Gov’t And Opposition At Odds Following Demolition In Coopers Pen | RJR News

By Nakinskie Robinson

The political dispute over the demolition of homes in Coopers Pen, Trelawny is taking a legal turn with a focus shifting to a caveat lodged against the property in 2012. 

The government and opposition are offering conflicting accounts of the status of that caveat and what ultimately happened to it.

It’s a legal tug of war over who holds responsibility and power when it comes to land titling for Coopers Pen in Northern Trelawny.

A caveat is a formal illegal warning that blocks a certain actions from happening until a problem is sorted out. 

In the case of land titling, if one intends to legally acquire a piece of land to protect the people living on it, you can file a caveat to lock the title. That is what the People’s National Party government did in 2012 on behalf of a Coopers Pen residents. 

“The PNP administration sought to acquire the land compulsory and there was a caveat that was lodged against the title. It’s still on the title and, therefore, that caveat affects the transfer or dealing with of this said parcel of land,” said Opposition Spokesperson on Land Lothan Cousins, speaking Thursday during a tour in Coopers Pen.

A title from the Titles Office records, shared by the PNP, showed that the caveat was lodged on May 1, 2012 by the Ministry of Housing, recording its equitable interest in the land.

The document shows that the caveat remains on the Certificate of Title, which would mean the title for the property cannot lawfully be dealt with without the consent of the sitting Minister of Housing, a role now held by Prime Minister Dr. Andrew Holness. 

It’s why PNP Chairman for Trelawny Northern Dennis Meadows has also called for Dr. Holness to state whether the caveat is still in force.

“His own ministry holds a legal interest in this land. We are therefore calling on him to confirm publicly that this caveat still stands. And to say if anyone, local or overseas, has asked for it to be removed,” said Mr. Meadows. 

But the Jamaica Labour Party government is calling foul, accusing the opposition of giving the public only part of the legal picture.

JLP Communication Task Force Chairman, Senator Abka Fitz-Henley, pointed to two subsequent court rulings which he said affirmed the private developer as the lawful owner of the property.

“Subsequent to 2012, the Supreme Court in Jamaica has twice affirmed and reaffirmed by the Court of Appeal in 2016 the right of the private developer as the lawful owner of the property. In fact, the Court of Appeal dismissed the appeal of the Minister of Housing under the PNP administration and upheld the Supreme Court’s finding that the government cannot compulsory acquire private lands in order to transfer an interest to people who are occupying without the permission of the lawful owner,” the senator stressed.

The People’s National Party government lost its battle in the Court of Appeal in 2016 when the Minister of Housing challenged New Falmouth Resorts. 

Senator Fitz-Henley says the government holds no interest in the Coopers Pen land.