Public Comments: Adverse Possession

The Law Reform Commission invites stakeholders and members of the general public to comment on the issues identified in the Discussion Paper titled “Adverse Possession” and, in particular, to submit their views on the recommendations presented for discussion.

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 Discussion 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. The Discussion Paper 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 on the following websites: www.gov.ky/lrc or www.gov.ky or a copy may be collected from the Offices of the Law Reform Commission.

Submissions should be forwarded no later than 27th October, 2023 to the Director of the Law Reform Commission in one of the following ways –
(a) by email to cilawreform@gov.ky;
(b) by hand delivery to the Law Reform Commission, Portfolio of Legal Affairs, 4th Floor,
Government Administration Building, 133 Elgin Avenue, George Town, Grand Cayman; or
(c) by post to the Law Reform Commission, P.O. Box 136, Grand Cayman KY1-9000.
End