Lawsuit Looms as Lands Department Faces Backlash Over Property Mix-Up

Tonight, we turn to Independence Village, where one resident says she’s had enough of what she calls injustice at the hands of the Lands Department. Sherene Garbutt first set her sights on twenty-two acres of prime land in the Malacate Beach area back in 2022. She got the green light to survey, paid for it, submitted the paperwork, and even applied for a lease. But after three long years of waiting, the update she finally received was anything but good news, the land was sold to someone else. Now, Garbutt is threatening legal action unless the department gives back that parcel or offers her something similar in the same area. News Five’s Paul Lopez has the full story.

 

Paul Lopez, Reporting

A Belizean woman from Independence Village is ready to take the Lands Department to court after discovering that a piece of property she was in the process of buying was sold right out from under her.

 

On the Phone: Sherene Garbutt, Resident of Independence Village

“I am reaching out to formally express my concerns and disappointment regarding the 22.24 acres of land located in the Malacate area of Independence Village. On May thirteenth, 2022, I was officially granted permission to survey the said parcel of land, with the approval signed by Mr. Talbert Brackette.”

 

Sherene Garbutt provided News Five with a copy of the permission to survey the twenty-two acres of national land in the Malacate Beach area, a copy with the land commissioner’s stamp and signature. This is prime real estate near the Placencia Lagoon.

 

On the Phone: Sherene Garbutt

“I proceeded to have the land surveyed in August 2022 by Mr. Tingiling, with the understanding that this was the final step toward acquiring legal leasehold to the property.”

 

Garbutt says she made payments to have the twenty-two acres surveyed, even providing us with receipts of those payments. This survey plan confirms the land was measured, and the Lands Department acknowledged receiving it. On top of that, Garbutt says she applied for a lease on the national land and was even given an official instrument number.

 

On the Phone: Sherene Garbutt

“Following the completion of the survey, I made multiple trips to the Lands Department in both Stann Creek and Belmopan to inquire about the status of my lease documents. When I was unable to attend personally, my mother made visits on my behalf. On each occasion, we were constantly told that the paperwork was still on the Minister’s desk awaiting signature. We were reassured that everything was in order and that all that remained was the Minister’s signature to finalize the lease.”

 

But things did not go as planned for Garbutt. Earlier this year, she got a shocking surprise; the land she thought she was buying had already been sold and titled to someone Garbutt claims is well-connected. She further asserts that the very survey she paid for was used in the issuance of that title.

 

On the Phone: Sherene Garbutt

“When my mother visited the Lands Department again, she was informed by a staff member that the land had been sold, although they refused to disclose the name of the recipient.”

 

To fix the mess, the Ministry of Natural Resources tried to strike a deal with Garbutt. They admitted the land had already been sold to someone else and offered her six thousand, five hundred dollars to cover survey costs. In return, Garbutt would sign an agreement protecting the ministry from any future lawsuits. But Garbutt isn’t having it, she’s refused to sign and has brought in a lawyer instead.

 

On the Phone: Sherene Garbutt

“I must stress that this offer is entirely unacceptable. I was granted official permission to survey this land, and based on this legal assurance, I invested both time and money. To now be informed that the land has been granted to someone else.”

 

Garbutt is now demanding that the government return the original twenty-two acres of land to her or provide a comparable parcel within the Malacate area. She’s calling it a blatant breach of due process, saying it completely undermines what she believed were her legitimate expectations. Reporting for News Five, I am Paul Lopez

 

We reached out to Lands Commissioner Talbert Brackett for comments. He agreed to provide remarks, but our follow-up calls to him went unanswered. However, Chief Executive Officer Paul Thompson reached out to News Five to confirm that the Ministry is aware of Garbutt’s case. Thompson says completing a land survey and applying for a lease does not entitle Garbutt to the twenty-two acres of land. According to Thompson, after meeting with the ministry’s legal representative, they agreed to reimburse Garbutt for the expenses she incurred during the land survey process. C.E.O. Thompson says the ministry has been trying to work with Garbutt resolve the matter to no avail. Again, we note that Garbutt says she will not accept the six thousand five hundred dollars.