Stalled by squatters

FALMOUTH, Trelawny — Squatters have taken over hundreds of acres of privately owned land across this parish, with approximately 58 acres of a 147.48-acre property at Flamingo Beach already illegally occupied, threatening to derail a major development for which a plan has been submitted to the Trelawny Municipal Corporation (TMC).

Falmouth Mayor C Junior Gager, who on Thursday raised the alarm during the corporation’s regular monthly meeting, said the growing problem has resulted in the TMC being inundated with complaints from frustrated landowners. “We have had a number of landowners coming to the corporation to report instances where individuals have occupied and begun developing their properties without the owners’ permission,” Gager said. He warned that the scale of the illegal occupation is undermining the development of the parish he described as having significant potential for growth. Gager said the situation at Flamingo Beach was particularly concerning. “There is a submitted plan here for that property that will help to build Trelawny, but we cannot proceed because there is this problem of squatting,” he bemoaned. “Approximately 58 acres of [well-known attorney] Gordon Brown’s property has been illegally occupied,” Gager added. Efforts to get a comment from Brown were unsuccessful as, up to press time he did not return the phone call as promised. Meanwhile, according to the mayor, at another property in Flamingo Beach, 11 acres of a 57.6-acre parcel have also been informally settled. Explaining the extent of the problem, he pointed to Cooper’s Pen in Trelawny — which recently made news headlines following the early-morning demolition of about 20 structures — where approximately 12 acres of the property have been informally occupied. Gager also referenced significant squatting on sections of 344.5 acres of land in an area called Tilston; Hague, where one acre has been informally settled; and Hague Cave Island, where four acres of the property have similarly been occupied. Gager, who is also chairman of the TMC, said squatters are relying on claims of adverse possession which, for privately owned land, is based on undisturbed occupation of at least 12 years.

Falmouth Mayor C Junior Gager speaking during Thursday’s regular monthly meeting of the Trelawny Municipal Corporation. (Photo: Horace Hines)

“Once they get a little cut on it they try to say that they have been there for over 12 years, when in fact they weren’t there,” he said. “We find that the law-abiding citizen who pays their taxes, buy their land for maybe later on in their years when things get bad and they want to protect their future, they are now met with a problem that they might have to... find extra money to take it to the Supreme Court level,” the mayor added. Gager pushed back against criticism of the TMC and the Government over the squatting crisis, insisting that the authorities have been taking steps within their remit. “We must do all that we can and, as the municipality, I must note that we have been serving our notices on those that occupy the lands,” he said, adding that notices have also been served on landowners to facilitate court action. He said the TMC is frequently contacted by property owners seeking help, but its ability to resolve disputes is ultimately limited when matters enter the judicial system. “All we can do sometimes is have a discussion and try to guide them into the right process where they are going,” said Gager. Pointing to the substantial structures being erected in some of the settlements, he questioned whether everyone occupying the properties could legitimately be regarded as people without the means to legitimately acquire property. The mayor said he has seen two- and three-storey houses, split-level structures and buildings apparently configured to accommodate renters and commercial activity. “I can see houses that are really arranged for business, so that renters can accommodate. How can we be so lawless?” he asked. Gager urged politicians, members of the police force, social workers, and ordinary citizens not to facilitate or encourage illegal occupation, warning that continued squatting could tarnish Trelawny’s development prospects. “This cannot continue in a growing parish. The future of this parish is great; let us not mar the beauty of this parish by encouraging squatting,” he urged.