Jemma McLeod v Michael McLeod

• Jurisdiction: Grenada
• Court: High Court (Grenada)
• Judge: Glasgow, J.
• Judgment Date: 11 November 2025
• Judgment citation (vLex): [2025] ECSC J0120-4
• Year: 2025
• Docket Number: CLAIM NO. GDAHCV2023/0352

In the Matter of the Possessory Titles Act No 22 of 2016 of the Laws of Grenada Sections 3 to 8 Inclusive Thereof

and

In the Matter of An Application by Jemma McLeod for a Possessory Title Declaration in Respect of a Parcel of Land Together with a Building thereon Measuring 2, 860 Square Feet Situate at Grand Bay in the Island of Carriacou in the State of Grenada

and

In the Matter of An Application for a Declaration of Possessory Title to Land

Between:

Jemma McLeod

Applicant

and

Michael McLeod

Opposer

Before:

The Hon. Justice Raulston L.A Glasgow High Court Judge

CLAIM NO. GDAHCV2023/0352

(formerly CLAIM NO. GDAHCV2019/0593)

IN THE SUPREME COURT OF GRENADA

AND THE WEST INDIES ASSOCIATED STATES

HIGH COURT OF JUSTICE

(CIVIL)

Appearances:

The Applicant in person via Zoom

Mr. Andre Thomas of counsel for the opposer

REASONS FOR DECISION

Glasgow, J.

1 Before the court is the applicant's (“Ms. McLeod”) application for a declaration of possessory title filed on 31 ^st December 2019, wherein Ms. McLeod claims to be entitled to possession of a lot of land together with a building situate at Grand Bay in the island of Carriacou in the state of Grenada containing by admeasurement 2, 860 square feet (“the property”). On 28 ^th May 2020, the opposer (“Mr. McLeod”) entered an appearance indicating his objection to Ms. McLeod's application. Thereafter, on 16 ^th June 2020 Mr. McLeod outlined the reasons for his opposition to Ms. McLeod's application in his claim. The matter proceeded to trial on 26 ^th September 2024. For the reasons to follow, Ms. McLeod's application for a declaration of possessory title is refused.

Ms. McLeod's Application

Ms. McLeod's Claim

2 Ms. Mc Leod estimates that the land on which the property is situated has a value of $15,000, and the building on the property a value of $75, 000. She claims that she is entitled to the property as she was born there and grew up there with her grandaunt and mother. She contends that since 1979, she has been the sole occupant of the property, no one has ever challenged her ownership, and she is owner of the property in her own right. Ms. McLeod's application recounts that before adverse possession began to run in her favour, the land was registered in her great grandmother's (“Ann E. Noel”) name. Ms. McLeod highlights that the property is currently registered in the Deeds and Land Registry of Grenada in the name of ‘Winifred Veronica Fernard’, who wrongfully claims to be the owner of the property.

Ms. McLeod's Evidence

3 In support of her application, Ms. McLeod deposes that she was born on 8 ^th December 1958, is 61 years old and retired. Her elderly family members advised her that the property was originally owned by Ann E. Noel, who died in 1948. Her mother Rosie McLeod then migrated to the United Kingdom when Ms. McLeod was 2 years old in 1960. Ms. McLeod then lived on the property with Ann E. Noel's daughter, Maud G. Noel, who was her grandaunt and legal guardian until Maud G. Noel's death in 1979. The same house constructed on the property is the same house which she occupied over the years, which was constructed of wood and concrete pillars and was always fenced. Ms. McLeod believes this house was constructed by Ann E. Noel, and after Ann E. Noel's death, she lived on the property permanently until 1998, when she migrated to the United States of America. She visits Carriacou annually and resides in the house on the property. Her son Kimberly McLeod was also born on the property and lived there with her, and when she migrated in 1998, he continued to occupy the property until he also migrated to the United States of America. Ms. McLeod indicates that she has continuously maintained the property, and whenever her children visit Carriacou on vacation, they reside there. From 1979 to present, the only persons who occupied the property were herself and her children.

4 It was recently brought to her attention by her attorneys, who conducted a search in the Deeds and Land Registry of Grenada, that Winifred Veronica Fernand had attempted to unlawfully acquire the property by causing a statutory declaration to be filed. This statutory declaration as sworn by Ruby Mills on 18 ^th September 2013 and recorded in the Deeds and Land Registry of Grenada in Liber 21 – 2013 at page 540 references the property in the plan annexed thereto, and attempts to set up title to the property in the names of Christiana McLeod and Gertrude Gilbert. Ms. McLeod denies that these parties or Winifred Veronica Fernard ever occupied the property as alleged by them. Since occupying the property from 1979 onwards, except for attempts made by the above-mentioned persons to unlawfully acquire the land, Ms. McLeod concludes that no one else has ever challenged her occupation of the property and she does not know of anyone else who can claim to have any interest in the property.

