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Justice Iain Morley says weaknesses in Nevis’ land-registration system allowed separate families to receive certificates covering the same property

CHARLESTOWN, NEVIS — The High Court has cancelled two land certificates after finding that 9.375 acres claimed by the Lawrence family were already included within a 75-acre property legally registered to the Clarke family decades earlier.

In a judgment delivered on July 27, 2026, Justice Iain Morley KC ruled that the 2008 certificate issued to the late Paul Theophilus Lawrence, and the subsequent 2020 certificate transferred to his three sons, were wrongly issued.

The disputed 9.375 acres will now be restored exclusively to the Clarke family’s 1989 Certificate of Title.

The case involved Nicole Johnson and Shaun Clarke, acting as executors of the estate of their late father, Frederick Roy Windsor Clarke, against brothers Keith Claudius Paul Lawrence, Robin Robert Lawrence and David Gordon Lawrence. The Attorney General of St. Kitts and Nevis was also named as a defendant.

Two titles. Same land.

According to the judgment, Frederick Clarke acquired approximately 75 acres through a conveyance dated August 30, 1969. He later obtained a Certificate of Title for the property on March 17, 1989.

Paul Lawrence began applying for a separate first certificate of title in 2004, based on his family’s longstanding use of the land for farming and animal husbandry. His certificate for 9.375 acres was granted in May 2008.

That certificate was later transferred to his sons for EC$1 in October 2019 and registered in their names in May 2020.

The court was told that the property was valued at approximately EC$306,281 in 2019 and, due to the proposed Destiny development in the surrounding area, may now be worth as much as US$400,000.

The conflict was reportedly discovered in 2024, when the Clarke family commissioned a survey connected to development activity in the area.

A subsequent survey confirmed that the entire 9.375-acre Lawrence parcel was located inside the Clarke family’s 75-acre property.

Brothers were unaware of earlier certificate

Justice Morley accepted that the Lawrence brothers had no knowledge of the Clarke family’s 1989 certificate when the property was transferred to them.

The judge said the transfer was made while their father’s health was declining, following advice that transferring the property during his lifetime could avoid complications associated with probate.

However, the court found that the brothers could not be legally considered bona fide purchasers “for value” because the land, valued at more than EC$306,000, had been transferred for only EC$1.

That meant the 2020 title could not receive separate legal protection and could survive only if their father’s 2008 certificate was valid.

The court ultimately determined that the 2008 title application was fundamentally flawed because the Clarke family, as existing registered owners, had not been personally notified.

Justice Morley said the Clarkes could not reasonably have been expected to monitor newspaper advertisements for applications relating to land they already legally owned, particularly when the published description was written in technical surveying language that made the location difficult to identify.

Government ordered to cover costs

The court declared that the 9.375 acres form part of the Clarke family’s 75-acre property and ordered the Registrar of Titles to cancel both the 2008 and 2020 certificates.

Justice Morley also found that neither family was responsible for the situation.

He described both families as having acted in good faith, each relying on certificates issued through the official land-registration process.

The judge ruled that the litigation resulted from weaknesses in the government-administered system and ordered the legal costs of both the Clarke and Lawrence families to be paid by the government, represented by the Attorney General.

Judge identifies serious registration flaw

The judgment raised wider concerns about the way land records are maintained in Nevis.

Justice Morley said there was no adequate mechanism allowing a new survey to be easily compared with existing certificates at the Land Registry.

Under the current system, certificates are recorded in books and folios under family names, but the individual survey plans are not combined into a wider geographical map showing exactly where registered properties are located.

The judge noted that the same surveyor had surveyed the Clarke family’s 75 acres in 1988 and the Lawrence family’s 9.375 acres in 2003, apparently without recognising that the smaller parcel was entirely within the larger property.

Justice Morley said survey plans should be capable of being placed over a regional land map so that any overlap with existing titles could be immediately identified.

He also criticised the reported practice of lawyers informally consulting individuals with local knowledge to determine ownership, describing that method as unreliable.

Court expresses sympathy for Lawrence family

Although the Lawrence title was cancelled, Justice Morley expressed “considerable sympathy” for the brothers.

The court heard evidence that the Lawrence family had been associated with and had intermittently cultivated the land for several generations, possibly spanning more than 80 years.

The judge acknowledged that the brothers had relied on an official certificate and believed they had legitimate ownership of a valuable property.

The judgment suggested that the Lawrence family could seek legal advice about possible mediation or further proceedings relating to the loss. Potential avenues discussed included claims involving the government, the legal professionals who processed the applications and transfer, or the surveyor involved.

However, the judge made it clear that the court was not expressing a view on whether any such claim would succeed.

The case was heard in the Nevis Circuit of the Eastern Caribbean Supreme Court. The claimants were represented by attorney Ricaldo Caines. Attorney Kimberly Hanley-Bello appeared for the Lawrence brothers, while Kenetra Ramchan and Kiwanna Browne represented the Attorney General.