All Woman
  • Home
  • Relationships
  • Features
  • Fashion & Beauty
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
    • Home
    • Relationships
    • Features
    • Fashion & Beauty
    • Health & Fitness
    • Your Rights
    • Parenting
    • Advice
A matter of land, and alleged fraud
All Woman, All Woman Front Page, Your Rights
 on January 13, 2025

A matter of land, and alleged fraud

Margarette Macaulay 

Dear Mrs Macaulay

I write from the United Kingdom (UK). l was born to Jamaican parents. My father is my late grandfather’s eldest son. My grandfather left a lot of land in St Ann and Trelawny. My father’s brother (there are questions as to whether this brother is even my grandfather’s son) had paperwork which he got my father to sign. It was later discovered that the papers were about my grandfather’s land. My father believed my uncle got him to sign the papers under false pretences.

My uncle has apparently given some land to both his daughters. They were both aware that this was done deceitfully, but are paying taxes on land that in truth does not belong to my uncle or my cousins.

I have other siblings and we all have children and I am not sure how to go about this very messy situation and claim what is legally ours. My father always talked about his father’s land and how much his father wanted to keep the land and any property in the family name.

I would appreciate your thoughts and legal opinion. I would like to know how to go about finding out where the land is, what size, etc, and what can l do from the UK.

 

I have noted the contents of your letter. My immediate reaction to the facts you have stated is that this is a matter which would have to be resolved in a difficult and complex court action.

Then you have the problem of not even knowing where the ‘land’ is situated and it is unclear whether you are referring to one parcel of land or two. You stated that the land is in St Ann and in Trelawny. These are two different parishes. Are you saying that your grandfather had a parcel of land in St Ann and another in Trelawny? Or is your statement based on your lack of knowledge about the ‘land”?

Land ownership disputes can be straightforward when the claimant has all the relevant facts about the disputed land and documents to support the claim. This is not the situation that you are in; you therefore cannot even conceive of commencing any proceedings when you do not even know the correct parish where the land is situated. The search for such a parcel of land would be very protracted, complicated and expensive. In addition, it is clear that you have no documents to assist and/or support your claim. You do not even seem to have a copy of the document purportedly signed by your father, which you assert was done by false pretences. Without having any sight of the document, you seem to have concluded that your uncle (a relationship you also question) acted fraudulently, had your father sign away his interest in the land(s), and that your ‘cousins’, the daughters of your ‘uncle’ were given some parcels of lands by him and are paying the taxes for these lands. You then assert that these daughters are both aware that they got the lands through deceit, without stating the basis of fact on which you base such a conclusion. Such a statement is in law a mere assumption which cannot advance your claim at all without factual proof.

You have not stated when your father signed the document. Time matters when it comes to filing claims in a court of law and if the limitation period has expired, you certainly cannot get past the starting gate in a court action.

In addition, you must find the land or lands and have the full details for a clear identification to put in your claim form for your court action, and you must state the facts and not assumptions on which you rely to substantiate your claim.

To search for the parcels of land, you would need to have someone here assist you with the processes, which as I stated earlier would be costly. The person would have to conduct searches in both parishes you have referred to. They would have to try the parish councils, the survey departments, the land tax offices, the land agency, and registrar of titles office records in both parishes. You must supply the person with the full and correct names of your grandfather, your father, your uncle and his daughters, and any addresses and occupations which you have for any of them. You should, in my view, retain a lawyer to assist you, who can effectively conduct the searches with all the relevant agencies and assess and advise you effectively and professionally. And even if the searches are successful in identifying your grandfather’s erstwhile land(s), they can say whether or not you have sufficient facts/witnesses of fact, to enable you to pursue the matter in court, with an acceptable chance of success.

One important point which you must bear in mind, is that if your father signed a document giving away his interest in the land(s), his signature would bind him unless you can prove that he was actually deceived to append his signature. I assume that he was an adult at the time and he ought to have read or taken the document to a lawyer or other person to read and explain the document before he signed it. If my assumption is correct, the fault lies with him and he is bound by his deed and it can only be overturned by clear and cogent evidence of any fraud or deception.

The decision is yours, but I hope you will think deeply before you commit yourself to such a task of searches and a very, very difficult and costly legal action, which may already be “out of time”.

I hope that I have made the position you are in clear enough for you to accept the difficulties inherent in the position you hold.

All the very best.

 

