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Submitted by LegalEagle

Let us strip away the politics and emotion from this transaction, instead we must focus and discuss the facts.

Allan Kinch
Allan Kinch

David I have been following the Savvy issue from its onset. I have read the documents supplied by Ms Sarah Taylor, which in my view need to be discussed in simple terms and without prejudice. The public needs to understand the facts of the issue and dismiss red herrings that may be floated by parties.

First let us start with what was bought by Mr Kinch for the $4 million Barbados dollars. Listed below are the lot sizes taken from the conveyances provided by Ms Taylor (1 sq m equals m2)

Lot A 4873.9 m2

Lot B 5254.9 m2

Lot C 1749.2 m2

Total 11878 m2

Keep in mind 1 sq m (m2) is 10.764 sq feet therefore the total area made up by the 3 lots translates to 127,854.79 sq feet. Hence with a purchase price of BBD$4 million, Mr Kinch was paid $31.28 a square foot plus legal fees. Those are the facts and I have attached the 3 signature pages of the signed conveyances to confirm the numbers. These were based on the surveys done by Mr. Ken Ward and accepted by the board of Barbados Tourism Investment Inc (BTII) to which the directors in seat signed off.

For those not familiar with conveyances for land, these would also include the buildings on the said lots. As a result the BBD$4 million included the eye hospital and the building south of it. These buildings would have a floor area of around 410 square meters, so even if you valued them at $250 a sq ft, below would be the building value.  

Building 410 sq meters to sq ft = 4413.24 sq ft x $250.00 a sq ft would give the buildings a value of $1,103,310.00 approximately. 

In summary Mr Kinch paid $4 million for 127,854.79 sq ft of beach front land which breaks down to $31.28 a square foot, while getting buildings worth approximately $1,103,310.00.

Is there a good argument for deal above to be the basis of any future purchases by the state,  bearing in mind what was paid by the buyer? Added to this must be additional cost to Mr Kinch, for example interest bank cost an other expenses borne for the period of ownership. Cost however for amounts spent by him to develop the area being acquired cannot be billed to the state, as these would have been done without planning approval and hence would be deemed as illegal development by the state not fit for purchase.

Let us strip away the politics and emotion from this transaction, instead we must focus and discuss the facts. Ms Taylor has supplied a considerable amount of information that needs to be broken down and discussed sensibly.

Source: Barbados Today 0571072023

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103 responses to “Savvy’s true cost”


  1. @Legaleagle

    Yet Taylor is stating they should be paid more than $100/ square foot for the lands ?

    He wants triple his money in under five years???


  2. @ David

    Well based on the article sent to you by an attorney we now at least know the true cost of the land bought by kinch. If the vendors are pushing for settlement then there is a benchmark at which discussions can start.

    I really dont mind who ends up with it but not at $31.28 a square foot that is madness! I see the DLP making noise saying it is kinch’s land, but they should be ashamed to open their mouth on this. After all it is your party that gave it away to begin with!


  3. @John A

    What rule of thumb do you suggest for Bigworks to determine final price? Should Miss Ram’s transaction be used as a reasonable price point?


  4. There is a sad reality how these kinds of transactions are completed. A little bobbol with the inevitable politics always has to be in the mix.


  5. @John A… “After all it is your party that gave it away to begin with”!

    Said tongue in cheek, I hope. Gave it away? Some gifts come with perks.


  6. @ David

    I think the issue with Mrs Ram’s sale is different to this. The land bought from Mrs Ram was privately owned land she held for decades and it was hers to sell at a price she thought fair. The government in this case was buying land from a private citizen.

    In the the savvy case we now know what kinch paid for the land he bought from government under questionable conditions, so the buy back can not be viewed the same was as the Ram sale.

    You looking here at paying kinch back his cost and carrying expenses for the period of ownership and thats it. If that formula is used he really would be owed no more than around $46 a sq ft. It really depends on what road the AG goes. He does not have a case though for asking $100 sq ft and that is for sure now.


  7. @ David

    Based on what the attorney outlined in the article it seems like BTII may have agreed on a price BEFORE the final survey was done. If that occured that was a major point of question and one would have to ask why? How could you sell a piece of land and not know what size the lots were and why would you do it?

