President of the Bahamas Real Estate Association (BREA) Carla Sweeting said years of abuse means the controversial Quieting Titles Act needs to be amended, but she said the intent of the law is "honest".

A high-profile case in the Court of Appeal has landed the legislation on front pages yet again, with a justice of appeal suggesting that the Bahamian judicial system is vulnerable to being used as an "unwitting pawn" in the commission of real estate fraud. Justice Stella Maureen Crane-Scott warned that the Quieting Titles Act was effectively being employed as a tool to steal land, given that "material facts" relating to title applications are often hidden from the courts.

Crane-Scott's position is not a new one. In fact, in December 2012, the Privy Council, the London-based court of highest appeal for The Bahamas and other Commonwealth nations, worried that the act could be used to steal land. The law lords said it was "no accident" that the council has heard numerous title disputes from The Bahamas.

Sweeting insisted that while there is a need for the Quieting Titles Act, it should be amended because of the abuse it has taken over the years.

"I think there are loopholes in this act that probably need to be corrected," she said.

However, Sweeting said the overall intent of the act is "clear" and "honest".

Speaking with Guardian Business yesterday, Sweeting asserted the need for a Land Registry Act

"If you had a proper land registry, there is very little need for the Quieting Act," she said.

Sweeting's comments parallel those of Shadow Attorney General Richard Lightbourn, who said the introduction of land registration would eliminate the need for the Quieting Titles Act. Lightbourn said the Quieting Titles Act was a necessary piece of legislation at the time that was introduced. However, he asserted that many persons had been defrauded through some parties' use of the act.

Xian Smith, Guardian Business Reporter

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