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477.   Summons to squatter

Revised Laws of Saint Lucia (2021)

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477.   Summons to squatter

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    (1)   If any person enters upon or uses or occupies any land, belonging to or in the possession of another person, without leave of the proprietor or occupier or without lawful authority for so doing, the magistrate of the district in which such land is situate, on the complaint of the proprietor or occupier, may summon before him or her the person using or occupying such land to show cause why an order should not be made for his or her removal from the land.

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    (2)   If, on the hearing of the complaint, it is proved, to the satisfaction of the magistrate, that the defendant has entered upon and used or occupied such land without leave or lawful authority, the magistrate may make an order for his or her removal, by force if necessary, from the land, and also the removal of any structure, animal or thing whatsoever which he or she may have placed or have on the land.

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    (3)   The magistrate may in addition, if he or she thinks fit, impose on the person a fine of $500, and may order that the whole or any portion of such fine, if paid or recovered be paid to the proprietor or occupier of the land.

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    (4)   The Court may make an order for compensation for buildings, growing crops, or other things not exceeding $5,000 to be paid to a person ordered to give up possession, unless the proprietor allows the removal of any such structure, animal or other thing in which case the Court shall fix a reasonable time for the removal.

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    (5)   The Court may give such directions in the matter as it considers just and necessary.

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    (6)   The provisions of this section apply in the case of a person remaining on any land even after lawful entry where his or her right to do so has been determined by law, or by notice to quit the land or otherwise.

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    (7)   Nothing in this section shall exclude the right of any person to take civil proceedings in respect of any trespass, squatting, entry upon, use, or occupation of any land, provided that if an order made under this section is carried out or obeyed, no civil proceedings shall be maintainable in respect of the same matter or cause of action.

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