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24-Nov-08

START DATE

END DATE

27-Jan-09

Jay Timothy Levince Simmons v. Betty Steede Alice Maude Steede Kwame Clifford Fitzgerald Steede Matthew Osborne James Steede Mark Robert Leon Steede The Bank of Bermuda Limited

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda

Property dispute adverse possession

Hon. Geoffrey R. Bell

Mr. Allan Doughty (Trott & Duncan)

Mr. Ray DeSilva (Conyers Dill & Pearman)

FACTS OF THE CASE:

The Plaintiff, J. Simmons, sought an injunction to prevent the Defendants from trespassing on land that he claimed ownership of through paper title. The Defendants asserted an adverse possession claim, arguing they had occupied and used the land for over 50 years. The case revolved around whether the Defendants? use of the land constituted adverse possession under Bermuda law, and whether their claim extinguished Simmons? title.

SUMMARY:

Ownership of disputed land application of adverse possession

OUTCOMES:

Simmons ownership upheld; Defendants adverse possession claim rejected.

RULED IN FAVOUR OF:

Jay Timothy Levince Simmons (Plaintiff)

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Jay Timothy Levince Simmons v. Betty Steede Alice Maude Steede Kwame Clifford Fitzgerald Steede Matthew Osborne James Steede Mark Robert Leon Steede The Bank of Bermuda Limited

The Plaintiff, J. Simmons, sought an injunction to prevent the Defendants from trespassing on land that he claimed ownership of through paper title. The Defendants asserted an adverse possession claim, arguing they had occupied and used the land for over 50 years. The case revolved around whether the Defendants? use of the land constituted adverse possession under Bermuda law, and whether their claim extinguished Simmons? title.

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