    The surveyor it seems then came up with his measurements and they were used in the conveyance which clearly occured after the BTII letter went out to kinch accepting his offer.

    Nothing about this transaction was normal and it has all now come to light.


  8. @ fear play

    Well I dont know what happened but the facts now dont mesh with the stories we were given earlier by some.


  9. This whole saga is indicative of how BLACK people have been taken advantage of for years. Based on the figures just posted, not only does Kinch want to get away with having “obtained” the Land (NOT THE bEACH) at an inordinately LOW price, but he wants to be paid over 100 times the value now, and wants to have added on, the Beach land; on which Vendors are now paying rents for; the Beach Land wqas NEVER INCLUDED IN THE PURCHASE, and there is No accounting to BRA for the rents paid. There was NO Town Panning approval for the change of USE, and additional construction, no recompense for the destruction of a National Trust Designated Building of Historic interest and so on. As I said there MUSY BE a Public inquiry, and a Judicial discussion and decision as to the future use of these properties…not including the Beach that MUST NEVER BE SOLD TO SUCH COMMERCIAL USES.


  10. As said earlier: “Nothing about this transaction was normal and it has all now come to light.’
    IT WON’T ALL COME TO LIGHT UNTIL THERE IS A FULL INQUIRY AND JUDICIAL DECISION…GOING RIGHT THROUGH THE ENTIRE LEGAL PROCESS.


  11. When has a full inquiry sponsored by government into any public matter resulted in satisfactory disclosures?


  12. @John A

    You are now getting to the meat of this matter.

    You are assuming though, it is a given he owns the property as is stated in the conveyance.

    The planting of Coconut trees was an attempt by Kinch to see if he could ‘sure up’ his area.
    That failed miserably.

    He uses small businesses to garner sympathy, that didn’t work either as the Boss lady has said they can stay

    Sarah Taylor speaks about beautifying the place , but back pedaled because she admitted they had NO permission.

    We are still waiting on her new revelations and the lot, lot more she can say

    You are 100% correct, nothing about this transaction was done correctly and it has now come to light.


  13. @Conflicted

    Previous and current governments have served to complicate this issue for the public. Now we have this exposé which serves to widen public trust in government. This matter has dragged on too long. Prime Minister needs to tear herself from her international itinerary and close the issue in as much as she has control. Let Kinch go to court if he see that as a viable option.


  14. @David

    I believe the PM is smart to not speak too soon.
    Each day more is revealed. When she speaks no one will have any comebacks.

    Kinch appears to be comfortable in a courtroom and it would not be the first time in a courtroom pertaining to this matter but word on the street suggests if he does take this to court it will be with his new Attorney


  15. You are 100% correct, nothing about this transaction was done correctly and it has now come to light.
    ~~~~~~~~~~~~~~~~~~~~~
    Surely this is an inditement of Government and their inept agencies MUCH more so than it is of a typical white Bajan looking for handouts…

    This kind of largesse handed out to certain groups is more than par for the course bout here….
    …it is what made COW, Simpson, Bizzy, Sagicor, and practically every other such ‘businessman’ bout here – perhaps with the exception of the few true professionals among them.

    This WHOLE shiite place is in need of a bush bath…. starting at the VERY top.


  16. @ David

    It would not pay kinch to take this to court as he clearly now has only paid $31.28 a sq ft. The court will take that apply a factor for his 5 year ownership and say that is the price. He needs to settle this with the AG outside of court and use moral suasion. Pick you battles carefully in other words.

    As i said this is not a case like Mrs Ram who owned the land for decades and paid taxes on it for all that time.


  17. @John A

    It is not Kinch’s fault the buildings were included on the plot, one property guarded by national trust designation. There is some grey with this transaction to negotiate away. There is a reasonableness to Kinch’s attempt at easement.


  18. @John A

    You speak as what a sensible person would speak.

    But at this stage the only option for Kinch is to threaten a suit and hope he finds a sympathetic ear in the Courts.

    You heard the saying ‘wrong and strong’??

