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May 17, 2006

Comments

Elaine

Are they still building and fighting about the land...has this all been settled?

larry smith

In 2006 the Bahamas Supreme Court issued an injunction against Michael Fothergill, Billy Wayne Davis, Rum Cay Ventures, Newport Harbour and others.

The injunction restrained these defendants from selling and/or subdividing a 67.5- acre piece of vacant land known as Murray's Camp, and another 15.5-acre tract to the west of the salt pond - both to the east of Port Nelson on Rum Cay.

Richard Lightbourn of McKinney, Bancroft & Hughes had filed for the injunction on behalf of a Bahamian company called Tara Ltd, whose predecessors in title obtained Certificates of Title from the Supreme Court in 1988, through descent from one Mary Dorsett.

Tara is owned by Andrew MacTaggart of Nassau.

As noted above, Rum Cay Ventures, together with John and Maria Demming, then filed a counter suit seeking to have Tara's ownership claim set aside, on the ground of fraud. A ruling on this dispute was issued late last year by Supreme Court Justice Anita Allen.

That ruling struck out the counterclaim, restrained Rum Cay Ventures and others from trespassing on the properties in question, and awarded costs to Tara Ltd.

The court further declared that:

1. The June 18, 2002 conveyance from Merrill and Raymond McDonald to Rum Cay Ventures is null and void to the extent that they purport to convey an interest in the above-mentioned properties.

2. The May 28, 1987 conveyance from Merrill and Raymond McDonald to Newport Harbour is null and void to the extent that they purport to convey an interest
in the above-mentioned properties.

3. The October 29, 1996 conveyance from Douglas Kinney, Donald Scott and Don Major to Newport Harbour is null and void to the extent that they purport to convey an interest in the above-mentioned properties.

4. The July 5 2002 conveyance from Rum Cay Ventures to John and Maria Demming is null and void.

5. Interlocutory judgment for damages for trespass be entered against Fothergill, Rum Cay Ventures and Bob Pope.

The order has a penal notice attached to it, so failure to comply constitutes a contempt of court.

This should send a signal as regards the other properties in contention on Rum Cay, since these conveyances are at the heart of all the land disputes on the island. The McDonald's claim to the land was based on a bequest in the will of Effie Knowles.

But people are inclined to believe what they want, and where they have paid hard-earned money for a property they want to believe that their title is good.

SeaTall

Folks affiliated with Billy Davis, Newport Harbor etc are also subdividing and selling land west of the Montana property. Is there also an injunction to prevent them from selling this land, or is there title to the Nesbit Point land legitimate?

patricia nesbitt

we are aware of all our lands in Rum Cay. Remember a Will always stand. We are waiting for them to build so that we will not have to build but just move in lol .God said he will give me houses that i did not build.... and God never lye............... so i will be moving in soon.

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