FAQs – Registration

An Application for the issue of a Certificate Notwithstanding the Loss of Title Deeds can be made to the Land Registry. This Application takes the form of an Application for a Certificate of Title/Charge (L.R. 5) but should also have a Statutory Declaration attached which has been signed by the Proprietor.  This Statutory Declaration should detail the loss of the title deeds and the searches completed for their recovery.  In a circumstance where information from additional parties is required, Affidavits should be registered. In most circumstances, advertisements will not be required.

Where a Certificate has been misplaced, whether a Certificate of Title or Certificate of Charge, an Application for the Issue of a Duplicate Certificate should be made to the Land Registry (L.R. 6).  The cost of this Application is $40.00 and should be supported by a Statutory Declaration and/or Affidavits detailing the loss of the Certificate and the searches conducted for its recovery. Advertisements are required.  (Section 37 of the Land Registration Act)

Under the common law system of titling, the attorneys-at-law in any matter are responsible for conducting searches against the title.  The title is extracted from the previous title deeds and a search must be completed against the owners of the specific parcel.

In the registered system of titling, the Government of Barbados is responsible for guaranteeing the title. The Land Adjudication Unit has the responsibility of conducting title searches against each parcel prior to the declaration of the parcel.  These searches extract the title for the individual parcel which is compiled into an Adjudication Record.  This Record forms the basis of the Land Register.

All dealings affecting the parcel after Registration must be entered on the Register.  However, a dealing will only have legal effect in a circumstance where the legal documentation has been filed in accordance with the Land Registration Act and its regulations. (Section 110 and section 40 of the Land Registration Act)

Under the land registration system, the Registrar of Titles has the authority to request further information in order to ensure the title to the parcel is without defect.

The Register, and therefore all Certificates issued by the Land Registry, consist of three or four sections, namely the Property section, the Proprietorship section, the Encumbrances section and the Schedule of Covenants, if applicable.

The Property Section
This section contains a description of the parcel and will state any appurtenant rights that run with the land. In housing developments, these rights usually relate to the right to access of water, electricity and other utilities and the right to pass over the roads of the development to facilitate access.

The Proprietorship Section
This section contains the name(s) and address(es) of the proprietors. A note is made in the proprietorship section of any entry which affects the rights of the proprietor. These notes will include any clauses in a Charge which restrict the proprietor’s right to use the property and any Cautions filed against the parcel.

The Encumbrances Section
The Encumbrances section contains notes of all encumbrances against the property. This section will detail any charges filed against the property. In the case of housing developments, the Encumbrances section will usually contain a reservation which will retain the right to access of water, electricity and other utilities and the right to pass over the roads of the development to facilitate access for the other owners of the parcels in the development.

The Schedule of Covenants
The Schedule of Covenants is usually found in parcels which are located within housing developments. This Schedule details the restrictive covenants both restricting the use of the parcel (encumbrances) or from which the parcel benefits (property). The restrictive covenants restricting the use of a particular parcel must be adhered to by the owner of that parcel. The restrictive covenants from which a particular parcel benefits are those which must be adhered to by the owners of the remaining parcels in the specific development. These covenants are created by the developer with the intention of preserving the character and value of the individual lots within the housing development.

Although all dealings with the parcel should be entered onto the Register, the Certificates issued by the Land Registry only contain active or current entries.  Therefore, in a circumstance where a charge has been paid and discharged, the entry with respect to the Charge must be cancelled by the Registrar. Similarly, where a parcel has been transferred, the entry relating to the previous proprietor will be cancelled on the addition of the new proprietor. These cancelled entries will be seen on the Register but will be omitted from any Certificates issued by the Land Registry. In order to view all of the entries on a Register, a member of the public can apply to inspect the Register for a specific parcel (Section 38 of the Land Registration Act).

Before any dealings are completed against a registered parcel, an Application for an Official Search should be requested by the interested parties.  On receipt of this Application, the Land Registry issues a Certificate of Official Search.  This Certificate will indicate the legal status of the parcel as at a specific date.

In some instances, the application for the Official Search can request that there be a stay of registration.  This stay of registration will restrict the Registrar’s ability, for a period of 14 days, from adding entries onto the Register of the parcel with the exception of an identified proposed dealing. Where an instrument effecting the proposed dealing is registered within the 14 day period, that dealing will have priority over any other instrument submitted for registration during the 14 day period.

The request for the stay of registration must contain the details of the specific proposed dealing and must have the consent of the current proprietor(s) of the parcel. (Section 46 of the Land Registration Act).

All registered documents, except Transfers by a Chargee under a Power of Sale, should be filed at the Land Registry within three (3) months of the date of the instrument. Where an instrument is received by Land Registry after three (3) months, a late fee is incurred. (Section 43 of the Land Registration Act)

Transfers by a Chargee under a Power of Sale should be filed within fourteen (14) days of the date of the instrument.  (Section 83 of the Land Registration Act). Where more than 14 days have elapsed and the transfer has not been registered, an application can be made to the High Court of Barbados which extends the time allowed for the registration of the specific document. A certified copy of the filed order of the High Court must be presented on the registration of the Transfer.

Any Plan deposited with the Land Registry must comply with the Land Boundaries Act Cap. 228B and the Land Boundaries (Land Survey) Regulations, 1993. Recently, the main reason for requesting a new Plan is where the area of the parcel surveyed has not been expressed in square metres or hectares. (Regulation 9 (g) of the Land Boundaries (Land Survey) Regulations, 1993.)

In order for a Judgment to be reflected on a register, a Caution should be filed at the Land Registry.