  19. William Skinner Avatar

    Everyday, Sir. Grantley Adams’ words ring true: bajans have short memories We recall the Barak building fiasco. The dubious affair went to arbitration and the then government refused to honour the settlement. The next government was then made to pay several times more. To this very day ,taxpayers are paying $10 000 000 per year rent for that building. We are now hearing it has several design flaws and so on.
    Then we recall Greenland. Simple advice was ignored ; Grennland turned out to be a multi-million dollar blunder.
    Most recently we the taxpayers had to bail out CLICO and to this day there has been no clear understanding of what or how that will eventually be resolved in the taxpayers interest.
    Not one Minister has ever been put in the well of Parliament and asked to give an account of blatant squandemania.
    We can pretend and cherry pick as much as our political hearts desire but these two political parties have knowingly and collectively squandered millions upon millions of taxpayers money and other resources.
    Ansswer/Solution : blame the public servants.


  20. @ David

    Normally in the real world this is what should of happened.

    The survey would of been done BEFORE the offer was accepted and not years after. A valuator would then of taken the survey and fixed a price on the square footage then added to that the value of the buildings on it.

    No where have I ever heard where an offer is accepted without the seller knowing exactly what he is selling. Then the seller leaves it up to the buyer’s surveyor to decide what are the land areas. Remember Ward has worked for kinch for decades but only for BTII once apparently.


  21. @John A

    Curious to know if Stuart Layne is still active? Was Cummins the Chief Town Planner when this deal was done?


  22. @ David

    Well we cant blame Cummins because remember he would of only acted on the information supplied. Once BTII agreed on these surveys the only thing TCP would be concerned with really, would of been the high water mark and such issues.

    This all falls between BTII and kinch and their parties involved. There is no other scapegoat here that can take the fall.

  23. NorthernObserver Avatar
    NorthernObserver

    WS
    You may add CBL? And given the Board, save the Secretary (King) were all senior public employees, affix similar blame. All and sundry were bailed out.


  24. I find myself at odds with some of the thinking here.
    Let me exaggerate a little so as to drive my point home
    If I own a piece of land that I bought at $31.00/ sq ft can I not ask ‘potential buyers’ $1M /sq ft? It might be a crazy number, bur I may find a crazy buyer.
    This request could be the backend of a scam – the big payoff.

    The main problem here is that we are trying to fit a normal outcome to what was possibly a fraudulent/scam/corrupt scheme. With the vaccine scam, we were spared this discussion of the cost to the purchase the vaccine as that scheme fell apart in the very beginning.

    The greatest danger to Barbados is not the crooked politician police or lawyers, but it is common citizens who are watching a crooked fight and want to apply the Marquess of Queensberry rules. Evil thrives on the silence and complicit agreement of “good men”


  25. La da di la da, la da li la da.


  26. @ Theo

    Exactly. Well said and that is why i said you cant compare this to the Ram sale. This is a totally different animal where land was bought from government way under market value, owned for 5 years and now being bought back by government. The seller is entitled to the $31.28 a sq ft plus the cost he carried for the 5 years of ownership. He also is entitled to nothing on the improvements either as they were not approved by TCP.

    In the meantime he is collecting rent from roughly 10 food trucks at I dont know, maybe $1400 a month or there abouts, if we base it on what others are paying elsewhere.


  27. @ Legaleagle

    What does the accretion issue have to do with this sale. Or how does it impact the significant difference in the land size allegedly purchased by Kinch and sold by BTII ?

    In one or some of the documents supplied I am seeing it mentioned.

  28. NorthernObserver Avatar
    NorthernObserver

    The value of land, in this case waterfront land, is based upon linear frontage to the water body, usable land area and zoning [or permitted usage(s)].
    Existing structures, unless in occupable repair, are of no value, esp where the structure is protected, in this case for historical relevance.
    The battle herein, lies less with the sq.ft measurements than the permitted usage(s).
    I also ‘believe’ that post tender Kinch was requested by BTII to pay an extra million, which ‘maybe’ related to difference in land measurements.
    The tender requested both a monetary bid AND a development proposal. Therein lies an implied (if not specific) land usage.
    I suspect this is where the legal doctrine of “specific performance” enters the picture, to protect the ‘expectation value caused by the development proposal’.
    In other words (I think), allowing the prior seller to reacquire the land at prior selling price + expenses. And without incurring damages.
    This is where I previously suggested any buyback of the land must be accompanied by a covenant excluding development of any kind for 35 years. This to preclude any GoB from ‘changing their opinion on land usage’ of the lots in question, without compensating Kinch.
    Kinch gets what he paid + expenses (legal and carrying costs) and a beneficial covenant.


