Embarrassing conundrum hits Portland families
Published:Monday | February 26, 2018 | 12:00 AM
When husband-and-wife team Christopher and Diana Logan filed a writ against brothers Michael and Wilburn Cruickshank for recovery of a house in Windsor Forest, Portland, which they had supposedly purchased through Scotiabank Jamaica, they did so under the notion it would have been a slam dunk.
Subsequent information revealed, however, that the contentious house could not have been sold, as it has no title, nor should have the land on which it sits, as it is not registered.
That bit of information has caused convulsions for the Logans, who have since filed a Notice of Discontinuation in the Supreme Court.
"We had to stop the court proceedings because we learnt that neither the house nor the land has titles. Which begs the question, how could the bank advertise them for sale?" the Logans' lawyer Jenene Laing said.
Her clients have, in turn, begun the process of suing Scotiabank for $34.25 million in damages. The house is said to value $10.5 million.
It has become a major embarrassment for both families. But for Wilburn Cruickshank, it is something he and his brother are still trying to understand.
"How could the bank put up the house up for sale without holding the title? The contested land is a little up the way from here," he said, pointing to a section of land off in the distance.
Cruickshank contends that the property, as advertised by its folio number, constitutes farmlands only, and has no buildings or dwelling houses on it.
"To me, it look like the survey was done on the wrong property," he reasoned, hence Scotiabank subsequently advertised his house for sale.