Case name: Michael T. Findlay (Duly appointed
attorney on record for Muriel Findlay
Small v Elroy Arthur
[High Court Civil Appeal No. 17 of 2010]

Date: Tuesday, 18th
September 2012

Coram: The Hon. Mr. Davidson K. Baptiste, Justice of
Appeal
The Hon. Mde. Louise Blenman, Justice of
Appeal
The Hon. Mr. Don Mitchell, Justice of Appeal
[Ag.]

Appearances:
Appellant: Mr. R. Andrew Cummings, QC with him Ms.
Annique Cummings

Respondent: Mr. Carlyle Dougan, QC
Issue: Application for possessory title
Result / Order: [Oral delivery]
1. The appeal is allowed and the decision of the
learned trial judge set aside.
2. The appellant/applicant is awarded costs
being 2/3 of what was awarded in the court
below 36

Reason: The learned trial judge erred in construing and
applying the law as to adverse possession as
defined in Section 2 of the Possessory Titles
Act 2004 of Saint Vincent and the Grenadines.
Section 2 provides that adverse possession
means factual possession of an exclusive and
undisturbed nature of the piece or parcel of
land in Saint Vincent and the Grenadines for a
continuous period of 12 years or more
accompanied by the requisite intention to
possess the said land as owner thereof. This
section requires a coincidence of factual
possession and intention to possess. While
factual possession started in 1993 it is clear
that the trial judge found that the intention to
possess was manifested in 2003. It became
clear then that the 12-year period for adverse
possession would crystallize in the year 2015.
The applicant therefore had not satisfied the
criteria of the Possessory Titles Act 2004 to
obtain adverse possession.