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Joined: Nov 2002
Posts: 2,538
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I had too much time today, and did a search for the last 6 years only on this forum, just for fun:

//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/487517
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/476745/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/475502
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/476138/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/462591/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/458666/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/455827
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/443932/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/443827/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/437084/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/420174/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/411806/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/407294/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/375835/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/361788/
//ambergriscaye.com/forum/ubbthreads.php/ubb/showflat/Number/293683/

No conclusions, just questions:
How many more cases are there that don't get covered on this forum or in the media?
How many more cases are there that haven't been found out yet by the rightful owners?

That being said, I hope this issue is resolved quickly for the sake of those involved and the tourism industry on Ambergris Caye.


Live and let live
Joined: Oct 2009
Posts: 174
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K
It won't change until the practice of "granted ownership" stops and property is bought and sold between buyer and seller with no government involvement.

Joined: Apr 2009
Posts: 515
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Absolutely right. The sooner you get the government out of it the better for all concerned (except the corrupt).


Captain One Iron
Joined: Oct 1999
Posts: 84,398
Marty Offline OP
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Tropic Air Vs. Brett Feinstein to Court

Two weeks ago, we told you about the property dispute on San Pedro - pitting leaseholder Tropic Air Limited against property owner Construction Depot Ltd, specifically Brett Feinstein.

Feinstein has the title but Tropic Air had already started work on a multi-million-dollar project on their leased land. Now, that has been halted by an injunction. There is room for compromise, but it won't be easy - as there is very valuable property and quite a bit of money already in the ground, not to mention the corporate egos involved.

So, today both sides ended up in court. Tropic Air had no less than three attorneys on its side: Godfrey Smith, Agnes Segura, and Steve Perera while Construction Depot had one: Eamon Courtenay. The Solicitor General representing the Ministry of Natural Resources was also there.

They went to discuss the matter in Justice Michelle Arana's Chambers and when they were done - there was no compromise. Here's what they told us starting with Tropic Air owner John Greif:..

John Greif - President, Tropic Air
"We are in negotiations for settlement and I don't have any comment at this time, but if the negotiations break down you can come out to San Pedro and I'll have lots to say."

Jules Vasquez
"Are you confident that some settlement cab be arrived at?"

Godfrey Smith, Attorney for Tropic Air
"When in negotiations you are confident until all hopes are lost, so yes we are confident that we can reach a settlement."

Eamon Courtenay, Attorney for Construction Depot
"I think the parties are making a serious effort to settle the matter. I think that there is a real possibility that the matter can be settled. There are a few matters that need to be resolved which is to ensure that Mr. Feinstein and Construction Depot rights are recognize firstly and secondly to ensure that there is no encroachment or continued encroachment by Tropic Air."

Jules Vasquez
"Sir, who is to blame here? Is it an administrative error on the part of the Lands Department?"

Eamon Courtenay
"From what I am able to see I would say that so far as Construction Depot is concern there is no doubt where we are that the title is clear that the intent was to give us the property that was involve and covered by that title, but what you have is a situation on the ground where Tropic Air apparently went beyond what they had by way of a lease."

Jules Vasquez
"Whose fault is this? Is it administrative error at the lands department?"

Godfrey Smith
"I will not get into that except to say our clients equally say that because of the lease they hold they are entitle to the benefit of that lease, but because Mr. Vasquez the matter is under negotiation and all parties are oblige to negotiate in a bonafide manner, I won't comment on those matters at this time."

Jules Vasquez
"Should you client have the benefit of the doubt since they are already occupying a property and work has stop etcetera?"

Godfrey Smith
"All I will say is that I believe that the matter is capable of being solved if all parties continue to act in good faith to reach a settlement."

Both sides will take a few weeks to work on a possible compromise.

Channel 7


Joined: Oct 1999
Posts: 84,398
Marty Offline OP
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That Lands Mix-Up On San Pedro

And while we had the opportunity, asked Vallejos about that governmental mix-up which caused Tropic Air and Brett Feinstein to now have to sue each other to find out who owns a piece of property on San Pedro.

