No SQUATTER’S rights on Crown Land, says new ISU Lead

By Dana Malcolm  

Staff Writer  

#TurksandCaicos, April 6, 2023 – Before, TCI authorities were simply ignoring the illegal developments being built up on government owned land; now, Government is paying attention and taking action through its newly established Informal Settlement Unit, headed by attorney and former Supreme Court justice, Carl Simons, KC.

“As a matter of fact, from the movement you start you are committing an offense. From the first bush that you pull out and that offense continues so long as you continue to put up foundations and lay blocks.”

As the Government actively begins to reclaim long-occupied crown land removing buildings which are illegally occupying space, Carlos Simons KC who heads the Informal Settlement Unit, is reminding that there are no squatters rights in this case.

“You cannot acquire rights by squatting on Crown Land,” he said in an interview with our news team. Simons mentioned how seriously the law treated this.  So bold and prolific is the spread of the illegal settlements that some of the structures have been standing on Crown Land for decades including homes, corner shops, and more that have gone untouched by previous Governments. Their longevity does not exempt them from demolition as it springs not from legal right but from authorities ignoring them.

“No matter how long you stay there no right can accrue to you by virtue of [that].” Simons warned.

Simons has said there may be some rights available over private land.  This involves the landowner knowing that a squatter is on his or her property and doing nothing about it for many years.

“It is possible to acquire a prescriptive right to private land, but not crown land.”

Landowners in the Turks and Caicos are already approaching the Planning Department for help with clearing squatters.  In fact, the 24 acres in the Bight was private land requested to be cleared by the owners.

Simons encourages residents not to build without authorization from the Planning Department, not only because they put their safety at risk, but because all illegal settlements no matter where or how expansive they are, would be cleared and while the job would be done humanely, it would be done.