  29. Kinch was asked for $1million more. That means his offer was $3million plus $1million in addition to totaling $4million as per conveyance.
    A steal at best !

    $31.28/ sq ft for Beachfront lands anywhere is a crime


  30. If you have been following Trump’s New York case unfold you would have seen that the judge used a figure of $18 million to value Mar A Lago in determining whether Trump committed fraud. He made that ruling before hearing anything, just based on written submissions.

    However simply googling the value we see as the Judge can see that Forbes has this to say.

    Big Number. $325 million. That’s how much Forbes estimated Mar-A-Lago is worth as of September, though we peg its net value at $292 million after deducting roughly $33 million in debt, according to its financial history and information from real estate experts.3 days ago

    The judge is out bigly and by a factor of 200.

    The judge is not in the Commercial section and does not deal with commercial law.

    What he did was to value it as residential and ends up looking like an idiot.

    Valuers in Palm Beach are perplexed by the judge’s valuation.

    https://nypost.com/2023/09/27/donald-trumps-mar-a-lago-worth-at-least-300m-sources/

    Trump values it at $1.5 billion to embarrass the judge who is out of his depth on commercial valuations.

    The same principle operates here.

    The GOB sold a derelict building and some beach land at $31.28 per square foot with no commercial undertaking on it.

    Mr. Kinch obviously had a business plan and is now well into (almost 10 years) the development of his commercial enterprise on the formerly derelict building and some beach lands.

    The GOB wants to take back the property, but its worth has clearly appreciated, perhaps significantly.

    It has to pay for two things now, one of which is the commercial use of the property of which it seeks to deprive Mr. Kinch.

    The constitution is quite explicit: It provides Mr. Kinch with protection for the privacy of his home and other property and from deprivation of property without compensation;

    Property is not only measured in square feet.

    What is the value of his commercial undertaking?


  31. My friend, the judge did not make an independent valuation of Trump’s property. Two things. (1) How is Trump relevant to Savvy? (2) Why do you attempt to distract from the substantive topic to focus on some irrelevant shiite about Trump?


  32. @ Conflicted

    Yes the word accretion has come up on this issue and plays a significant role in these conveyances.

    So simply put accretion is a natural phenomenon wherein sand builds up on a specific beach or area over a period of time. In other words the width of the beach increases, hence creating a larger area of sand between the water and existing properties. One would hear for example that beach A had an accretion factor of 30% between 1990 and 1999, meaning the properties on that beach would all have gained a wider beach by roughly 30% over the period. It also as a result increases the distance between the properties on the said beach and the high water mark.


  33. I think at least that is what is meant here in this case. The family has a small piece of beach land in the north and that is what was explained to me by a family member who deals with these issues.


  34. Thing is though that I would like someone to explain is who determines the high water mark? So if you have bad weather and the sea comes way up does that become the high water mark?


  35. The judge who is not in the commercial division and does not deal with commercial law used a residential valuation which is used for tax assessments.

    The same shit exists here.

    It isn’t only that sea level has fallen and the lands are now bigger, it is that Mr. Kinch has a commercial activity as well and its value needs to be considered as well.

    The value is now made up of 3 components the biggest of which is not related to square feet.


