A matter of land, and alleged fraud

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.