The Cayman Islands Land Registry records the details of all land ownership information in the Cayman Islands, and provides information on Registration to the General Public. Virtually all land transactions must be registered and the helpful and knowledgeable registry staff at Lands & Survey will be pleased to assist you in what documents require registration, and how to undertake it.
Registration of Transactions
Registration of land transactions is the primary work of the Land Registry. Land transactions include:
- Transfers (Sales) of Land, Buildings, & Condominiums
- Mortgages & Charges
- Easements (Rights of Way)
- Restrictive Covenants (Estate Rules, Rights to do something or Restrictions not to do something)
- Cautions (a ‘warning’ that a right, often the right to purchase, exists)
- Changes in ownership by death, trust, or other powers
- Other specialist transactions, such as restrictions
Registration of Transactions is a relatively straightforward process through the use of standard forms, however documentation must be completed accurately and supporting documents may be required. Fees are payable in all instances. Whilst documents can be completed without legal assistance, it is strongly recommended that you retain an Attorney to ensure that you are properly advised of your rights. Whilst we can provide you with factual information based on your circumstance, we are unable to provide you with advice or opinion as to whether a transaction is appropriate to your needs.
Documents are prioritised for registration in strict order of receipt without exception regardless of circumstance. Stays of Registration have a short validity period however (14 days), and as such the completion of the Registration process will occur in advance of other documents (assuming no other instuments are awaiting completion in respect of the same parcel).
Subdivisions & Combinations
The Land Registry, in conjunction with the Survey Section, also undertakes modifications to the Land Register and Registry Map when a parcel is sub-divided (split into smaller parcels) or combined (amalgamated with other parcels). A survey will be required in either instance, and a Licensed Land Surveyor will typically submit the documents on behalf of their client.
Our public counter provides the general public with Land Registry information, the inspection of original or provision of photocopies of Land Registry documentation. A statutory fee is payable to view or receive a copy of each and every Registry document.
Documentation that is available for inspection and / or copy includes:
- Current & Historical Land & Lease Registers;
- Executed Instruments, and supporting documentation;
- Registry Map Extracts
- Strata Plans
- Powers of Attorneys
Registry Maps, Reduced Registry Maps and Survey Plans are also available, however the administration of this undertaken by the GIS Section, who will be happy to assist at the same counter.
Preparation & Witnessing of Documentation
The Land Registry can, for a fee, prepare Registration forms based on your instructions. In addition, we can witness signatures of either party, in lieu of witnessing by a Justice of the Peace or Notary Public. If you require this service, please ask at the Public Counter.
Instruments should be submitted to the Lands & Survey Department immediately after completion of the transaction, and no later than 45 days after the date of first signature. If a document has been signed overseas, the 45 day submission period commences from the date of the first signatory. Applicants should ensure that proof of arrival of the documentation is retained.
For each 45 day period (or part thereof) that elapses from the date of first signature, a Late Registration Fee (equivilent for each period to the original Registration Fee) will again become payable as a late submission penalty. In establishing the Late Fee to be applied we will deduct periods of time where we are holding the document, but include periods of time when we have returned the Instrument to you (for non compliance) or advised you of outstanding fees. It is always recommend that the Registration Fee be submitted with the documentation, at the earliest opportunity to avoid (or reduce) late Registration Fees.