  36. If you think this is crap, check this one!!

    NEW SCHOOLS
    GOV’T TO ACQUIRE LANDS AT OLD URSULINE CONVENT, CHELSTON PARK TO BUILD TWO EDUCATIONAL INSTITUTIONS
    By Sheria Brathwaite
    Government will be partnering with an international nonprofit organisation to build two new public secondary schools.
    Prime Minister Mia Mottley announced on Thursday that her administration will be acquiring lands at Chelston Park where RBC Royal Bank (Barbados) is based in Collymore Rock, St Michael and the nearby Ursuline Convent School to establish the two learning institutions.
    She was speaking at the launch of education transformation proposals at the Lloyd Erskine Sandiford Centre.
    Although she did not disclose many details about the project, she said: “The partnerships will come with entities outside of Barbados as we have already established with XQ [Institute], who have agreed to build the two new secondary schools for us, once the government provides the land as we have already started to do. Purchasing the site of the old Ursuline Convent and purchasing the site at Chelston in order to build a school that is focused also on preparing students in the specialist areas of the blue/green economy, should that be the wish of Barbadians,” Mottley said.
    She said the partnership will also come with a twinning of the Erdiston Teachers’ Training College with an Ivy League school “to be able to ensure that the capacity constraints of Erdiston and Barbados, with a declining population, do not undermine our ability to [reform education] . . . .”
    XQ Institute is a non-profit organisation based in the United States that develops programmes to improve high school education. It was launched in 2015 and it aims to improve the learning experience of children.
    With the aid of that entity, the two schools will be erected as part of the government’s education reform process.
    Mottley said this was important in the development of Barbados as it was a significant step in the decolonisation process and getting rid of a class system that excluded the enfranchisement of all Barbadians.
    She encouraged Barbadians to come out to the various public forums to discuss and share their thoughts on the proposals, acknowledging that some aspects of the plan were controversial.
    “Eighty per cent of what you heard is not controversial.
    There may be a few that will be controversial and that we need to discuss as a mature nation and a mature people,” the prime minister said.
    She added that the reformation process would also seek to address a number of inequities in the education sector.
    Mottley identified one of these as “the disparities between the pay of principals at the primary and secondary [level]”.
    Noting that consultation on the proposed reforms was done with the Democratic Labour Party (DLP) and an offer was made for them to participate in the management of the new school system, she said the transition was not about politics but about the advancement of the future of Barbados.
    “I thank the ministry also for consulting with the opposition . . . . I am ensuring that the offer to participate equally be made to the opposition in the management because a time will come when this country will have different governments and different people,” she said.


  37. It isn’t Savvy’s true cost that is at issue, it is Savvy’s true value.

    Square feet and high water mark are utterly irrelevant.


  38. Brilliant analysis by de big O!!
    Many of the general comments reflect a mentality that is in sync with the clearly crooked key players in this, and the many other similar Government schemes.


  39. There’s something wrong with us black folks. We have an island that is barely 166 square miles. The old saying you cannot make land is not a literal truism. However, we all can understand the sentiment behind this phrase.

    I struggle to understand how a group of people on such a tiny patch of land have consistently failed to manage and become competent custodians of their soil/land. Their ancestors toiled and shed blood for this land. Yet, many on the rock, have not save guarded their “patrimoine”. Their descendants have become docile, lazy and refused to take on the responsibilities of becoming the TRUE custodians of their father’s land. Respective governments have aided and abetted the whole sale looting and selling of the people’s land to foreigners and minority stakeholders. No decent black government should permit the sale of land, unless it is by leasehold.

    Now we have another unsavoury dispute being played out by a foreigner and our morally compromised government. This case is endemic throughout our entire region. It is about land and who gets to own it and who can maximum returns.

    Our minority friends get it and they are doing a fine job. Soon, very soon, you will not even be able to find a burial spot for future generations.

    Under Barrow, we were always doomed to remain as third class citizens. The minority groups have always taken precedent over blacks.

    https://www.timesofisrael.com/barbados-a-centuries-old-jewish-haven-for-relaxation-and-refuge/

  40. NorthernObserver Avatar
    NorthernObserver

    A “steal”?
    Only if one can construct something which will yield higher returns.
    As a car park? The $4M is expensive. Unless you choose to hold the land and ‘hope’ use can change.
    Since I think the same CEO at BTII is still there, any concerns over price should be directed to him?


  41. @ John

    I going to ask you one question and its a yes or no reply.

    Do you think the $32 a square foot the government was paid represents a fair market value for beach front land and buildings at this stage of our economy ?


  42. John A on October 6, 2023 at 4:09 PM said:
    2 Votes

    @ John

    I going to ask you one question and its a yes or no reply.

    Do you think the $32 a square foot the government was paid represents a fair market value for beach front land and buildings at this stage of our economy ?

    +++++++++++++++++++++++++++++++

    No.


  43. So why do I say no?

    A 2 acre beachfront property belonging to Kingsland reportedly sold for $12 million in 2007, reportedly resold 6 months later for $18 million and was then advertised for $25 million!!

