Squatter mulls legal action after Arima home demolished

An attorney representing one of the residents displaced by the Housing Development Corporation (HDC) on February 6 says he is awaiting instructions from his client, after a pre-action protocol letter sent to the HDC was rubbished in a press release.

The HDC demolished 12 homes at La Culebra, Ramjattan Trace, Arima.

“Having responded in the way that they have, I am awaiting further instructions from my client, upon which, I will act accordingly,” said Brian Baig, the attorney representing Ann Marie Leplatte.

Last Monday, through Baig, Leplatte sent pre-action protocol letters to HDC and Paula Drakes, Commissioner of State Lands, asking for proof they had the authority to destroy her home, giving the state-owned company 24 hours to respond.

The HDC responded that the deadline was unreasonable, then denied the allegations of wrongdoing, which included allegations of trespassing and adverse possession.

An HDC media release on February 6 said the move to demolish the homes was “decisive action to address illegal squatting” at the site.

The release said 20 illegal structures were demolished in October as part of the ongoing effort to remove unlawful occupants from the land. Notices were served to the occupants of the remaining structures, ordering them to vacate the property by January 2025.

The release also said the Commissioner of State Lands was the owner and authorised the operation.

The website of Community Law TT, a non-profit education and information group, described adverse possession or squatting as the possession of a portion of land by a person which is adverse to the interest of the landowner.

The website said for an occupier to successfully claim adverse possession, they must prove they have had undisturbed and open occupation of the property and the occupier must intend to occupy the land as his or her own with the intention of excluding the lawful owner.

The law requires that the occupation of the land must be for a continuous 16-year period for privately owned land and 30 years for state owned land.