As we've told you, Feinstein has the title but Tropic Air had already started work on a multi-million-dollar project on their leased land. Now, that has been halted by an injunction. Hopefully, there is room for compromise, but there are complications because there is very valuable property and quite a bit of money already in the ground.

When we asked Lands Commissioner Vallejos about it, he told us that while he can't speak freely because of the ongoing court case, it's because there was a duplication error:

Wilbert Vallejos - Commissioner of Lands & Surveys
"I am afraid I can't go into details and I wish I could for the benefit of the public to understand the core issue of this problem, but I can't because the matter is in court. What I can tell you however is that it's a duplication situation where one had it and the next one had it. And like I said that's as far as I can go. All I know is that the matter is in court and there is some discussions in trying to resolve this issue amicably."

In the case at court, Tropic Air is being represented by Godfrey Smith, Agnes Segura, and Steve Perera while Construction Depot had one: Eamon Courtenay. The Solicitor General is representing the Ministry of Natural Resources.

Channel 7


Joined: Apr 2009
Posts: 515
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If I didn't have an interest in Belize both financial and in its people this would be really funny. Everyone knows what is going on and everyone knows that silver has crossed someone's palms maybe, probably more than one. It is like putting kindergarteners from a crime family in charge of the most basic assets of the country. I know everyone will come on here and tell what nice people the 'landowners' are and maybe there are. I wish every realtor had to show this situation to their prospective buyers. Belize doesn't need any enemies - the people keep dragging themselves down. What a ridiculous mess.

Last edited by CaptOneIron; 07/16/14 07:03 AM.

Captain One Iron
Joined: Jun 2008
Posts: 2,000
R
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R
Capt. This isn't an unique problem in construction. I had almost a duplicate of this happen in the USA on a commercial building I was constructing. This is why there is a Land's Court, at least in Massachusetts. Boundary disputes are not new. Mine was caused by a surveyor or clerk making a ten foot mistake in recording the deed and it was carried over into other deeds before being noticed.

Just as in this case we had a building under construction when the property abutter who was very politically connected filed a cease and desist against us. We went to land court and got the judge to agree to allow construction to continue at our risk while the case wound through court. The other owner did not like this at all but we had deadlines and money costs which would have really hurt us if we just sat back and waited. In the end we won but it cost a good sum of money and many anxious moments. We even had to buy off a previous owner who tried to claim the ten feet when he found out about the dispute even though it was his surveyor who made the mistake many years previous. It sounds cut and dry but it really isn't and takes time to figure out just who is more right than the other.

This is just more of the same only very public because of the public interest in the airport expansion plus the people involved. Someone in government made this mistake it appears. They will get it sorted out eventually. Not many like a public battle like this don't want to give up their property rights either.


Jim
Formerly from somewhere on a beach in Belize
Joined: Apr 2009
Posts: 515
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Jim, this doesn't sound like an abutment issue at all to me. How on earth can the 'owners' have serendipitously gotten title to the land when there was obviously construction already taking place. Don't make excuses for them this is all total BS and in my view an attempt to defraud (steal, extort - choose your own word) from the folks that had already leased the land. How did the 'owners' arrive the decision to 'purchase' this land at that particular point in time and for what purpose. I don't care who instigated it I think it is pretty obvious that someone in the lands department (maybe several people) have a financial interest in this. This crap simply doesn't happen by accident right on an airstrip.


Captain One Iron
Joined: May 2000
Posts: 1,191
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If there has been an error at Lands then whatever "settlement" is reached will be paid for by the taxpayers. The Commissioner of Lands' coyness in this matter suggests he's acknowledging the error is at Lands.

Joined: Oct 2009
Posts: 174
K
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K
... And maybe a friend of the Goverment might have nearby property that they can sell above market value to the government for the settlement. Whatever it is that happens it ain't gonna be pretty ...

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