TerraLex Cross-Border Real Estate Guide

Registered land in Jamaica is governed by the Registration of Titles Act ("RTA"). The RTA governs the procedure by which land in Jamaica may be registered and also how such land may thereafter be dealt with.

Jamaica's system of land registration is based on what is known as the Torrens System of land registration. This system of registration involves the registration of land in one main document, referred to as the Register Book of Titles, and the subsequent registration of all transactions concerning that land. When such a system is used, it results in the ability to trace the history of the land from the time of its 'existence' under the RTA and makes it possible to ascertain with ease the name of the owner of the property at any given time.

The following documents and interest must be registered over real property:

a) conveyance; b) assignment; c) transfer; d) lease; e) mortgage; f) charge or lien; and g) the creation of an easement.

There are no real restrictions or limitations imposed upon foreigners who wish to acquire property in Jamaica.

Foreign investors would simply be required to obtain a Taxpayer Registration Number (TRN) and enter into a formal contract to purchase the property.

A foreign investor would also be required to pay the relevant stamp duties and registration fees.

Foreign investors would either:

a) register an overseas branch of the foreign entity; or b) incorporate a subsidiary company.

All contracts/duties which are registered on the Title will be transferred from the owner/seller to the buyer.

All taxes/duties which are applicable to the land will also be transferred to the buyer.

Typically any liability which arises from the use and/or ownership of the land.

Also any tax liabilities which have been imposed upon the land.

There are no restrictions or limitations imposed upon foreign investors who wish to acquire land in Jamaica. However, it is strongly recommended that they engage the services of a reputable Attorney who can assist with conducting due diligence on the land.

No.

Yes.

Yes.

No. However, a number of investors typically enter into joint venture agreements.

Yes.

Yes.

Yes.

Transfer Tax, Stamp Duty and Registration Fees.

Yes.

Yes.

The common terms of commercial leases would include:

a) amount of rent and how payable; b) obligations of the lessee and lessor; c) duration and term of lease; d) mutual covenants between the parties; e) termination clauses; f) indemnities; and g) governing law and dispute resolution clauses.

The common terms of personal leases would include:

a) amount of rent and how payable; b) obligations of the lessee and lessor; c) duration and term of lease; d) mutual covenants between the parties; e) termination clauses; f) indemnities; and g) governing law and dispute resolution clauses.

The rules for termination would be governed by the terms of the lease agreement and the Registration of Titles Act.

A tenant must ensure that he pays the rent and keeps the property in good and tenantable repair, fear, wear, and tear excepted.

Yes.

Yes.

Yes.

No.

Yes.

No.

Yes.

No.

No.

Yes.

The most common structure used is a bill of quantities prepared by a reputable quantity surveyor, architect, or engineer.

The most common clauses would be the warranties and representations given by the parties, defects liability clauses, insurance clauses and timeline for completion of the contruction project.

The Real Estate (Dealers & Developers) Act, the Building Act, the Town and Country Planning Act, the Natural Resources Conservation Authority Act, and the Land Development and Utilization Act.

Yes.

Yes.

Yes.

No.