Non – contentious
Our firm specializes in advising clients on possessory and non-possessory land rights, including applications to regulators and government authorities for the approval of profit a prende’s and mining rights.
Our firm also specializes in the drafting of conveyances and mortgages, deeds of gifts and other transfers of real property.
We frequently advise on residential and commercial leasehold interests for both landlords and tenants, and protect our clients’ interests by giving straightforward and robust advise on the operation on important lease clauses, including finance provisions in ground leases used for the development of commercial real estate.
Contentious
Our firm has been involved in extensive real property litigation and applications to Town Planning Committees in all districts in the Bahamas.
We fundamentally understand the principles that drive success at all levels of a real property dispute and we provide upfront advice that allows our clients the option and ability to plan and utilize resources efficiently. We have acted in matters touching and concerning the following real property topics:
Easements, Profits, Certificate of Title and Fraud, Injunction – LID Ltd. v S [2019] – Defending a claim of trespass and counterclaim to set-aside a Certificate of Title for fraud pursuant to section 27 of the Quieting Title Act and advancing claims of an easement and prescriptive rights pursuant to the common law and legislation. Successfully defending an application for injunctive relief by a Certificate of Title holder on the basis of an ongoing business enterprise.
Inheritance Act and Strikeout – B v M [2017] – Successfully defending a claim for a better relative title and possession on a strikeout application citing provisions of the Inheritance Act.
Relativity of Title, Trespass and Mesne Profits – FDC Ltd. v B [2017] – Claim brought against telecommunications provider for mesne profits and damages in a relatively of title dispute.
Relativity of Title, Boundary – NH Ltd. v C [2013] – Defending and bringing a counterclaim against a large landholder on the basis of misaligned boundaries on two competing Crown Grant issuances in a relativity of title dispute. Defending claim on the basis of nemo dat non quod habit in the issuance of two overlapping Crown Grants.
Relativity of Title, Summary Judgment – TM Ltd. v R [2012] – Bringing claim against boutique luxury hotel for trespass against a large landholder in a relativity of title dispute. Valuation on fruit trees and native timber pine on assessment of damages.