Ms. McLeod's Supporting Evidence

5 Affidavits in support of Ms. McLeod's application were filed on 31 ^st December 2019 by Cynthia Julien and Benedict Julien.

Cynthia Julien's Evidence

6 Cynthia Julien was born on 5 ^th January 1939 and is 82. She was born in Grand Bay Carriacou, lived there for all her life and resides about 300 feet away from the property. She is familiar with Ms. McLeod who she knew since her birth, and she also knew Rose McLeod, Ms. McLeod's mother and Maud Noel, Ms. McLeod's grandaunt. She does not know the exact area of the property, but was shown a survey of the property dated 26 ^th June 2013 as prepared by licensed land surveyor Denis Thomas and has no doubt that the plan accurately describes the property. As a young child, Cynthia Julien recalls that Ann E. Noel possessed the property, where she lived in a wooden house. Ms. McLeod's mother also lived in the house until she migrated in the early 1960s when Ms. McLeod was a very young child. Ms. McLeod then lived in the house with her grandaunt until her grandaunt's death in 1979. From 1979 until the late 1990s, Ms. McLeod and her children lived continuously in the house on the property until they migrated just like Ms. McLeod did. After Ms. McLeod moved to the United States, she regularly visited Carriacou at least twice yearly, and on all of her visits, she lived in the house on the property. Ms. McLeod last visited Carriacou and lived in the house in June 2019 when she spent approximately 2 months there. From 1979 to the present time, the sole person in possession of the property was Ms. McLeod, and Cynthia Julien does not know of anyone else who has a claim or right to the property. Cynthia Julien concludes that she does not have a direct or indirect interest in the property and is not disqualified from swearing the affidavit in support of Ms. McLeod's application.

Benedict Julien's Evidence

7 Benedict Julien was born on 21 ^st July 1953 and is 66. He was born in Grand Bay, Carriacou, lived there for all his life, and resides less than a quarter mile from the property. He is very familiar with Ms. McLeod, who he has known for all his life, and he also knew Ms. McLeod and Maud Noel, Ms. McLeod's mother and grandaunt. He does not know the exact area of the property, but he was shown a recent survey of the property prepared by licensed land surveyor Denis Thomas dated 26 ^th June 2013 and has no doubt that the plan accurately describes the property. Benedict Julien was advised by older members of the Grand Bay community that the original owner of the property was Ann E. Noel, who he was informed lived in a house on the property until Ann E. Noel's death in the 1940s. As a young child, he knew Ms. McLeod's mother who lived in the house on the property for a while. Maud Noel also lived in the house until the late 1970s.

8 From 1979 to present, he knows that Ms. McLeod and her children continuously lived in the house on the property. Ms. McLeod has 2 children who were born in Carriacou and grew up in the house until they both migrated to the United States of America. Ms. McLeod regularly visits Carriacou and last visited in June 2019 when she spent 2 months in the property. From 1979 to the present time, the sole person in possession of the property was Ms. McLeod, and Benedict Julien does not know of anyone else who has a claim or right to the property. He concludes that he does not have a direct or indirect interest in the property and is not disqualified from swearing the affidavit in support of Ms. McLeod's application.

Mr. McLeod's Opposition

9 Mr. McLeod filed his Claim & Statement of Facts on 16 ^th June 2020, and affidavits were also filed by Roland Robert and Randolph Andrews.

Mr. McLeod's Statement of Facts

10 Mr. McLeod claims to be the legal owner of the property, asserting that he has been in possession and occupation of the property since 2013, when the property was conveyed to him by virtue of Deed of Gift dated 6 ^th February 2013 and recorded in the Deeds and Land Registry of Grenada in Liber 6 of 2014 at page 422. Mr. McLeod asserts that the property originally formed part of the estate of Gertrude Gilbert, his grandmother, and she was in possession of the property for over 50 years until she died on 19 ^th March 2004. By Statutory Declaration dated 18 ^th September 2013, Ruby Mills declared that Gertude Gilbert was in undisturbed possession of the property up until her death, and same was recorded in the Deeds and Land Registry in Liber 21 of 2013 at page 540. Subsequently, the administratrix and co-owners of Gertrude Gilbert's estate partitioned the estate, and the property was allotted to Faith Theodora McLeod, Gertrude Gilbert's daughter and a beneficiary of her estate. Faith McLeod then conveyed the property to him, her son. Sometime in 1960, Gertrude Gilbert migrated to England and left her children, including Faith McLeod, to live with her aunt Marjorie Jane Noel in an old house owned by Getrude Gilbert which was on the property.

11 This old house was built...