Bahamian woman fighting a costly legal battle to keep her own land

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

A BAHAMIAN woman says she is fighting to keep her own land after learning that others had gone to court to claim it, forcing her to spend money on lawyers and surveys while racing against a 21-day deadline to object.

Meredith Johnson said her case shows how quickly landowners can be drawn into a legal battle under the Quieting Titles Act, even when they believe they have documents proving ownership.

She said the experience has been financially draining, emotionally stressful and a warning to Bahamians to ensure their land records, surveys and boundaries are up to date.

Ms Johnson said she first became suspicious about activity on the property about two years ago after her mother, who lives next door to the land, noticed people frequently visiting the site.

“My mother, who lives next door to the land in question, advised me that she first noticed, approximately two years ago — I believe while I was pregnant at the time — that someone was visiting the land frequently,” Ms Johnson said.

She said fencing that had previously existed along two sides of the property had also been removed. Her mother believed the visitors may have included a neighbour who is now among the petitioners.

Ms Johnson said she approached those involved directly and explained that the land had been bought by her father and later legally conveyed to her.

However, she said she only became fully aware of the legal action earlier this month when someone came to her home and told her that a petition to quiet title had already been filed and that she had 21 days to object.

She said a formal notice, later addressed to her mother, confirmed that legal proceedings had already begun.

The Quieting Titles Act is intended to resolve uncertainty over land ownership where title may be unclear, incomplete or disputed.

Under the law, a person claiming an interest in land may petition the Supreme Court to quiet title, asking the court to declare them the legal owner after reviewing evidence of possession, occupation, historical use, documentary records and other supporting material.

The process is meant to regularise land ownership where legal title is uncertain, making it easier for land to be sold, transferred, mortgaged or developed. Notices are issued as part of the process to allow anyone claiming an interest in the land to object and present evidence.

If no valid objection is filed within the prescribed period, the court may proceed with the petition and potentially grant title.

The Act has long been viewed as an important legal tool in The Bahamas, particularly because many Bahamians hold family land or parcels with incomplete historical documentation.

Supporters say it helps unlock dormant land, settle disputes and bring neglected or legally uncertain property into productive use.

Critics, however, have raised concerns about whether the process provides enough safeguards for absent landowners, people living abroad, heirs who may not know about claims, or people who have title documents but fail to respond within the legal timeframe.

The issue is especially sensitive in The Bahamas, where family land and inherited property often involve multiple generations, informal occupation arrangements, old surveys, missing deeds or unclear boundaries.

Ms Johnson said discovering that the matter had already gone before the Supreme Court was deeply upsetting.

“I was thoroughly disappointed because I questioned whether any proper research had been conducted on the land,” she said.

She acknowledged that the conveyance and map in her possession date back to 1989 and that some roads shown on the original plan were unnamed at the time, which may have contributed to confusion.

“In hindsight, I do accept some responsibility, as I probably should have updated the survey/map when the newer conveyance was issued,” she said.

Ms Johnson said tensions escalated when she approached those involved and was allegedly asked to prove how she obtained the land.

That interaction led her to issue a cease and desist letter through an attorney. She said she was shocked when the matter continued despite legal notice asserting ownership.

Ms Johnson said she does not necessarily believe the legislation itself is the problem, but rather how it may be used.

“The concern is how the law can be abused by individuals acting in bad faith,” she said.

She said her case is not simply a matter of historical family land or informal occupation.

“To clarify, this is not simply a matter of historical family ownership — I personally hold legal title to the subject property. The conveyance associated with the land has been properly executed and registered,” she said.

She said her father began securing the property around 1992, and the land was formally conveyed to her in 2021.

After becoming aware of the petition, Ms Johnson said she immediately obtained a copy, documented it and forwarded it to the attorney who handled the original conveyances and maintained historical records on the property.

She also engaged a surveyor to update the property plan to show that the land claimed includes property she says she already owns.

“At this stage, it has essentially become a waiting game leading up to the response deadline,” she said.

One of Ms Johnson’s biggest concerns is the Act’s objection period, which she believes is far too short for ordinary Bahamians.

She said the timeline places enormous pressure on people who must locate documents, retain lawyers, hire surveyors and prepare a legal defence in weeks.

“As a young mother, an entrepreneur, and someone working diligently every day just to manage life and business responsibilities, I do not believe that 21 days is a sufficient amount of time to respond to something as serious as a claim against property that has effectively been connected to your family for over 30 years,” she said.

She argued that if petitioners spend years preparing claims, affected owners should be given significantly more time to defend themselves.

“That timeline absolutely needs to be revisited and addressed,” she said.

Ms Johnson said the matter has placed an unexpected financial burden on her family, forcing her to redirect money that would otherwise have gone toward her children and business.

“Having to suddenly divert funds toward legal fees, surveys, and responding to a claim like this has not been easy,” she said.

She said many Bahamians may not be financially able to respond in similar circumstances.

Emotionally, Ms Johnson said the most difficult part has been the anxiety of racing against legal deadlines while waiting on lawyers, surveys and court processes.

She noted that surveys alone can take weeks to complete and be officially stamped, making the legal timeline especially stressful.

Ms Johnson said the ordeal has changed how she views land ownership in The Bahamas. She urged Bahamians to ensure their land is properly surveyed, clearly demarcated and supported by accessible documentation.

She said she chose to speak publicly because many people may not fully understand how the Quieting Titles Act works until they are personally affected.


Comments

Observer 1 hour, 34 minutes ago

The specific law must be amended to require the petitioner for quiet title to reimburse fully the declared legall owner of the land, for associated legal fees and expenses incurred by owner, pertaining to the owner having to prove ownership of the land in dispute.

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