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The Curious Case of NSV VS. BTL
posted (December 13, 2016)
And one more land dispute that's gone to court has to do with another Vega family member.

It's Vega's nephew Nestor Hernandez, the former Deputy Lands Commissioner who was terminated in 2014. He and his wife Susanna co-own a company named NSV Enterprise. The company is now locked in a legal battle with BTL over this piece of land in Hopkins Village. We understand that BTL was given a lease to this property, which is still valid and subsisting. The lease was granted on November 10, 2010 for 7 years, with an option to extend to 30 years. They built their phone tower and switch on it, on the clear understanding that their lease secured the property.

That's until NSV came up with a title for the same property. Document's we've seen say that in January of 2013, when Nestor Hernandez was still at the Lands Ministry, a Moses Lopez, bought the land with title for $1,000 dollars. 4 months later, he then sold his title to NSV Enterprise. Now this piece of land is the very same piece that BTL has a valid lease to, and on which they already have their very expensive phone equipment installed.

So, did the Lands Department make a genuine mistake in selling this land to Moses Lopez? Did it not do background checks to be certain whether it had already been leased? Or was it intentional, with the knowledge that, in land disputes, title trumps lease - and the phone company would have to pay up to the title owner, or pick up its equipment and relocate - which would be expensive.

Nobody can say with certainty, but BTL first got notification of NSV's title in May of last year. They refused to pay compensation to NSV's owners for use of the land. So, NSV filed a lawsuit against them in the Supreme Court. That case came up yesterday afternoon, where Acting Solicitor General Nigel Hawke showed up on behalf of the Attorney General Ministry. Other attorneys included BTL's lawyer, Magali Perdomo, and Estevan Perrera, who is representing NSV.

The hearing happened in the chambers of Justice Courtenay Abel, and when they emerged, the attorneys told us that they couldn't grant any comments. That's because the attorneys for BTL and the Government are attempting to negotiate an out-of-court settlement. If they can't do that, NSV's lawsuit against BTL then moves on to the next phase.

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