr Moultrie, though, explained that he had filed a “conditional appearance” to show that Mr McKinney intended to defend the action if the estate provides his correct name. The former Speaker added that his client’s media name was used on the court documents, not the correct one.