Over Half A Dozen Court Rulings Show Barbuda Land Belongs to the Crown, Says Senior Counsel Astaphan

Senior Counsel Astaphan Outlines Court Rulings on Barbuda Land Ownership

Senior Counsel Anthony Astaphan has traced the legal history affirming that land in Barbuda is owned by the Crown, countering claims of communal land rights often raised by the Barbuda Council and local residents. His comments come amid heightened tensions over a government-led housing project on the island.

Mr. Astaphan highlighted a series of court rulings that, he said, confirm the absence of communal land ownership in Barbuda. These judgments, he noted, establish that all land on the island is vested in the Crown under the law, granting the government authority to manage and develop it for public benefit.

“The courts have consistently ruled that Barbuda’s land belongs to the Crown. There is no legal foundation for claims of communal ownership,” he said.

Mr. Astaphan also addressed misinterpretations of the Barbuda Land Act, explaining that it allows regulated use of land by residents but does not transfer ownership. He argued that claims of communal land ownership have been “misrepresented” to fuel opposition to government initiatives.

Providing historical context, Mr. Astaphan described how tenancy arrangements in Barbuda during colonial times were often misunderstood. He explained that the concept of “tenants in common,” frequently cited by protesters, was a legal arrangement that did not confer ownership rights to residents.

“The narrative of communal land ownership is rooted in a misinterpretation of history,” Mr. Astaphan said. “It is a political myth that lacks legal credibility.”

Protests against the government’s housing project have intensified, with residents and Barbuda Council members accusing the administration of disregarding local rights and bypassing consultations. Mr. Astaphan dismissed these allegations, stating that the government’s actions align with constitutional and legal provisions.

“It is settled law,” he said. “The government is acting within its authority to clear land for development.”

The administration has maintained that consultations have been held with the Barbuda Council, though the Council has criticised the level of engagement as insufficient.

The dispute over land ownership and development has brought long-standing tensions in Barbuda to the forefront. Protesters argue that the housing project threatens Barbuda’s unique cultural identity and governance structures, while the government insists it is working to empower residents by offering freehold land titles.

Prime Minister Gaston Browne has repeatedly defended the project, calling it a transformative initiative for the island.

“The notion that the government is undermining Barbudans is not only false but absurd,” he said in a recent statement. “This project is about giving Barbudans the tools to build their future.”

As tensions persist, Mr. Astaphan urged Barbudans to rely on legal precedent rather than rhetoric. He emphasised that the government’s actions are grounded in constitutional authority, adding that political narratives have obscured the facts.

The housing project, part of broader development plans for Barbuda, remains a flashpoint in debates about governance, land rights, and the island’s future. Further consultations and legal challenges are likely to shape the ongoing conflict.

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