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

{"xml":"xml"}{"allwoman":"All Woman"}
0 Comments · Make a comment

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy
ALSO ON ALL WOMAN
Amanda Rochester: Honouring her sisters, finding her strength
All Woman, Health
Amanda Rochester: Honouring her sisters, finding her strength
November 18, 2025
Amanda Rochester’s life was busy, fulfilling, and full of love. A dedicated nurse with a deep passion for caring for others, she thrived in her career...
{"allwoman":"All Woman"}
Breast cancer survivor Jean Archer finds strength and purpose in survival
All Woman, Health
Breast cancer survivor Jean Archer finds strength and purpose in survival
November 18, 2025
IN a household in Old Harbour, St Catherine, where community and family are at the heart of everyday life, Jean Archer’s story became the epitome of c...
{"allwoman":"All Woman"}
IMD 2025: Celebrating everyday heroes
All Woman, Features
IMD 2025: Celebrating everyday heroes
ALAISHA THOMAS 
November 17, 2025
INTERNATIONAL Men’s Day (IMD) will be celebrated this Wednesday, November 19, and this is an opportunity to celebrate the men in our lives who strengt...
{"xml":"xml"}{"allwoman":"All Woman"}
When you’ve outgrown HIM
All Woman, Features, Relationships
When you’ve outgrown HIM
Marie BERBICK-BAILEY 
November 17, 2025
LADIES, there comes a moment in your life when you wake up and realise: you’re not the same woman you were when you first said “yes”. You’ve grown — e...
{"xml":"xml"}{"allwoman":"All Woman"}
Child support queries
All Woman, Features, Your Rights
Child support queries
Margarette Macaulay 
November 17, 2025
Dear Mrs Macaulay, I would like to know if I can apply for child support if my baby is in somebody else’s name, or do I have to change his name? I mus...
{"xml":"xml"}{"allwoman":"All Woman"}
Pressured to produce children
Advice, All Woman, Features
Pressured to produce children
Christopher Brodber 
November 17, 2025
Counsellor, My wife and I have been married for six years, and friends and family have been asking when we plan to have kids. The problem is that heal...
{"xml":"xml"}{"allwoman":"All Woman"}
The copper T IUCD: A small device with big protection
All Woman, Health
The copper T IUCD: A small device with big protection
Dr Daryl Daley 
November 16, 2025
WHEN it comes to birth control, there’s one small but mighty option that often flies under the radar — the copper T intrauterine contraceptive device,...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
When the storm hits home: How coach Marcia Skervin is guiding women back to strength, structure and self
Advice, All Woman
When the storm hits home: How coach Marcia Skervin is guiding women back to strength, structure and self
Marie BERBICK-BAILEY 
November 10, 2025
WOMEN, moreso than men, focus on emotional and mental healing and restructuring when a storm of any kind hits. In the wake of Hurricane Melissa, as Ja...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
❮ ❯
Scroll
Polls
Amanda Rochester: Honouring her sisters, finding her strength
All Woman, ...
Amanda Rochester: Honouring her sisters, finding her strength
November 18, 2025
Amanda Rochester’s life was busy, fulfilling, and full of love. A dedicated nurse with a deep passion for caring for others, she thrived in her career...
{"allwoman":"All Woman"}
Breast cancer survivor Jean Archer finds strength and purpose in survival
All Woman, ...
Breast cancer survivor Jean Archer finds strength and purpose in survival
November 18, 2025
IN a household in Old Harbour, St Catherine, where community and family are at the heart of everyday life, Jean Archer’s story became the epitome of c...
{"allwoman":"All Woman"}
IMD 2025: Celebrating everyday heroes
All Woman, ...
IMD 2025: Celebrating everyday heroes
ALAISHA THOMAS 
November 17, 2025
INTERNATIONAL Men’s Day (IMD) will be celebrated this Wednesday, November 19, and this is an opportunity to celebrate the men in our lives who strengt...
{"xml":"xml"}{"allwoman":"All Woman"}
When you’ve outgrown HIM
All Woman, ...
When you’ve outgrown HIM
Marie BERBICK-BAILEY 
November 17, 2025
LADIES, there comes a moment in your life when you wake up and realise: you’re not the same woman you were when you first said “yes”. You’ve grown — e...
{"xml":"xml"}{"allwoman":"All Woman"}
Child support queries
All Woman, ...
Child support queries
Margarette Macaulay 
November 17, 2025
Dear Mrs Macaulay, I would like to know if I can apply for child support if my baby is in somebody else’s name, or do I have to change his name? I mus...
{"xml":"xml"}{"allwoman":"All Woman"}
Archives
Polls
Recent Posts
Amanda Rochester: Honouring her sisters, finding her strength
All Woman, ...
Amanda Rochester: Honouring her sisters, finding her strength
November 18, 2025
Amanda Rochester’s life was busy, fulfilling, and full of love. A dedicated nurse with a deep passion for caring for others, she thrived in her career...
{"allwoman":"All Woman"}
Breast cancer survivor Jean Archer finds strength and purpose in survival
All Woman, ...
Breast cancer survivor Jean Archer finds strength and purpose in survival
November 18, 2025
IN a household in Old Harbour, St Catherine, where community and family are at the heart of everyday life, Jean Archer’s story became the epitome of c...
{"allwoman":"All Woman"}
IMD 2025: Celebrating everyday heroes
All Woman, ...
IMD 2025: Celebrating everyday heroes
ALAISHA THOMAS 
November 17, 2025
INTERNATIONAL Men’s Day (IMD) will be celebrated this Wednesday, November 19, and this is an opportunity to celebrate the men in our lives who strengt...
{"xml":"xml"}{"allwoman":"All Woman"}
When you’ve outgrown HIM
All Woman, ...
When you’ve outgrown HIM
Marie BERBICK-BAILEY 
November 17, 2025
LADIES, there comes a moment in your life when you wake up and realise: you’re not the same woman you were when you first said “yes”. You’ve grown — e...
{"xml":"xml"}{"allwoman":"All Woman"}
Child support queries
All Woman, ...
Child support queries
Margarette Macaulay 
November 17, 2025
Dear Mrs Macaulay, I would like to know if I can apply for child support if my baby is in somebody else’s name, or do I have to change his name? I mus...
{"xml":"xml"}{"allwoman":"All Woman"}
Archives
All Woman
Jamaica Health, Beauty, Weddings &` Motherhood Stories for the Jamaican Woman.
Sections
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
Jamaica Observer, © All Rights Reserved