Boundary dispute gets resolution
Dear Claudienne,
I have had an outstanding subdivision matter before the court since 2021, which cannot be concluded until we get a response from the Kingston and St Andrew Municipal Corporation (KSAMC). My lawyer has written to the chief executive officer, on several occasions, and visited the KSAMC office in person in order to get a response. The CEO has not responded to any of the correspondence.
Several court dates have been set to conclude the matter, but this cannot be done until we get a response from the KSAMC. We are now at a standstill. I recognise that you have been very successful in resolving difficult situations with many government entities and am therefore reaching out to you in the hope that you can get a response on my behalf.
PB
Dear PB
Tell Claudienne has been in communication with the CEO of the KSAMC in respect of your concerns and notes that on May 17,2023, he sent your lawyer the following email:
“Please accept my sincere apologies for the length of time in responding to this missive and rest assured that our offices are seeking to expedite this matter, as we are aware of the inconvenience that both you and your client would have endured whilst awaiting action.
Our technical team will be dispatched to conduct the necessary assessments and shall provide comments and recommendations in order to close this matter.”
On June 13, 2023 your lawyer wrote the following letter to the head of the engineering department at the KSAMC:
“We are applying for a modification of a covenant on the title. This requires a no-objection letter from the KSAMC as the Town and Planning Authority raised concerns about a concrete wall that essentially projects onto the road boundary. Based on the time that the wall has been on the location the law states that it is now the accepted and actual boundary.
The attached letter is self-explanatory. It was written from December 6, 2021 and has, to date, not been addressed by the KSAMC. While I understand that there are many matters before the KSAMC, we truly find the behaviour of the KSAMC to be deplorable and disdainful in the circumstances, given the passage of time, and the fact that the matter is not particularly complex.
I understand that the matter has been transferred to your department. I am therefore seeking your urgent assistance in completing this matter quickly. We have been to court on numerous occasions, and have had to indicate to the court that there has been no word from the KSAMC. In fact, KSAMC has been ordered to attend court and has defied the court’s orders by simply not attending.
I am asking that this matter is addressed urgently, as over a year has passed, and there has been no response.”
Tell Claudienne notes that in September you informed the column that the matter had been settled. You said that your lawyer met with the head of the KSAMC Engineering Department and reached an agreement in respect of the concerns voiced by the Town and Planning Authority about the concrete wall.
We wish you all the best.
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