The Tribune

By KEILE CAMPBELL

Tribune Staff Reporter

kcampbell@tribunemedia.net

A SUPREME Court judge has sided with a church and ordered a woman to remove a shed and other belongings from a disputed piece of land on Honeycombe Street.

Senior Justice Deborah Fraser determined that the First Church of Our Lord Jesus Christ of The Bahamas Islands, which purchased the land in 2002, retained continuous possession and that McPhee’s use of the Angela Mcphee’s use of the property — including placing a shed and a clothesline — was insufficient to claim ownership.

The legal battle centred on a portion of land that the church alleged Ms McPhee had unlawfully occupied since 2005. The court was asked to decide whether Ms McPhee’s presence amounted to trespass or whether she had acquired the land through adverse possession, a legal principle that allows someone to claim ownership after 12 years of exclusive, uninterrupted possession.

The court found that Ms McPhee’s mother, Melena Rolle, had lived on the property for decades, and Ms McPhee continued to reside there after her mother’s death in 2020. However, the church never relinquished its claim to the land. In 2005, the church constructed a foundation on the property, showing clear intent to maintain possession.

In 2020, Ms McPhee attempted to sell her home to the church for $72,000, and an Agreement for Sale was signed. However, the deal collapsed because Ms McPhee’s title was defective, meaning she could not legally transfer ownership.

Court documents revealed that the church offered financial assistance to help Ms McPhee apply for a Certificate of Title, which would have allowed the sale to proceed. However, negotiations broke down after Ms McPhee’s son demanded an upfront deposit, which the church refused.

The court noted that Ms McPhee’s attempt to sell the land contradicted her claim that she had possessed it exclusively for 12 years — a requirement for adverse possession.

To prove adverse possession, Ms McPhee needed to show that she had physically controlled the land and had the intent to exclude the rightful owner.

However, the court ruled that Ms McPhee’s use of the land — placing a shed, storing personal items, and hanging clothes — did not amount to true possession. Justice Fraser found that these acts were not significant enough to establish legal ownership, nor did they show an intent to permanently exclude the church.

Additionally, the church had taken formal legal action in 2020, issuing a notice of encroachment to Ms McPhee and demanding that she vacate the land within 90 days. The judge ruled that this action prevented the statutory 12-year period required for adverse possession from ever commencing.

Property dimensions also played a role in the case. Ms McPhee’s property was listed as 3,168 square feet, while the church’s survey indicated it was 2,450 square feet — raising boundary concerns.

The judge ruled that despite the discrepancies, the disputed area legally belonged to the church, reinforcing its claim of ownership.

Having determined that Ms McPhee was trespassing, the court ordered her to remove her shed, clothesline, and personal belongings within three months. She was also permanently prohibited from occupying the disputed land and ordered to cover the church’s legal costs. The church retains the right to seek damages for trespass in the future.

With the ruling, the church successfully defended its legal ownership, while Ms McPhee’s claim of adverse possession was rejected due to insufficient evidence of exclusive and continuous control.