Adverse possession

[Rex McKay]

1. In June 1977 the state acquired lands by compulsory acquisition for a public purpose and went into possession of the lands.
2. In May 1989 (before the statutory period of 12 years had expired) the Landowner filed a Constitutional motion to set aside the said acquisition.
3. In May 1990 a judge of the High Court set aside the said acquisition and declared that it was made “contrary to the Acquisition Act and is unconstitutional” The judgment was upheld on appeal.
4. In March 1995, the Court of Appeal upheld the said judgment: No order was made by the judge or the Court of Appeal that the acquisition was Null or Void ab initio.
5. In new proceedings filed it is contended for the state that the judge’s decision related back to June, 1977 when the acquisition order was made and since the state was in possession of the lands from June, 1977, they were trespassers and were in adverse possession of the lands for the statutory period of twelve years which extinguished the landowner’s title.
6. QUESTIONS:
(i) Was the state on the above facts in adverse possession as claimed?
(ii) Can the state on the above facts claim to acquire title by prescription?
(iii) Did the legal proceedings filed in March 1989 by the landowner prevented time from running against the land owner.

usually any court proceeding will toll any such claim

i.e. you cannot claim the time as adverse while a proceeding is filed

is it your land?

[Rex McKay]

No, I am a pro bono lawyer in the case.

[randalljd]

Where is this matter and what is the status as of today?

[Rex McKay]

This matter is in Guyana, South America, common law jurisdiction. It is on Appeal.