#TurksandCaicos, January 6, 2018 – Providenciales – I was taken to task by the Chairman of the PDM because I had the audacity to demonstrate leadership where his party has failed to do so. My intervention focused on the history of the development of the entire area know as Chalk Sound including the fact that it was under my administration that Belongers were given the opportunity to take up ownership of their own land hitherto seemingly reserved for others. My real intention though was to appeal for cool headedness at a time when an property owner in Taylor Bay was being wrong and strong in his understanding of the reality, and the vehemence with which he threatened those who had every right to enjoy their heritage albeit no right to trespass over private property. At my press meeting I indicated that I was undertaking research to better clarify the situation and would inform the public once I had better information. I now have that information and recount below the important events leading up to today.
The Sapodilla Bay and Taylor Bay Community came into being through a Conditional Purchase Lease between TCIG and Condor Real Estate Limited in 1978 – a company 100% owned by Canadian Developers. The condition being the pushing of a quarry graded roadway servicing the property along with what would be an extremely low price by today’s standard. Subsequent to that the narrow strip of land not in Condor Real Estate ownership was itself the subject of a Conditional Purchase Lease.
Below is the chronology of the various conveyances of the land directly abutting Taylor Bay Beach and the adjacent beach assess:
- October 17, 1984 parcels 60400/9 & 10 are transferred from the Crown to Clearwater Holdings Ltd. (a company owned jointly by foreign and local developers in return for the construction of road works in the Bight.
- September 5, 1989 Worldwide Hotel Holdings Ltd. has a caution registered as purchaser
- November 2, 1989 Worldwide Hotel Holdings Ltd. changes name to Paradise Cove Ltd.
- March 4, 1991 parcels 60400/9 & 10 are transferred from Clearwater Holdings Ltd. to Paradise Cove Ltd. (Dick Clark)
- October 3, 2007 parcels 60400/9 & 10 are transferred from Paradise Cove Ltd. to MWE Holdings Ltd. (a member of the Ashcroft Group of Companies).
- March 2, 2016 parcels 60400/9 & 10 are mutated into parcels 60400/394-398. Since then a number of easements have been granted by MWE to homeowners in the area givin them access to the Beach.
The following is the Chronology of beach access parcel 60612/90 at the heart of the controversy
- December 20, 1988 parcel 60612/90 is created from a mutation of parcel 60612/52 then owned by Condor Real Estate Limited
- March 21, 1989 parcel 60612/90 is transferred from Condor Real Estate Limited to Gibraltar Investments Ltd.
- December 5, 2007 parcel 60612/90 is transferred from Gibraltar Investments Ltd. to MWE Holdings Ltd.(a member of the Michael Ashcroft Group of Companies).
The intention all along seem to have been the prevention of the public – and in particular the local population from accessing the beach – with the full knowledge that the common law position has been for time immemorial and remains that the beach belongs to the public. My research has uncovered that were private property abuts the edge of vegetation and there is accretion the accreted land becomes the property of the Crown. Also, where private land is loss because of erosion and this results in an encroachment of the beach on to the boundary of the private property the principle remain that it becomes public. In all and every case the beach belongs to the public. However, when challenged in some common law jurisdiction the plaintiffs were successful.
So, despite what Don thinks the Taylor Bay Home owners do not own the beach. However, they do own the access and that is the mischief that has to be cured; that is where the focus of attention ought to be placed. The pressure must be applied to the Government to use existing legislation to compulsory acquire 60612/90 and any other property it deems necessary to secure access to the beach. Attacking the Leader of the Opposition is not the answer, neither is a party on the beach.