HomeBreaking NewsCCJ Overturns Belize Court of Appeal Decision in Riparian Rights Dispute

CCJ Overturns Belize Court of Appeal Decision in Riparian Rights Dispute

CCJ Overturns Belize Court of Appeal Decision in Riparian Rights Dispute

CCJ Overturns Belize Court of Appeal Decision in Riparian Rights Dispute

The Caribbean Court of Justice (CCJ) has ruled in favour of New Deal Limited (“New Deal”) in a land dispute concerning riparian rights along the Belize River. On Thursday, March 6, 2025, the CCJ set aside the decision of the Belize Court of Appeal and reinstated the original ruling of the Belize Supreme Court, which had dismissed claims made by landowner Arturo Matus.

Riparian rights refer to the privileges of waterfront property owners regarding access and use of adjacent water bodies. The case centred on whether Matus, the owner of Parcel 4105, could claim such rights despite the presence of Parcel 5031—owned by New Deal—lying between his property and the river.

The Belize Supreme Court had determined that Matus lacked riparian rights, as his property did not directly border the river. However, the Court of Appeal reversed that decision, ruling that the creation of Parcel 5031 was a mistake and exceeded the legal authority of the Registrar of Lands. The appellate court ordered modifications to the Land Register, imposed a permanent injunction, and awarded Matus damages for trespass and constitutional violations.

In its judgment, the CCJ concluded that Matus did not meet the legal requirements for riparian rights, reaffirming that such rights only apply to landowners whose property directly abuts a natural watercourse. Since Parcel 4105 did not have direct river access, Matus’ claim was invalid.

The CCJ also found no legal basis for declaring the creation of Parcel 5031 a mistake. Since Matus did not own the portion of land adjoining his parcel, the inclusion of that land in Parcel 5031 did not warrant changes to the Land Register. Likewise, the CCJ rejected the notion that the creation and transfer of Parcel 5031 to New Deal were void or unlawful, and it overturned the award of damages for trespass and constitutional breaches.

Additionally, the court dismissed any implied right of access through Parcel 5031 to the Belize River, noting that Parcel 4105 could be reached via public roads and other land owned by Matus.

 

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