    That is after the court decided the entire 1,041 acres of Kingsland was worth $12 million!!

    Shades of Judge Engoron and Trump in New York.

    However, all 9 releases required for it to be sold without encumbrances were never given.

    The title is defective.

    The title schedules of all Kingsland’s lands were all changed by QC’s at the time and have the imprimatur of the “big guy”!!

    The old solicitor who set up the company in 1958 according to standard usage advised all parties as follows: “All must sell or none can sell”!!

    The Real Estate market is both discontinuous and riddled with absurdities depending on who you are.


  44. So, in 2007, beachfront land, not even as prime as Savvy, was going for between $120 and $250 per square foot.

    $32 per square foot is absurd, but absurd is ok once there is a willing buyer and a willing seller.

    Land on the Highway as you approach Warrens from the Hothersall side, I have seen advertised for $80.00 per square foot a good few years ago.


  45. I agree with you but where I differ is the seller here is government which is you and me along with 275,000 others. That is different to if 2 private people got together and arranged a sale.

    Also in your experience when has a letter of acceptance been sent to a buyer before the survey is done? So the seller has agreed to a price and does not even know the size of the parcels he is selling?

    Old people always said what start wrong does end wrong.


  46. GOB is corrupt as hell.

    What was paid for the beachfront property at Paradise also known as Four Seasons?

    Somebody gone wid de deeds!!


  47. I agree with you but where I differ is the seller here is government which is you and me along with 275,000 others.

    ++++++++++++++++++++++

    Who tell you so?


  48. The Jews and the Palestinians collectively know of the importance of safeguarding their lands. Whilst we in Barbados appear consumed with the price per square foot of selling land rather than understanding the value of land.

    Barbados green monkeys are being exported out to China for meat and other developed countries for scientific experiments. Whilst the third class black monkeys may find themselves without land in the near future. Let’s hope that their future will be more prosperous in foreign territories. Just as it has been for Barbados minority groups.


  49. What Mr Kinch Bought According to Conveyances Prepared by TAMMY L BRYAN Attorney-at-Law Of George Walton Payne & Co. The same Law Offices of the AG was as follows

    Please look at the documents don’t just read hearsay. They are available for your own viewing at https://www.barbadosfairnessandtruth.com/post/document-relevant-to-purchase

    THE SCHEDULE HEREINBEFORE REFERRED TO
    ALL THAT land situate at Bay Street in the parish of Saint Michael in this Island formerly said to contain by admeasurement 2470.2 square metres but which was found by recent survey to have increased in area by accretion due to the recession of the sea to contain 4873.9 square metres or thereabouts Abutting and Bounding on a pavement which forms part of a public road known as Highway 7 on a public access 5 metres wide on the Sea and on other lands of the Barbados Tourism Investment Inc. or however else the same may abut and bound as shown and delineated on a plan certified on the 30th day of September, 2019 by Kenneth D. Ward, Land Surveyor.

    THE SCHEDULE HEREINBEFORE REFERRED TO
    ALL THAT certain piece or parcel of land situate at Bay Street in the parish of Saint Michael in this Island formerly said to containing by admeasurement 1260.2 square metres but found by recent survey to have increased in area by accretion due to recession of the sea to contain 1,749.2 square metres or thereabouts Abutting and Bounding on other lands of the Barbados Tourism Investment Inc. on the Sea on lands of Carlisle Investments Inc. and on a pavement which forms part of a public road known as Highway 7 or however else the same may abut and bound as shown and delineated on a plan certified on the 30th day of September, 2019 by Kenneth D. Ward, Land Surveyor.

    THE SCHEDULE HEREINBEFORE REFERRED TO
    ALL THAT land situate at Bay Street in the parish of Saint Michael in this Island formerly said to contain by admeasurement 1828.6 square metres but which was found by recent survey to have increased in area by accretion due to the recession of the sea and to contain 5254.9 square metres or thereabouts Abutting and Bounding on a public access 5 metres wide on the Sea on a public drain 1.4 metres wide and on a pavement which forms part of a public road known as Highway 7 or however else the same may abut and bound as shown and delineated on a plan certified on the 30th day of September, 2019 by Kenneth D. Ward, Land Surveyor together with the building thereon.

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