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Law Reform Commission Invites Comments on Adverse Possession Paper

Law Reform Commission Invites Comments on Adverse Possession Paper
03 August 2023, 05:32 AM
Government

The Law Reform Commission invites stakeholders and members of the public to comment on the issues and recommendations identified in the discussion paper titled, ‘Adverse Possession’.

The discussion paper aims to determine whether the doctrine of adverse possession should be abolished in the Cayman Islands or retained in a modified form. Adverse possession is the process by which a person can obtain title to land belonging to someone else by continuously occupying the land in a way that is inconsistent with the rights of the owner.

The paper outlines the history and existing law of adverse possession, assesses the justifications for the doctrine, and examines the law and recent reforms in other common law jurisdictions. In addition, it proposes two options for reform in the Cayman Islands – abolishing adverse possession entirely or amending the law to restrict the circumstances in which title to registered land can be acquired by adverse possession.

The discussion paper may be viewed at http://www.gov.ky/lrc or http://www.gov.ky/ or a copy may be collected from the Offices of the Law Reform Commission.

Submissions should be forwarded no later than 27 October, 2023, to the Director of the Law Reform Commission in one of the following ways:
• Email to cilawreform@gov.ky;
• Hand delivery to the Law Reform Commission, Portfolio of Legal Affairs, 4th Floor, Government Administration Building, 133 Elgin Avenue, George Town, Grand Cayman; or
• Post to the Law Reform Commission, P.O. Box 136, Grand Cayman KY1-9000.