By Fay Simmons

Tribune Business Reporter

jsimmons@tribunemedia.net

Prime Minister Philip Davis said land reform bills passed yesterday will restore confidence in the country’s land registration system, expedite property sales and settle long-standing property disputes.

Speaking in Parliament yesterday, Mr Davis said land reform is the “next frontier” of reform that the country “desperately needs” to fix the outdated and broken system.

“We have developed and introduced two comprehensive land reform Bills, instilling much-needed confidence in our land registration system for the many Bahamians who need security in knowing the official records grant them undeniable rights of ownership. At the end of this reform process, due to the clarity provided, mortgages and property sales will be processed faster. Developments can move forward with certainty instead of confusion,” said Mr Davis.

“Parents and grandparents can confidently pass land on to their progeny without worry that it will slip away or be snatched away. And inheritance disputes can finally be resolved in a way that honours the facts, the historical records, and the rights of all parties. For the many Bahamians who have struggled for years with ongoing, seemingly never-ending land disputes, this is a big deal. These Bills represent light at the end of the tunnel and a possible solution to years of headaches and heartaches.”

He said the “outdated system has impeded progress” for far too long and explained that with the passage of the Land Adjudication Bill the minister responsible would be able to declare adjudication areas to officially settle any issues with land ownership in their area.

“After an adjudication area is designated, a land adjudicator, who will be a senior lawyer with a minimum of ten years of experience in land law, arrives with a team of local assessors, demarcators, surveyors, and records officers to delineate boundaries, survey the area, and develop a comprehensive understanding of the history of ownership in the area, including all parties who claim to have a right to land ownership,” said Mr Davis.

“All involved parties are then required to file a claim with evidence to support their claim. As a part of this process, the rights of those who are overseas, missing, not yet of age, or otherwise deemed unfit to participate are safeguarded. Additionally, any ongoing court cases are stayed to prevent potential conflict with the adjudication process.”

He said land disputes will be heard by a Land Tribunal, comprised of the adjudicator and two local assessors, who will make a decision.

For property acquisitions, Mr Davis said if an individual or group has maintained and paid taxes on personal property for 12 years they can obtain ownership. Possession must be proved for 30 years to acquire Crown Land and 660 years for beachfront or foreshore property.

“In instances where an individual or group has treated the land as their own, for example, they may have been paying taxes and maintaining it: in most cases, if they have possessed that land for 12 years, they will become owners of the land,” said Mr Davis.

“If it is Crown Land, the period required for ownership is 30 years, and for beachfront or foreshore property, the period increases to 60 years.”

An adjudication record will be issued once ownership of property has been proven or resolved and individuals that disagree with the adjudicator’s decision can appeal to the court.

“At the end of all the reviewing of records, surveying and demarcating, hearing disputes, and determining ownership rights, an adjudication record will be created outlining the owners of the land, the exact specifications of the land they own, what rights they have, the type of title they have – whether it is absolute or provisional – and whether there are any easements or other rights affecting the land,” said Mr Davis.

“Once this process is finalised, it will stand as the official record clarifying all ownership rights within the adjudication area. Anyone who disagrees with the decision is free to make their objection known and notify the adjudicator of their intent to appeal the decision in court. So, the adjudication process does not, in any way, take away a person’s ability to have the courts rule on the matter.”