Proprietors Strata Plan No. 461 v International Hotels ( Jamaica) Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. C.L. 19991 P- 127

BETWEEN PROPRIETORS STRATA PLAN NO. 461 CLAIMANT

AND INTERNATIONAL HOTELS (JAMAICA)

LINlITED DEFENDANT

Mr. Terrence Ballantyne and Mr. Paul Beswick instructed by Ballantyne and

Beswick for Claimant

Dr. Lloyd Barnett, O.J., Mr. Walter Scott and Mr. Weiden Daley instructed

by Hart Muirhead Fatta for the Defendant C.

Land - Boundary Fence in incorrect position -Whether possessory title acquired

thereby-Whether fence location acquiesced to by Claimant - Sections 3 and 45 of

the Limitations of Actions Act

22nd,2 3rd,2 4thO ctober, 24thN ovember and 4'" December 2008

BROOKS, J.

This claim primarily concerns a boundary dispute. The Proprietors of

Strata Plan No. 46 1 (PSP 46 1) wish International Hotels (Jamaica) Limited

(IHJL) to remove incorrectly placed boundary fences and to place them

along the registered boundaries between their respective lands.

IHJL, on the other hand, states that the fences were put in their

respective positions by agreement and have been in place for so long that

PSP 461 is barred from having them removed. IHJL counterclaims a

possessory title to the disputed lands as well as the benefit of the provisions

of the Limitation of Actions Act.