Summary
Phillip may claim adverse possession if he has continuously and exclusively used the land for the statutory period, typically 12 years in the Caribbean. Abrahams license expired in 2009, and his continued use is unauthorized. Jonathon, as the fee simple owner, can reclaim his property but should consider Phillips potential adverse possession claim. Legal advice is recommended for detailed guidance on property reclamation and adverse possession.Full Conversation
Astra
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Jonathon is the fee simple owner of Redland, a large lot in a suburban area. In December *, Phillip, the proprietor of Greenland, an adjacent lot, believing that Redland had been abandoned, started to cultivate tomatoes on a small portion of Redland. In November *, Phillip erected a flimsy make-shift fence around the cultivated portion of Redland to keep out intruders. In January *, Jonathon gave Abraham another neighbouring lot owner, permission to graze his goats on a strip of Redland for two years under a Grazing Agreement. During those years, Abraham erected a wire fence around the strip of Redland on which his goats grazed to keep the goats from roaming.
In the Caribbean legal context, adverse possession and the doctrines of easement and license may apply:
- Phillip: Could potentially claim adverse possession if he has met the statutory period of continuous and exclusive possession.
- Abraham: Had a license that expired. Continued use without permission could be challenged by Jonathon.
- Jonathon: As the fee simple owner, has the right to reclaim his property but should consider the periods of use by Phillip and Abraham.
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The strip was enclosed at each end by padlocked gates for which only Abraham had keys. When the permission to graze under the Grazing Agreement expired in *, Abraham sought to renew the permission to graze with Jonathon. Jonathon refused, saying he intended to start building on Redland in the near future. Abraham, nevertheless, continued to graze his goats on Redland without disturbance from Jonathon until October *. In October *, Jonathon gave both Phillip and Abraham notice to vacate the portions of the Redland being used by them and threatened legal proceedings if the notices were not complied with. Advise the parties according to the Caribbean legal context.
Legal Advice:
- Phillip:
- *Adverse Possession*: Phillip may claim adverse possession if he has used the land continuously and exclusively for the statutory period (usually 12 years in many Caribbean jurisdictions).
- Abraham:
- *License*: Abraham's license to graze expired in *. His continued use without permission is unauthorized, and he may not have a strong legal claim.
- Jonathon:
- *Right of Reclamation*: As the fee simple owner, Jonathon has the right to reclaim his property. However, he should consider the period of adverse possession by Phillip.
Would you like detailed information on adverse possession or steps to legally reclaim property?
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