Cautions are filed by persons who wish to have their interest in the parcel recognized on the Register. (Section 129 of the Land Registration Act).  The effect of a caution is to restrict the dealing of the parcel. The main reasons for entering cautions are 1) by the Supreme Court where the proprietor is using the parcel as security in bail applications; 2) by a party to an action (debt recovery or otherwise) before the Supreme Court; and 3) by a party in a family matter being heard by the Supreme Court.  In order to successfully register a Caution, an Application with supporting Declaration must be filed at the Land Registry.

No. There is a distinction between recording fees and registration fees. On filing registered documents at the Land Registry, registration fees must be paid. These fees are based on the Improved Value as determined by the most recent land tax bill. Where there is no building situated on the parcel, the Site Value is used to calculate the registration fees  (Fifth Schedule of the Land Registration Regulations, 1998).

Where a parcel is transferred to more than one proprietor, the transfer should state whether the parcel is owned jointly or in common.  There is no presumption of joint ownership under the Land Registration system.  In a circumstance where the proprietors intend to own the parcel as proprietors in common, the share allocated to each proprietor should be indicated (Section 104 of the Land Registration Act).

Additionally, where there is more than one proprietor of a parcel, the Land Registry requires written documentation which has been signed by all of the proprietors as to whom shall receive the Certificate, where a Certificate of Title is being issued. (Section 34 (4) of the Land Registration Act). The signatures of the proprietors must be witnessed by an Attorney-at-Law, Justice of the Peace or Notary Public.

A Registration District is an area of land declared by the Minister responsible for Lands as subject to the new system of Land Registration.

No. The Minister will declare a large area of land as a registration district.  The Land Adjudication Unit is thereafter responsible for registering individual parcels within the registration district. This process takes time, and in all Registration Districts there remain parcels of land which are to be declared as registered.

According to Section 17 (4) of the Land (Adjudication of Rights and Interests) Act, Cap. 228A of the Laws of Barbados, Notice must be given to the Commissioners of Title before the recording of a document relating to a parcel of land which is located within a Registration District but which has not been registered. This Notice must be addressed to the Commissioner of Titles and a copy presented to the Registrar of Titles on the recording of the document.

To determine whether a parcel of land is registered, the name of the current owner, the land tax reference number and a copy of a lot plan should be presented to the Registration Section of the Barbados Land Registry by sending an email to registration@landregistry.gov.bb.

A Mutation Form (Form LR 3) should be filed at the Land Registry.  This form should be supported by the Application, Permission, Key Plan and Certificate of Compliance which were filed and approved by the Planning and Development Department.  Additionally, individual lot plans which have been completed by a qualified land surveyor and recorded at the Lands and Surveys Department should be filed in support of this Application. On receipt of the Mutation Form, the Registrar of Titles in association with the Chief Surveyor, will amend the survey data to reflect the new parcels. The Registrar of Titles will thereafter inform the Applicant of the new parcel information.

The Land Register is initially compiled from the Adjudication Record which has been prepared by the Land Adjudication Unit. At the date of the registration of the parcel, the Adjudication Record should state the legal status of the parcel as at that date.  After registration, all transactions are added to the Register which is maintained by the Land Registry.

The Land Registry issues Certificates of Title, Lease, Charge and Official Search. All Certificates contain the subsisting entries in the Register affecting the parcel to which the Certificate relates together with the Registry Map and a copy of the plan which has been filed.  Each Certificate issued is evidence of the contents of the Register.

Certificates of Title
These are issued to the proprietor of the registered parcel where there are no charges against the property.
The Certificate of Title is used by the proprietor as proof of ownership of the parcel.

Certificates of Lease
These are issued to the lessee of the registered parcel in circumstances where the parcel is tenanted for period in excess of 21 years.

Certificates of Charge
These are issued to financial institutions or chargees who have registered their interest in a parcel. The Certificate of Charge is used by the holder of the Charge as proof of its interest.

Certificates of Official Search
These are issued after Applications for an Official Search are registered at the Land Registry. These are used by interested parties before any dealings occur on registered parcels and indicate the current legal status of the parcel.

Before any dealings in land are commenced, Attorneys-at-Law are encouraged to investigate at the Land Registry whether a parcel of land is located within a Registration District or has been registered. The latest land tax bill, the name of the current owner and a copy of the lot plan should be produced to the Registration Section of the Land Registry to facilitate this investigation via e-mail. This investigation will indicate whether documents are required to be completed under the Land Registration system or under the common law system.

Information with respect to registered parcels can be obtained from the Barbados Land Registry for a prescribed fee.  This information can be accessed by

• inspecting the Registry Map,
• inspecting any filed instrument;
• obtaining certified copies of folios (the Property Proprietorship or Encumbrances Section of the Land Register),
• obtaining a certified copy of a part of the Registry Map;
• obtaining a certified copy of any instrument filed; or
• requesting an official search.

These searches are facilitated by section 38(1) of the Land Registration Act and the appropriate form must be registered in order to access these documents.

Where documents have been prepared under the common law system for a registered parcel, the Land Registry will issue a Form L.R 11 which gives the attorney a specific time frame to submit the correct document. This results in an additional expense and a delay in completing the transaction.

On submission of a form L.R. 35 “Transfer by Personal Representative to Person Entitled Under a Will or on an Intestacy” for assessment, certified copies of the Letters Testamentary or Letters of Administration must be annexed. Additionally, in a circumstance where the Deceased left a will, a certified copy of the probated will must also be annexed.

Where the parcel is being transferred under an intestacy, it is required that a certified copy of the Affidavit in Support which was filed at the Supreme Court Registry be produced.  This Affidavit should detail the persons entitled to the estate of the deceased and will allow the officers at the Land Registry to accurately calculate any taxes and duties on the transfer.

These requirements extend to circumstances where the Personal Representative is transferring the parcel to an independent person (not a beneficiary to the estate of the Deceased).