- Case summary
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This case concerns the disputed ownership of three parcels of Crown land - 60602/429, 60602/430, and 60602/431 - located in Norway & Five Cays, Turks and Caicos Islands. The respondent, Gilbert Fitzroy Selver, claimed to have entered into a contract with the Turks and Caicos Islands Government (TCIG) for the purchase of parcels 429 and 430, and sought an easement over parcel 431 for access.
Offers and Alleged Contracts
The TCIG made an offer for a conditional purchase lease (CPL) for parcel 429 (previously 130) on February 4, 2003, which Selver signed but did not execute within the six-month timeframe, causing the offer to lapse. No offer for a CPL was made for parcel 430. On October 29, 2008, the TCIG offered to grant Selver freehold titles for parcels 429 and 430 at specified purchase prices. Selver did not immediately accept this offer, and the Crown Land Ordinance came into effect on April 1, 2012. Selver attempted to accept the offer and pay the purchase prices in 2013, but the TCIG considered the offer to have expired.
Unlawful Occupation
The evidence showed that Selver unlawfully entered and remained on parcel 431, disregarding notices to discontinue unauthorized works and restore the land. However, the TCIG waived any unlawful entry or occupation of parcels 429 and 430 by engaging in negotiations for their purchase.
Outcome
The appeal by the Honourable Attorney General of the Turks and Caicos Islands was allowed.
The Court of Appeal found that:
1. The offers for conditional purchase leases (CPL) on parcels 429 and 430 had expired.
2. No validly enforceable contract was entered into between Selver and the TCIG for the purchase of parcels 429 and 430 due to the enactment of the Crown Land Ordinance.
3. Selver did not lawfully enter or remain on parcel 431.
4. Selver is not entitled to an easement on parcel 431.
5. The TCIG is entitled to possession of parcels 60602/431, 60602/429, and 60602/430.
6. Selver must vacate the parcels within 90 days, and the TCIG is entitled to all attached buildings and/or infrastructural works on the parcels without compensation to Selver.
7. Costs are awarded to the Appellant both in the appeal and the lower court, to be taxed if not agreed.
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