Housing standoff: Trespassing on the rule of law

The tribulations of the children of Anna Evans, the Department of Environmental Health worker who disappeared more than three years ago and has never been found, continued over the weekend.

The five children, who are now being looked after by their aunt, are facing eviction from their home.

When children face hardship, it is understandable to ask questions such as, “How could this happen?” and “What can I do to help?” Indeed, a number of caring residents started a collection to help Ms. Evans’s sister. It’s heartwarming to know there are kind people willing to help others in need, especially in circumstances such as these.

However, perhaps lost in the emotional plight of the Evans children is the fact that many other families are living on the property, and for these people, the story line is not so much about tragedy and hardship, but about the stubborn occupation of someone else’s private property.

Whatever their reasons for doing what they’re doing, the salient point is this: There is a legal and binding court order instructing the occupants to leave the premises, but they are ignoring it. What’s more, the court order was issued almost two years ago, so it’s not as if the occupants haven’t had time to find alternative accommodations.

At the core of this issue is the rule of law. If people are allowed blatantly to ignore or flaunt laws and decisions of the court, it undermines the fair and effective functioning of both the judiciary and society. Laws must be enforced and applied evenly if a society wants them to be respected. Otherwise the rule of law is degraded and demeaned.

The right to private property is a fundamental right that is held dear in the Cayman Islands. Even the most devout among us would not take kindly to someone’s occupying our property without our permission, but that is exactly what is happening on the George Town property occupied by the Evans family.

The current owner of the property paid a fair sum for the property and money was exchanged. What he wants to do with the property now is immaterial because it is his to do with as he pleases, within the scope of Cayman’s Development and Planning Law and other relative laws.

Cayman’s Registered Land Law guarantees title to a property to the registered owner, except where that owner obtained the registration by fraud. Previous claims, familial or otherwise, have no effect on the title. This law has made Cayman a safe place for real estate purchase and investment, something that has played a key role in the development of the country. There is no provision in the law granting squatters’ rights, and there’s no exception in the law for instances of hardship.

As sad as the situation is with Anna Evans’s children and what they’ve had to endure in their young lives, the adults in this drama must take personal responsibility over their lives and find alternative housing. Whether they do so with their own resources, those of government, friends, family or kind strangers is not for us to determine.

What we will say, however, is that they must obey the court order – and that means vacating the premises immediately.

If they refuse, then the police must take decisive action and enforce the laws against trespassing. To do otherwise will send a message that anyone can flaunt a legally binding court order with impunity and without consequence. No nation can afford to send that message.