Derek Achong
A woman from Tacarigua has won a property dispute with her brother over his continued residence on a property that their mother left her.
Late last month, High Court Judge Westmin James upheld a lawsuit brought by Dianne Parris-Hernandez against her brother Wayne Parris.
The lawsuit centred around a wooden house which Parris constructed on the property at Dinsley Village, Tacarigua, with his mother’s permission while she was still alive.
The siblings’ mother left the property for Parris-Hernandez in her will, and she sought to evict her brother in 2024 after he reportedly became verbally abusive after their mother’s death.
Parris claimed that, despite the terms of the will, their mother had given him permission to reside on the land indefinitely.
He claimed he had a right to the portion where he constructed the wooden house under proprietary estoppel, as he relied on her alleged assurance to his detriment, as he chose to build his house there instead of a parcel of land volunteered by his aunt.
In determining the case, Justice James found that the will did not grant Parris any legal or beneficial interest in the land.
He stated that the licence granted by their mother did not extend past her death when the property was transferred to his sister.
“The Court therefore concludes that any permission originally enjoyed by the Defendant did not survive as an irrevocable right merely because of his continued occupation after the death of the deceased,” Justice James said.
He stated there was no evidence that their mother gave a clear or unequivocal assurance amounting to a promise of ownership or permanent occupation.
He found that the structure constructed by Parris amounted to a chattel as it could be removed from the property and placed elsewhere, albeit at a cost and with some inconvenience.
“ Any expenditure incurred by him must therefore be balanced against the very substantial benefit received from decades of occupation without payment of rent,” Justice James said.
Justice James rejected claims that it would be unconscionable to evict him after he had lived at the property for his entire life.
He said he believed Parris-Hernandez and her husband’s evidence over Parris’ behaviour.
“The Court does not consider that the Claimant should be permanently deprived of the use and enjoyment of her land merely because she permitted her brother to remain there for many years following their mother’s death,” he said.
As part of his judgment, Justice James ordered Parris to pay his sister $500 a month in rent for the period he continued to occupy the property after receiving the eviction notice and while the case was being determined.
He also gave Parris 90 days in which to remove the structure and his personal belongings. He was also ordered to pay $14,000 in legal costs to his sister.
Parris-Hernandez was represented by Jean Paul Lamont and Sellisa Minott, while Allison Woods and Alicia Penambolam represented Parris.
