Revised Laws of Saint Lucia (2021)

31.   Special provisions relating to specified trees

  1.  

    (1)   Every landlord may, at the time when he or she enters into a contract of tenancy, by the inclusion in such contract of an express term to that effect, reserve to himself or herself the exclusive right—

    1.  

      (a)     to fell or cut timber from any specified tree or trees growing upon such holding;

    1.  

      (b)     to plant or cultivate a specific number of specified trees upon such holding;

    1.  

      (c)     to reap the produce of any specified tree of trees growing upon such holding and which was planted by the landlord.

  1.  

    (2)   Where the landlord reserves for himself or herself any of the exclusive rights referred to in subsection (1) it is lawful, after giving due notice to the tenant, for him or her or his or her servants or agents to enter upon the small holding in respect of which the rights are reserved at all reasonable times for the purpose of exercising the rights so reserved.

  1.  

    (3)   Where any damage is occasioned in the course of the exercise of any of the rights referred to in subsection (1) to any crop growing upon the small holding or to any buildings or fixtures belonging to the tenant situate upon the small holding, the landlord is liable to pay to the tenant by way of compensation for such damage the full value of the loss occasioned to the tenant by such damage.

  1.  

    (4)   Every tenant is liable to pay to the landlord compensation to the full value of any damage occasioned by him or her or his or her servants or agents wilfully or negligently or by his or her stock, to any tree specified under subsection (1) growing upon a small holding of which he or she is a tenant.